Teachers and School
Boards
Rights
as a citizen
Statutory rules that govern boards
Contractual conditions

http://www.foxnews.com/video/in
dex.html?playerId=videolanding
page&streamingFormat=FLASH
&referralObject=3138015&referr
alPlaylistId=playlist

http://www.youtube.com/watch?
v=0mvP0ArKIGY
First Amendment Rights




Speech
Expression
Association
Religion
Freedom of Speech





Connick v. Myers and Pickering v.
Board
Speaking out as a citizen on matters
of public concern is free speech
Balance of interest test
Private communications without
disturbance is protected
Dress is not a first amendment right;
school board dress code is
constitutional
Privacy- not mentioned in
Constitution but inferred



Personnel may be required to
seek help if there is a reason to
doubt the ability to contend
Drug test if a problem is
suspected but not random
testing
Search teacher workplace- any
area related to work
Religion- first amendmentTitle VII




Subject to certain limits
1972- amended Civil Rights Act to
include religion- employer
accommodation as long as no undue
hardship
Neither inhibit nor promote religion
Religious garb- if a state prohibits
such attire, the courts sustain
Self-incrimination


Fifth amendment
A superintendent has a right to
inquire
Due process- 4th and 14th
amendment




Procedural
Substantive- liberty, tenure is a
property right
Vagueness- may require states
to uphold state and federal
constitutions
Irrationality- a rule cannot be
arbitrary or irrebuttable
Take home test
Torts- A civil wrong for which the
courts can provide a remedycaused by unreasonable conduct
of others

Intentional interference

Strict liability

Negligence
Intentional interference





Not necessary for the wrongdoer to be hostile- could be a
practical joke
Assault- mental rather than
physical violence; mental
distress
Battery- physical contact
False imprisonment
Read Spears v. Jefferson p.553
Strict Liability




Liability without fault
Danger is inherent in the activity
Not negligent or intentional
behavior
Read Fallon v. Indiana Trail
School p. 555
Negligence- neither expected
nor intended



Could be prevented by
reasonable care
Must sustain an injury resulting
from an unreasonable risk
Who is a reasonable person?
Person of ordinary sense using
ordinary care
Elements of Negligence





A duty to protect others
Failure to exercise that duty with
a standard of care
A causal connection between
act and injury (proximate cause
or legal cause)
An injury- damage or loss
All elements must be proven or
case fails
Duty of care



Educators are negligent when
they do something or omit
something- that a reasonable
person might deem harmful
No general- or at large duty
But if you make it your duty- you
must act as a prudent person
Standard of care




As the risk increases, the standard of
care increases- ex. Chemistry lab vs.
study hall or reading class
Children between 1 and 7 cannot be
liable for negligence
Between 7 and 14- prima facie case
for incapacity but it can be rebutted
Reasonably prudent person
Proximate or legal cause

ACT_____________Injury

Proper supervision
Defenses for negligence




1.
2.
3.
4.
Contributory negligence
Comparative negligence- assign
degrees- FL is a comparative state
Assumption of risk
ImmunityGovernmental
Charitable
Infants
Mentally disabled
Negligence cases






Brown v. Tesack
Johnson v. School District of
Millard
Stevens v. Chasteen
Simonetti v. School District of
Philly
Hutchison v. Toews
Wagenblast v. Odessa
Defamation



Using spoken or written word to
accuse another person of
immorality, dishonesty, or
dishonorable conduct
Libel- for visual perception
Slander- spoken words
School personnel- privilege




Cannot say anything you want
to about others
In good faith- without malice
Truth is defense against
defamation
Read Hett v. Ploetz 5 and 11 in
case notes
Florida- hold harmless




Waived sovereign immunity for
$100,000 to 200,000.
You must know of the standard
of care that is required
What if a person is invited to be
on campus?
Only compensatory charges can
be levies; not punitive charges