Emerging Legal Issues

in School Law: What All

Suzanne
Eckes
Teachers
Need
to Know
Indiana University

Agenda

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 pre- or inservice
programs. The survey also indicated
that most teachers were uninformed
or misinformed about the rights of
students and teachers (Schimmel &
Militello, 2007).

Motivator

Brainstorm in groups and try to

respond to the three scenarios at
your table.

Key Topics
Harassment and Bullying
2. Special Education Law
3. Student Discipline
4. Student Expression
5. Teacher Expression
6. Negligence in the Classroom
7. Church and School Entanglement
8. Instructional Issues
9. Teacher Lifestyle
10. Teacher Dismissal
1.

Student Searches

What are the legal and ethical issues

involved in searching students? How
does the Fourth Amendment apply?

Scenario

A student tells principal Kal Koncern

that Sharon Shy gave her marijuana.
Kal tells the school nurse to search.
Finding no drugs in Sharons
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

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.

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).

Ethical Issues with Bullying?

Quote

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

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 districts 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/htm
l/education/2003062394_prayer15m.htm
l
Can a teacher wear hijab in the
classroom?
May religious clubs meet after
school?

Student Speech

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 schools 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

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

Special Education
FERPA
Discipline
Negligence
Instructional Issues
Teacher Dismissal

Closing

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

See handout for all references

included in this powerpoint.