WEEK 2: TEACHERS AND THE LAW

EDU315 University of PhoenixGeorge J. Barnes M.Ed

REVIEW FROM WEEK 1 Legal Considerations

All the law abiding issues such as theft, murder, rape, speeding, public intoxication, etc..

Every law that would cause legal representation is a dangerous place for your employers.

Mug shot=bad move Code of ethics or conduct designed to create teachers who

share the same values of school, district, and community Each school has an image and each school may have a

difference in their expectation based on their culture set Private vs. Public, higher socioeconomic vs. lower, etc

usually is the difference between higher and lower expectations for the code of ethics, educators, and students.

OBJECTIVES Distinguish between inappropriate and

appropriate interaction with students. Recognize appropriate forms of

interactions with parents and community.

Continue from past week’s lesson.

RIGHTS AND RESPONSIBILITIES

TEACHERS STUDENTS

Rights as a citizen, but some liberties are removed as an employee of the district and/or government .

Responsible to help facilitate learning of the overt curriculum and the adjacent curriculum of developing a citizen of good character in a democratic system.

Responsible for the overall well being of a student with board and professional boundaries.

Rights as a citizen, but some liberties are removed based on the betterment of the culture of the building.

Responsible for their own interactions as a person and for their choices made involving curriculum and based on the school board policies.

THE RIGHTS OF AN EDUCATOR Yes, you still have rights that are given

by the Constitution. Yes, there are limitations. Yes, you can lose your job and

credentials if you do not perform “your” duties as an educator

FREEDOM OF EXPRESSION Until the middle of the 20th century, the

Bill of Rights was rarely referred to when teachers or students challenged the constitutionality of school rules.

1969-Tinker vs Des Moines ruled that neither teachers nor students lose their constitutional rights to freedom of expression when they enter the public schools.

THE EDUCATORS’ RIGHTS TO SPEAK Educators are citizens protected by the

First Amendment and further protected by the Fourteenth.

There are limitations to what can be said, when, to whom and why.

You may speak about your district, school, superiors, co-workers as long as the statements are not viciously false.

BALANCING TEST OF THE EDUCATOR’S EXPRESSION

The need for harmony in schools Whether the criticism injured the working

relationships The time, manner, place, and context of the speech The degree of public interest involved The effect of the speech on the teacher’s ability to

work effectively Whether the matter is an issue of public concern or

of any political matter, social, or other concern to the community

POLITICAL SPEECH The 1st Amendment protects teachers’ rights

to participate in political activity as citizens in the community.

Teachers may put political stickers on their cars that are parked and probably wear buttons.

Educators cannot persuade students to adopt their personal political views

School policies can prohibit the activity during school hours

RELIGIOUS FREEDOMS Same as politics Establishment Clause was intended to

prohibit the federal government from declaring and financially supporting a national religion such as other nations from which our forefathers traveled.

Free Exercise Clause included the protecting religious beliefs of citizens, but not the religious practices that run counter to neutrally enforced criminal laws

EDUCATOR FREEDOMS REVIEW Trials that led to precedents = Pickering v.

Board of Education, Bowman v. Pulaski County Special School District, Tinker v. Des Moines

Check your board policy on expression Check the balancing test for your expressions Your job is not the time or place to sway

students (future citizens) to think as you do. Be professional about your comments and

choose timing wisely.

THE RIGHTS OF A STUDENT Yes, they still have rights that are given

by the Constitution. Yes, there are limitations. Yes students can be disciplined for their

actions.

FREEDOM OF EXPRESSION Tinker v Des Moines 1965 during the era of the Vietnam War

a group of students led a silent protest by wearing black arm bands during the school day. The schools quickly developed a policy against the wearing of the armbands, students wore the bands, and were suspended

RESULTS FROM TINKER “Student nor teachers shed their constitutional

rights to the freedom of speech or expression at the schoolhouse gate.”

“..any spoken word spoken in class, in the lunchroom or on the campus that deviates from the views of another person may start an argument or cause a disturbance. But our Constitution says we must take this risk…”

School officials cannot prohibit opinion merely to “avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint”.

GOOD EXPRESSION VS BAD EXPRESSION

GOOD BAD

Not a distraction to education purpose of school or class

No malicious attempt towards any person or structure

Can disagree with others or cause discomfort based on difference on opinion from school or otherwise

Solid evidence of disruption or possible disruption of school purpose

Malicious attempt towards other such as assault or defamation.

Goes directly against school policy

WHEN EXPRESSION GOES WRONG Bethel v. Fraser-Lewd speech with

gestures and entendres Cohen v. California-Student wears a

jacket that states, “F—k the draft”

THE STUDENTS’ LIMITATIONS AND SCHOOLS’ RESPONSIBILITIES

Tinker states conduct from a student that, “materially disrupts class work or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the Constitutional guarantee of freedom of speech.”

Schools have the responsibility to guide the ethics and morals of students as well as education students through curriculum.

EXAMPLES OF CANS AND CAN’TS OF STUDENT EXPRESSION

CAN CAN’T

Openly speak out against school policy .

Wear shirts that promote a cause.

Write an underground newspaper and handout in school (Hazelwood case).

Can refuse to stand during the pledge of allegiance.

Openly speak out against school policy using lies and attacking staff.

Wear shirts that promote a cause while using inappropriate language.

Write an underground newspaper that attacks any individual personally (Hazelwood case).

Refuse to stand for pledge AND cause a disturbance.

EDUCATORS’ RESPONSIBILITIES The practice of en loco parentis carries a large

responsibility. As educators we must provide spaces for not only

learning the academically offered materials, but also sound citizens.

Safety of all students within the schools’ walls and, in many cases’ outside the school building needs to be a priority to all who work for schools.

Safety includes, from outside school individuals, staff (including ourselves), other students, the student themselves, transportation, and school buildings.

LIABILITY AND NEGLIGENCE Historically, the courts have ruled that districts

and school board members acting in good faith within their prescribed authority could not be liable for injuries to students or teachers that were a result of errors of judgment.

School board members have been liable as individuals when they exceeded their authority and teachers have always been liable to others caused by their own negligence.

STUDENT INJURIES Under the common law, teachers have a

mandatory duty to supervise students under their control.

The balancing test for liability includes: The teacher had a duty to be careful not to

injure the student and to protect the student from being injured

The teacher failed to use due care The teacher’s carelessness caused the injury The student sustained provable damages

NEGLIGENCE Nasty word Fails to exercise reasonable care to protect

his or her students from injury. The Sheehan Case

“It is the duty of the school to use ordinary care to protect students from injury resulting from the conduct of other students under circumstances where such conduct would reasonably have been foreseen and could have been prevented by the use of ordinary care”

NEGLIGENCE (CONT.) “The mere presence of the hand of the

authority normally is effective to curb this youthful exuberance and to protect the children against their own folly.”

[Educators] have a duty to exercise reasonable care not to injure their students and to prevent them from being injured.

MORE NEGLIGENCE Three groups are susceptible to liability

to the event of negligence: The program leadership personnel (i.e.

teachers, coaches, etc.) Administrative or supervisory level

personnel such as principal, department heads, superintendents

The corporate entity such as the school district

FINGER POINTING The ramifications for liability extends up the

ladder of responsibility as long as the injured person can prove negligence.

Responsibility for administration includes: Employ competent personnel and fails to discharge

employees found to be unfit Provide supervision or a supervisory plan Direct services in the appropriate manner Establish and enforce safety rules and regulations Correct dangerous conditions and defective

conditions

PROACTIVE APPROACH TO AVOID NEGLIGENCE

Do not leave your classroom Perform your duties Post your classroom/lab rules in a conspicuous place Post drills (fire, lockdown, tornado etc.) in a conspicuous

place Provide appropriate instruction and document in you lesson

plan when this occurs Keep proper records Keep private information private Follow school discipline codes-don’t create your own Maintain your classroom Avoid “touch” situations

OTHER POSSIBLE AREAS OF DANGER Protecting student from themselves

Any conversation overheard or directed to you as the professional that could lead to a student’s personal injury or demise should be reported to parent, counselor, and department chair or assistant principal

Yes you are liable

OTHER POSSIBLE AREAS OF DANGER The student is under our care from

their doorstop until they return. Observe the environment while coming

into school or leaving. Some schools have neighborhood duty Your presence may mean everything

THE TRUTH FROM THE BOOK OF OPINIONS OF GEORGE

With rights come responsibilities Use professionalism if there is a conflict

with your morals and the school. Use your rights appropriately.

Students have rights, but they also have a responsibility to use them appropriately. Redirect them as desired by you school board policy and your values.

THE TRUTH FROM THE BOOK OF OPINIONS OF GEORGE (CONT.)

The students are your job. Protect them from danger…as much danger as possible.

Be proactive and plan as much as possible.

Build a professional relationship with your students and their family.

KEEP IT GOING! Continue reading the material for the

week Participate in the discussion questions

for the week Be sure to review all of the forums and

perform all of the needed assignments Have fun and teach!