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SCHOOL LAW for Teachers

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Title: SCHOOL LAW for Teachers


1
SCHOOL LAW for Teachers
  • Rev. 2012
  • McBride

2
U.S. CONSTITUTION
  • Did not provide for a free public education for
    all children
  • Responsibility for the education of the citizenry
    was the states rights
  • Article 1, Section 8 did provide for the common
    defense and general welfare of the citizenry,
    which has been the basis for establishing a
    universal system of public education.

3
14th AMENDMENT
  • Establishes due process
  • Provides for equal protection for all citizens
  • Equal Protection Clause prohibits schools from
    classifying students on such factors as sex, age,
    intelligence, marital status, parents' residence,
    race, pregnancy, test scores, or wealth of the
    community

4
Sources of Educational Law
  • Statutory Law - written law established by a
    legally constituted and elected federal, state,
    or local body
  • Common Law - system of law in which legal
    principles are derived from usage as expressed
    through the courts and legal opinions, custom,
    and precedent
  • Administrative Law - formal regulations and
    decision of governmental agencies and elected
    officials

5
FEDERAL GOVERNMENT
  • Influences educational policy
  • Funds about 7 of the total amount spent on
    public elementary and secondary schools
  • Law of the Land - overrides any state or local
    statutes, regulations, or practices.

6
STATE GOVERNMENT
  • Provide free public schools for all children
    (F.A.P.E.)
  • Responsible for establishing and funding public
    education
  • Oregons legal framework is the Oregon Revised
    Statutes (ORS)
  • Policies set by Oregons State Board of Education
    are the Oregon Administrative Rules (OAR)
  • http//arcweb.sos.state.or.us/pages/rules/oars_500
    /oar_581/581_tofc.html

7
Key Concepts of Law
  1. Respect - Does the action respect the
    individuals dignity?
  2. Safety - What is the best course to ensure
    everyones safety?
  3. Student Welfare What is good for the student?
  4. Fair Warning - Did the teacher, student, or
    parent know of the rule that was violated?
  5. Due Process. Did the individual have an
    opportunity to hear the charge, tell the other
    side of the story, and appeal to a higher level?

8
Key Concepts of Law
  • 6. Consistency. Is the action consistent with
    what was done for others?
  • 7. Public Relations Test. What is the effect
    of a decision on those not directly involved?
  • 8. Consultation. What do colleagues say is
    the right thing to do?
  • 9. Law and Policy. What laws, rules, and
    policies apply?

9
EQUALITY IN EDUCATION
  • 14th Amendment guarantees equal protection
    under the law to all citizens under federal and
    state law

10
COMPULSORY ATTENDANCE
  • All states have laws to compel students to attend
    school
  • ORS 339.020 states that parents or any "person
    having control of any child between the ages of 7
    and 18 years who has not completed the 12th grade
    is required to send such child to and maintain
    such child in regular attendance at school during
    the entire term."

11
Basis of Pupil Assignment to Schools and Classes
  • Race as a Factor
  • Sex as a Factor
  • Marriage or pregnancy as factors
  • Exceptional status as factor

12
Race as a Factor
  • Plessy v. Ferguson (1886) - Separate but equal
  • Brown v. Board of Education, Topeka, KS (1954)
    Desegregation
  • Plyler v. Doe (1982) - Educational opportunity
    for undocumented students

13
DESEGREGATION
  • Brown v Board of Education (1954)
  • Segregated schools are inherently unequal
  • Despite many subsequent court decisions, schools
    are more segregated today than 20 years ago
  • Court ordered busing, magnet schools, and other
    strategies have failed to overcome defacto
    segregation

14
EDUCATION AND TITLE VI OF THE CIVIL RIGHTS ACT OF
1964
  • Civil Right Act of 1964 Outlawed major forms of
    discrimination against African Americans and
    women, including racial segregation. It ended
    unequal application of voter registration
    requirements and racial segregation in schools,
    at the workplace and by facilities that served
    the general public.
  • Title VI of the Civil Rights Act of 1964 No
    person in the United States shall, on the ground
    of race, color, or national origin, be excluded
    from participation in, be denied the benefits of,
    or be subjected to discrimination under any
    program or activity receiving Federal financial
    assistance.

15
Elementary and Secondary Education Act
(ESEA)_1965 (U. S. Federal Statute)
  • Part of Johnsons War on Poverty
  • Funds primary and secondary education, while
    explicitly forbidding the establishment of a
    national curriculum
  • Emphasizes equal access to education and
    establishes high standards and accountability
  • Aims to shorten the achievement gaps between
    students by providing each child with fair and
    equal opportunities to achieve an exceptional
    education
  • Allows military recruiters access to 11th and
    12th grade students' names, addresses, and
    telephone listings

16
Title VII_1967 Keeping cultural values intact and
pushing students to strive for academic
excellence.
  • Title VII introduced a program for bilingual
    education, followed in 1968 by the Bilingual
    Education Act, mandating all school districts
    provide bilingual ed services
  • Title VII implemented plans to help Indian,
    Native Hawaiian, and Alaskan natives be provided
    opportunities for achieving academic equality
  • Title VII was replaced by Title III, Language
    Instruction for Limited English Proficient and
    Immigrant Students of the No Child Left Behind
    Act of 2001.

17
Undocumented Students
  • Plyler v. Doe (1982), the Supreme Court of the
    United States struck down a Texas statute denying
    educational funding for undocumented students and
    simultaneously struck down a municipal school
    district's attempt to charge illegal immigrants
    an annual 1,000 tuition fee for each
    undocumented student to compensate for the lost
    state funding.

18
Do NOT turn over student records to immigration
officials or other agencies
  • The Family Educational Rights and Privacy Act
    (FERPA) 1974, is a Federal law that protects the
    privacy of student education records. The law
    applies to all schools that receive funds under
    an applicable program of the U.S. Department of
    Education.

19
Controversy in Higher Ed
  • Some states deny eligibility for in-state tuition
    and scholarships, and other states even bar
    enrollment at public colleges and universities to
    illegal immigrants. What do you think should
    happen?

20
Sex as a Factor
  • Title IX - Educational Amendments
  • Act (1972)
  • Prohibits sexual discrimination in public and
    private educational institutions receiving
    federal aid
  • Includes sports, single sex classes, access to
    classes, enrollment

21
Pregnancy as a Factor
  • Pregnancy Discrimination Act of 1978
  • Public Law 95-555
  • Amends the Civil Rights Act of 1964 to prohibit
    exclusion from or discrimination against women
    because of pregnancy, childbirth or related
    medical conditions.

22
United States v. Virginia _1996
  • The U.S. Supreme Court struck down the Virginia
    Military Institutes long-standing male-only
    admission policy in a 7-1 decision.
  • Creation of a female-only academy was not
    considered an equal option.

23
Exceptional Status
  • English Language Learners
  • Special Education

24
English Language Learners
  • Lau v. Nichols (1974)
  • Based on Title VI of 1964 Civil Rights Act which
    prohibits discrimination on basis of race or
    national origin
  • Schools districts must rectify language
    deficiency of students with limited English
    proficiency. Sink or swim policy is not OK
  • Court did not dictate a specific program

25
Free appropriate public education (F.A.P.E.)
  • Free appropriate public education guaranteed by
    the Education for All Handicapped Children Act of
    1975
  • States must develop policies that insure FAPE to
    all children with disabilities in order to
    receive federal funds
  • Replaced by IDEA (Individuals with Disabilties
    Act)

26
Board of Education v. Rowley_1982  Clarifying
F.A.P.E.
  • U.S. District Court ruled in favor of Rowley,
    believing the disparity between Rowleys
    achievement and her potential led to the decision
    that Amy Rowley was not receiving a free
    appropriate public education
  • The court defined FAPE as the opportunity to
    achieve her full potential commensurate with the
    opportunity provided to other children.
  • According to the District Court, such a standard
    requires that the potential of the handicapped
    child be measured and compared to his or her
    performance, and that the remaining differential
    or shortfall be compared to the shortfall
    experienced by children without handicapping
    conditions.

27
Americans with Disabilities Act (ADA)_ 1990
  • Prohibits employment and housing discrimination
  • Promotes structural accessibility requirements
  • Makes available telecommunications devices and
    services for people with hearing and speech
    impairments

28
SPECIAL EDUCATION
  • Rehabilitation Act of 1973
  • Public Law 93-112. Section 504
  • No one otherwise qualified handicapped
    individual shall solely by reason of the
    handicap, be excluded from any participation in,
    denied benefits of, or be subject to
    discrimination under any program receiving
    Federal assistance.

29
SPECIAL EDUCATION
  • Education for all Handicapped
  • Children Act (1975)
  • Public Law 94-142
  • All children with disabilities to be provided
    access to free education
  • Schools must provide least restrictive
    environment
  • Each child with disabilities guaranteed an
    Individual Education Plan (IEP)

30
SPECIAL EDUCATION
  • Individuals with Disabilities Education
  • Act (IDEA) (1990)
  • Public Law 101- 476
  • Further defined the rights of individuals with
    disabilities in public school settings
  • Reauthorized in 1997 with added parental rights
  • Reauthorized in 2004 with attention to the IEP
    process, due process and discipline provisions

31
Accommodating Disabilities
  • Rehabilitation Act (1973) Section 504
  • Prohibits discrimination against individuals on
    basis of a disability
  • Appropriate accommodations must be made rather
    than exclusion or segregation (e.g. students with
    AIDS)

32
FREEDOM OF EXPRESSION
  • First Amendment guarantees freedom of expression
    (speech, press, assembly)
  • AND
  • The term in loco parentis, Latin for "in the
    place of a parent refers to the legal
    responsibility of a person or organization to
    take on some of the functions and
    responsibilities of a parent.
  • In loco parentis allows schools to act in the
    best interests of the students as they see fit,
    although not allowing what would be considered
    violations of the students civil liberties.

33
RIGHTS of STUDENTS
  • Tinker v. Des Moines Independent School District
    (1969)
  • Wearing of black armbands
  • School officials may not censure student
    expression unless it causes a substantial
    disruption.
  • Students do not shed their constitutional rights
    at the schoolhouse door.

34
RIGHTS of STUDENTS
  • Assembly
  • Legal when activities are peaceful, do not
    violate schools rules nor result in property
    damage
  • Speech
  • Rights when attached to school activities can be
    limited

35
Restrictions on Speech
  • Bethel School District v. Fraser (1986)
  • Schools can punish students for using
    offensively lewd and indecent
    speech in the classroom, assemblies, and
    other school sponsored activities

36
Censorship
  • Hazelwood School District v. Kuhlmeier (1988)
  • Student newspaper is not a public forum
  • School officials may regulate contents of
    school-sponsored publications in a reasonable
    manner
  • Courts are less inclined to regulate non-school
    sponsored publications

37
Saluting the Flag
  • West Virginia Board
  • of Education v
  • Barnette (1943)
  • Public schools may not force students to salute
    the flag

38
Student Dress
  • Regulated by local districts and state courts
  • Restrictions on dress and appearance
  • Might create a health or safety problem
  • Does not meet community standards
  • Disruptive
  • Identified with gang involvement

39
Student Conduct Safety
  • Schools must provide a safe environment for
    students
  • Serious consequences for threats of violence to
    others or property
  • 14th Amendment requires due process of law

40
Student Conduct
  • OREGON LAW ORS 339.250
  • Requires students to comply with rules
  • Provides for schools to administer suspension,
    expulsion, removal, counseling, and issue written
    information about alternative programs
  • Use reasonable physical force to maintain order

41
STUDENT DUE PROCESS
  • Goss v. Lopez (1975)
  • Due process guidelines for suspension
  • Students must know in advance the rules of
    behavior and disciplinary actions for violating
    the rules
  • Students must receive immediate and informed
    notice of an infraction and an opportunity to
    present their side of the story
  • Students have the right to appeal the decision

42
Disruptive Students in Special Education
  • Honig v Doe (1988)
  • Exclusion for more than 10 consecutive days is
    change in students placement, which requires
    agreement between school students parents or a
    court order
  • IDEA (1997)
  • SPED students receive same treatment as those
    without disabilities unless exclusion is more
    than 10 days.

43
Corporal Punishment
  • Ingraham v. Wright (1977)
  • Student can sue if corporal punishment is
    excessive violates 14th Amendment
  • ORS 339.250
  • Reasonable physical force can be used to maintain
    order
  • Corporal punishment is prohibited

44
Search and Seizure
  • 4th Amendment
  • Protects against unlawful or unreasonable
    searches
  • New Jersey v T.L.O (1985)
  • School officials must have reasonable suspicion
    and consider objective of search, age, gender of
    student and nature of infraction
  • Law enforcement must have warrant

45
DRUG TESTING
  • Vernonia School District v Acton (1995)
  • Random drug testing of athletes is constitutional
  • Board of Education of Pottawatomi County School
    District v. Earls (2001)
  • Random drug testing for any competitive
    extracurricular activity is constitutional

46
Sexual Harassment
  • Civil Rights Act of 1964 (Title VII)
  • Prohibits discrimination because of sex
  • Includes sexual harassment by school official
    against student (1992 case)
  • Punitive damages awarded for assault based on
    sexual orientation (1996 case)
  • District may be liable for student to student
    sexual harassment (1999 case)

47
Federal Hate Crimes Law
  • On Oct. 28, 2009, the Matthew Shepard and James
    Byrd legislation expanded the legal definition of
    hate crime to include attacks based on sexual
    orientation.
  • A hate crime occurs when the perpetrator selects
    the victim because of the persons actual or
    perceived race, color, religion, national origin,
    gender, sexual orientation, gender identity or
    disability.

48
Oregon Equality Act (SB2)
  • Effective January 1, 2008
  • Expands categories protected to include race,
    color, religion, sex, sexual orientation,
    national origin, marital status, age or
    disability

49
Oregon Safe Schools Act House Bill 2599,_2009
  • Defines bullying, intimidation, harassment and
    cyber-bullying as any act that
  • Substantially interferes with a students
    educational benefits, opportunities or
    performance
  • Takes place on or immediately adjacent to school
    grounds, at any school-sponsored activity, on
    school-provided transportation or at any official
    school bus stop
  • Has the effect of physically harming a student or
    damaging a students property or knowingly
    placing a student in reasonable fear of physical
    harm to the student or damage to the students
    property or creating a hostile educational
    environment, including interfering with the
    psychological well-being of a student and

50
Oregon Safe Schools Act House Bill 2599,_2009
continued
  • May be based on, but not limited to, the
    protected class status of a person. Protected
    class means a group of persons distinguished, or
    perceived to be distinguished, by race, color,
    religion, sex, sexual orientation (including real
    or perceived gender identity), national origin,
    marital status, familial status, disability or
    source of income.

51
STUDENT RECORDS
  • Family Educational Rights and Privacy Act Public
    Law 93-380
  • Protects the confidentiality and fundamental
    fairness with respect to the maintenance and use
    of student educational records
  • Rights of Parents
  • Directory Information
  • Disclosure and Exceptions
  • Confidentiality of Student Records (IEP)
  • Confidentiality between students and staff
  • Video and Student Privacy Issues

52
Oregon Mandatory Reporting Requirements
Regarding Children
  • Standard of Knowledge Reasonable cause to
    believe any child has suffered abuse, or believe
    a person has abused a child
  • Definition of Victim Child is unmarried person
    under 18. Abuse means physical injury by
    non-accidental means mental injury sexual
    assault abuse or exploitation neglect
    threatened harm to a child buying or selling a
    person or exposure to illegal substances.
  • Make reports to Local office of Department of
    Human Services http//www.oregon.gov/DHS/abuse/m
    ain.shtml or law enforcement agency

53
RELIGION in US EDUCATION
  • 1st Amendments free exercise and
    establishment clauses require schools to take a
    neutral position regarding religious issues

54
Prayer at School Events
  • GRADUATION
  • Lee v Weisman (1992)
  • Prayers organized by school officials at
    graduation exercises were unconstitutional
  • SPORTS
  • Santa Fe School District v Doe (2000)
  • Student led prayers at football games were
    unconstitutional
  • ORS 327.109
  • Prohibits prayer at school-sponsored events

55
Religious Music Displays
  • Lemon v. Kurtzman (1971)
  • Established three part test for whether policy
    violates 1st amendment establishment clause
  • Must have a secular purpose
  • Must neither advance nor inhibit religion
  • Must not create excessive entanglement between
    religion and school

56
Use of School Facilities for Religious Purposes
  • Mergens v. Board of Education of the
  • Westside Community Schools (1990)
  • Schools can not deny access to students to meet
    engage in religious speech during
    non-instructional time
  • ORS 332.172
  • School buildings can be used for civic and
    recreational purposes "giving equal rights and
    privileges to all religious denominations and
    political parties."

57
Teachers Freedom of Speech
  • 1st Amendment affords teachers the rights to
    freedom of expression
  • Free speech is limited to the requirement that
    such speech does not create material disruption
    to the educational interest of the school
    district
  • Full 1st Amendment rights outside the school
    environment

58
Balancing religious liberty for teachers with
students' rights to a religious-neutral
schoolhouse in Oregon
  • Gov. Ted Kulongoski signed HB 3686 on April 1,
    2010, which ends Oregon's ban on teachers wearing
    head scarves (hijab) and other religious attire,
    to take effect after 2010-2011 school year.
  • The model school district policy (on my wiki)
    states Religious clothing means religious
    dress worn in accordance with the employees
    sincerely held religious beliefs, including, but
    not limited to head coverings, jewelry, emblems,
    and other types of religious dress.
  • Districts are obliged to provide an educational
    environment welcoming to all faiths and those of
    no faith while maintaining the religious
    neutrality of the educational environment.
    District employees must refrain from endorsing or
    proselytizing their religious views.

59
Childers v. Morgan County Board of Education_ 1987
  • The Morgan County Board of Education (Board of
    Education) had a policy that required its bus
    drivers to retire at age 65.
  • Childers brought suit challenging this mandatory
    retirement policy as violative of the Age
    Discrimination in Employment Act of 1967 (ADEA)
    and won, due to the fact that suitability for
    driving could be verified via physical and eye
    exams.

60
School Libraries
  • Island Tree School District 26 v. Pico
  • School boards may not order removal of books from
    school library based on dislike of books
  • Removal must be based on rational educational
    grounds and review policy

61
Works Cited
  • Johnson, D. (2002). School Law A Primer.
    Leadership 2000. Portland State University.
  • National Association of Secondary School
    Administrators A Legal Memorandum (1996). School
    Law Friend or Foe? National Association of
    Secondary School Administrators Reston, VA.
  • New York Times. (2007, June). Supreme Court Cases
    and Decisions Affirmative Action. Retrieved July
    10, 2007 from http//www.nytimes.com/ref/washingto
    n/scotuscases_AFFIRMATIVEACTION.html
  • Thieman, G. (2002). Landmark Supreme Court
    Decisions Affecting US Education. Power Point
    presentation. Portland State University.

62
Beyond the Law Ethical Codes
  • Code of Ethics for Educators4 basic principles
    http//aaeteachers.org/index.php/about-us/aae-cod
    e-of-ethics
  • The Ethical Educator Professional
    PracticesOregon TSPC http//www.tspc.state.or.
    us/pub.asp?op0id6

63
Sample Test Items
  • http//www.orela.nesinc.com/TestView.aspx?fHTML_F
    RAG/OR008_PrepMaterials.html
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