Emerging Legal Issues Emerging Legal Issues in School Law: What All in School Law: What All Teachers Need to KnowTeachers Need to Know

Suzanne EckesSuzanne Eckes

Indiana UniversityIndiana University

AgendaAgenda

Quick Overview of SessionQuick Overview of Session Overview of Important Legal Overview of Important Legal

QuestionsQuestions Application to Real World ExamplesApplication to Real World Examples Ethics and the LawEthics and the Law Closing ThoughtsClosing Thoughts

Legal IssuesLegal Issues

The Harvard Educational Review The Harvard Educational Review revealed that the vast majority of revealed that the vast majority of teachers have taken no course in teachers have taken no course in school law in their pre- or inservice school law in their pre- or inservice programs. The survey also indicated programs. The survey also indicated that most teachers were uninformed that most teachers were uninformed or misinformed about the rights of or misinformed about the rights of students and teachers (Schimmel & students and teachers (Schimmel & Militello, 2007).Militello, 2007).

MotivatorMotivator

Brainstorm in groups and try to Brainstorm in groups and try to respond to the three scenarios at respond to the three scenarios at your table.your table.

Key TopicsKey Topics1.1. Harassment and BullyingHarassment and Bullying

2.2. Special Education LawSpecial Education Law

3.3. Student DisciplineStudent Discipline

4.4. Student ExpressionStudent Expression

5.5. Teacher ExpressionTeacher Expression

6.6. Negligence in the ClassroomNegligence in the Classroom

7.7. Church and School EntanglementChurch and School Entanglement

8.8. Instructional IssuesInstructional Issues

9.9. Teacher LifestyleTeacher Lifestyle

10.10. Teacher DismissalTeacher Dismissal

Student SearchesStudent Searches

What are the legal and ethical issues What are the legal and ethical issues involved in searching students? How involved in searching students? How does the Fourth Amendment apply?does the Fourth Amendment apply?

ScenarioScenario

A student tells principal Kal Koncern A student tells principal Kal Koncern that Sharon Shy gave her marijuana. that Sharon Shy gave her marijuana. Kal tells the school nurse to search. Kal tells the school nurse to search. Finding no drugs in Sharon’s Finding no drugs in Sharon’s backpack, the nurse has Sharon take backpack, the nurse has Sharon take off her clothes and pull out her bra off her clothes and pull out her bra and underwear. Are there any legal and underwear. Are there any legal and ethical concerns? (Schimmel, and ethical concerns? (Schimmel, Eckes, & Militello, 2010).Eckes, & Militello, 2010).

Search and Seizure ClipSearch and Seizure Clip

Teacher SearchesTeacher Searches

Is it permissible to search teachers’ Is it permissible to search teachers’ email accounts? email accounts?

What about legal/ethical issues with What about legal/ethical issues with drug testing teachers?drug testing teachers?

HarassmentHarassment

Under Under Davis v. Monroe Davis v. Monroe (1999), school districts can be (1999), school districts can be held liable for peer sexual held liable for peer sexual harassment.harassment.

What do teachers need to What do teachers need to know?know?

Real World Examples: Why is Real World Examples: Why is this topic relevant to teachers?this topic relevant to teachers?

Listen to the following podcast from Listen to the following podcast from National Public Radio. It was National Public Radio. It was featured on March 25, 2010.featured on March 25, 2010.

In March 2010 a federal district In March 2010 a federal district court in Michigan awarded a student court in Michigan awarded a student $800,000 because school officials $800,000 because school officials failed to appropriately respond to failed to appropriately respond to known acts of harassment.known acts of harassment.

The Research: Harassment in SchoolsThe Research: Harassment in Schools

Studies have indicated that as many Studies have indicated that as many as 80% of students experience some as 80% of students experience some form of harassment in public schools form of harassment in public schools (American Association of University (American Association of University Women, 2001).Women, 2001).

Harassment against students with Harassment against students with disabilities and GLBT students in disabilities and GLBT students in public schools is even more prevalent public schools is even more prevalent (Eckes, 2006). (Eckes, 2006).

Ethical Issues with Bullying?Ethical Issues with Bullying?

QuoteQuote

““Far from childish pranks, sexual Far from childish pranks, sexual harassment in the school setting harassment in the school setting consists of serious misconduct that consists of serious misconduct that can have a devastating effect on can have a devastating effect on students at the receiving end.” students at the receiving end.”

~Verna L. Williams (Represented the ~Verna L. Williams (Represented the petitioner in petitioner in Davis v. Monroe County Davis v. Monroe County Board of EducationBoard of Education))

Teacher SpeechTeacher Speech

The First Amendment restricts The First Amendment restricts teachers’ speech rights when teachers’ speech rights when they are are speaking pursuant they are are speaking pursuant to their job responsibilities. to their job responsibilities. What does this mean for YOU?What does this mean for YOU?

Video Clip Related to SpeechVideo Clip Related to Speech

Video Clip: Teacher SpeechVideo Clip: Teacher Speech

ScenarioScenario

A teacher frequently complained to her A teacher frequently complained to her principal and board members that the principal and board members that the school district was not providing the school district was not providing the necessary resources to her gifted and necessary resources to her gifted and talented students. She also noted that talented students. She also noted that the district’s white students were the district’s white students were disproportionately represented in the disproportionately represented in the program. The principal removed her program. The principal removed her from the G&T program. What are the from the G&T program. What are the legal considerations?legal considerations?

ReligionReligion

Must teachers permit students to Must teachers permit students to pray during the school day?pray during the school day?

http://seattletimes.nwsource.com/html/education/2003062394_prayer15m.html Can a teacher wear hijab in the Can a teacher wear hijab in the

classroom?classroom? May religious clubs meet after May religious clubs meet after

school?school?

Student SpeechStudent Speech

Do students shed their constitutional Do students shed their constitutional rights at the school house gate?rights at the school house gate?

-Current developments.-Current developments.

Student SpeechStudent Speech

Teacher I. M. Caring prohibited two Teacher I. M. Caring prohibited two student T-shirts that were designed student T-shirts that were designed to protest the high school’s to protest the high school’s Tolerance Day. One shirt read, “Be Tolerance Day. One shirt read, “Be Happy, Be Straight”; the other read, Happy, Be Straight”; the other read, “Homosexuals are Sinful and “Homosexuals are Sinful and Shameful.” What are our legal and Shameful.” What are our legal and ethical considerations?ethical considerations?

Be Happy, Not GayBe Happy, Not Gay

Homosexuality is ShamefulHomosexuality is Shameful

Teacher ConductTeacher Conduct

* * May school officials control May school officials control teachers’ out of school conduct?teachers’ out of school conduct?

-A chemistry teacher appeared in -A chemistry teacher appeared in pornographic movies ten years pornographic movies ten years before she began teaching. The before she began teaching. The law permitted the nonrenewal of law permitted the nonrenewal of her contract. What are the ethical her contract. What are the ethical questions involved? questions involved?

Out of School Conduct ClipOut of School Conduct Clip

Other IssuesOther Issues

Special EducationSpecial Education FERPAFERPA DisciplineDiscipline NegligenceNegligence Instructional IssuesInstructional Issues Teacher DismissalTeacher Dismissal

ClosingClosing

In groups of four respond to the exit In groups of four respond to the exit questions provided at your table.questions provided at your table.

Be sure to take handout containing Be sure to take handout containing my contact information and case my contact information and case summaries.summaries.

ReferencesReferences

See handout for all references See handout for all references included in this powerpoint. included in this powerpoint.