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INTRODUCTION
Legal Considerations and Education (Part
2)
- The legal foundation of the US is the US
Constitution, and a pivotal part of the Constitution is the Bill of
Rights.
Legal provisions for education:
the US Constitution
- 10th Amendment: The US Constitution does
not specifically provide for public education; however, the 10th
Amendment has been interpreted as granting this power to the states. "The
powers not delegated to the US by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to the people." Therefore,
education is legally the responsibility and the function of each of the
states.
- 1st Amendment: ensures freedom of
speech, of religion, and of the press, as well as the right to
petition.
- 14th Amendment: protects specified
privileges of citizens. See page 230 for citation.
Church and State
- Our nation has a strong religious
heritage.
- In colonial times, education was primarily a
religious matter.
- Court cases related to the separation of church and
state can be classified in three categories: (1) those dealing with the use of
public funds to support religious education, (2) those dealing with the
practice of religion in public schools, and (3) those dealing with the rights
of parents to provide private education for their children.
- Public funds have been used to provide
transportation for students to church schools and to provide textbooks for
students in parochial schools.
- The Lemon Test: excessive entanglement. The court
posed three questions that have since become known as the Lemon Test: (1) Does
the act have a secular purpose? (2) Does the primary effect of the act either
advance or inhibit religion? (3) Does the act excessively entangle government
and religion?
- Child Benefit Theory: supports the provision of
benefits to children in nonpublic schools with no benefits to the schools or to
a religion.
Segregation and
Desegregation
- Segregation: history of legal and social separation
of people based on their race.
- De jure segregation: the segregation of students on
the basis of law, school policy, or a practice designed to accomplish such
separation.
- De facto segregation: the segregation of students
resulting from circumstances such as housing patterns rather than from law or
school policy.
Equal Opportunity
- The Equal Protection Clause of the 14th
Amendment has been instrumental in shaping m any court cases and federal
statutes that re directed toward preventing discrimination in
schools.
- Affirmative action: policies and procedures
designed to compensate for past discriminations against women and members of
minority groups; for example, different or preferential hiring and admission
practices.
- Opportunities for students with disabilities,
Section 504 and Public Law 94-142 .
Teacher's Rights and
Responsibilities
- Teachers have the same rights as other citizens.
The 14th amendment gives every citizen the right to due process of
law. Teachers also have the same responsibilities. See table 7.4 on page
245.
Conditions of
Employment
- Teacher certification and licensure: the primary
purpose is to make sure there are qualified and competent teachers in the
public schools.
- Teacher employment contracts: usually, boards of
education have the statutory authority to employ teachers. A contract usually
contains the following: id of teacher and school, a definition of assignment,
statement of salary.
- Right to Bargain collectively: the right of
teachers to bargain collectively ahs been an active issues since the 1960's.
Teachers' groups have defined collective bargaining as a way of winning
improved goals.
- Right to strike: judges have generally held that
public employees do not have the right to strike.
Teacher Tenure
- Teacher tenure legislation exists in most states.
Tenure laws are intended to provide security for teachers in their positions
and to prevent removal of capable teachers by capricious action or political
motive.
- A teacher becomes tenured by serving satisfactorily
for a stated time. Here is an excellent summary site
http://www.psparents.net/Teacher%20Tenure.htm
Academic
Freedom
- Academic freedom: freedom to control what one will
teach and to teach the truth as one discovers it, without fear of
penalty.
- Federal courts generally have not recognized
academic freedom for elementary and secondary school teachers.
http://www.aaup.org/statements/Redbook/1940stat.htm
Liability for
negligence
- Negligence is a failure to exercise or practice due
care. It includes a factor of foreseeability of harm.
- Liability is the responsibility for
negligence--responsibility for the failure to use reasonable care when such
failure results in injury to another.
http://cecp.air.org/interact/authoronline/february99/1.htm
Student's Rights and
Responsibilities
- Before 1969, school authorities clearly had the
final say as long as what they decided was seen as
reasonable.
- In 1975, the Court decided that the principle of
due process applied to students. Se table 7.5 on page 256.
- Homeless children have the right to go to
school.
Students' Rights and
responsibilities in school
- The right of children to attend school also depends
on their compliance with the rules and regulations of the
school.
- Dress codes: a general principle seems to be that
if the dress and grooming do not incite or cause disruptive behavior or pose a
health or safety problem the court ruling is likely to support the
student.
- Sex discrimination: TitleIX--"No person in the US
shall, on the basis of sex, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any education program or
activity receiving federal financial assistance."
- Child abuse and neglect: need to report. http://www.smith-lawfirm.com/mandatory_reporting.htm
Student Speech and Expression
Search and Seizure
From your textbook and Internet
reading about School Law issues, how would you summarize the issues around the
Search and Seizure laws and policies for students..
Place your answer in the WebCT Discussion forum.
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