SCHOOL LAW for Teachers

1
SCHOOL LAW for Teachers

• Rev. 2012
• McBride

2
U.S. CONSTITUTION

• Did not provide for a free public education for
  all children
• Responsibility for the education of the citizenry
  was the states rights
• Article 1, Section 8 did provide for the common
  defense and general welfare of the citizenry,
  which has been the basis for establishing a
  universal system of public education.

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14th AMENDMENT

• Establishes due process
• Provides for equal protection for all citizens
• Equal Protection Clause prohibits schools from
  classifying students on such factors as sex, age,
  intelligence, marital status, parents' residence,
  race, pregnancy, test scores, or wealth of the
  community

4
Sources of Educational Law

• Statutory Law - written law established by a
  legally constituted and elected federal, state,
  or local body
• Common Law - system of law in which legal
  principles are derived from usage as expressed
  through the courts and legal opinions, custom,
  and precedent
• Administrative Law - formal regulations and
  decision of governmental agencies and elected
  officials

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FEDERAL GOVERNMENT

• Influences educational policy
• Funds about 7 of the total amount spent on
  public elementary and secondary schools
• Law of the Land - overrides any state or local
  statutes, regulations, or practices.

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STATE GOVERNMENT

• Provide free public schools for all children
  (F.A.P.E.)
• Responsible for establishing and funding public
  education
• Oregons legal framework is the Oregon Revised
  Statutes (ORS)
• Policies set by Oregons State Board of Education
  are the Oregon Administrative Rules (OAR)
• http//arcweb.sos.state.or.us/pages/rules/oars_500
  /oar_581/581_tofc.html

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Key Concepts of Law

1. Respect - Does the action respect the
   individuals dignity?
2. Safety - What is the best course to ensure
   everyones safety?
3. Student Welfare What is good for the student?
4. Fair Warning - Did the teacher, student, or
   parent know of the rule that was violated?
5. Due Process. Did the individual have an
   opportunity to hear the charge, tell the other
   side of the story, and appeal to a higher level?

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Key Concepts of Law

• 6. Consistency. Is the action consistent with
  what was done for others?
• 7. Public Relations Test. What is the effect
  of a decision on those not directly involved?
• 8. Consultation. What do colleagues say is
  the right thing to do?
• 9. Law and Policy. What laws, rules, and
  policies apply?

9
EQUALITY IN EDUCATION

• 14th Amendment guarantees equal protection
  under the law to all citizens under federal and
  state law

10
COMPULSORY ATTENDANCE

• All states have laws to compel students to attend
  school
• ORS 339.020 states that parents or any "person
  having control of any child between the ages of 7
  and 18 years who has not completed the 12th grade
  is required to send such child to and maintain
  such child in regular attendance at school during
  the entire term."

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Basis of Pupil Assignment to Schools and Classes

• Race as a Factor
• Sex as a Factor
• Marriage or pregnancy as factors
• Exceptional status as factor

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Race as a Factor

• Plessy v. Ferguson (1886) - Separate but equal
• Brown v. Board of Education, Topeka, KS (1954)
  Desegregation
• Plyler v. Doe (1982) - Educational opportunity
  for undocumented students

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DESEGREGATION

• Brown v Board of Education (1954)
• Segregated schools are inherently unequal
• Despite many subsequent court decisions, schools
  are more segregated today than 20 years ago
• Court ordered busing, magnet schools, and other
  strategies have failed to overcome defacto
  segregation

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EDUCATION AND TITLE VI OF THE CIVIL RIGHTS ACT OF
1964

• Civil Right Act of 1964 Outlawed major forms of
  discrimination against African Americans and
  women, including racial segregation. It ended
  unequal application of voter registration
  requirements and racial segregation in schools,
  at the workplace and by facilities that served
  the general public.
• Title VI of the Civil Rights Act of 1964 No
  person in the United States shall, on the ground
  of race, color, or national origin, be excluded
  from participation in, be denied the benefits of,
  or be subjected to discrimination under any
  program or activity receiving Federal financial
  assistance.

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Elementary and Secondary Education Act
(ESEA)_1965(U. S. Federal Statute)

• Part of Johnsons War on Poverty
• Funds primary and secondary education, while
  explicitly forbidding the establishment of a
  national curriculum
• Emphasizes equal access to education and
  establishes high standards and accountability
• Aims to shorten the achievement gaps between
  students by providing each child with fair and
  equal opportunities to achieve an exceptional
  education
• Allows military recruiters access to 11th and
  12th grade students' names, addresses, and
  telephone listings

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Title VII_1967Keeping cultural values intact and
pushing students to strive for academic
excellence.

• Title VII introduced a program for bilingual
  education, followed in 1968 by the Bilingual
  Education Act, mandating all school districts
  provide bilingual ed services
• Title VII implemented plans to help Indian,
  Native Hawaiian, and Alaskan natives be provided
  opportunities for achieving academic equality
• Title VII was replaced by Title III, Language
  Instruction for Limited English Proficient and
  Immigrant Students of the No Child Left Behind
  Act of 2001.

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Undocumented Students

• Plyler v. Doe (1982), the Supreme Court of the
  United States struck down a Texas statute denying
  educational funding for undocumented students and
  simultaneously struck down a municipal school
  district's attempt to charge illegal immigrants
  an annual 1,000 tuition fee for each
  undocumented student to compensate for the lost
  state funding.

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Do NOT turn over student records to immigration
officials or other agencies

• The Family Educational Rights and Privacy Act
  (FERPA) 1974, is a Federal law that protects the
  privacy of student education records. The law
  applies to all schools that receive funds under
  an applicable program of the U.S. Department of
  Education.

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Controversy in Higher Ed

• Some states deny eligibility for in-state tuition
  and scholarships, and other states even bar
  enrollment at public colleges and universities to
  illegal immigrants. What do you think should
  happen?

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Sex as a Factor

• Title IX - Educational Amendments
• Act (1972)
• Prohibits sexual discrimination in public and
  private educational institutions receiving
  federal aid
• Includes sports, single sex classes, access to
  classes, enrollment

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Pregnancy as a Factor

• Pregnancy Discrimination Act of 1978
• Public Law 95-555
• Amends the Civil Rights Act of 1964 to prohibit
  exclusion from or discrimination against women
  because of pregnancy, childbirth or related
  medical conditions.

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United States v. Virginia _1996

• The U.S. Supreme Court struck down the Virginia
  Military Institutes long-standing male-only
  admission policy in a 7-1 decision.
• Creation of a female-only academy was not
  considered an equal option.

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Exceptional Status

• English Language Learners
• Special Education

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English Language Learners

• Lau v. Nichols (1974)
• Based on Title VI of 1964 Civil Rights Act which
  prohibits discrimination on basis of race or
  national origin
• Schools districts must rectify language
  deficiency of students with limited English
  proficiency. Sink or swim policy is not OK
• Court did not dictate a specific program

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Free appropriate public education (F.A.P.E.)

• Free appropriate public education guaranteed by
  the Education for All Handicapped Children Act of
  1975
• States must develop policies that insure FAPE to
  all children with disabilities in order to
  receive federal funds
• Replaced by IDEA (Individuals with Disabilties
  Act)

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Board of Education v. Rowley_1982 Clarifying
F.A.P.E.

• U.S. District Court ruled in favor of Rowley,
  believing the disparity between Rowleys
  achievement and her potential led to the decision
  that Amy Rowley was not receiving a free
  appropriate public education
• The court defined FAPE as the opportunity to
  achieve her full potential commensurate with the
  opportunity provided to other children.
• According to the District Court, such a standard
  requires that the potential of the handicapped
  child be measured and compared to his or her
  performance, and that the remaining differential
  or shortfall be compared to the shortfall
  experienced by children without handicapping
  conditions.

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Americans with Disabilities Act (ADA)_ 1990

• Prohibits employment and housing discrimination
• Promotes structural accessibility requirements
• Makes available telecommunications devices and
  services for people with hearing and speech
  impairments

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SPECIAL EDUCATION

• Rehabilitation Act of 1973
• Public Law 93-112. Section 504
• No one otherwise qualified handicapped
  individual shall solely by reason of the
  handicap, be excluded from any participation in,
  denied benefits of, or be subject to
  discrimination under any program receiving
  Federal assistance.

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SPECIAL EDUCATION

• Education for all Handicapped
• Children Act (1975)
• Public Law 94-142
• All children with disabilities to be provided
  access to free education
• Schools must provide least restrictive
  environment
• Each child with disabilities guaranteed an
  Individual Education Plan (IEP)

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SPECIAL EDUCATION

• Individuals with Disabilities Education
• Act (IDEA) (1990)
• Public Law 101- 476
• Further defined the rights of individuals with
  disabilities in public school settings
• Reauthorized in 1997 with added parental rights
• Reauthorized in 2004 with attention to the IEP
  process, due process and discipline provisions

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Accommodating Disabilities

• Rehabilitation Act (1973) Section 504
• Prohibits discrimination against individuals on
  basis of a disability
• Appropriate accommodations must be made rather
  than exclusion or segregation (e.g. students with
  AIDS)

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FREEDOM OF EXPRESSION

• First Amendment guarantees freedom of expression
  (speech, press, assembly)
• AND
• The term in loco parentis, Latin for "in the
  place of a parent refers to the legal
  responsibility of a person or organization to
  take on some of the functions and
  responsibilities of a parent.
• In loco parentis allows schools to act in the
  best interests of the students as they see fit,
  although not allowing what would be considered
  violations of the students civil liberties.

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RIGHTS of STUDENTS

• Tinker v. Des Moines Independent School District
  (1969)
• Wearing of black armbands
• School officials may not censure student
  expression unless it causes a substantial
  disruption.
• Students do not shed their constitutional rights
  at the schoolhouse door.

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RIGHTS of STUDENTS

• Assembly
• Legal when activities are peaceful, do not
  violate schools rules nor result in property
  damage
• Speech
• Rights when attached to school activities can be
  limited

35
Restrictions on Speech

• Bethel School District v. Fraser (1986)
• Schools can punish students for using
  offensively lewd and indecent
  speech in the classroom, assemblies, and
  other school sponsored activities

36
Censorship

• Hazelwood School District v. Kuhlmeier (1988)
• Student newspaper is not a public forum
• School officials may regulate contents of
  school-sponsored publications in a reasonable
  manner
• Courts are less inclined to regulate non-school
  sponsored publications

37
Saluting the Flag

• West Virginia Board
• of Education v
• Barnette (1943)
• Public schools may not force students to salute
  the flag

38
Student Dress

• Regulated by local districts and state courts
• Restrictions on dress and appearance
• Might create a health or safety problem
• Does not meet community standards
• Disruptive
• Identified with gang involvement

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Student Conduct Safety

• Schools must provide a safe environment for
  students
• Serious consequences for threats of violence to
  others or property
• 14th Amendment requires due process of law

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Student Conduct

• OREGON LAW ORS 339.250
• Requires students to comply with rules
• Provides for schools to administer suspension,
  expulsion, removal, counseling, and issue written
  information about alternative programs
• Use reasonable physical force to maintain order

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STUDENT DUE PROCESS

• Goss v. Lopez (1975)
• Due process guidelines for suspension
• Students must know in advance the rules of
  behavior and disciplinary actions for violating
  the rules
• Students must receive immediate and informed
  notice of an infraction and an opportunity to
  present their side of the story
• Students have the right to appeal the decision

42
Disruptive Students in Special Education

• Honig v Doe (1988)
• Exclusion for more than 10 consecutive days is
  change in students placement, which requires
  agreement between school students parents or a
  court order
• IDEA (1997)
• SPED students receive same treatment as those
  without disabilities unless exclusion is more
  than 10 days.

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Corporal Punishment

• Ingraham v. Wright (1977)
• Student can sue if corporal punishment is
  excessive violates 14th Amendment
• ORS 339.250
• Reasonable physical force can be used to maintain
  order
• Corporal punishment is prohibited

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Search and Seizure

• 4th Amendment
• Protects against unlawful or unreasonable
  searches
• New Jersey v T.L.O (1985)
• School officials must have reasonable suspicion
  and consider objective of search, age, gender of
  student and nature of infraction
• Law enforcement must have warrant

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DRUG TESTING

• Vernonia School District v Acton (1995)
• Random drug testing of athletes is constitutional
• Board of Education of Pottawatomi County School
  District v. Earls (2001)
• Random drug testing for any competitive
  extracurricular activity is constitutional

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Sexual Harassment

• Civil Rights Act of 1964 (Title VII)
• Prohibits discrimination because of sex
• Includes sexual harassment by school official
  against student (1992 case)
• Punitive damages awarded for assault based on
  sexual orientation (1996 case)
• District may be liable for student to student
  sexual harassment (1999 case)

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Federal Hate Crimes Law

• On Oct. 28, 2009, the Matthew Shepard and James
  Byrd legislation expanded the legal definition of
  hate crime to include attacks based on sexual
  orientation.
• A hate crime occurs when the perpetrator selects
  the victim because of the persons actual or
  perceived race, color, religion, national origin,
  gender, sexual orientation, gender identity or
  disability.

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Oregon Equality Act (SB2)

• Effective January 1, 2008
• Expands categories protected to include race,
  color, religion, sex, sexual orientation,
  national origin, marital status, age or
  disability

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Oregon Safe Schools ActHouse Bill 2599,_2009

• Defines bullying, intimidation, harassment and
  cyber-bullying as any act that
• Substantially interferes with a students
  educational benefits, opportunities or
  performance
• Takes place on or immediately adjacent to school
  grounds, at any school-sponsored activity, on
  school-provided transportation or at any official
  school bus stop
• Has the effect of physically harming a student or
  damaging a students property or knowingly
  placing a student in reasonable fear of physical
  harm to the student or damage to the students
  property or creating a hostile educational
  environment, including interfering with the
  psychological well-being of a student and

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Oregon Safe Schools ActHouse Bill 2599,_2009
continued

• May be based on, but not limited to, the
  protected class status of a person. Protected
  class means a group of persons distinguished, or
  perceived to be distinguished, by race, color,
  religion, sex, sexual orientation (including real
  or perceived gender identity), national origin,
  marital status, familial status, disability or
  source of income.

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STUDENT RECORDS

• Family Educational Rights and Privacy Act Public
  Law 93-380
• Protects the confidentiality and fundamental
  fairness with respect to the maintenance and use
  of student educational records
• Rights of Parents
• Directory Information
• Disclosure and Exceptions
• Confidentiality of Student Records (IEP)
• Confidentiality between students and staff
• Video and Student Privacy Issues

52
Oregon Mandatory Reporting Requirements
Regarding Children

• Standard of Knowledge Reasonable cause to
  believe any child has suffered abuse, or believe
  a person has abused a child
• Definition of Victim Child is unmarried person
  under 18. Abuse means physical injury by
  non-accidental means mental injury sexual
  assault abuse or exploitation neglect
  threatened harm to a child buying or selling a
  person or exposure to illegal substances.
• Make reports to Local office of Department of
  Human Services http//www.oregon.gov/DHS/abuse/m
  ain.shtml or law enforcement agency

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RELIGION in US EDUCATION

• 1st Amendments free exercise and
  establishment clauses require schools to take a
  neutral position regarding religious issues

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Prayer at School Events

• GRADUATION
• Lee v Weisman (1992)
• Prayers organized by school officials at
  graduation exercises were unconstitutional
• SPORTS
• Santa Fe School District v Doe (2000)
• Student led prayers at football games were
  unconstitutional
• ORS 327.109
• Prohibits prayer at school-sponsored events

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Religious Music Displays

• Lemon v. Kurtzman (1971)
• Established three part test for whether policy
  violates 1st amendment establishment clause
• Must have a secular purpose
• Must neither advance nor inhibit religion
• Must not create excessive entanglement between
  religion and school

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Use of School Facilities for Religious Purposes

• Mergens v. Board of Education of the
• Westside Community Schools (1990)
• Schools can not deny access to students to meet
  engage in religious speech during
  non-instructional time
• ORS 332.172
• School buildings can be used for civic and
  recreational purposes "giving equal rights and
  privileges to all religious denominations and
  political parties."

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Teachers Freedom of Speech

• 1st Amendment affords teachers the rights to
  freedom of expression
• Free speech is limited to the requirement that
  such speech does not create material disruption
  to the educational interest of the school
  district
• Full 1st Amendment rights outside the school
  environment

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Balancing religious liberty for teachers with
students' rights to a religious-neutral
schoolhouse in Oregon

• Gov. Ted Kulongoski signed HB 3686 on April 1,
  2010, which ends Oregon's ban on teachers wearing
  head scarves (hijab) and other religious attire,
  to take effect after 2010-2011 school year.
• The model school district policy (on my wiki)
  states Religious clothing means religious
  dress worn in accordance with the employees
  sincerely held religious beliefs, including, but
  not limited to head coverings, jewelry, emblems,
  and other types of religious dress.
• Districts are obliged to provide an educational
  environment welcoming to all faiths and those of
  no faith while maintaining the religious
  neutrality of the educational environment.
  District employees must refrain from endorsing or
  proselytizing their religious views.

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Childers v. Morgan County Board of Education_ 1987

• The Morgan County Board of Education (Board of
  Education) had a policy that required its bus
  drivers to retire at age 65.
• Childers brought suit challenging this mandatory
  retirement policy as violative of the Age
  Discrimination in Employment Act of 1967 (ADEA)
  and won, due to the fact that suitability for
  driving could be verified via physical and eye
  exams.

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School Libraries

• Island Tree School District 26 v. Pico
• School boards may not order removal of books from
  school library based on dislike of books
• Removal must be based on rational educational
  grounds and review policy

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Works Cited

• Johnson, D. (2002). School Law A Primer.
  Leadership 2000. Portland State University.
• National Association of Secondary School
  Administrators A Legal Memorandum (1996). School
  Law Friend or Foe? National Association of
  Secondary School Administrators Reston, VA.
• New York Times. (2007, June). Supreme Court Cases
  and Decisions Affirmative Action. Retrieved July
  10, 2007 from http//www.nytimes.com/ref/washingto
  n/scotuscases_AFFIRMATIVEACTION.html
• Thieman, G. (2002). Landmark Supreme Court
  Decisions Affecting US Education. Power Point
  presentation. Portland State University.

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Beyond the Law Ethical Codes

• Code of Ethics for Educators4 basic principles
  http//aaeteachers.org/index.php/about-us/aae-cod
  e-of-ethics
• The Ethical Educator Professional
  PracticesOregon TSPC http//www.tspc.state.or.
  us/pub.asp?op0id6

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Sample Test Items

• http//www.orela.nesinc.com/TestView.aspx?fHTML_F
  RAG/OR008_PrepMaterials.html