School Law for Teachers William Allan Kritsonis, PhD

78 th Legislature Update Teacher Appraisal Textbooks Sexual Misconduct with Certain Students Probationary Contract Status Health Insurance

Teacher Appraisal

Textbooks

Sexual Misconduct with Certain Students

Probationary Contract Status

Health Insurance

Sovereign immunity and liability Teachers are immune from tort liability except in cases of negligence. HOW OR FOR WHAT REASONS CAN WE BE HELD LIABLE FOR NEGILGENCE?

Teachers are immune from tort liability except in cases of negligence.

HOW OR FOR WHAT REASONS CAN WE BE HELD LIABLE FOR NEGILGENCE?

Professional code of ethics State Board of Educator Certification (SBEC) The educator shall not knowingly deceptive practices regarding official policies misappropriate, divert, or use monies, personnel, property, or equipment submit fraudulent requests for reimbursement, expenses, or pay.

State Board of Educator Certification (SBEC)

The educator shall not knowingly

deceptive practices regarding official policies

misappropriate, divert, or use monies, personnel, property, or equipment

submit fraudulent requests for reimbursement, expenses, or pay.

Code of Ethics continued use institutional or professional privileges for personal or partisan advantage accept nor offer gratuities, gifts, or favors that impair professional judgment not falsify records, or direct or coerce others to do so. not interfere with a colleague's exercise of political, professional, or citizenship rights

use institutional or professional privileges for personal or partisan advantage

accept nor offer gratuities, gifts, or favors that impair professional judgment

not falsify records, or direct or coerce others to do so.

not interfere with a colleague's exercise of political, professional, or citizenship rights

Code of Ethics continued not harm others by knowingly making false statements about a colleague or the school not reveal confidential health or personnel information concerning colleagues not reveal confidential information concerning students furnish alcohol or illegal/unauthorized drugs to any student or knowingly allow any student to consume alcohol or illegal/unauthorized drugs in the presence of the educator.

not harm others by knowingly making false statements about a colleague or the school

not reveal confidential health or personnel information concerning colleagues

not reveal confidential information concerning students

furnish alcohol or illegal/unauthorized drugs to any student or knowingly allow any student to consume alcohol or illegal/unauthorized drugs in the presence of the educator.

Code of ethics continued use coercive means or promise of special treatment in order to influence professional decisions or colleagues deliberately or knowingly misrepresent facts regarding a student exclude a student from participation in a program or grant an advantage to a student on the basis of race, color, sex, disability, national origin, religion, or family status.

use coercive means or promise of special treatment in order to influence professional decisions or colleagues

deliberately or knowingly misrepresent facts regarding a student

exclude a student from participation in a program or grant an advantage to a student on the basis of race, color, sex, disability, national origin, religion, or family status.

Student and family basic rights Center for Study and Prevention of Violence National School Safety Center Parent Rights Student Rights Teacher Rights: http://www.tft.org/legal/speced.cfm Teacher Grievances—TSTA: http://www.tsta.org/legal/grievance-teachers.shtml

Center for Study and Prevention of Violence

National School Safety Center

Parent Rights

Student Rights

Teacher Rights: http://www.tft.org/legal/speced.cfm Teacher Grievances—TSTA: http://www.tsta.org/legal/grievance-teachers.shtml

Student and personnel records FERPA for known as Buckley Amendment Family Rights to Privacy Act http://www.ed.gov/policy/gen/guid/fpco/ferpa/students.html?exp=0 http:// www.ed.gov/policy/gen/guid/fpco/ferpa/parents.html?exp =0 K-12 Classroom Law : http://www.edu-cyberpg.com/Teachers/Home_Teachers3.html Parent Rights: http:// www.tea.state.tx.us/parent_inv/prights.html

FERPA for known as Buckley Amendment Family Rights to Privacy Act http://www.ed.gov/policy/gen/guid/fpco/ferpa/students.html?exp=0 http:// www.ed.gov/policy/gen/guid/fpco/ferpa/parents.html?exp =0

K-12 Classroom Law : http://www.edu-cyberpg.com/Teachers/Home_Teachers3.html

Parent Rights: http:// www.tea.state.tx.us/parent_inv/prights.html

Special Education Basics FOLLOW PROCEDURES Implement the IEP to the letter Have an IEP, not a GEP Modify appropriately Proper placement in the LRE Dot every “i” Cross every “t”

FOLLOW PROCEDURES

Implement the IEP to the letter

Have an IEP, not a GEP

Modify appropriately

Proper placement in the LRE

Dot every “i”

Cross every “t”

Special education basics IDEA Practices: http://www.ideapractices.org/resources/index.php IDEA Law: http:// www.ideapractices.org/law/briefs/teachers.php Parents Rights Information on procedural safeguards and the rights of parents of students with disabilities. Due Process Hearings Information and link to the Special Education Due Process Hearing Decisions and information about the Special Education Hearing Officers. Texas Education Code (the state Law) http:// www.tea.state.tx.us/tea/law.html

IDEA Practices:

http://www.ideapractices.org/resources/index.php

IDEA Law:

http:// www.ideapractices.org/law/briefs/teachers.php

Parents Rights Information on procedural safeguards and the rights of parents of students with disabilities.

Due Process Hearings Information and link to the Special Education Due Process Hearing Decisions and information about the Special Education Hearing Officers.

Texas Education Code (the state Law)

http:// www.tea.state.tx.us/tea/law.html

Special Education Continued Federal Resource Center for Special Education http:// www.dssc.org/frc/index.htm National Information Center for Children and Youth with Disabilities http://www.nichcy.org/ http://www.ideapractices.org/law/briefs/brief05.php

Federal Resource Center for Special Education http:// www.dssc.org/frc/index.htm

National Information Center for Children and Youth with Disabilities http://www.nichcy.org/

http://www.ideapractices.org/law/briefs/brief05.php

Student discipline Consistency, Consistency Consistency, Consistency Fair and Impartial Know and follow the policy Give due process Inform student of policy Minimal Procedural http://www.mtu.edu/studenthandbook/images/Student-Handbook-2002-Final.jpg

Consistency, Consistency Consistency, Consistency

Fair and Impartial

Know and follow the policy

Give due process

Inform student of policy

Minimal

Procedural

Complaints and grievances School Policies DGBA: Employees Follow the steps and procedures Meet the time-line: Be Precise FNG: Parents and Students Follow steps and procedures Meet the time-line: Be Precise http://www.inserviceinc.com/graphics/grievance.jpg

School Policies

DGBA: Employees

Follow the steps and procedures

Meet the time-line: Be Precise

FNG: Parents and Students

Follow steps and procedures

Meet the time-line: Be Precise

Sexual harassment Hostile Environment (severe/prevasive) Quid-Pro-Quo (exchange of favors) Requirements for Schools Report Investigate http://www.wcwonline.org/harassment/ http://wgby.org/edu/flirt/agdisq.html Harassment-Free Hallways Site Index http://www.aauw.org/ef/harass/index.cfm

Hostile Environment (severe/prevasive)

Quid-Pro-Quo (exchange of favors)

Requirements for Schools

Report

Investigate

http://www.wcwonline.org/harassment/

http://wgby.org/edu/flirt/agdisq.html

Harassment-Free Hallways Site Index

http://www.aauw.org/ef/harass/index.cfm

Child abuse reporting Your responsibility is to report suspected child abuse or child neglect “ having cause to believe physical or mental welfare has been or may be adversely affected ”

Your responsibility is to report suspected child abuse or child neglect

“ having cause to believe physical or mental welfare has been or may be adversely affected ”

Teacher contract basics Probationary Contract Requirement changed this year Continuing Contract Term Contract http://www.gospelcom.net/rbc/ds_images/q0804/contract.gif http://www.bbc.co.uk/health/genes/images/contract.jpg

Probationary Contract

Requirement changed this year

Continuing Contract

Term Contract

Technology and copyright issues Copyright Basics: Circular published by U.S. Copyright Office tu Copyright Basics Crash Course http://www.utsystem.edu/OGC/intellectualproperty/cprtindx.htm#top Selected Historic Copyright Decisions http://supct.law.cornell.edu/supct/cases/copyrt.htm Dr. Marshall Computer and Internet Law http://education.tamuk.edu/EDED5322/links.htm http://education.tamuk.edu/EDED5322/cases/internet/default.htm

Copyright Basics: Circular published by U.S. Copyright Office

tu Copyright Basics Crash Course http://www.utsystem.edu/OGC/intellectualproperty/cprtindx.htm#top

Selected Historic Copyright Decisions http://supct.law.cornell.edu/supct/cases/copyrt.htm

Dr. Marshall Computer and Internet Law

http://education.tamuk.edu/EDED5322/links.htm

http://education.tamuk.edu/EDED5322/cases/internet/default.htm