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SPF 401-- The Teacher and The Law: Issues in School Law. Instructor: Kay H. Hunnicutt, Ph.D., J.D. @khh. Discussion Outline. 1. Introduction -- This presentation is not to be construed as legal advice.

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spf 401 the teacher and the law issues in school law

SPF 401-- The Teacher and The Law:Issues in School Law

Instructor:

Kay H. Hunnicutt, Ph.D., J.D.

@khh

discussion outline
Discussion Outline

1. Introduction--

This presentation is not to be construed as legal advice.

Should you have a specific legal issue pertaining to yourself or your school, I would encourage you to seek the legal advice of an attorney or the advice of the counsel for your School Board.

discussion outline1
2. Importance of Knowing School Law--

- Prevents Litigation

- Protects Students

- Protects Your Teaching License

- Protects Your School District and Taxpayers From Lawsuits

Discussion Outline
discussion outline cont
Discussion Outline (cont.)

3. Sources of Law--

-U.S. Constitution- Amendments 1, 4, 14

-U.S. Supreme Court

-Federal Laws, Courts, and Regulations

-State Constitution

-State Laws, Courts, and Regulations

-State School Board Regulations

-School Policies

discussion outline cont1
Discussion Outline (cont.)

4. Discussions of Current Legal Issues in the School

5. Legal Questions Asked by First YearTeachers

6. Legal Questions Asked by StudentTeachers

current legal issues in the school
Current Legal Issues in the School
  • School Violence
  • Censorship of Books, Plays, etc.
  • School Finance/Equity
  • Bilingual Education
  • Hate Speech/Hazing
  • Religion in School/Bible Clubs
  • High Stakes Testing
  • School Uniforms
  • Violations of the Open Meeting Law
legal questions asked by first year teachers
Can I Be Sued If A Child Under My Supervision Is Injured? Will The School District Pay For My Defense Attorney?

-- Gross Negligence

-- Outside Scope Of Position

-- Intentional Tort

Legal Questions Asked By First Year Teachers
legal questions asked by first year teachers1
Legal Questions Asked By First Year Teachers
  • Do I Have To Be In The Classroom Supervising My Students Every Minute Of The School Day?

-- Ortiz Case - Tucson

-- “It is not reasonable for a teacher to supervise every student every minute of the school day”.

legal questions asked by first year teachers2
Legal Questions Asked By First Year Teachers
  • If I Report Suspected Child Abuse To My Supervising Teacher/Principal, Have I Met The Requirement Of The Law?

-- Legally?-----NO!!

-- What Does The Statute Say?

-- What About School Policy?

-- Could You Be Sued By The Parent For False Reporting?

legal questions asked by first year teachers3
Legal Questions Asked By First Year Teachers
  • What Are My Rights To Defend Myself If I Am Attacked By A Student?

-- Could You Have Walked Away or Avoided The Confrontation?

-- Other Considerations--

- Size Of Student vs. Your Size

- Did You Stop Your Defense At The Appropriate Time?

legal questions asked by first year teachers4
Legal Questions Asked By First Year Teachers
  • As A Teacher In The Classroom, Can I Wear Whatever I Want to?

-- What Does Your District Policy Say?

-- 9th Circuit Upholds School Board Rules “ for any good reason”.

legal questions asked by first year teachers5
Legal Questions Asked By First Year Teachers
  • Should I Break Up Student Fights?

-- What Does The School Policy say?

-- Brittle Bones!!

-- Use Common Sense!!

legal questions asked by first year teachers6
Legal Questions Asked By First Year Teachers
  • What Should I Do If A Student Has A Crush On Me?

-- Practice What You Are Going To Say!

-- If Verbal or Physical Behavior Persists, Report It To Your Principal

-- Talk To Your Supervisor

-- Give Any Notes To Your Principal

legal questions asked by first year teachers7
Legal Questions Asked By First Year Teachers
  • Should I Ever Take/Drive A Child Home from School If The Parent Does Not Pick The Child Up At School or The Child Misses The Bus?

-- Generally….NO!

-- Potential Liability

-- What About Coaches……?

legal questions asked by first year teachers8
Legal Questions Asked By First Year Teachers
  • As A Classroom Teacher, Can I Teach Any Subject Matter or Use Any Supplementary Materials/Books/Videos I Choose?

-- Probably Not- Familiarize Yourself with District Policies

-- Tempe Case- Play

-- Wickenburg Case- R-Rated Video

legal questions asked by first year teachers9
Legal Questions Asked By First Year Teachers
  • What Are My Rights As A Teacher In Disciplining A Child?

-- What Does Your School Policy Say?

-- Corporal Punishment

-- How About Special Education Students?

legal questions asked by first year teachers10
Legal Questions Asked By First Year Teachers
  • Do I Have A Legal Right To A Second/Third Year Contract As A Probationary Teacher?

-- No…..And No Due Process Rights For Non-renewal!

-- When DOES A Probationary Teacher Get Due Process Rights?

legal questions asked by first year teachers11
Legal Questions Asked By First Year Teachers
  • What Rights Do I Have To A Private Life Outside Of School?

-- There Is A Balance Between The Right To Privacy and Teacher Conduct That Becomes “open and notorious”

legal questions asked by first year teachers12
Legal Questions Asked By First Year Teachers
  • If A Child Runs Away From School, Do I Chase Them If I Think I Can Catch Them?

-- What Does Your School Policy Say About “runaway” Situations?

-- What Is The School’s Liability Potential and Your Liability Potential?

legal questions asked by first year teachers13
Legal Questions Asked By First Year Teachers
  • Will I Be Told If I Have A Child With A.I.D.S. In My Classroom?

-- “Need To Know” Statute

legal questions asked by first year teachers14
Legal Questions Asked By First Year Teachers
  • Can I Be Held Liable If A Student Sexually Harasses Another Student?

-- Peer Sexual Harassment

-- Case: Davis v. Monroe County Board of Education

-- Case: Petaluma v. Doe

legal questions asked by first year teachers15
Legal Questions Asked By First Year Teachers
  • Can I Search All The Students’ Backpacks For Missing Money Or For Weapons/Drugs?

-- What Does Your School Policy Say?

-- Some Lenience Today Due To The Increase In School Violence

-- Teachers Can Be Sued For Violating Student Constitutional Rights

-- Case: New Jersey v. T.L.O.