Teachers and The Law 7 th Chapter 1 Teachers and the Legal System Fischer, Schimmel, Stellman...

Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007

Teachers and The LawTeachers and The Law77thth

Chapter 1Chapter 1Teachers and the Legal SystemTeachers and the Legal System

Fischer, Schimmel, StellmanFischer, Schimmel, Stellman

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Gerri Spinella Ed.D.Gerri Spinella Ed.D.Elizabeth McDonald Ed.D.Elizabeth McDonald Ed.D.

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Key ConceptsKey ConceptsChapter 1-Teachers and the Legal SystemChapter 1-Teachers and the Legal System

Part I Legal Aspects

of Teaching

Key ConceptsKey ConceptsChapter 1 – Teachers and the Legal SystemChapter 1 – Teachers and the Legal System

Part II Teachers’ and Students’ Rights


In what ways can educators access In what ways can educators access the legal system to understand the the legal system to understand the laws applicable to their school laws applicable to their school problem? problem?


Essential QuestionEssential Question


Text PrinciplesText PrinciplesBroad Legal Generalizations

1. The legal control of public education resides with the state as one of its sovereign powers.

2. All school policies and practices that impinge upon protected personal freedoms must be substantiated as necessary to advance the educational mission of the school.

3. Student policies and practices must not disadvantage selected employees or students.

4. Procedural due process is required before students or teachers may be deprived of protected liberty or property rights.

5. Educators are expected to follow the law, to act reasonably, and to anticipate potentially adverse consequences of their actions.

6. Reasonable policies and practices based on legitimate educational objectives have been consistently sanctioned by the courts.


Clear and Published Sources

Reasonability Standard

Reasonable Reasonable Suspicion vs. Suspicion vs.

probable causeprobable cause

DifferentiationDifferentiation

Due Process

In Loco ParentisIn Loco Parentis

Understand and

Implement

GUIDING PRINCIPLES


PrefacePreface

1. “Americans are a litigious people.”

2. This book is about teachers and the law that affects them.”

3. “Our purpose in writing this book is not to encourage teachers to litigate.”

4. “Too many teachers view the law with anxiety and fear, as a trap to ensnare any educator….”

5. “… the purpose of this book is to empower teachers to take the law constructively into their own hands, in order to be able to use law as a source of guidance and protection….”

Preface, pp. xi-xii


ESTABLISHED PROCEDURES BASED UPON

GUIDING PRINCIPLES

-Search for -Search for drugs and drugs and weaponsweapons

-Locker search-Locker search

-Drug testing of -Drug testing of athletes athletes

-Drug dogs-Drug dogs

-Out-of-school -Out-of-school conduct can conduct can

result in result in in-school in-school

consequencesconsequences


Case PresentationCase Presentation

SettlegoodeSettlegoode v. v.

Portland Public Schools Portland Public Schools



Three Main Laws(2)

Sue in Federal and

State Courts(2-3)

Legal AssistanceLegal Assistance(3-4)

JurisdictionJurisdiction

BOE/Federal BOE/Federal CourtsCourts

Legal AssistanceLegal Assistance

LawyerLawyerOther options: Other options: Bargaining Bargaining Representative (union)Representative (union)EEOCEEOC

Statutory lawStatutory law

Constitutional LawConstitutional Law

Common LawCommon Law



KEY WORDS KEY WORDS Chapter 1-Teachers and the Legal SystemChapter 1-Teachers and the Legal System

pp. 4-12pp. 4-12

Complaint (4) 1st main paper filed. Includes a statement of harm done and a request for specific help from the court.

Plaintiff (4) one who initiates a lawsuit

Defendant (4) person sued

Answer (4) admits to or denies the allegation and sets forth the defendant’s view

Motion to dismiss (4) argument that even if the facts in the allegation are true, they do not state a valid basis for a lawsuit.

Cause of Action (4) facts sufficient to allow a valid lawsuit to proceed

Discovery (4) process whereby each side finds out information about the other side’s case


Interrogatories (4) written questions answered under oath

Depositions (4) sworn testimony taken of the parties and witnesses

Writ of certiorari (5) request for review of a lower court decision (can be refused)

ADR a. mediation (7)

b. arbitration (7)

Alternative Dispute Resolution (options)

process in which adversaries sit with a neutral 3rd party to negotiate and agreement that all find acceptable.

more formal hearing – all present witnesses, arbitrator rules.

En banc (12)in the bench – full panel of judges sit to hear a case.

Legal Research Tools (8-12)

Online optionsa. www.supremecourtus.govb. LEXISc. WESTLAWd. Infotrac

KEY WORDS KEY WORDS Chapter 1-Teachers and the Legal SystemChapter 1-Teachers and the Legal System


Analysis Analysis

of of

Settlegoode v. Portland Public SchoolsSettlegoode v. Portland Public Schools


Initial Proceedings

Complaint Facts of claim by plaintiff seeks

DefendantAnswers

(30 days) or

motion to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories DepositionsDocument Requests

Settlement Conference



ReflectionReflection

To what extent have you as an educator become more informed about the procedures of the legal system and how to access information as well as understand procedures to protect the rights of others?

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