CHAPTER 12  TEACHERS, STUDENTS,
AND THE LAW
EDU:505 ANTHROPOLOGICAL AND
SOCIOLOGICAL FOUNDATIONS OF EDUCATION
WITH REFERENCE TO THE VIRGIN ISLANDS
Dairdre M. Petersen-Heath
NATIONAL***********STATE**********LOCAL
V I B E
Mission Statement:
The Virgin Islands Department of Education
is committed to the superior preparation and
performance of every student for continuing
education, rewarding employment, and
responsible citizenship.
Acting Commissioner Donna Frett-Gregory
OBJECTIVES
We will learn the following at the completion of this
chapter:
 Identify the personal and professional requirements
for employment of prospective teachers
 Describe teachers employment rights as derived
from employment contract and tenure status
 Outline the legal requirements for dismissing a
teacher
 Provide an overview of teachers’ rights inside and
outside the classroom
 Discuss the teacher’s responsibility in reporting
child abuse and using copyright materials
OBJECTIVES—Cont.
 Define the elements of negligence
 Compare equal opportunity and affirmative action
 Contrast the procedural requirements for
suspension, expulsion, and corporal punishment
 Trace the development of student rights in the area
of search and seizure
 Explain the restraints that may be place on student
expression and personal appearance
 Distinguish between quid pro quo and hostile
environment harassment as the concepts apply to
employees and students
 Discuss how the Family Educational Rights and
Privacy Act has expanded parental and student
rights
OVERVIEW OF THE CHAPTER
 Teacher Rights & Responsibilities
School personnel are not expected to be legal experts, it is
imperative that they understand their rights and obligations under
the law and how they are translated into everyday practices in the
schools.
 Student Rights & Responsibilities
The student rights and responsibilities has increasingly been
challenged since the late 1960. The focus has shifted to balancing
the rights of students and the responsibilities of school officials.
 The Law
Through its legislature, state board of education, state
department of education, and the local school boards promulgates
the rules and regulations for the operation of the schools.
THE TEACHERS
Terms and Conditions of Employment
 Certification
Certification is the process in which most professional
teaching, administrative, and other positions in the public schools
require a certificate or license.
 Citizenship and Residency Requirements
The courts have upheld both citizenship and residency
requirements for certification and/or as a condition of employment .
THE TEACHERS
Terms and Conditions of Employment
 Health and Physical Requirements
Most states and school boards have adopted health and
physical requirements for teachers.
 The Employment Contract
The employment contract is the legal document which
activates the terms and conditions of employment. In order for the
contract to be valid, it must the five (5) basic elements.
1.
2.
3.
4.
5.
Offer & acceptance
Legally competent parties
Consideration (compensation)
Legal subject matter
Agreement in the form required by law
Note: The employee’s rights and obligations of
employment are derived from the contract.
THE TEACHERS
Terms and Conditions of Employment
 Tenure
Tenure is “the status conferred upon teachers who have served a
probationary period which then guarantees them continual employment
until retirement, subject to the requirements of good behavior, financial
necessity and in some instances good periodic evaluation” (Sperry,
Daniel, Huefner & Gee, 1998, p. 1041). Tenure is a creation of statue
designed to maintain permanent and qualified instructional personnel.
 Grounds for Dismissal
Dismissal is defined as the termination of employment during
the term of the contract. Basically grounds for dismissal
fall under the three “I” problem categories.
1. IMMORALITY
INCOMPETENCY
3. INSUBORDINATION
2.
Constitutional Rights of Teachers
 Procedural Due Process
A formal hearing giving the employee a full and fair
opportunity to rebut all charges before a final decision is rendered.
 Freedom of Expression
The Court ruled that neither teachers nor students shed their
constitutional rights to freedom of speech or expression when they
enter the schoolhouse gate. However, this ruling does not mean
that teachers or students are free to say or write anything or
express themselves through dress or other symbolic expression in
any way they choose.
 Right to Associate
The courts have ruled that teachers have the right of free
association and that unjustified interference with this right by
schools violates the Fourteenth Amendment.
 Academic Freedom
Academic freedom refers to the teacher’s freedom to discuss
the subject-matter discipline and determine the most appropriate
instructional methodology. Academic freedom is not without limits.
For example, teachers do not have the ultimate right to determine
course content or select textbooks—that authority belongs to the
school board.
Although teachers have limited freedom in determining the
content of the curriculum, they have a greater freedom in choosing
the particular strategies to teach the prescribed content.
 Rights of Privacy: Employee Searches
As stated in Chapter 11, the Fourth Amendment guarantees a
person the right “to be secure in their persons, houses, papers and
effects against unreasonable search and seizures.”
Teacher Rights: Freedom from Employment
Discrimination and Sexual Harassment
 Employment Discrimination
School districts and their employees are prohibited by the
Fourteenth Amendment and numerous state and federal statutes from
engaging in practices that intentionally discriminate against employees
or students on the basis of race, gender, age, religion, national origin,
or disability. Most cases alleging employment discrimination are
brought under Title VII of the Civil Rights Act of 1964 (as amended) or
other Civil Rights statutes.
 Sexual Harassment
Sexual harassment is considered a form of sexual
discrimination prohibited under Title VII. According to Title
VII, sexual harassment occurs when unwelcomed advances or
requests for sexual favors are made a condition for being
hired, receiving a raise or promotion, or any other benefits of
employment (quid pro quo harassment) or where verbal or
physical conduct is sufficiently severe or pervasive as to
unreasonably interfere with an individual’s work performance
or to create an intimidating, hostile, or offensive work
environment (hostile environment harassment).
Equal Opportunity and Affirmative Action
Equal opportunity requires
that school districts and
other agencies develop
policies and procedures to
ensure that the rights of
employees and students are
protected, and they are
given equal treatment in
employment practices,
access to programs, or
other educational
opportunities.
Affirmative action goes beyond
equal opportunity. The
principle of affirmative
action holds that ensuring
nondiscrimination is not
enough: what is needed is
affirmative steps to admit,
recruit, hire, and retain
individuals who are
underrepresented in the
workplace or the classroom.
Legal Responsibilities of Teachers
 Reporting Child Abuse and Neglect
Child abuse is defined in both federal and state
statutes. The federal Child Abuse Prevention and
Treatment Act (CAPTA) as amended by the Keeping
Children and Families Safe Act of 2003 defines child
abuse and neglect as:
Any recent act or failure to act on the part of the a parent or
caretaker which results in death, serious physical injures or
emotional harm, sexual abuse or exploitation. It includes an act or
failure to act which represents an imminent risk of serious harm.
(42 U.S.C. 5106)
Legal Responsibilities of Teachers
 Observing Copyrights
Copyright law are designed to protect the author or originator of an
original work from unauthorized reproduction or use of work.
Tort Liability of School District Employees
A tort is defined as a civil wrong that leads to injury of another
(criminal wrongs are not torts) and for which a court will provide a
remedy in the form of an action for damages. To protect both school
district employees and school board members against financial loss
resulting from tort suit, many school districts purchase liability
insurance.
NOTE: The most common category of torts is negligence.
 Standard of Care and Duty
Teachers of younger children are held to a higher standard than are
teacher of more mature students. A higher standard of care is also
required of teachers of special needs a well as of physical
education, vocational, and industrial arts teachers because of the
inherent danger in the activities involved.
 Proximate Cause
The injury would not have occurred had it not been for the
teacher’s conduct.
 Educational and Professional Malpractice
1. Instructional Malpractice Suit
2. Professional Malpractice Suit
Mini Video
 http://www.youtube.com/watch?feature=player_det
ailpage&v=w7YTGqkyD2o
THE STUDENTS
Student Discipline
The term in loco parentis (in place of a parent) , although this doctrine
has been weakened in recent years, school officials do have the
authority—and in fact the duty—to establish reasonable rules of
student conduct designed to protect students and employees, as well
as rules necessary to establish and maintain a climate conducive to
learning.
There are two components which relates to due process:
 Substantive due process-concerned with ensuring that the
government actions are reasonably related to a legitimate state
purpose and not arbitrary.
 Procedural due process-is designed to ensure the processes by
which students are disciplined are fair and equitable.
 Suspensions and Expulsions
Short-term suspension usually are defined as exclusions from
school for periods of 10 day or less long-term suspension and
expulsions are for periods in excess of 10 days.
THE STUDENTS
 Corporal Punishment
As noted in Chapter 11, the U.S. Supreme Court has said that
corporal punishment is not prohibited by the Eighth Amendment. If
the punishment is cruel or excessive, a student may have an assault
and battery claim, and the administrator or teacher administering
the corporal punishment may be found liable under tort law for
injuries sustained. However, punishment administered in a
“privileged manner” is not a tort. Punishment is
said to be privileged when it serves a reasonable
educational purpose and is reasonable in its method
and degree of force.
Search and Seizure
The alarming issues surrounding
drugs, weapons, and violence
has become a concerned around
the matters of search and
seizure. In time past, the Fourth
Amendment protected against
unreasonable search and
seizure but now it has been
interpreted that law enforcement
officials must have “probable
cause” that a crime has been
committed and to obtain a
search warrant prior to
conducting a search.
Freedom of Expression
Free speech is one of our most highly treasured and protected
constitutional liberties.
 Student Publications
Students have the right to free expression and the right to
publish and distribute literature published both on and off
campus, school officials can enact time, place and manner
restrictions to ensure that the students expression or
distribution of student publications does not interfere with the
learning environment or endanger the safety of students or
employees.
 Student Appearance
Gang-related Apparel
School Uniforms
Religious Wear
Sexual Harassment of Students
Sexual harassment is sexual harassment and the same rights that
applies to the teachers applies to students. Student can also be
victims of Quid Pro Quo.
Chapter 10 noted an alarming statistic of 80% of the students in
public schools have been victims of some form of sexual
harassment.
Student Records and Privacy
For every student who attends the
public schools, various records are
kept by school authorities. Questions
about the contents of these records,
and who has access to them are
addressed by federal statute, the
Family Educational Rights and Privacy
Act (FERPA) of 1974 . FERPA provide
protection to parents and students
against unauthorized access to
students educational records while
guaranteeing their right to access.
BALANCING THE RIGHTS OF STUDENTS AND THE RESPONSIBILITIES OF
THE SCHOOL OFFICIALS
Mini Video
 http://www.youtube.com/watch?feature=player_det
ailpage&v=5cmCKYMrOOA
 In the Virgin Islands the Board consist of nine (9)





members
4 from the St. Croix District
4 from the St. Thomas/St. John District
1 At Large member (St. John resident only)
The members are elected by people to serve a four (4)
year term-Note: In the past election the law was change to
staggered terms (every two years two members will be up
for re-election)
No employee of the Department of Education can seek
election to the Board
 VIBE's Website: www.myviboe.com
THE LAW
 Laws are put in place for the mere
protection of all concerned parties. In
this chapter, the framework of the laws
was to assist both the teachers and well
as the students in knowing their legal
rights and responsibilities. It is
important for parents and the teachers
to became familiar with the applicable
laws as well as school board policies in
their state and as in our case our local
district.
Thank you for your interest in my
presentation.
Mrs. Dairdre M. Petersen-Heath
Administrative Assistant
Virgin Islands Board of Education
Sunny Isle Professional Building
Suites # 5 & 6
Christiansted, St. Croix USVI 00820
(340) 772-4144 Voice (340) 772-2895
Fax
Email
Address: dmheath@myviboe.com
VIBE's Website: www.myviboe.com
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CLASS ACTIVITIES
 Flash Cards
 Mock Hearing