Teachers and School
Boards
Rights
as a citizen
Statutory rules that govern boards
Contractual conditions
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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