Chapter 3 Due Process Rights of Students 41 results (showing 5 best matches)
- Until relatively recently, decisions to suspend or expel pupils were made on the convenient assumption that to attend public schools was a privilege which could be taken away at the discretion of the school authorities. Students who offended, or were thought to have offended, school rules could be summarily dismissed from school with no redress or opportunity to present their side of the story. The courts have generally held that children have a constitutional interest in attending public schools and cannot be deprived of that interest without due process of law. A state can only deny the benefit of a public school education after providing due process of law. Once the state extends the benefit of education to all persons, education acquires the substantive constitutional status of a property interest and is ...accompanying constitutional due process protections. Liberty interest may also be implicated. Education can be denied, but it can only be taken away after the requirements of...
- The federal constitution does not protect education as a fundamental right, but does protect education as a “property” interest when state law establishes a public school system to which all children have a right to attend. Where the right of attendance in public school is extended to all children throughout a state, the state then cannot selectively deny education without procedural due process. Thus, when the state creates a public school system, education is effectively established as a property right or interest for all pupils. The student’s property interest in attending school is not absolute and can be denied with proper procedural due process.
- set in motion the standard that a student’s interests in education and the student’s liberty to be educated could not be taken away without procedural due process. Many subsequent cases sanctified this principle of law, but the most influential of the later litigation is found in wherein the U.S. Supreme Court explained in detail what constituted due process of law under the Fourteenth Amendment as applied to public school education, in both its substantive and procedural contexts. In
- Education has been determined to have a substantive aspect within the context of property. Property encompasses those individual interests which are created by state statutes that entitle all citizens to a certain benefit. When a state creates a public system of education to which all children are entitled to benefit, each child is vested with a “property” interest.
- In 1923 the U.S. Supreme Court created a nexus between acquisition of knowledge and an individual’s liberty interest under the Due Process Clause of the Fourteenth Amendment. The Due Process Clause says that “No state . . . shall deprive any person of life, liberty or property without due process of law.” According to the Court, the word “liberty” has a substantive aspect which invests each person with a . From 1923 until 1961 there was no further definitive development of education as a substantive due process interest. Generally, during that period, the precedent was construed very narrowly, having little implication for education rights, generally.
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Chapter 10 Education of Children with Disabilities 71 results (showing 5 best matches)
- The terms “inclusion,” “full inclusion” and “integrated services” are not found in Public Law 94–142 (EAHCA, 1975) or Public Law 101–476 (IDEA, 1991) or regulations for these acts. The inclusion rationale emerged from the U.S. Department of Education in the early 1980s under the “regular education initiative.” Regular education initiative advocates criticized special and regular education because children with disabilities were not being placed in general education classes frequently enough. Although not set forth in the statute or regulations, these terms are now being used by the courts when addressing the child’s “least-restrictive environment.”
- Importantly, the IDEA assured that all children with disabilities have access to “a free appropriate public education and related services designed to meet their unique needs.” The appropriate educational program must be tailored to the educational needs of each child with disabilities. Under the law, an “individualized education program” (IEP) must be designed for each child, and review of the program must be conducted annually. Another provision mandated that children with disabilities be educated in the “least-restrictive” environment appropriate to their needs. This provision required that children with disabilities be included in general education classes when possible. A general education class with appropriate supplemental services is considered to be preferable to special classes, special classes are considered to be preferable to separate special schools, and special schools are considered to be preferable to homebound instruction. If no public facilities are available,...
- (PARC), was brought by the parents of 17 children who claimed that Pennsylvania laws enacted prior to 1972 were unconstitutional. . The laws allowed for exclusion of children with disabilities from public school if they were certified by psychologists as “uneducable and untrainable.” The parents claimed that: 1) the law did not provide for appropriate due process measures to be taken before exclusion, such as notice to parents and a proper hearing; 2) the children were denied equal protection because they were declared to be uneducable without a rational factual basis for such determination; 3) the state constitution guaranteed education for all children; and 4) the law which excluded children with disabilities was arbitrary and capricious. The federal district court held that exclusion of children with disabilities was, indeed, unconstitutional, that: “having undertaken to provide a free public education to all its children, including its exceptional children, the Commonwealth of...
- By virtue of the IDEA, a child with a disability has a right to an education and does not need to show that he or she will benefit from an education in order to attend public school. Whether such a right exists was one of the primary issues emerging from the enactment of the Individuals with Disabilities Education Act (IDEA). The issue was whether the severity of disability can be so great as to render the child incapable of benefiting from education. The theory is that if a child cannot benefit from the educational process, then the state is not required to provide an educational service to the child. Indeed, the question as to whether a showing of benefit is required at all was the subject of litigation of primary importance for education of children with disabilities in a leading case, . The court answered very clearly and held that IDEA does not require a child to demonstrate a benefit from the education as a condition precedent to participation.
- IDEA gives children with disabilities the right to a free appropriate public education (FAPE). The key to meeting the requirements of IDEA is to determine what constitutes an appropriate education. In the most authoritative statement yet made in interpretation of IDEA, the United States Supreme Court in ...question “What is meant by the Act’s requirement of a ‘free appropriate public education?’ ” The case arose when parents of Amy Rowley, a deaf student, contested the appropriateness of the educational program provided her by the Hendrick Hudson School District. Amy had minimal residual hearing and was an excellent lip reader. After meeting with her parents, and prior to her entering school, it was decided to place her in a kindergarten class where she would have supplemental assistance. She was to be provided with an FM hearing aid which would amplify words spoken into a wireless receiver by the teacher and other students during classroom activities. Amy successfully completed...
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Chapter 1 Attendance in Public Schools 61 results (showing 5 best matches)
- If, however, state law regarding residency works to completely deny school attendance in all districts of a state, the constitution may be violated. Children of illegal aliens have been held to have a right to attend the public schools of Texas when the alternative was that they would receive no public education at all. plaintiffs, illegal aliens, challenged a state statute in Texas which withheld state school funds for the education of children who were not legally admitted into the United States and which authorized local school districts to deny their enrollment. The plaintiffs claimed that the statute violated the Equal Protection Clause of the Fourteenth Amendment which states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” The state of Texas in defense maintained that the provision in the clause “within its jurisdiction” excluded consideration of aliens and, further, contended that such a classification was rational because it...
- The state’s interest in public education may be generally encompassed within two aspects: 1) the attainment of knowledge and 2) socialization. In this regard, states will prevail in defending compulsory attendance laws by requiring some assurance of quality of education and by maintaining that attendance in public schools with other children from various walks of life promotes tolerance and understanding of others.
- Legal authorization for the creation and maintenance of free public schools is found in the education clause of state constitutions. Within the boundaries of these constitutional provisions legislatures enact laws which prescribe admission and attendance requirements. Education clauses of state constitutions may designate an age span, such as between six and twenty years of age, for which the state shall provide an education. These constitutional provisions are viewed by the courts as requiring state legislatures to provide for public education covering at least this age group, but do not prohibit the legislatures from expanding educational opportunity beyond the specified ages.
- The fact that education is a compelling “public interest” gives the state, in its sovereign power, the right to make reasonable laws with regard to education even though some parents may believe that such laws encroach on their religious freedom. In a Maine case, the state required that information be submitted to the school board for prior approval before allowing home instruction. The parents refused for religious reasons. The court found that providing such information was reasonable. The court reasoned that even though the parents were motivated by sincerely-held religious beliefs they still had to fulfill the state’s prior approval requirements because the state’s “public interest in education” outweighed the parents’ private religious beliefs.
- In attempting to show a compelling interest, Wisconsin maintained that education is necessary to prepare citizens to participate effectively in our democratic system of government. In response, the Court observed that the Amish community is a unique and special case which has been “highly successful as a social unit within our society” and that its members had an exemplary record as productive and law-abiding citizens. With regard to participation in the democratic process, the Court held that the brief period of education from ages fourteen to sixteen, the period in question when the Amish children would be compelled to attend high school, was not a period of time significant enough to justify “severe interference with religious freedom.” ...to formal secondary education had enabled the Amish to function effectively in day-to-day life of contemporary society as a “separate and sharply identifiable and highly self-sufficient community for more than 200 years in this country.”...
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Introduction 5 results
- This Sixth Edition is designed as a textbook for undergraduate and graduate courses of study in teacher training and public school leadership in colleges of education, and as a handbook for on-the-job teachers and practicing school administrators. Too, the book provides a good summation of the legal landscape for lawyers who serve as school board attorneys, and of course, professors who may teach education law in a university college of law. In concise and non-technical terms it explains the prevailing law as it governs the operation of America’s public schools. As we all know, professional personnel in today’s public schools are to a great extent reluctant recipients of the legal overburden emanating from our litigious society. Parents and students frequently see the school in a legalistic adversarial context that is obviously contrary to the cooperative community perspective originally envisioned for the common school. In spite of these diversions endemic to our modern social...
- While the encumbrances of the manifold laws and regulations that flow down upon the public schools from both state and federal governments are sometimes excessive and not always necessary, by-in-large these laws have worked to vastly benefit both the children who partake of education and teachers who are the purveyors of vast stores of knowledge and skills. The network of these laws ultimately works to bestow upon the next generation abilities and capacities that enable each fledgling citizen to obtain personal autonomy and to understand, value, and defend our basic liberties and freedoms.
- The pages of this book explain in simplified non-legalese the laws that protect children, enhance their learning opportunities, and assure teachers of the academic freedom and security to pursue the teaching profession without fear of undue restraint. As a practical guide to the legal aspects of public schools, this book includes explanations of laws that govern such important issues as student rights and prerogatives pertaining to compulsory attendance, pupil suspension and expulsion, discipline, child abuse, personal appearance, academic testing and grading, drug testing, search and seizure, freedom of speech, publications, records, and religious observances. Too, importantly, the emerging law of social media, i.e., cyberbullying is explained. Considerable attention is given to the federal and state statutes and court cases having to do with education of children with disabilities and the many aspects of the laws prohibiting discrimination on the
- Noteworthy detail is devoted to the rights of teachers as protected by various constitutional provisions. The terms and conditions of the teacher’s employment relations with the school board are fully explained, encompassing contracts, tenure, and processes for dismissal, including incompetence, insubordination, neglect of duty, moral turpitude, etc. In particular, civil rights legislation is discussed with appropriate attention given to teacher employment rights as required by Title VII of the Civil Rights Act of 1964 and other federal statutes protecting teachers against gender, age, and disability discrimination. Further, the current and emerging issues pertaining to search and seizure are expanded upon in considerable detail. Any book about education law would be remiss if it did not fully explain the potential for civil liability that accompanies employment as a teacher or school administrator; this book pays special attention to that topic. Also, a good reading of the tort...
- All projects of this nature are dependent on the support of a few key players. With this book Kathleen Henkel was the indispensable person who managed the entire undertaking of manuscript preparation. Her scheduling, editing and research skills were essential, indeed critical, to the entire process. Moreover, the speed and accuracy of her typing was beyond comparison. We are very much indebted to Lydia Allen who provided ready assistance and support throughout preparation and production of the book. Too, we wish to extend our sincere appreciation to Dr. Melinda Robinett, Director of Services for Exceptional Children, at Danville City Public Schools, Danville, Virginia, who rendered valuable service to us in reviewing the chapter dealing with the education of children with disabilities. Her expertise and insights regarding this important aspect of education were essential to our interpretations. Finally, we wish to express our thanks to Louis Higgins, Mac Soto, and Elizabeth...
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Chapter 2 The Instructional Program 33 results (showing 5 best matches)
- Mandatory sex education courses have been upheld where students and parents maintained that required sex education courses violated their religious beliefs. A federal district court held in a Maryland case that the interest of the state in “healthy, well-rounded growth of young people” is properly enforced through required sex education courses regardless of the parents’ objections based on religious scruples.
- A minority view of some courts is that the compulsory nature of sex education courses may, possibly, make them questionable as an invasion of privacy or an encroachment on the free exercise of religion. The Supreme Court of Hawaii upheld a sex education program promulgated by the state education agency, but in so doing appeared to base its approval on the fact that the program was not compulsory. . No court has ruled, though, that sex education courses are unconstitutional and boards of education appear to be within their rightful authority when they require sex education, and there is little doubt that boards are acting constitutionally when the sex education courses are non-compulsory or have an “excusal” arrangement whereby parents may request that their children not be involved. A state board of education regulation requiring that local school districts develop and implement a family life education course which included teaching about human sexuality did not violate a student’s...
- The courts have held that to stifle teachers’ ardor to investigate and experiment with new ideas is an “anathema” to the idea of education. Imposition of an intellectual straitjacket on teachers or educational leaders would, according to Chief Justice Earl Warren, “imperil the future of our nation.” Society is best served when there is wide exposure to truths and an unlimited exchange of ideas; thus, the classroom is viewed as an intellectual marketplace protected by law.
- discharging their duties to provide public education. In commenting on the extent of these powers, the U.S. Supreme Court said in that: “By and large, public education in our nation is committed to the control of state and local authorities. Courts do not and cannot intervene in the resolution of conflicts which arise in the daily operation of school systems and which do not directly and sharply implicate basic constitutional values.”
- During the last three decades boards of education have increasingly introduced sex education courses into the public school curriculum. While in most cases the implementation has gone smoothly, in some instances, parents have challenged the efforts as encroachments on religious liberty and privacy. In each instance the courts have rejected the parental claims maintaining generally that such requirements are within the police power of the state.
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Chapter 14 Student Testing 8 results (showing 5 best matches)
- A person’s interest in receiving a public education is beyond a mere “unilateral expectation,” it is essential to success in today’s society. A high school diploma is a means to social and economic mobility. Also, the high school diploma is a prerequisite to admission to higher education. Thus, public education which culminates in the all important diploma may be viewed as an entitlement to every citizen. However, even though a person has a property interest in public education and, ultimately, in a high school diploma, this interest can be denied if a student does not perform to expectations. Public education and the diploma can be denied by following judicial requirements of procedural due process.
- The state has the authority to set standards for promotion and graduation in public school programs and to establish criteria by which students are to be evaluated. One of the commonly used criteria is, of course, some type of examination. Boards of education have the right, if not a positive duty, to develop reasonable means to determine the effectiveness of their educational programs, with respect to all individual students to whom they issue diplomas, and that tests are a reasonable means of accomplishing this purpose.
- Brookhart v. Illinois State Board of Education
- Tests that are not validated for the purpose for which they are used may violate the Equal Protection Clause or Title IX of the 1972 Education Amendments. This was the situation in New York
- that “. . . provisions of the Rehabilitation Act and the Education for All Handicapped Children Act [were violated] (1) by not insuring that the tests were validated for the specific purpose for which they were used, and (2) by not using the variety of statutorily mandated evaluation tools.” To determine whether the children’s rights under Title VI of the 1964 Civil Rights Act were violated, the court applied the “discriminatory
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Chapter 5 Religion in Public Schools and State Funding of Clerical Schools 33 results (showing 5 best matches)
- The concept of education “divorced from denominational control was foreign to the colonial mind.” Leo Pfeffer, case, 1948, explained: “Traditionally, organized education in the Western world was Church education. It could hardly be otherwise when the education of children was primarily the study of the Word and the ways of God. Even in Protestant countries where there was a less close confluence of Church and State, the basis of education was largely the Bible, and its chief purpose inculcation of piety.” The creation of public schools, the Age of Reason, and the ascent of science were dependent on the removal of education from the control of the Church.
- was whether under Chapter 2 of the Education Consolidation and Improvement Act of 1981, lending materials and equipment, such as library and media materials, computers, etc., to church schools violated the Establishment Clause. Justice Thomas wrote that Chapter 2 does not constitute a law “respecting” an establishment of religion simply because church schools receive the aid. Thomas recast the
- To the extent that the State intervened, it used its authority to further the aims of the Church. “The immigrants who came to these shores brought this view of education with them. Colonial schools certainly started with a religious orientation.”
- Board of Education of Central School District No. 1 v. Allen, 392 U.S. 236 (1968)
- Cochran v. Louisiana State Board of Education, 281 U.S. 370 (1930)
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Chapter 13 Student Records, Defamation, and Privacy 31 results (showing 5 best matches)
- In addition, treatment records “made or maintained by a physician, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity” and used in the treatment of an eligible student may be excluded from the definition of “education records” in federal law and are not automatically accessible to the student.
- The term “education record” applies to all records, files, documents and other materials that contain information directly related to a student, maintained by an education agency, local school district, or any other person, agency or institution acting for the school district. For example, images taken by surveillance videos are “education records.”
- is employed in a position that has, or appears to the public to have, substantial responsibility for or control over the conduct of governmental affairs. In holding that school principals are public officials, this court said that education is an essential governmental function, that state compulsory attendance laws reflect the centrality of public education, and that principals are the persons who control, supervise, and govern the public schools; thus, principals are “public officials.”
- Legitimate inquiry regarding a student’s educational performance may be made by other teachers, school administrators within the same school or school districts, as well as by educational and employment agencies outside the school or school district proper. The Family Education Rights and Privacy Act (FERPA) discussed above in this chapter, provides guidelines in this regard. At common law, a teacher is protected if communication is given in response to proper inquiry.
- Under the Family Educational Rights and Privacy Act (FERPA), parents have the right to inspect their children’s education records. Parents and students over age 18 must receive annual notification of this policy. The rights of parents are transferred to the student upon the student becoming “eligible.” “Eligible” means the student has reached the age of 18 years. Student records are to be maintained by the school, and parents have the right to request that student records that they believe to be inaccurate or misleading be removed. Should the school refuse, the parent or eligible student is entitled to a hearing regarding the issue. Generally, schools must have written permission from the parent or eligible student to release information from the student’s education record; however, FERPA permits schools to release such records to other school officials with a ..., and others as specified in the law. Schools may release without permission of the parent or eligible...
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Chapter 11 Student Gender Discrimination 19 results (showing 5 best matches)
- The Education Amendments of 1972, , contained Title IX, the law that forbids discrimination based on gender. Title IX prohibits discrimination not only for athletics and other extracurricular activities but also for financial aid, testing, curricular offerings, pregnancy and marital status. In 1984 in , the U.S. Supreme Court interpreted the section of Title IX which states “any education program or activity receiving federal financial assistance” to mean that the specific program must be receiving federal funds for Title IX to apply. In other words, federal funds provided to an education program would be subject to Title IX restrictions only if the alleged discrimination occurred in the specific program that actually received the federal funds. This program-specific approach obviously excluded interscholastic athletic programs because they do not receive federal funding.
- The “Department of Education’s letter interpreting its Title IX regulation permitting schools to provide sex-segregated bathrooms, in which [‘the] Department [of Education] instructed that schools must treat transgender students consistent with their gender identity if they provided sex-segregated bathrooms, was entitled to deference.”
- In their seminal work on education,
- Education in America reflects the norms of society; if society is unjust, then the educational system is likely to be also. Societal standards have historically assumed that women and men should play different and carefully delineated roles. Cultural stereotypes of males and females spilled over to the schools where boys played interscholastic athletics and girls were the cheerleaders or majorettes. Athletic activity by girls was generally confined to intramural sports or to physical education classes. However, the emergence of Title IX in 1972 constituted a watershed event in women’s rights and had a profound and permanent effect on opportunities for females. Today women are advised to participate in school programs, enter occupations which were formerly male enclaves, to enter colleges and graduate, and to pursue careers in professional schools once reserved for men only.
- In recent years, legislation and court decisions have sought to completely eradicate gender discrimination in public schools and to the extent possible in society at large. Gender discrimination among students in public schools is prohibited by the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution and Title IX of the Education Amendments of 1972.
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Chapter 8 Student Discipline 30 results (showing 5 best matches)
- In commenting generally on corporal punishment, the Supreme Court said that even though professional and public opinion is sharply divided on the practice, at common law a single principle has governed the use of corporal punishment: “Teachers may impose reasonable but not excessive force to discipline a child.” The prevalent rule in this country today allows such force that a teacher or administrator reasonably believes to be necessary for [the child’s] proper control, training and education. Further, the Court observed that to the extent that the force used by the teacher is unreasonable or excessive, virtually all states provide the student with a possible criminal law remedy and additionally a possible claim for damages may lie in a tort action. Therefore, the law provides redress to the student in both tort and criminal law.
- pointed out that, “Public school teachers and administrators are privileged at common law to inflict only such corporal punishment as is reasonably necessary for the proper education and discipline of the child; any punishment going beyond the privilege may result in both civil and criminal liability . . .” . Thus, for teachers and administrators in states where corporal punishment is permitted, the standard that must be adhered to is common law “reasonableness.”
- An essential part of state child abuse and neglect statutes is the mandated reporting of suspected instances of child abuse and neglect. State child abuse laws mandate that teachers and other “mandatory” persons report suspected instances of child abuse and neglect. Such abuse laws are not limited to incest, rape, sexual offense, and sodomy, but may also include explicit written communications with children.
- Daily v. Board of Education of Morrill County School District, No. 62-0063, 588 N.W.2d 813 (Neb.1999)
- . The U.S. Supreme Court has been hesitant to create a layered standard for liability superimposed upon normal common law tort. An intentional act that harms another will not normally rise to a level of liability remedied by invocation of constitutional substantive due process. However, it may reach the “substantive due process level” if injury is caused by egregious behavior. For example, in a case where a coach struck a student with a “weight lock,” knocking the student’s eye out of socket, the federal appellate court found that the
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Table of Cases 162 results (showing 5 best matches)
Chapter 4 Freedom of Speech and Expression 31 results (showing 5 best matches)
- Several states now have modified their laws governing suspension and expulsion of students to require that offending students be placed into alternative public education programs apart from the regular school program, rather than complete exclusion from school. In a case where a student was suspended from school for violation of alcohol policy, the court found that the school board’s refusal to place the student in an alternative education program violated the student’s constitutional rights.
- Lipsman v. New York City Board of Education, 1999 WL 498230 (S.D.N.Y.1999)
- Vines v. Board of Education of Zion School District No. 6, 2002 WL 58815 (N.D.Ill.2002)
- Bush v. Dassel-Cokato Board of Education, 745 F.Supp. 562 (D.Minn.1990)
- Board of Education of Independent School District No. 92 v. Earls, 536 U.S. 822 (2002)
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Chapter 15 Terms and Conditions of Teacher Employment 29 results (showing 5 best matches)
- In 1993 the Governor of Massachusetts signed into law an Education Reform Act, and pursuant thereto the state board promulgated a regulation that requires math teachers in low scoring schools and math teachers not certified in math, but teaching math, to take an assessment test. Results of the test were used as diagnostic tools in providing individual professional development plans. The Court ruled the regulations were within the Board’s authority and did not violate equal protection or the due process rights of the teachers who were required to take the test.
- Education is a state responsibility; consequently, certification differs in each state depending on the statutory provisions and regulations. Each state has the responsibility for certification or decertification (revocation of license) and in normal circumstances this responsibility is delegated to a State Board of Education and/or to a Department of Education. These agencies administer the certification process and promulgate rules and regulations. The certification process is generally less involved than decertification. A teacher who is decertified has a right to know the cause of revocation and the
- Keatley v. Mercer County Board of Education, 490 S.E.2d 306 (W.Va.1997)
- ...require that all teachers have a college degree as a condition precedent to certification. Some states have made provisions for qualified or conditional certification where teachers have completed only a specified number of college units that have to be upgraded within a specified period of time. College credits usually are required in the subject area (i.e., history) in which the teacher plans to teach. Concomitantly, states usually require the appropriate professional curriculum and methodology classes. In addition to higher education training, states require that individuals aspiring to be teachers be of: 1) good moral character, 2) a specified age (usually 18 or older), and 3) a citizen of the United States, or if not already a citizen, the applicant must intend to become a citizen. Some states require pledging loyalty to the constitutions of the state and United States. In recent years, some states have instituted a teacher examination. All states approve the content...
- In most states, certifying agencies are vested with discretionary authority. This discretion is particularly important when applying the elusive standard of moral conduct or appropriate and good behavior. In one case, an Oregon policeman was convicted of breaking and entering and grand larceny. After serving his term, he completed all the college requirements to apply for a teaching certificate but was denied. The crux of the question was whether he had overcome his questionable past. State certification standards required that an individual be of good moral character. It was the determination of the State Board of Education that he had not overcome his past indiscretions and therefore he was denied certification. The courts generally refuse to question the discretion of a Board’s decision unless it can be shown that the board members acted arbitrarily or capriciously.
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Chapter 12 Civil Liability 39 results (showing 5 best matches)
- Teachers are specially educated and trained to teach and work with children and young adults. Teachers hold college degrees and are certified in educational methodologies. As such, teachers hold themselves out to the public as possessing superior skills and understanding of educational processes. By virtue of these attributes teachers may be held to a higher standard of conduct than the ordinary person without commensurate education and training. The teacher’s required conduct in tort law may be that of a reasonably prudent teacher in the same or similar circumstances rather than the lesser standard of merely a reasonably prudent person.
- One seldom mentioned provision for such protection in federal law was in the federal omnibus education act, cited as: . This part of the law, the Paul D. Coverdell Teacher Protection Act of 2001, reinforces state laws protecting teachers and staff from liability in controlling student behavior that may harm other students. As with common law and state statutory provisions, the school, teachers, and staff will not suffer liability if the control over students is exercised “within the scope of the teacher’s or staff member’s employment.” The Coverdell law provides that teachers and staff will not be held liable so long as they act in conformance with law “in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school,” and that the teacher or staff member does not act with gross negligence, reckless misconduct, willful or criminal misconduct or flagrant disregard for the student’s rights. This statutory provision...
- Claims against schools for failure to appropriately deal with bullying may arise as constitutional matters or have some basis in federal statutory law. For example, if a parent complainant can successfully attach bullying to a child’s disability, and the Individuals with Disabilities Act (IDEA) can be involved and damages sought through ...(ADHD) claimed that he had been bullied and harassed by classmates and the school did nothing to prevent it, the federal district court examined the connection between federal constitutional and statutory law. The parents based their claim on Fourteenth Amendment equal protection and due process as well as on the student’s rights under IDEA. The district court in holding for the school district concluded that the U.S. Constitution creates no affirmative right to government protection. It only creates rights against “government offenses” against the individual, thereby rejecting both the equal protection and due process claims. Further, the...
- Certain other states along with Florida have also enacted save-harmless laws; these include Connecticut, Iowa, Massachusetts, New Jersey, Oregon, New York, and Wyoming. The wording of the New York statute is typical; it reads in part: “. . . it should be the duty of each board of education, trustee or trustees . . . , to save harmless and protect all teachers, practice or cadet teachers, and members of supervisory and administrative staff or employees from financial loss arising out of any claim, demand, suit, or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to any person within or without the school building, provided such teacher, practice or cadet teacher, or member of the supervisory or administrative staff or employee, at the time of the accident or injury was
- Such provisions are tantamount to liability insurance policies against personal liability of teachers, administrators and others, including student teachers, so long as they are acting within the scope of their employment. Where the amount of damages which a school district is authorized to pay is limited by statute, the teacher or other school employee is well advised to supplement the state efforts by obtaining personal liability insurance. This is particularly true where the teaching takes place in high risk areas such as shops, chemistry classes, physical education or coaching activities. Of course, in those states which have not abrogated immunity nor have a save-harmless law, the entire burden of an action in tort rests on the shoulders of the teacher, administrator, or other employee, personally.
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Chapter 9 Racial Segregation 22 results (showing 5 best matches)
- A frontal attack was launched on the doctrine of separate-but-equal by the NAACP in the decade between 1940 and 1950 led by Thurgood Marshall and a battery of African-American lawyers, law professors, historians, and sociologists who had analyzed both the legal and social ramifications of segregation.
- were so pervasive that the Court was forced to carefully evaluate alternative enforcement measures. Suddenly, the dual system of public education in seventeen states which had been legal under “separate-but-equal” was now unconstitutional. Because of these immense ramifications on the rendering of the
- , persisted as a major question. The United States Office of Education (now United States Department of Education) in the mid-1960s issued guidelines for desegregation of school districts in southern states which, if not followed, could result in the withholding of federal funds. The guidelines initially permitted freedom of choice plans to be submitted in order to qualify for the federal funds; but after a time it was concluded that freedom of choice would not bring about desegregation in many districts. It was found that black parents for many reasons, including community coercion, would not choose to send their children to schools which were formerly all white.
- Alexander v. Holmes County Board of Education
- Columbus Board of Education v. Penick, 443 U.S. 449 (1979)
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Chapter 17 Teacher Dismissal 45 results (showing 5 best matches)
- Thus, a teacher’s altering and backdating of student files to make it appear that the school district was in compliance with federal special education laws was held to be cause for dismissal.
- Obviously, corporal punishment administered in violation of state law can be valid grounds for dismissal of a teacher. By definition, breaking the law may be directly related to a teacher’s fitness to act in a professional capacity. The Nebraska Supreme Court has held that corporal punishment contrary to state statute constitutes “conduct which is unbecoming a member in good standing of a profession,” for which a teacher can be dismissed.
- In another case where a teacher responded to a question about homosexual practices in explicit language after a nurse had shown a video in sex education to a group of fourth-grade boys. The teacher, a male, had been instructed by the nurse to answer the questions as honestly as possible. Since he was a male, the boys would not feel uncomfortable in asking questions. A boy asked how it would be possible for two men to have sex, the teacher graphically explained, whereupon parents complained. The school board dismissed him for incompetency. The court ruled for the teacher since he had a good record for 29 years and had been told to answer the questions by the nurse who conducted the sex education class. A single incident may be of such magnitude or have such consequences that would permanently impair the teacher’s ability to perform his duties and would therefore be grounds
- Thompson v. Wake County Board of Education, 230 S.E.2d 164 (N.C.App.1976)
- Clinch County Board of Education v. Hinson, 543 S.E.2d 91 (Ga.App.2000)
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Chapter 16 Constitutional Rights of Teachers 23 results (showing 5 best matches)
- Palmer v. Board of Education of the City of Chicago, 603 F.2d 1271 (7th Cir.1979)
- “pursuant to duty” standard was invoked by the U.S. Court of Appeals, Tenth Circuit, in a dispute between a special education teacher and a board of education where the teacher vigorously opposed the board’s decision to implement a full inclusion model for students with disabilities. The teacher voiced concerns, wrote letters challenging individual education plans (IEPs) for the children and, further, contacted the state education department to express her concerns about full inclusion. The school district issued her a letter of admonishment, assigned her to a regular classroom teaching position, and denied her request for a transfer, whereupon the teacher sued, claiming denial of other First Amendment rights. The court held for the school board citing the authority of the
- Weintraub v. Board of Education, City of New York, 593 F.3d 196 (2d Cir.2010)
- Pickering v. Board of Education, 391 U.S. 563 (1968)
- East Hartford Education Association v. Board of Education, etc., 562 F.2d 838 (2d Cir.1977)
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Outline 9 results (showing 5 best matches)
Chapter 7 Search and Seizure 20 results (showing 5 best matches)
- Price v. New York City Board of Education, 837 N.Y.S.2d 507 (2007)
- Singleton v. Board of Education, 894 F.Supp. 386 (D.Kan.1995)
- has been litigated numerous times in public education cases.
- Burbank v. Board of Education of Town of Canton, 11 A.3d 658 (Conn.2011)
- Desilets v. Clearview Regional Board of Education, 627 A.2d 667 (N.J.Super.1993)
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Index 14 results (showing 5 best matches)
Chapter 18 Employment Discrimination 27 results (showing 5 best matches)
- requirement that a private college, Grove City College, supply assurance of compliance. The college refused, and the United States Department of Education cut off the students’ federal financial assistance. The U.S. Supreme Court in not only narrowed the coverage of Title IX, but also of Title VI of the Civil Rights Act of 1964, § 504 of the Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of 1975 as well. The Civil Rights Restoration Act of 1987 restored institution-wide application of these laws. Congress clarified and corrected all that and now the Act provides that the entire institution or system is covered and not just the program receiving federal assistance. If federal aid is distributed to any part of a college, university, or public school district, the entire institution or system is subject to compliance requirements. Private education corporations are also covered if they receive federal funding.
- The social and political upheavals experienced in the United States after World War II brought about tremendous changes in employment practices. These movements have spawned both federal and state legislation that have attempted to overcome the effects of past discrimination against minorities and to ensure against their re-emergence. This chapter discusses precedents grounded in statutes, court decisions, and regulations bearing on race, sex, age, religion, and handicap discrimination that have influenced employment practices in public education.
- Gender-based discrimination in affecting working conditions, compensation, prerequisites for employment, and work-related benefits has been of such magnitude historically that Congress responded by passing legislation to prohibit such discrimination. Lawsuits have been filed under the Equal Protection Clause of the Fourteenth Amendment, the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and Title IX of the Education Amendments of 1972, challenging such sex discrimination.
- In 1972, Title IX of the Education Amendments was enacted to prohibit sex discrimination in educational programs or activities receiving federal funds. Title IX was closely patterned after Title VI of the Civil Rights Act of 1964. Title IX in its original form stated: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. . . .”
- Jackson v. Birmingham Board of Education, 544 U.S. 167 (2005)
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WEST ACADEMIC PUBLISHING’S LAW SCHOOL ADVISORY BOARD 10 results (showing 5 best matches)
- Distinguished University Professor, Frank R. Strong Chair in LawMichael E. Moritz College of Law, The Ohio State University
- Professor of Law Emeritus, University of San Diego Professor of Law Emeritus, University of Michigan
- Professor of Law, Chancellor and Dean Emeritus University of California, Hastings College of the Law
- Professor of Law, Yale Law School
- Professor of Law Emeritus, Pepperdine University Professor of Law Emeritus, University of California, Los Angeles
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Chapter 6 Student Publications 7 results (showing 5 best matches)
- For example, the California Education Code states “. . . students of the public school have the right to exercise freedom of speech and of the press . . . in official publications . . . supported financially by the school.” (
- Fujishima v. Board of Education, 460 F.2d 1355 (7th Cir.1972)
- Desilets v. Clearview Regional Board of Education, 647 A.2d 150 (N.J.1994)
- In Illinois, a 2015 state statute assures the right of student journalists to exercise freedom of speech in school-sponsored media, regardless of whether the media is paid for by the school district or whether the media is provided by school facilities, however, the law does provide for prior restraint by the school if the material is libelous, slanderous, obscene, or invades privacy.
- suggests or encourages violation of law, federal, state, or local.
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- Publication Date: June 10th, 2018
- ISBN: 9781640204249
- Subject: Education Law
- Series: Nutshells
- Type: Overviews
- Description: This text captures the key points of the precedents governing student rights and responsibilities relating to attendance, speech, expression, religion, discipline, grades, tests, drugs, search and seizure, the emerging law of social media, i.e., cyberbullying, and the range of procedural due process interests. The book further addresses the range of constitutional rights and protections for teachers as well as employment terms and conditions, including contracts, tenure and potential liabilities.