Foundation of education 9
Upcoming SlideShare
Loading in...5
×
 

Foundation of education 9

on

  • 265 views

 

Statistics

Views

Total Views
265
Views on SlideShare
265
Embed Views
0

Actions

Likes
0
Downloads
6
Comments
0

0 Embeds 0

No embeds

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment
  • ffgfg

Foundation of education 9 Foundation of education 9 Presentation Transcript

  • FOUNDATION OF EDUCATION LEGAL ASPECTS OF EDUCATION 2013 - 2014
  • AIM OF CHAPTER 9 - A general overview of the U.S. court system and examines the legal topics and court decision that have most affected today’s schools and teachers. The right and responsibilities of both teacher and students and religion and schools. 2 Considered questions 1.1. What legal right and responsibilities do teacher have?What legal right and responsibilities do teacher have? 2.2. What are the legal rights of students?What are the legal rights of students? 3.3. Can religious activities be conducted in public schools?Can religious activities be conducted in public schools? 4.4. Can the government assist nonpublic schools?Can the government assist nonpublic schools?
  • 3 THE COURT SYSTEM Federal court decide cases that involve federal law and regulation constitutional issues Federal court decide cases that involve federal law and regulation constitutional issues State court adjudicate cases that involve state laws, state constitutional provisions, school board policies, and other non-federal problems * Both federal and state court usually require that perspective litigants exhaust all administrative avenue available for resolution before involving to court system View slide
  • Municipal or superior court Appellate Court Supreme Court View slide
  • 5 Supreme Court Circuit courts of appeal District courts Conflicting rulings Decisions of a court below the U.S Supreme Court have force only in the geographic area served by that particular court , it’s possible to find conflicting ruling in indifferent circuits.
  • The first and fourteenth amendments 6 The First Amendment concerns freedom of religion, speech, press, and assembly and the right” to petition the government for redress of grievances” Establishment Clause Free Exercise Clause Prohibits the establishment of a government-sanctioned religion Protect rights of speech and expression
  • 7 Fourteenth Amendment No state shall“ deprive any person of life, liberty, or property, with out due process of law No state shall “deny to any person within its jurisdiction of the equal protection of the law” Due Process Clause Equal Protection Clause Refers to the use of legal rules and principles established to protect the rights of the accused.
  • Teachers’ rights and responsibilities 8 Testing and Investigation of Applicants for Certification or Employment Testing and Investigation of Applicants for Certification or Employment Background Checks Standards & Assessment Nondiscrimination requirements Almost everywhere in the U.S, individuals who wish to teach in grades k-12 must possess teaching certificate, which are usually granted by the state .Using fingerprints .checking with local, state, and federal enforcement agencies - Criminal records -Teachers have to pass competency tests for continued employment. -Minority and nonminority are equal
  • 9 Employment Contract and Tenure Probationary periodProbationary period Continuing employmentContinuing employment Breach of contractBreach of contract -One side fails to perform as agreed, the party that breaded contracts may be sued for damages. - Revoke the teacher’s certificate -If the school breaks a contracts, teacher may be awarded payment for damages Granted tenure teacher are employed under a continuing contract. The term means that their reemployment for next year is guaranteed unless school officials give notice by a special date that the contract will not be renewed . Tenure teacher is not referred to all districts mean they have to take period of probationary , which lasts three years of consecutive, satisfactory service, but some states try to establish much shorter.
  • 10 Academic Freedom Academic freedom refers to the teacher’s freedom to choose subject matter and instructional materials relevant to course without interference from administrators. Teacher as Exemplar or Role Model Moral Standard Renewed emphasis on role-model responsibilities Prohibiting gay discrimination Dress and grooming cases
  • Torts are civil wrongs. Under tort law, individuals who have suffered through the improper conduct of other may sue for damages 11 Student Injure Decline of immunity Standard of proper care Tort liability and negligence Can danger be foreseen? Parental consent form Laws require reporting abuse
  • 12 Copyright Laws Copyright gives authors and artists control over the reproduction and distribution of works they create. Fair use guidelines Is a legal principle that allows use of copyrighted materials without permission from the authors under specific, limited condition Video recordings Software Internet
  • II. Students’ rights and responsibilitiesII. Students’ rights and responsibilities Decline of in loco parentis (Being responsible for a child while theDecline of in loco parentis (Being responsible for a child while the child’s parents are absent).child’s parents are absent). Non-public school students not necessary protected.Non-public school students not necessary protected. 13
  • 1.Freedom of expression1.Freedom of expression Guarantees of Free speech.Guarantees of Free speech. Limits of Free speech.Limits of Free speech. Regulate Students Publication.Regulate Students Publication. Legitimate Regulation.Legitimate Regulation. 14
  • 1.2 Student use of internet and electric1.2 Student use of internet and electric devicesdevices Acceptable policies for internet useAcceptable policies for internet use Suspension for digital ridiculeSuspension for digital ridicule Cell-phone bansCell-phone bans 15
  • 1.3 Dress code and regulation1.3 Dress code and regulation Mixed rulingMixed ruling A rational basisA rational basis Minimum due processMinimum due process Written policiesWritten policies 16
  • 3. Protect from violence3. Protect from violence School may be liable for violence.School may be liable for violence. **Educators have a duty to protect students against violence actions**Educators have a duty to protect students against violence actions that occur at school or at school sponsored events.that occur at school or at school sponsored events. 17
  • 3.1 Zero tolerance and its effects on school3.1 Zero tolerance and its effects on school Gun free school actGun free school act Zero toleranceZero tolerance Zero tolerance sometimes out of controlZero tolerance sometimes out of control *Make sure students have opportunities to talk with and connect*Make sure students have opportunities to talk with and connect with caring adults.with caring adults. *Provide flexibilities and consider alternatives to expulsion.*Provide flexibilities and consider alternatives to expulsion. *Clearly define what constitutes a weapon, misbehavior, or a drug.*Clearly define what constitutes a weapon, misbehavior, or a drug. *Tailor policies to local needs and review them annually.*Tailor policies to local needs and review them annually. 18
  • 4. Search and seizure4. Search and seizure Four Amendment RightsFour Amendment Rights **A legal search usually request a lawfully issued**A legal search usually request a lawfully issued warranty. But rising drug use in school andwarranty. But rising drug use in school and accompanying acts of violence have led some schoolaccompanying acts of violence have led some school officials to install metal detectors or X-ray machinesofficials to install metal detectors or X-ray machines to search for weapons. ==>Four Amendment whichto search for weapons. ==>Four Amendment which help people to be secure in their persons, houses,help people to be secure in their persons, houses, papers and effectspapers and effects.. 19
  • 4. Search and seizure (Con’t). Search and seizure (Con’t) Reasonable cause: Search usually are conductedReasonable cause: Search usually are conducted because administrators have reasons to suspectbecause administrators have reasons to suspect that illegal or dangerous items are premise.that illegal or dangerous items are premise. T.L.O searching a purseT.L.O searching a purse 20
  • 4. Search and seizure (Cont.) Two-sponged standardTwo-sponged standard 1.1. Whether the search is justified at its conceptionWhether the search is justified at its conception 2.2. Whether the search, when actually conducted, isWhether the search, when actually conducted, is reasonably related in scope to the circumstancesreasonably related in scope to the circumstances which justified the interference in the first place.which justified the interference in the first place. 21
  • 4. Search and seizure (Cont.)4. Search and seizure (Cont.) Drug –sniffing dogsDrug –sniffing dogs Strip-search unconstitutionalStrip-search unconstitutional Guideline for searches.Guideline for searches. - Search must be particularized- Search must be particularized.. - Lockers are consider school property and may be- Lockers are consider school property and may be searched if reasonable cause exists.searched if reasonable cause exists. 22
  • 4. Search and seizure (Con’t)4. Search and seizure (Con’t) - Dogs may be used to sniff lockers and cars.- Dogs may be used to sniff lockers and cars. Generalized canine sniffing of students is permittedGeneralized canine sniffing of students is permitted only when the dogs do not touch them.only when the dogs do not touch them. - Strip searches are unconstitutional and should- Strip searches are unconstitutional and should never be conducted.never be conducted. 23
  • - School officials may conduct searches on field trips,School officials may conduct searches on field trips, but the usual standards for searches still apply.but the usual standards for searches still apply. - School officials’ judgments are protected bySchool officials’ judgments are protected by government immunity if the search is not knowinglygovernment immunity if the search is not knowingly illegal.illegal. 24 4. Search and Seizure (Con’t)
  • 4.1. Video surveillance and Search • SurveillanceSurveillance is the monitoring of the behavior,is the monitoring of the behavior, activities, or other changing information, usually ofactivities, or other changing information, usually of people for the purpose of influencing, managing,people for the purpose of influencing, managing, directing, or protecting.directing, or protecting. • Video surveillance is very useful to governments andVideo surveillance is very useful to governments and law enforcement to maintain social control, recognizelaw enforcement to maintain social control, recognize and monitor threats, and prevent/investigate criminaland monitor threats, and prevent/investigate criminal activity.activity. 25
  • 4.2. Testing athletes for drugs • Some school-board members and other policySome school-board members and other policy makers have urged administrators to introducemakers have urged administrators to introduce random testing of student athletes’ urine torandom testing of student athletes’ urine to detect marijuana, steroids, and other illegaldetect marijuana, steroids, and other illegal substances.substances. • U.S. Supreme court has permitted drug testingU.S. Supreme court has permitted drug testing of students engaged in other extracurricularof students engaged in other extracurricular (unusual) activities.(unusual) activities. 26
  • 4.3. Classroom discipline and Corporal punishment • Classroom discipline was the issue in a case involving a sixth grader whoClassroom discipline was the issue in a case involving a sixth grader who was placed in a time-out area of the classroom whenever his behaviorwas placed in a time-out area of the classroom whenever his behavior became disruptive (causing trouble).became disruptive (causing trouble). • During Time-out (break-time) students are allowed to take rest, but ofDuring Time-out (break-time) students are allowed to take rest, but of course they could do more than resting, but causing trouble ,etc.course they could do more than resting, but causing trouble ,etc. • Some teachers have decided to slightly use corporal punishment (hitting)Some teachers have decided to slightly use corporal punishment (hitting) in order to control those students even though it is not acceptable forin order to control those students even though it is not acceptable for some parents and school.some parents and school. 27
  • 28
  • 4.4. Sexual harassment or Molestation of Students 29 Article 246: Definition of indecentArticle 246: Definition of indecent assaultassault Touching, fondling or caressing theTouching, fondling or caressing the sexual organs or other part of a personsexual organs or other part of a person without that person’s consent orwithout that person’s consent or coercing another person to performcoercing another person to perform such acts on the perpetrator himself orsuch acts on the perpetrator himself or herself or a third person for theherself or a third person for the purpose of arousing the perpetrator orpurpose of arousing the perpetrator or providing sexual pleasure to theproviding sexual pleasure to the perpetrator constitutes indecentperpetrator constitutes indecent assault. Imprison 1 - 3 years, 2 millionsassault. Imprison 1 - 3 years, 2 millions – 6 million riels.– 6 million riels. Article 250: Definition of sexualArticle 250: Definition of sexual harassmentharassment Sexual harassment shall mean the abuseSexual harassment shall mean the abuse by one person of the authorityby one person of the authority conferred by his or her functions againstconferred by his or her functions against another person for the purpose ofanother person for the purpose of applying pressure repeatedly in order toapplying pressure repeatedly in order to obtain sexual favors. Imprison 6 monthsobtain sexual favors. Imprison 6 months – 3 months, 100.000 – 500.000 riels.– 3 months, 100.000 – 500.000 riels.
  • 5. Students records and Privacy rights • Until 1974, students or their parents could not view mostUntil 1974, students or their parents could not view most student records kept by schools, only government agenciesstudent records kept by schools, only government agencies could do so.could do so. • Later on, Public schools districts develop policies allowingLater on, Public schools districts develop policies allowing parents access to their children’s official school records.parents access to their children’s official school records. • Private notes, criminal behavior and memoranda ofPrivate notes, criminal behavior and memoranda of teachers and administrators are not allowed to view.teachers and administrators are not allowed to view. 30
  • 6. Compulsory Attendance and Home Schooling • Every state has a law requiring children to attend school, usually fromEvery state has a law requiring children to attend school, usually from age six or seven to age sixteen or seventeen.age six or seven to age sixteen or seventeen. • Laws have usually been asked to demonstrate the home program’sLaws have usually been asked to demonstrate the home program’s essential equivalence to public-school offerings with respect to subjectessential equivalence to public-school offerings with respect to subject matter covered.matter covered. • State government allow for home schooling, but depending on stateState government allow for home schooling, but depending on state legislation, they impose regulations dealing with hours of study, testing,legislation, they impose regulations dealing with hours of study, testing, etc.etc. • In some states, they also must show test results indicating that theirIn some states, they also must show test results indicating that their children’s education is comparable to that school-educated peers.children’s education is comparable to that school-educated peers. 31
  • 6.1. Need for Balance between Rights and Responsibilities • During the past several decades, many educators and parents haveDuring the past several decades, many educators and parents have decided that the legal process is out of balance. They believed that thedecided that the legal process is out of balance. They believed that the courts place too much emphasis on students rights and too little on thecourts place too much emphasis on students rights and too little on the need for school discipline.need for school discipline. • Schools rules are set to be reasonable and acceptable. Court are nowSchools rules are set to be reasonable and acceptable. Court are now placing considerable confidence in school officials trusting those officials toplacing considerable confidence in school officials trusting those officials to maintain a proper balance between students rights and the school’s needs.maintain a proper balance between students rights and the school’s needs. 32
  • 7. Religion and the Schools • US government always prevents itself from experiencing theUS government always prevents itself from experiencing the serious and often bloody conflicts that had occurred in Europe.serious and often bloody conflicts that had occurred in Europe. • Government is neutral government, and while protecting all, itGovernment is neutral government, and while protecting all, it prefers none, and it disparages (criticize) none. Meaning thatprefers none, and it disparages (criticize) none. Meaning that individuals have rights to hold and freely practice their religiousindividuals have rights to hold and freely practice their religious beliefs by any how they want to do it.beliefs by any how they want to do it. • Government still needs to set regulations for those religiousGovernment still needs to set regulations for those religious activities to make sure it is done orderly and rightly at school.activities to make sure it is done orderly and rightly at school. 33
  • 8. Government Regulation and Support for Nonpublic school • Government gave nonpublic school reasonable choice and discretion inGovernment gave nonpublic school reasonable choice and discretion in respect of teacher, curriculum and textbooks. States have passed variousrespect of teacher, curriculum and textbooks. States have passed various kinds of legislation to regulate nonpublic school. They require thekinds of legislation to regulate nonpublic school. They require the employment of certified teachers, specify the number of days or hours theemployment of certified teachers, specify the number of days or hours the school must be in session, insist that schools meet state accreditationschool must be in session, insist that schools meet state accreditation standards.standards. • State can legally offer many types of support for nonpublic schools,State can legally offer many types of support for nonpublic schools, including transportation, books, and health services because it directlyincluding transportation, books, and health services because it directly benefits child.benefits child. 34
  • Thank you for your attention! 35