Teachers & The Law

Analyze the origin of US laws.

• Review the basic structure of the legal system in the U. S.
• Classify legal terms.
• Explore a legal case.
• Evaluate the general criteria that are used for granting teachers tenure status.
• Determine the rights teachers usually acquire when they achieve tenure.
• Create examples of how tenure can be broken.
• Analyze the process that must be followed, the type of notice(s) that must be received, the due process rights of the teachers, and the type of hearing(s) that must be held before tenured teachers can be dismissed.
• Differentiate between the rights of probationary and tenured teachers with respect to non-renewal of contracts.
• Discriminate between property and liberty interests.
• Determine the circumstances in which a teacher may be found personally liable for the injury of a student and what action(s) a teacher might take to prevent the liability suit from being successful.
• Define and explain the appropriate use(s) of the following defenses: contributory negligence, comparative negligence, assumption of risk, and governmental immunity.
• Explain the concepts of "punitive damages," "compensatory damages," and "nominal damages;” giving examples of when each type might be awarded and the conditions under which punitive damages might apply.
• Summarize the rights of students and teachers under Section 1983 of the U.S. Code.
• Explain the difference between slander and libel, the way damages are determined, and the types of damages that are usually assessed.
• Explain why the courts have settled differently on the application of the Constitution to the conflict between the rights of teachers and those of students concerning religious freedom.
• Compare and contrast the concepts of “establishment of religion” and “exercise of religion” and describe situations in which each of these might occur during the course of the school year.
• Analyze specific scenarios found in public schools to determine if the scenario violates the Lemon test.
• Identify occasions on which religious literature may be distributed at school and occasions on which religious groups may or may not be excluded from using school facilities.
• Compare the concepts of personal interest and public interest considering Pickering and Connick, explaining when he/she might be punished or dismissed for publicizing his/her views.
• Explain, given specific scenarios, determine when teachers’ speech is protected and when it is not.
• Explain the concept of academic freedom and compare the relative amounts of academic freedom given to teachers in the areas of controversial materials, textbooks, literary classics, religious beliefs, personnel issues, distribution of irrelevant materials, rated films and videos, and language.
• Compare and contrast the court position concerning grooming standards and dress codes as they relate to teachers.
• Recognize situations under which a teacher could most likely be dismissed for political and social affiliations and those under which the teacher could not be dismissed.
• Explain the concept of “freedom of association” as it applies to teachers.
• Devise situations in which a teacher may be dismissed for exhibiting immoral behavior, including, but not limited to, excessive drinking, use of illegal drugs, lying, pre-marital sex and pregnancy, and homosexual behavior.
• Examine the rights to free speech determined in Tinker and, given specific examples, whether the speech is protected or not.
• Explain the conditions under which administrators and teachers may regulate student publications, either school-sponsored or underground, and those under which they may not.
• Outline the due process rights that the parent of a special education student has under P.L. 94-142/IDEA.
• Explain the purpose of the individual educational plan (IEP) and how it is related to an appropriate education.
• Explain the relationship between the issues of related services and appropriate educational opportunity.
• Describe the procedures that are necessary to be taken before a disabled child can be suspended for ten or more days.
• Examine the impact of the Americas with Disabilities Act (ADA) on schools.
• Compare and contrast the rights of parents and the interest of the state regarding home schooling
• Describe the rights of the boards of education to dictate curriculum and whether parents have a right to protect their children from curriculum they feel is objectionable
• Become familiar with charter schools
• Review specific state laws that impact participants in the course
• Successfully complete the course examination

• Construct situations under which a teacher could most likely be dismissed for political and social affiliations and those under which the teacher could not be dismissed.
• Assess the concept of freedom of association as it applies to teachers.
• Devise situations in which a teacher may be dismissed for exhibiting immoral behavior, including, but not limited to, excessive drinking, use of illegal drugs, lying, pre-marital sex and pregnancy, and homosexual behavior.
• Devise situations in which a teacher might be dismissed for exhibiting immoral behavior or unprofessional conduct towards students, including, but not limited to, making sexual advances, using vulgar or profane language, engaging in sexual conduct with students, and encouraging students to lie.
• Evaluate the components of due process as described in the Fifth and Fourteenth Amendments.
• Design examples of the following concepts: substantive due process, procedural due process, minimal due process, and formal due process.
• Compare and contrast the concepts found in probable cause versus those found in reasonable suspicion.
• Compare and contrast the rights to due process, upon termination, of tenured teachers versus those of non-tenured teachers, giving justification for the differences.
• Evaluate the concept of in loco parentis and also explain both the responsibility and freedom it places upon the teacher.
• Evaluate the current law regarding random drug testing of teachers and students.
• List the remedies available to a victim of sex discrimination under Title VII.
• Distinguish the conditions under which a school district may be held liable for student-to-student peer sexual harassment.
• Discuss the impact of the Family and Medical Leave Act of 1993
• Outline the due process rights that the parent of a special education student has under P.L. 94-142/IDEA.
• Compare and contrast the concepts of least restrictive educational alternative and appropriate educational opportunity.
• Relate how the IEP is appropriate and explain its purpose.
• Compare the relationship between the issues of related services and appropriate educational opportunity.
• Describe the procedures necessary before a disabled child can be suspended for ten or more days.
• Examine the impact of the American with Disabilities Act on schools.
• Summarize the impact of the Bilingual Education Act of 1974 and its 1988 Amendment on schools
• Compare and contrast the rights of parents and the interest of the state regarding home schooling.
• Describe the rights of boards of education to dictate curriculum and whether parents have a right to protect their children from curriculum they feel is objectionable.
• Identify familiar with issues such as school vouchers and charter schools.
• Analyze the basic precepts of the No Child Left Behind Act and laws establishing rights for homeless students.
• Follow contemporary trends governing the rise of charter schools, school vouchers, and other school choice alternatives.
• Apply previously learned concepts to identify and describe new and emerging issues in school law.
• Review specific state laws that impact participants in the course.

• Carlow University
• The College of Saint Rose

• Madonna University
• Notre Dame College