School Law and Ethics
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Limitations of Laws as
Guidelines for Teachers
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Laws are purposely general and vague so they
can apply to a variety of specific situations.
Laws were created in response to problems that
arose or existed in the past.
Laws specify teachers’ rights and
responsibilities; they don’t address what
teachers should do.
Professional ethics provide a set of moral
standards for the teacher.
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U.S. Legal Influences on
Education: Federal
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First Amendment
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the Government for a
redress of grievances.
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Fourth Amendment
The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated, and no
Warrants shall issue, but upon probable
cause, supported by Oath or affirmation,
and particularly describing the place to be
searched, and the persons or things to be
seized.
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Fourteenth Amendment
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Section. 1. All persons born or naturalized in
the United States and subject to the
jurisdiction thereof, are citizens of the United
States and of the State wherein they reside.
No State shall make or enforce any law which
shall abridge the privileges or immunities of
citizens of the United States; nor shall any
State deprive any person of life, liberty, or
property, without due process of law; nor
deny to any person within its jurisdiction the
equal protection of the laws.
Due Process: The idea that laws and legal proceedings
must be fair
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Other Federal Laws
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Civil Rights Act of 1964
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No person in the United States shall on the
grounds of race, color, or national origin, be
excluded from participation in or be denied
the benefits of, or be subjected to
discrimination under any program or activity
receiving federal financial assistance.
Title IX
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Prohibits discrimination on the basis of gender
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State Laws
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State laws regulate
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Teacher qualifications
Working conditions
Teachers’ legal rights
School districts responsible for day-to-day
governance of schools
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Teacher Employment and the Law
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Licensure requirements specify minimal levels of
teacher qualifications.
Teaching contracts are legal agreements
between a teacher and a local school board.
Collective bargaining occurs when a local
chapter of a professional organization negotiates
with a school district over the rights of teachers
and conditions of employment.
http://www.dea.org/Images/PDF/8DA-Educators%27%20Agreement.pdf
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Teacher Employment and the Law
(continued)
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Tenure is a legal safeguard to prevent
teacher dismissal without cause.
Reduction in force (RIF) due to declining
enrollment can result in both tenured and
nontenured teachers being released.
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Academic Freedom
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Right of teachers to choose both content
and teaching methods based on their
professional judgment
Protected by First Amendment to the
Constitution
So can teachers just teach whatever they want,
however they want?
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Academic Freedom (continued)
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Influenced by several factors
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Teacher’s goal in discussing topic or using
method
Age of students involved
Relevance of materials to course
General acceptance of the practice in question
Existence of policies related to the issue
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Copyright Laws
Federal laws designed to protect the intellectual
property of authors
Apply to
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Printed matter
Videos
Computer software
Fair-use guidelines specify limitations in the use of
copyrighted materials for educational purposes.
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the purpose and character of the use, including whether such use is
of commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
amount and substantiality of the portion used in relation to the
copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the
copyrighted work.
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Teacher Liability
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Teachers are legally responsible for the
safety of children under their supervision.
In loco parentis (in place of the parents)
requires teachers to use the same
judgment and care as parents in
protecting their students.
Negligence results from a failure to
exercise sufficient care in protecting
students from injury.
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Elements of Negligence
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Duty to Protect
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Teachers have a duty to anticipate foreseeable dangers and
take necessary precautions to protect students in their care.
Specifically, teacher duties include adequate supervision,
maintenance of equipment and facilities, and heightened
supervision of high-risk activities.
Exercise a Reasonable Standard of Care
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The degree of care exercised by a "reasonable"
teacher is determined by factors such as:
(a) the training and experience of the teacher in charge,
 (b) the student’s age,
 (c) the environment in which the injury occurred,
 (d) the type of instructional activity,
 (e) the presence or absence of the supervising teacher,
 (f) a student’s disability, if one exists.
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Elements of Negligence
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Proximate Cause
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Was there a connection between the breach
of duty by the teacher and the student’s
injury? Was the injury a natural and probable
cause of the wrongful act (i.e., failure to
supervise), and ought to have been foreseen
in light of the attendant circumstances?"
(Scott v. Greenville, 1965).
Actual Injury
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Was there an actual physical or mental injury?
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A paraprofessional in your classroom is
trying to calm an agitated student when
suddenly the student throws his books
across the room, turns over his desk, and
starts hitting the paraprofessional. You
take the student’s arms and walk him into
the timeout room. The student struggles,
curses, and screams that you’re a child
abuser and that his parents will sue you.
The next morning the principal calls you
and tells you that a policeman is in his
office to take a report from you regarding
a possible incident of child abuse. What
can you do to protect yourself from this
false allegation?
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You hear a fight starting outside your
classroom. Two students who are engaged
in an argument begin to push and shove
each other. You tell the students to break
it up and report to their next class. One
agrees but the other throws a punch at
the other student. You grab the student
that is continuing the confrontation and
lead him away. The student snarls at you,
"Get your hands off me, I have my rights."
Have you violated his rights?
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A group of students run down the hallway
on their way to lunch. They pass by two
teachers who are on duty. A student steps
out of a classroom and collides with the
group of running students and is knocked
to the floor, breaking an arm. The student
policy handbook clearly states no running
in the hallways. Are the teachers that
observed the behavior and did nothing
liable? Explain why or why not.
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Two students are roughhousing in the
bleachers of the school gymnasium as
they wait for the bell indicating class
change at the end of Physical Education
class. The P.E. teacher is in his office
preparing for the next class. The teacher's
office is inside the locker room, not
adjacent to the gym. One of the students
falls down the bleachers striking his head
on the floor and is knocked unconscious
momentarily. It is later found that he has
a mild concussion. Was the P.E. teacher
negligent? Explain why or why not.
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Child Abuse
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All 50 states and the District of Columbia
have laws requiring teachers to report
suspect child abuse.
These same laws protect teachers who
“act in good faith” and “without malice.”
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Teachers’ Private Lives
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Teachers are held to a higher standard of
conduct than ordinary citizens.
Moral standards are not absolute, varying
within specific communities.
When teachers break the law, the
notoriety, or the extent to which a
teacher’s behavior becomes known or
controversial, can determine teacher
dismissal.
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Teacher Tenure
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Designed to protect teachers from political
or personal abuses and ensure the
stability of the teaching force
Controversial because critics say it
protects incompetent teachers
Administrators and teachers differ on the
need for tenure
http://www.schools.utah.gov/uppac/
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Religion and the Law
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First Amendment to the Constitution provides for
the separation of church and state but does NOT
prohibit individuals from practicing religion.
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Congress shall make no law respecting
an establishment of religion, or
prohibiting the free exercise thereof;
Students can pray in schools, but neither school
officials nor teachers can lead or sanction
organized prayer in schools.
Religious clubs and organizations can meet on
public school grounds.
Teachers can teach about religion but not
advocate for religion.
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Ethics
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Utah Educator Ethics
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State Board Rules
Ethics scenarios
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Student Freedom of Speech
Congress shall make no law . . . abridging
the freedom of speech, or of the press;
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Protected by the First Amendment to the
Constitution
Cannot interfere with school learning or the
school mission
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Sit down strikes?
Class discussions?
May apply to student newspapers, but this
freedom could be limited for “legitimate
pedagogical concerns.”
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Permissible Search and Seizure
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and
seizures,
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Fourth Amendment to the Constitution protects
citizens against unlawful searches and seizures.
School searches are permissible if they target a
specific problem such as drugs or potential
violence.
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Drug sniffing dogs
Search notebooks, pockets
Nonintrusive student searches, such as metal
detectors, have been found legal by the courts;
strip searches, however, have been found
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unconstitutional.
Student Records and Privacy
FERPA, The Family Educational Rights and
Privacy Act, also called the Buckley
Amendment, requires schools to
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Inform parents of their rights regarding their child’s
records
Provide parents access to their child’s records
Maintain procedures that allow parents to challenge
and possibly amend information that they believe is
inaccurate
Protect parents from disclosure of confidential
information to third parties without their consent
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Student Records and Privacy
(continued)
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This amendment excludes teachers’
private notes, grade books,
correspondence with administrators, and
letters of recommendation in which
students waive access.
Teachers may ask other students to grade
homework or classroom work if it is part
of classroom instruction.
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State FERPA
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Activities prohibited without parent consent:
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Discussion of
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Political, religious affiliations
Parental income
Sexual behavior
Psychological problems
Within curriculum and other school activities
Parents can see copies of surveys, interview
protocols, etc.
This section does not limit the ability of a student
to spontaneously express sentiments or opinions
otherwise protected against disclosure under this
section.
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Corporal Punishment
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Is NOT prohibited by the Constitution
Is prohibited in 28 states and the District
UTAH – Illegal!
of Columbia
Is advised against by most educational
psychologists and educational experts
because of its negative effects on students
http://school.familyeducation.com/classroom-discipline/resource/38377.html
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Students’ Rights in
Disciplinary Actions
Students have a right to an education; in
expulsions that last longer than 10 days, the
following due process must be met:
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A written notice specifying charges and the time
and place of a fair, impartial hearing
A description of the procedures to be used,
including the nature of evidence and names of
witnesses
The right of students to legal counsel and to crossexamine and present their own evidence
A written or taped record of the proceedings as well
as the findings and recommendations
The right of appeal
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Students’ Rights in
Disciplinary Actions (continued)
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Suspensions of students with
exceptionalities must take into account
whether the behavior was linked to the
exceptionality.
“Manifestation Determination”
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Utah Professional Practices
Advisory Commission
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The committee that hears cases of
educator misconduct.
Publishes a monthly newsletter about legal
issues for teachers.
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http://schools.utah.gov/uppac/
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Group Assignment
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In a group of two or three, select one
issue of the UPPAC newsletter.
Read through the issue, noting elements
of interest.
Present a summary of the “Case of the
Month”
Present a summary of the impact on the
classroom of the “Recent Education Cases”
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