Week 7 - School, Law and Ethics

Southern Poverty Law Center

 School Law and Ethics

Readings:  Chapter 10, Teachers, Schools and Society, eighth edition pp. 381 - 417. 

Focus Questions:

1.     What legal rights and responsibilities do you have as a teacher?

2.     What legal rights and responsibilities do students have?

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Much amazed at the growth in legal responsibilities teachers much shoulder in the classroom today.  Not much recall of the rights and responsibilities of teachers being addressed as much when I went through a teacher education program.  Only after working on a principal certification did the education program at my alma mater include a course on school law and ethics.  It was in this course that we had a full discussion and responsibility to know the law as it pertains to school issues, as well as the state's education code.  In today's world  it has become important for teachers to at least be familiar with scenarios that play out in schools every day that involve legal decisions.  It is much easier to circumvent situations that could bring you face to face with courtroom proceedings if you are aware of the consequences of such. 

The text does an excellent job of painting eighteen scenarios invoking teacher vs. student rights.  As noted in the text, Title IX (1972) and Title VII (1964) are federal laws that prohibit many illegal practices as proposed in the situations below.  There are state laws in place that direct the legalities of these situations as well.  Important cases (links for those are provided in the situations below as well as summaries are on pages 404- 405)) have set precedents, making it even more easier for teachers to head off such situations in advance. 

In my own experiences in schools, I have first hand knowledge of teachers who have suffered from similar situations.  For example, two male colleagues were faced with court cases involving accusations from female students in a private high school.  One of the teachers was 'let go' by the school until his case was heard as it involved a rape charge; he maintained his innocence throughout.  His case was heard and he was exonerated, but he was devastated from the entire situation.  He does teach school again in a public high school.  The other teacher was implicated by not reporting his knowledge of an abusive home situation:  a female student confided in him that she was being raped by her father:  what should she do?  He should have shared this information with the administration, as well as call Child Protective Services, but did not.  When this case went to court, he had to go as well.  He eventually left the school, but does teach in another private school last I heard. 

Because we now live in a litigious society with people subject to lawsuits for numerous reasons, it is worth the time to read each of these situations in the text as they do represent classic opportunities for court cases.

Teacher Rights and Responsibilities

      1.  Situation 1 - Applying for a position

      2.  Situation 2 - Sexual harassment

      3.  Situation 3 - Personal lifestyle [ Thompson v. Southwest School District ]

      4.  Situation 4 - Teachers' academic freedom [ Pickering v. Board of Education]

      5.  Situation 5 - Legal liability (negligence)

      6.  Situation 6 - Teacher's freedom of speech

      7.  Situation 7 - Copying published material [ Copyright Act ]

      8.  Situation 8 - Labor rights

      9.  Situation 9 - Sex-segregated classes

Student Rights and Responsibilities

     10.  Situation 10 - Student Records  [ Buckley Amendment  - FERPA ]

     11.  Situation 11 - Distribution of scholarships

     12.  Situation 12 - Suspension and discipline [ Ingraham v. Wright ]

     13.  Situation 13 - Freedom of speech [ Tinker v. Des Moines Independent Community School District ]

     14.  Situation 14 - School Prayer

     15.  Situation 15 - Search and Seizure

     16.  Situation 16 - Freedom of the Press [ Hazelwood School District v. Kuhlmeir ]

     17.  Situation 17 - HIV-infected students

     18. Situation 18 - Sexual harassment [ Franklin v. Gwinnett ]

Sexual harassment cases are especially on the rise.  Bullying issues have increased as well, with teachers caught up in the middle.  Know your rights as well as students, but do not let this information get in the way of being a caring, empathetic educator.  Begin to think about each of these scenarios.  How you would respond in each situation? Is your response goign to be a conflictive one?   If so, it is not too soon to seek out other successful teachers and ask how they are handling these issues, taking note and drawing up a responsive plan of your own. 

To be forewarned is to forearmed.
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Alternative Readings/Websites:
1.    Title VII of the Civil Rights Act - http://www.eeoc.gov/policy/vii.html 
2.  Title IX of the Education Amendments - http://www.dol.gov/oasam/regs/statutes/titleix.htm
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