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School law powerpoint[1](1)

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School Law PowerPoint created by pre-service education students. Great refresher for teacher in-service days!

School Law PowerPoint created by pre-service education students. Great refresher for teacher in-service days!

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School law powerpoint[1](1) School law powerpoint[1](1) Presentation Transcript

  • Char CrustaKristyn KirschenmanJustin Lien
  •  Teachers are liable for a lot http://www.youtube.com/watch?v=cUSb8_ox 9cY&feature=related Mostly responsible for students
  •  Teachers are liable for student injury if the student can prove four things 1: If the teacher had a duty to prevent injury 2: The teacher failed to use due care 3: The teacher’s carelessness lead to the injury 4: The student sustained provable damages
  •  A teacher brings her class of 20 girls near boys playing baseball She tells them to sit nearby and leaves Boy students begin throwing rocks at the girls Margaret Sheehan is hit in the eye and injured
  •  The parents sued the school, claiming that it was the teacher’s duty to watch the children. The court ruled in favor of the parents, saying the teacher should have been out there to protect the children and if she had been there the incident would not have happened.
  •  Do you think that teachers should be required to monitor their children at all times?
  •  Roberto Mancha and his class go on a field trip to a museum Teachers loosely supervise students in the museum Several children not associated with the school assaulted Roberto
  •  Roberto’s parents sued the school, claiming that the teachers were negligent in supervising the children. Court ruled in favor of the school, stating that there was no way the teachers could predict an assault at a museum.
  •  If a student’s negligent acts result in them injuring themselves. Children under the age of 7 cannot have contributory negligence, they are considered not intelligent or mature enough. Children between the ages of 7 and 14 are “iffy”.
  •  Children older than 14 can have contributory negligence. 17-year-old Jodeen Miles being unsafe around machinery. Teacher was covered for giving a safety test and demonstrating safe behaviors.
  •  “…compare[s] the relative negligence of the plaintiff and the defendant in causing the injury and to make an appropriate damage award.” Who’s fault was it? 9-year-old who jumped from merry-go-round
  •  The right of teachers to speak freely about their subjects, to experiment with new ideas, and to select appropriate teaching materials.
  •  Marvin Pickering is a teacher in Illinois. He writes an article in a newspaper denouncing the use of tax funds by the school board The school board fights back Pickering claims that he has the right to free speech, when he loses in the local court He appeals to the Supreme Court
  •  The US Supreme Court sided with Pickering. Justice Thurgood Marshal said the problem of the case is “to arrive at a balance between the interests of the teacher, as citizen, in commenting upon matters of public concern…”
  •  Discussions in a high school social studies class become heated over students’ opinions of the Vietnam War Students outside the classroom begin to wear black armbands to symbolize their opinions of the war The school banned armbands in the school
  •  The students complained that their First Amendment rights were broken and that they should have the right to wear these armbands. Local courts sided with the school The students appealed to the Supreme Court where it was decided that the armbands were a form of expression and could not be banned.
  •  Boring V. Buncombe County: Award winning English teacher Margaret Boring had good reviews before her staging of the play Independence. Parents dislike the content of the play, even though the principal allowed play with deleted scenes. Boring gets bad reviews, then transferred, goes to court. Majority finds that this is an employee/employer dispute. Minority writes that it is inappropriate to use Kirkland v. as Boring obeyed superiors.
  •  Decided 2006 Judge Jeffrey Sutton writes: “When a teacher teaches, the school system does not regulate that speech so much as hires that speech. Expression is a teacher’s stock in trade, the commodity she sells to her employer in exchange for a salary. And if it is the school board that hires that speech, it can surely regulate the content of what is or is not expressed, what is expressed in other words on its behalf.”
  •  Recent court decisions mean that we must choose curriculum that is within the ‘good taste’ of the community we teach. Think Oklahoma! Always run stuff past your principal, submit your lesson plans on time and completely!
  •  Amish desire to cease the education requirement after 8th grade. Court decides for Amish in that: “the Amish way of life is a (viable) ‘alternative to formal secondary education’ and has enabled them to exist successfully and independently for 200 years. The writing of the Yoder judgment has been used to dismiss cases brought by fly-by-night religions.
  •  This 1971 case, Lemon v. Kurtzman, is where the Supreme Court came up with this test to clarify First Amendment cases involving the “establishment clause”. What is that?! “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The Lemon movie explains the three parts of the test….
  •  Does the policy or practice have a secular purpose? Is the primary effect of the policy or practice one that neither advances nor inhibits religion? Does the policy or practice avoid an excessive entanglement with religion?
  •  In 1943 the Supreme Court decides West Virginia v. Barnette which allows exemptions for those who wish not to be forced to say, or punished for not saying, The Pledge of Allegiance at the start of school day.
  •  School prayer cannot be called such, semantics are key. Massachusetts rewrote its law to read: “…a period of silence not to exceed one minute in duration shall be observed for personal thoughts, and during such period, silence shall be maintained and no other activity engaged in.”
  •  To protect yourself, remember: CYAP Cover Your A** with Paper
  •  As teachers, we will not be having an official class on CYA. We will be acquiring a small amount of this wisdom during student teaching. However, during new teacher orientation, in most districts, all the laws we come under as teachers are touched upon. Blas Telleria of BSD-HR would like to see liability issues addressed more specifically during student teaching. He said that the biggest issues today at BSD are educators acting unprofessionally in social network arenas.
  •  Document threats made to students, before you find yourself documenting disruptive behaviors that endanger students/staff. If documenting threats is going above and beyond what your school requires it is beneficial in that it creates a comfortable atmosphere where students feel it is okay to come forward, even if they are no longer your students. Triplicate forms at office supply stores: white-- yours, yellow—principal, pink—parent.
  •  Litigation takes years if you find yourself appealing a negative decision through all the court layers. It takes ridiculous amounts of money.
  •  The union, if you choose to join it, provides an attorney if you find yourself before the school board at a “non-renewal hearing.” (note: Idaho is a Right to Work State, so you will not be forced to join a union as a condition of hire-- yet non-members are covered under the same contract) Then you end up at the county court house next, and the union may help with your attorney fees if it is a case they feel they can win.
  •  If still unfavorable it goes up to the third floor (or some such) where the District Court is. Then, if there is a issue of state constitutionality, State Supreme Court. Then, if there is an issue of federal constitutionality, U.S. Supreme Court. With a cost of $10,00o-50,000 a year, an average of 5-8 years just to approach the highest court-- and then they may decide not to hear it!
  •  Just remember what Dr. Kelly says: “Just don’t do stupid, and don’t be stupid.”