Educational Law: Past &
Present
Preparing our Next School Leaders
Dr. Michael J. Vetere, Jr
Associate Professor
Edinboro University of PA
mvetere@edinboro.edu
www.edinboro.edu
Dr. Timothy W. Gilson
Assistant Professor
University of Northern Iowa
tim.gilson@uni.edu
www.uni.edu/coe
Purpose
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Understand what teacher candidates need
to know before they enter the classroom
Understand what teachers need to know
as they begin their teaching careers
Determine where to find laws that affect
educators, schools, and students
General Rules for Educators to
Remember
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Act in Good Faith
Follow school policy
Document everything
Ask when you do not know
Understand that the law changes
Understand that policy’s change
Control of Public Schools
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Function of the State (Federal government
has an interest through enactment of
statutes )
State Department of Education
Local Control of Public Schools
A Few Points to Remember
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Understand the rights and responsibilities
associated with your position
Understand the governance of your school
district
Understand the behavior that is expected
of teachers
Pay attention to sound advice from
respected educators
Professional Rights and
Responsibilities
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Teachers maintain their personal rights
A compelling reason must be established
to restrict freedoms - NEXUS
Courts tend to balance public interest of
the school against the rights of the
individual
Teachers are subject to reasonable
restraints but only if a legitimate,
defensible rationale is established
A Few Points to Remember
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Teachers do not lose their constitutional
rights
Teachers need to avoid personal attacks
and slanderous statements when
exercising rights and expression
Do not knowingly make false statement
School officials cannot discriminate against
teachers for exercising their First
Amendment rights
Teacher Responsibilities
continued
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Religious rights of teachers need to be
respected
Do not need to participate in nonacademic activities
Remember - one person’s rights cannot
infringe upon another individual
Teacher Responsibilities
continued
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Do not assume that you as a teacher have
the right to determine the content of
school’s instructional program. This is not
academic freedom
Do not ignore the culture and mores of
the community
Do not participate in any illegal activity
Tenure and Non Tenure Rights
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Entitled to basic principles of fairness
Tenure will not protect inept or ineffective
teachers – “just cause” issues
Tenured teachers may be legally
dismissed only for specific reasons that
are based upon objective and documented
evidence
Due Process must be followed
Nonrenewal of non tenured professional
does not generally require due process or
reasons. No recourse past local Board!
Certification
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Understand the legal responsibilities of
your state for certification maintenance
Understand the renewal process for your
certification
Understand what your certification permits
you to do in your state
Understand what you need to do if you
change states to maintain your
certification
Students and the Law and the
Educator
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Students and Freedom of Expression
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Students maintain their First Amendment
rights – “not shed at the schoolhouse door”
Cannot be disruptive to educational process
Vulgarity may be prohibited on dress or
messages
The decision to ban a particular form of
expression must be more than just desire
to avoid discomfort or unpopular
Student Expression
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Cannot deprive other students of their
rights
Cannot obstruct hallways or free
movement
Cannot illustrate disrespect for authority,
destruction of property, violation of school
rules
Distribution of material may be regulated
by school officials – time, place, manner
Unsubstantiated fear may not be sufficient
to stop demonstration
Student Expression
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Students need to be involved in creating
publication policies
High standards of responsible journalism
Is the newspaper a limited open forum or
curriculum based?
Censorship
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If prior restriction is issued, than there
needs to be a demonstrated and
compelling justification and could cause a
substantial disruption
Should be established prior to newspaper
publication and established in policy
Discipline, if issued, must be created in
policy and not arbitrary. Students maintain
their due process rights
Bullying
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Most common form of violence in U.S.
schools*
Often a factor in school related deaths*
25% of teachers see nothing wrong with
bullying or “put downs” by students *
*National Association of School Psychologists
What Teachers Need To Do
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Recognize the signs
Watch for the “power seekers”
Watch for exclusions
Watch for signs of violence
Take action to stop the activity including
removal of bully from the classroom or
school environment (school activity)
Notify appropriate school officials
Cyberbullying
The Megan Meier Cyber bullying Prevention
Act
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Intended to impose criminal penalties on
anyone who transmits in interstate a
communication intended to coerce, intimidate,
harass, or cause substantial emotional
distress to another person using electronic
means to support severe, repeated and
hostile behavior.
Facebook and off campus, online
speech
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Third circuit court in Pennsylvania rulings
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February, 2010
3 judge panels
Similar cases; different rulings
Full Circuit Court reheard cases in June
New decision was expected by end of
2011
Search and Seizure
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Students maintain the freedom of
unreasonable search
Factors to consider before a search:
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Age of student
Record of behavior
Gravity of problem
Need for immediate search
Search and Seizure continued
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Reasonable suspicion. Do not include law
enforcement at this point. Law enforcement
needs probable cause
Although many cases may be handled by school
behavior policy, evidence could be turned over to
law agencies
Personal searches should be avoided except for
when imminent danger exists
Conduct the search in a private setting in a non
demoralizing environment
Mass searches are illegal
KNOW YOUR STATE CODE, i.e. strip searches
Technology
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Pagers and Cellular Phones
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Use should not be banned unless sufficient
evidence of disruption or improper use
Guidelines need to be developed governing
use of devices
If not permitted, exceptional cases should be
allowed for emergencies
Policies must be guided by fairness and
considerations of individual student needs
Do phones fit under search & seizure policies?
Technology continued
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Know your school district’s technology
usage policy.
Teachers may use for teaching purposes
Know your internet use policy
Due Process needs to be enforced in
internet cases
Teachers must follow same rules for
proper use of technology in the schools
Technology continued
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Know discipline procedure for misuse of
technology
Know that misuse of technology by faculty
may result in dismissal
Report any misuse of technology
immediately
“If it’s written/typed, it will likely be
admissible in court”
Maintaining Classroom Control
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Do not leave your class unattended
Remember: If you were there, could you
have prevented the incident from
occurring?
React to restrain if needed, but only to
stop disturbance. Do not use excessive
force in any situation
Protection of other students first
Copyright Issues
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Fair Use Doctrine
 Reduces limitations for purposes of
education
 Brevity, spontaneity, cumulative effect
Due Process
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Students have a right to be heard. However,
that hearing is dependent upon length of
discipline to be enforced
Students have a right to representation by
parents or others
Discipline must be appropriate to incident
Have proof to take appropriate action. Do not be
arbitrary
Teachers also have due process rights and need
to be aware of what they are
Understanding FERPA
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Know what you can and cannot release to
others
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Directory information is:
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Name, address, phone, date and place of birth,
extra curricular activities, weight, height,
membership on athletic teams, dates of
attendance, diploma and awards
Parents may request that information not be
released
Student records
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In cases of non-custodial parents, barring
a court order, information must be shared
with both parents involved
Release of student education records
P/T Conference issues, i.e. step-parents,
etc.
NCLB
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Make sure you as an instructional leader
understand the elements of this legislation
How does it affect your classroom?
What you are responsible to do?
What can happen if your students do not
succeed?
Special Education
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Understand inclusion
Understand how different students learn
Lease restrictive environment
Involvement of parents
Involvement of the classroom teacher