Emerging Legal Issues
in School Law: What All
Teachers Need to Know
Suzanne Eckes
Indiana University
Agenda
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Quick Overview of Session
Overview of Important Legal Questions
Application to Real World Examples
Ethics and the Law
Closing Thoughts
Legal Issues
The Harvard Educational Review revealed
that the vast majority of teachers have
taken no course in school law in their preor inservice programs. The survey also
indicated that most teachers were
uninformed or misinformed about the
rights of students and teachers (Schimmel
& Militello, 2007).
Motivator
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Brainstorm in groups and try to
respond to the three scenarios at
your table.
Key Topics
1.
2.
3.
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7.
8.
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10.
Harassment and Bullying
Special Education Law
Student Discipline
Student Expression
Teacher Expression
Negligence in the Classroom
Church and School Entanglement
Instructional Issues
Teacher Lifestyle
Teacher Dismissal
Student Searches
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What are the legal and ethical issues
involved in searching students? How does
the Fourth Amendment apply?
Scenario
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A student tells principal Kal Koncern that
Sharon Shy gave her marijuana. Kal tells
the school nurse to search. Finding no
drugs in Sharon’s backpack, the nurse has
Sharon take off her clothes and pull out
her bra and underwear. Are there any
legal and ethical concerns? (Schimmel,
Eckes, & Militello, 2010).
Search and Seizure Clip
Teacher Searches
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Is it permissible to search teachers’ email
accounts?
What about legal/ethical issues with
drug testing teachers?
Harassment
 Under
Davis v. Monroe (1999),
school districts can be held liable
for peer sexual harassment.
 What do teachers need to know?
Real World Examples: Why is
this topic relevant to teachers?
Listen to the following podcast from
National Public Radio. It was
featured on March 25, 2010.
 In March 2010 a federal district court
in Michigan awarded a student
$800,000 because school officials
failed to appropriately respond to
known acts of harassment.
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The Research: Harassment in Schools
Studies have indicated that as many
as 80% of students experience some
form of harassment in public schools
(American Association of University
Women, 2001).
 Harassment against students with
disabilities and GLBT students in
public schools is even more prevalent
(Eckes, 2006).
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Ethical Issues with Bullying?
Quote
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“Far from childish pranks, sexual
harassment in the school setting consists
of serious misconduct that can have a
devastating effect on students at the
receiving end.”
~Verna L. Williams (Represented the
petitioner in Davis v. Monroe County
Board of Education)
Teacher Speech
The First Amendment restricts
teachers’ speech rights when they are
are speaking pursuant to their job
responsibilities. What does this mean
for YOU?
Video Clip Related to Speech
Video Clip: Teacher Speech
Scenario
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A teacher frequently complained to her
principal and board members that the
school district was not providing the
necessary resources to her gifted and
talented students. She also noted that the
district’s white students were
disproportionately represented in the
program. The principal removed her from
the G&T program. What are the legal
considerations?
Religion
Must teachers permit students to pray
during the school day?
http://seattletimes.nwsource.com/html/educ
ation/2003062394_prayer15m.html
 Can a teacher wear hijab in the
classroom?
 May religious clubs meet after school?
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Student Speech
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Do students shed their constitutional
rights at the school house gate?
-Current developments.
Student Speech
Teacher I. M. Caring prohibited two
student T-shirts that were designed to
protest the high school’s Tolerance Day.
One shirt read, “Be Happy, Be Straight”;
the other read, “Homosexuals are Sinful
and Shameful.” What are our legal and
ethical considerations?
Be Happy, Not Gay
Homosexuality is Shameful
Teacher Conduct
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May school officials control
teachers’ out of school conduct?
-A chemistry teacher appeared in
pornographic movies ten years before
she began teaching. The law
permitted the nonrenewal of her
contract. What are the ethical
questions involved?
Out of School Conduct Clip
Other Issues
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Special Education
FERPA
Discipline
Negligence
Instructional Issues
Teacher Dismissal
Closing
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In groups of four respond to the exit
questions provided at your table.
Be sure to take handout containing my
contact information and case summaries.
References
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See handout for all references included in
this powerpoint.