FOUNDATION OF EDUCATION

LEGAL ASPECTS OF EDUCATION

2013 - 2014

AIM OF CHAPTER 9 - A general overview of the U.S. court system and examines the legal topics and

court decision that have most affected today’s schools and teachers. The right and responsibilities of both teacher and students and religion and schools.

2

Considered questions 1.1. What legal right and responsibilities do teacher have?What legal right and responsibilities do teacher have?2.2. What are the legal rights of students?What are the legal rights of students?3.3. Can religious activities be conducted in public schools?Can religious activities be conducted in public schools?4.4. Can the government assist nonpublic schools? Can the government assist nonpublic schools?

3

THE COURT SYSTEMFederal court decide cases that involve

federal law and regulation constitutional issues

Federal court decide cases that involve federal law and regulation constitutional

issues

State court adjudicate cases that involve state laws, state constitutional provisions, school board policies, and

other non-federal problems

* Both federal and state court usually require that perspective litigants exhaust all administrative avenue available for resolution before involving to court system

Municipal or superior court

Appellate Court

Supreme Court

5

Supreme Court

Circuit courts of appeal

District courts

Conflicting rulings

Decisions of a court below the U.S Supreme Court have force only in the geographic area served by that particular court , it’s possible to find conflicting ruling in indifferent circuits.

The first and fourteenth amendments

6

The First Amendment

concerns freedom of religion, speech, press, and assembly and the right” to petition the government for redress of grievances”

Establishment Clause

Free Exercise Clause

Prohibits the establishment of a government-sanctioned religion

Protect rights of speech and expression

7

Fourteenth Amendment

No state shall“ deprive any person of life, liberty, or property, with out due process of law

No state shall “deny to any person within its jurisdiction

of the equal protection of the law”

Due Process Clause

Equal Protection Clause

Refers to the use of legal rules and principles established to protect

the rights of the accused.

Teachers’ rights and responsibilities

8

Testing and Investigation of Applicants for Certification or Employment

Testing and Investigation of Applicants for Certification or Employment

Background ChecksStandards & Assessment

Nondiscrimination requirements

Almost everywhere in the U.S, individuals who wish to teach in grades k-12 must possess teaching certificate, which are usually granted by the state

.Using fingerprints .checking with local, state, and federal enforcement agencies- Criminal records

-Teachers have to pass competency tests for continued employment. -Minority and nonminority are equal

9

Employment Contract and Tenure

Probationary period Probationary period Continuing employment Continuing employment

Breach of contractBreach of contract

-One side fails to perform as agreed, the party that breaded contracts may be sued for damages.- Revoke the teacher’s certificate -If the school breaks a contracts, teacher may be awarded payment for damages

Granted tenure teacher are employed under a continuing contract. The term means that their reemployment for next year is guaranteed unless school officials give notice by a special date that the contract will not be renewed .

Tenure teacher is not referred to all districts mean they have to take period of probationary , which lasts three years of consecutive, satisfactory service, but some states try to establish much shorter.

10

Academic FreedomAcademic freedom refers to the teacher’s freedom to choose subject matter and instructional materials relevant to course without interference from administrators.

Teacher as Exemplar or Role

Model

Moral Standard

Renewed emphasis on role-model

responsibilities

Prohibiting gay discrimination

Dress and grooming cases

Torts are civil wrongs. Under tort law, individuals who have suffered through the improper conduct of other may sue for damages

11

Student Injure

Decline of immunity

Standard of proper care

Tort liability and

negligence

Can danger be foreseen? Parental consent

form

Laws require reporting

abuse

12

Copyright Laws

Copyright gives authors and artists control over the reproduction and distribution of works they create.

Fair use guidelines

Is a legal principle that allows use of copyrighted materials without permission from the authors under specific, limited condition

Video recordings

Software

Internet

II. Students’ rights and II. Students’ rights and responsibilitiesresponsibilitiesDecline of in loco parentis (Being responsible for a child while the Decline of in loco parentis (Being responsible for a child while the

child’s parents are absent).child’s parents are absent).Non-public school students not necessary protected.Non-public school students not necessary protected.

13

1.Freedom of expression1.Freedom of expression

Guarantees of Free speech.Guarantees of Free speech.Limits of Free speech.Limits of Free speech.Regulate Students Publication.Regulate Students Publication.Legitimate Regulation.Legitimate Regulation.

14

1.2 Student use of internet and electric 1.2 Student use of internet and electric devicesdevices

Acceptable policies for internet useAcceptable policies for internet useSuspension for digital ridiculeSuspension for digital ridiculeCell-phone bansCell-phone bans

15

1.3 Dress code and regulation1.3 Dress code and regulation

Mixed rulingMixed rulingA rational basisA rational basisMinimum due processMinimum due processWritten policiesWritten policies

16

3. Protect from violence3. Protect from violence

School may be liable for violence.School may be liable for violence.**Educators have a duty to protect students against violence actions **Educators have a duty to protect students against violence actions

that occur at school or at school sponsored events.that occur at school or at school sponsored events.

17

3.1 Zero tolerance and its effects on school3.1 Zero tolerance and its effects on school

Gun free school actGun free school actZero toleranceZero toleranceZero tolerance sometimes out of controlZero tolerance sometimes out of control*Make sure students have opportunities to talk with and connect *Make sure students have opportunities to talk with and connect

with caring adults.with caring adults.*Provide flexibilities and consider alternatives to expulsion.*Provide flexibilities and consider alternatives to expulsion.*Clearly define what constitutes a weapon, misbehavior, or a drug.*Clearly define what constitutes a weapon, misbehavior, or a drug.*Tailor policies to local needs and review them annually.*Tailor policies to local needs and review them annually.

18

4. Search and seizure4. Search and seizure

Four Amendment RightsFour Amendment Rights**A legal search usually request a lawfully issued **A legal search usually request a lawfully issued

warranty. But rising drug use in school and warranty. But rising drug use in school and accompanying acts of violence have led some school accompanying acts of violence have led some school officials to install metal detectors or X-ray machines to officials to install metal detectors or X-ray machines to search for weapons. ==>Four Amendment which help search for weapons. ==>Four Amendment which help people to be secure in their persons, houses, papers people to be secure in their persons, houses, papers and effectsand effects..

19

4. Search and seizure (Con’t). Search and seizure (Con’t)

Reasonable cause: Search usually are conducted Reasonable cause: Search usually are conducted because administrators have reasons to suspect because administrators have reasons to suspect that illegal or dangerous items are premise.that illegal or dangerous items are premise.

T.L.O searching a purseT.L.O searching a purse

20

4. Search and seizure (Cont.)

Two-sponged standardTwo-sponged standard1.1. Whether the search is justified at its conceptionWhether the search is justified at its conception2.2. Whether the search, when actually conducted, is Whether the search, when actually conducted, is

reasonably related in scope to the circumstances reasonably related in scope to the circumstances which justified the interference in the first place.which justified the interference in the first place.

21

4. Search and seizure (Cont.)4. Search and seizure (Cont.)

Drug –sniffing dogsDrug –sniffing dogsStrip-search unconstitutionalStrip-search unconstitutionalGuideline for searches.Guideline for searches.

- Search must be particularized- Search must be particularized..- Lockers are consider school property and may be - Lockers are consider school property and may be

searched if reasonable cause exists.searched if reasonable cause exists.

22

4. Search and seizure (Con’t)4. Search and seizure (Con’t)

- Dogs may be used to sniff lockers and cars. - Dogs may be used to sniff lockers and cars. Generalized canine sniffing of students is permitted Generalized canine sniffing of students is permitted only when the dogs do not touch them.only when the dogs do not touch them.- Strip searches are unconstitutional and should - Strip searches are unconstitutional and should never be conducted.never be conducted.

23

- School officials may conduct searches on field trips, School officials may conduct searches on field trips,

but the usual standards for searches still apply.but the usual standards for searches still apply.

- School officials’ judgments are protected by School officials’ judgments are protected by

government immunity if the search is not knowingly government immunity if the search is not knowingly

illegal.illegal.

24

4. Search and Seizure (Con’t)

4.1. Video surveillance and Search

• SurveillanceSurveillance is the monitoring of the behavior, activities, is the monitoring of the behavior, activities,

or other changing information, usually of people for the or other changing information, usually of people for the

purpose of influencing, managing, directing, or protecting.purpose of influencing, managing, directing, or protecting.

• Video surveillance is very useful to governments and law Video surveillance is very useful to governments and law

enforcement to maintain social control, recognize and enforcement to maintain social control, recognize and

monitor threats, and prevent/investigate criminal activity. monitor threats, and prevent/investigate criminal activity.

25

4.2. Testing athletes for drugs

• Some school-board members and other policy makers Some school-board members and other policy makers

have urged administrators to introduce random testing have urged administrators to introduce random testing

of student athletes’ urine to detect marijuana, steroids, of student athletes’ urine to detect marijuana, steroids,

and other illegal substances.and other illegal substances.

• U.S. Supreme court has permitted drug testing of U.S. Supreme court has permitted drug testing of

students engaged in other extracurricular (unusual) students engaged in other extracurricular (unusual)

activities.activities.

26

4.3. Classroom discipline and Corporal punishment• Classroom discipline was the issue in a case involving a sixth grader who was Classroom discipline was the issue in a case involving a sixth grader who was

placed in a time-out area of the classroom whenever his behavior became placed in a time-out area of the classroom whenever his behavior became

disruptive (causing trouble).disruptive (causing trouble).

• During Time-out (break-time) students are allowed to take rest, but of course During Time-out (break-time) students are allowed to take rest, but of course

they could do more than resting, but causing trouble ,etc. they could do more than resting, but causing trouble ,etc.

• Some teachers have decided to slightly use corporal punishment (hitting) in Some teachers have decided to slightly use corporal punishment (hitting) in

order to control those students even though it is not acceptable for some order to control those students even though it is not acceptable for some

parents and school.parents and school.27

28

4.4. Sexual harassment or Molestation of Students

29

Article 246: Definition of indecent Article 246: Definition of indecent assaultassault

Touching, fondling or caressing the Touching, fondling or caressing the sexual organs or other part of a person sexual organs or other part of a person without that person’s consent or without that person’s consent or coercing another person to perform coercing another person to perform such acts on the perpetrator himself or such acts on the perpetrator himself or herself or a third person for the herself or a third person for the purpose of arousing the perpetrator or purpose of arousing the perpetrator or providing sexual pleasure to the providing sexual pleasure to the perpetrator constitutes indecent perpetrator constitutes indecent assault. Imprison 1 - 3 years, 2 millions assault. Imprison 1 - 3 years, 2 millions – 6 million riels.– 6 million riels.

Article 250: Definition of sexual Article 250: Definition of sexual harassmentharassment

Sexual harassment shall mean the abuse Sexual harassment shall mean the abuse by one person of the authority by one person of the authority conferred by his or her functions against conferred by his or her functions against another person for the purpose of another person for the purpose of applying pressure repeatedly in order to applying pressure repeatedly in order to obtain sexual favors. Imprison 6 months obtain sexual favors. Imprison 6 months – 3 months, 100.000 – 500.000 riels.– 3 months, 100.000 – 500.000 riels.

5. Students records and Privacy rights

• Until 1974, students or their parents could not view most Until 1974, students or their parents could not view most

student records kept by schools, only government agencies student records kept by schools, only government agencies

could do so.could do so.

• Later on, Public schools districts develop policies allowing Later on, Public schools districts develop policies allowing

parents access to their children’s official school records.parents access to their children’s official school records.

• Private notes, criminal behavior and memoranda of Private notes, criminal behavior and memoranda of

teachers and administrators are not allowed to view.teachers and administrators are not allowed to view.30

6. Compulsory Attendance and Home Schooling

• Every state has a law requiring children to attend school, usually from age six Every state has a law requiring children to attend school, usually from age six

or seven to age sixteen or seventeen. or seven to age sixteen or seventeen.

• Laws have usually been asked to demonstrate the home program’s essential Laws have usually been asked to demonstrate the home program’s essential

equivalence to public-school offerings with respect to subject matter covered.equivalence to public-school offerings with respect to subject matter covered.

• State government allow for home schooling, but depending on state State government allow for home schooling, but depending on state

legislation, they impose regulations dealing with hours of study, testing, etc.legislation, they impose regulations dealing with hours of study, testing, etc.

• In some states, they also must show test results indicating that their In some states, they also must show test results indicating that their

children’s education is comparable to that school-educated peers. children’s education is comparable to that school-educated peers.

31

6.1. Need for Balance between Rights and Responsibilities

• During the past several decades, many educators and parents have decided During the past several decades, many educators and parents have decided

that the legal process is out of balance. They believed that the courts place that the legal process is out of balance. They believed that the courts place

too much emphasis on students rights and too little on the need for school too much emphasis on students rights and too little on the need for school

discipline. discipline.

• Schools rules are set to be reasonable and acceptable. Court are now Schools rules are set to be reasonable and acceptable. Court are now

placing considerable confidence in school officials trusting those officials to placing considerable confidence in school officials trusting those officials to

maintain a proper balance between students rights and the school’s needs.maintain a proper balance between students rights and the school’s needs.

32

7. Religion and the Schools

• US government always prevents itself from experiencing the US government always prevents itself from experiencing the

serious and often bloody conflicts that had occurred in Europe.serious and often bloody conflicts that had occurred in Europe.

• Government is neutral government, and while protecting all, it Government is neutral government, and while protecting all, it

prefers none, and it disparages (criticize) none. Meaning that prefers none, and it disparages (criticize) none. Meaning that

individuals have rights to hold and freely practice their religious individuals have rights to hold and freely practice their religious

beliefs by any how they want to do it.beliefs by any how they want to do it.

• Government still needs to set regulations for those religious Government still needs to set regulations for those religious

activities to make sure it is done orderly and rightly at school.activities to make sure it is done orderly and rightly at school.33

8. Government Regulation and Support for Nonpublic school

• Government gave nonpublic school reasonable choice and discretion in respect Government gave nonpublic school reasonable choice and discretion in respect

of teacher, curriculum and textbooks. States have passed various kinds of of teacher, curriculum and textbooks. States have passed various kinds of

legislation to regulate nonpublic school. They require the employment of legislation to regulate nonpublic school. They require the employment of

certified teachers, specify the number of days or hours the school must be in certified teachers, specify the number of days or hours the school must be in

session, insist that schools meet state accreditation standards.session, insist that schools meet state accreditation standards.

• State can legally offer many types of support for nonpublic schools, including State can legally offer many types of support for nonpublic schools, including

transportation, books, and health services because it directly benefits child.transportation, books, and health services because it directly benefits child.

34

Thank you for your attention!

35