William Allan Kritsonis, Ch 1 School Law for Teachers

1
School Law for Teachers

• William Allan Kritsonis, PhD

2
78th Legislature Update

• Teacher Appraisal
• Textbooks
• Sexual Misconduct with Certain Students
• Probationary Contract Status
• Health Insurance

3
Sovereign immunity and liability

• Teachers are immune from tort liability except in
  cases of negligence.
• HOW OR FOR WHAT REASONS CAN WE BE HELD LIABLE FOR
  NEGILGENCE?

4
Professional code of ethics

• State Board of Educator Certification (SBEC)
• The educator shall not knowingly
• deceptive practices regarding official policies
• misappropriate, divert, or use monies, personnel,
  property, or equipment
• submit fraudulent requests for reimbursement,
  expenses, or pay.

5
Code of Ethics continued

• use institutional or professional privileges for
  personal or partisan advantage
• accept nor offer gratuities, gifts, or favors
  that impair professional judgment
• not falsify records, or direct or coerce others
  to do so.
• not interfere with a colleague's exercise of
  political, professional, or citizenship rights

6
Code of Ethics continued

• not harm others by knowingly making false
  statements about a colleague or the school
• not reveal confidential health or personnel
  information concerning colleagues
• not reveal confidential information concerning
  students
• furnish alcohol or illegal/unauthorized drugs to
  any student or knowingly allow any student to
  consume alcohol or illegal/unauthorized drugs in
  the presence of the educator.

7
Code of ethics continued

• use coercive means or promise of special
  treatment in order to influence professional
  decisions or colleagues
• deliberately or knowingly misrepresent facts
  regarding a student
• exclude a student from participation in a program
  or grant an advantage to a student on the basis
  of race, color, sex, disability, national origin,
  religion, or family status.

8
Student and family basic rights

• Center for Study and Prevention of Violence
• National School Safety Center
• Parent Rights
• Student Rights
• Teacher Rights http//www.tft.org/legal/speced.cf
  mTeacher GrievancesTSTA http//www.tsta.org/leg
  al/grievance-teachers.shtml

9
Student and personnel records

• FERPA for known as Buckley AmendmentFamily
  Rights to Privacy Acthttp//www.ed.gov/policy/gen
  /guid/fpco/ferpa/students.html?exp0http//www.ed
  .gov/policy/gen/guid/fpco/ferpa/parents.html?exp0
  
• K-12 Classroom Law http//www.edu-cyberpg.com/Te
  achers/Home_Teachers3.html
• Parent Rightshttp//www.tea.state.tx.us/parent_i
  nv/prights.html

10
Special Education Basics

• FOLLOW PROCEDURES
• Implement the IEP to the letter
• Have an IEP, not a GEP
• Modify appropriately
• Proper placement in the LRE
• Dot every i
• Cross every t

11
Special education basics

• IDEA Practices
• http//www.ideapractices.org/resources/index.php
• IDEA Law
• http//www.ideapractices.org/law/briefs/teachers.p
  hp
• Parents RightsInformation on procedural
  safeguards and the rights of parents of students
  with disabilities.
• Due Process HearingsInformation and link to the
  Special Education Due Process Hearing Decisions
  and information about the Special Education
  Hearing Officers.
•  Texas Education Code (the state Law)  
• http//www.tea.state.tx.us/tea/law.html

12
Special Education Continued

• Federal Resource Center for Special Education
  http//www.dssc.org/frc/index.htm
• National Information Center for Children and
  Youth with Disabilitieshttp//www.nichcy.org/
• http//www.ideapractices.org/law/briefs/brief05.ph
  p

13
Student discipline

• Consistency, ConsistencyConsistency, Consistency
• Fair and Impartial
• Know and follow the policy
• Give due process
• Inform student of policy
• Minimal
• Procedural

http//www.mtu.edu/studenthandbook/images/Student-
Handbook-2002-Final.jpg
14
Complaints and grievances

• School Policies
• DGBA Employees
• Follow the steps and procedures
• Meet the time-line Be Precise
• FNG Parents and Students
• Follow steps and procedures
• Meet the time-line Be Precise

http//www.inserviceinc.com/graphics/grievance.jpg
15
Sexual harassment

• Hostile Environment (severe/prevasive)
• Quid-Pro-Quo (exchangeof favors)
• Requirements for Schools
• Report
• Investigate
• http//www.wcwonline.org/harassment/
• http//wgby.org/edu/flirt/agdisq.html
• Harassment-Free Hallways Site Index
• http//www.aauw.org/ef/harass/index.cfm

16
Child abuse reporting

• Your responsibility is to report suspected child
  abuse or child neglect
• having cause to believe physical or mental
  welfare has been or may be adversely affected

17
Teacher contract basics

• Probationary Contract
• Requirement changed this year
• Continuing Contract
• Term Contract

http//www.gospelcom.net/rbc/ds_images/q0804/contr
act.gif
http//www.bbc.co.uk/health/genes/images/contract.
jpg
18
Technology and copyright issues

• Copyright Basics Circular published by U.S.
  Copyright Office
• tu Copyright Basics Crash Coursehttp//www.utsyst
  em.edu/OGC/intellectualproperty/cprtindx.htmtop
• Selected Historic Copyright Decisions
  http//supct.law.cornell.edu/supct/cases/copyrt.ht
  m
• Dr. Marshall Computer and Internet Law
• http//education.tamuk.edu/EDED5322/links.htm
• http//education.tamuk.edu/EDED5322/cases/internet
  /default.htm