1. Caprice Paduano
Chapter 7
Ethical and Legal Issues in U.S. Education
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2. 1. Why do you need to know about education and
the law?
2. Why do you need a professional code of ethics?
3. What are your legal rights as a teacher?
4. Do student teachers have the same rights as
teachers?
5. What are your legal responsibilities as a
teacher?
6. What are the legal rights of students and
parents?
7. What are some issues in the legal rights of
school districts?
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3. Without knowledge of legal dimensions teachers
will be ill-equipped to protect their rights and
rights of their students
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4. Code of Ethics
“The educator accepts the responsibility to adhere to
the highest ethical standards” (NEA)
Ethical Teaching Attitudes and Practices
Acting in a way that promotes the learning and growth
of students and helps them realize their potential
Ethical Dilemmas in the Classroom and School
Characteristics of “good” ethical decisions
Decision is supported by evidence
Goal of decision is what should be aimed for
Decision can be implemented morally
Decision has been legitimately achieved
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5. Due Process
step-by-step examination of the charges brought
against a teacher
Certification
Teachers who meet all of state’s requirements for
certification can not arbitrarily be denied a certificate
Obtaining certificate does not mean it can not be revoked
Reasons for revoking certificates must be job related and
demonstrably impair the teacher’s ability to perform
satisfactorily
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6. Teacher’s Rights to Nondiscrimination
Nondiscrimination – Employment protected by Title
VII of Civil Rights Act of 1964
Employers may not discriminate against an individual
because of race, color, religion, sex or national origin nor
may employees be separated by the above criteria
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7. Teaching Contracts
a legal agreement between teacher and a board of
education
5 basic elements for validity
Offer and Acceptance
Competent Parties
Consideration
Legal Subject Matter
Proper Form
Some assignments not specified in contract may be
required of teacher as long as there is a reasonable
relationship between classroom duties and assignment
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8. Due Process in Tenure and Dismissal
Tenure – policy that provides the teacher with job
security by preventing dismissal on insufficient
grounds and providing for due process in the event of
dismissal
Tenure usually granted after 2 – 5 years of teaching
Tenure does not transfer from district to district
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9. Reasons for
dismissal
Causing or encouraging
Insubordination disruption
Incompetence Engaging in illegal
activities
Neglect of duty
Offensive Language
Conduct unbecoming
Personal Appearance
Subversive activities
Sex-related activities
Decreased need for
services Political Activities
Physical and mental Use of Drugs
health
Age
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10. Steps of Due Process
1. Teacher must be notified of charges
2. Adequate time must be given for rebuttal to charges
3. Teacher must be given access to names of witnesses and
evidence
4. Hearing before impartial tribunal
5. Teacher has right to legal counsel
6. Teacher can introduce evidence and cross examine
witnesses
7. School board decision must be based on evidence
8. Transcript must be maintained of the hearing
9. Teacher has right to appeal
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11. Teachers may join teacher organizations without fear
of dismissal
Collective Bargaining – laws that require school
boards to negotiate contracts with teacher
organizations
Grievance – formal complaint by a teacher against an
employer
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12. Academic Freedom
teacher’s right to use teaching methods and materials to
which school officials might object (must be balanced
against interest of society)
No longer a strong defense
Teacher must show that he/she:
Did not defy curriculum directives
Followed professional norms
Discussed matters of public concern
Acted professionally and in good faith
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13. Famous Cases
Scope’s Monkey Trial - Most famous, teacher taught
evolution and was fired, cited academic freedom, fined
for violating Butler Act, later reversed on technicality
Other cases involving instructional materials and topics
have ruled both for and against teachers
Schools and courts must establish curriculum suitable
for all and not in violation of the constitution
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14. States’ Rights and Academic Freedom
Some teachers have been successful in citing academic
freedom others have not.
Teachers may be dismissed or suspended until use of
inappropriate material or method is stopped.
States have a legitimate interest in what is taught to
impressionable children
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15.  Currently, no state has provisions regarding the
dismissal, assignment or denial of right to student
teach.
 Potential for liability exists for student teachers (the
same as other regular, full-time teachers).
 Student teacher should be cautious before assuming
substitute teaching responsibilities
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16.  Legal Advice for Student Teachers
 Read the teacher handbook
 Know safety rules and regulations
 Be aware of hazards associated with activities and act
to protect children accordingly
 Be aware of controls and requirements placed on
curriculum by district
 Respect confidentiality and use student records to
improve teaching
 Document problems
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17. Avoiding Tort Liability
Tort law – deals with negligent behavior that
results in injury, intentional injuries, libel, slander,
and injuries from defects in land or buildings
Tort Liability – an individual who is negligent and
at fault in exercise of duty, can be required to pay
monetary damages to injured party
Teachers (especially shop, physical education and
science teachers) are held to higher standards due to
increased chance of injury
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18. To be liable the following must be present:
A legal duty
Breach of that duty
Causal connection between conduct and resultant
injury
Actual loss or damage
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19. Most cases involving tort liability are the result of
negligence in one of the following forms
•Inadequate supervision
•Inadequate instruction
•Lack of improper medical treatment
•Improper disclosure of information (especially
defamatory)
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20.  Educational Malpractice – schools are negligent if
pupil fails to achieve significantly
 Reporting Child Abuse
 Teachers are required by law to report suspected child
abuse.
 Teachers should follow school process to report child
abuse
 Teachers need to follow 4th amendment to guard
against unlawful search and seizures
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21. Observing Copyright Laws
 Fair Use Doctrine – copyrighted materials may be
used in reasonable manner without the copyright
holder’s consent as long as the use does not reduce
the demand for the work or author’s income
 Digital Millennium Copyright Act (DMCA) – it is
illegal to circumvent copy blocking measures that
control access to copyrighted works
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22. Doctrine of Fair Use applies to the following materials
• Photocopies
• Videotapes
• Computer Software
• Email and Internet
Publishing on the Internet
• Teachers and students can be copyright protected by
including statement that materials may not be duplicated
without permission
• Children’s last names and identifying information should
not be published
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23. Teachers and Online Social Networking
• Facebook, MySpace, and Twitter
• Postings may be seen by the public and school officials
• Inappropriate postings and photos
• Postings by others without knowledge or consent
• Interactions with students
 Policies and Legislation
• “no friending” students district policies
• Illegal to contact students on Facebook (Louisiana)
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24. Freedom of Expression – Teachers and students do
not have to give up freedom of expression when in
school
Censorship – Student publications are
constitutionally protected and should be regulated if
posing threat of disruption, libelous, vulgarity or
obscenity
 Schools may use prior censorship – requiring students
to submit literature before publication
Student Expression on Social Networking Sites
 Laws/Policies are still evolving
 Districts have no right to control student expression off
campus unless it can lead to a disruption on campus
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25. Dress Codes – Schools may have dress codes as
long as codes are clear and reasonable and
students are notified
•Schools must balance First Amendment’s rights of
students and legitimate right of school authorities
to maintain a safe and disruption free environment
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26. Due Process in Suspension and Expulsion
•Students have a legal right to education and that right
should only be removed through the application of
procedural due process
Reasonable Search and Seizure
•4th Amendment – citizens are protected from search
and seizure without a warrant
•Court 2 prong test of “Reasonableness”
• School official has reasonable suspicion student has violated a
law or school policy
• Search must be conducted using methods that are reasonable in
scope
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27. Guideline for Searches for Educators
•Inform students and parents at beginning of year
about the school’s procedure for conducting searches
•Base searches on “reasonable suspicion”
•Conduct search with another staff member present
•Avoid strip searches or mass searches of groups
•Require that police obtain a search warrant before
conducting search of school
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28. Family Educational Rights Privacy Act (FERPA) – gave parents and students the right to
examine their school records
•Known as Buckley Amendment
Schools must do the following
1. Inform parents and students of their rights
2. Provide information to parents and students about types of educational records
and how to obtain access to them
3. Allow parents or student right to view records and request changes or hearings
and add their own explanation
4. Not give out personally identifiable information without prior written consent of
parents or student
5. Allow parents and student to see the school’s record of disclosures
•Exceptions
• Teachers grade books and personal records
• Private notes of school law enforcement officials
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29. Peer grading and use of cameras in schools does not fall under
privacy protection
Students Rights to Nondiscrimination
Students who are pregnant, married, parents or have a non-
infectious disease may not be discriminated against or required
to attend alternative classrooms
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30. Corporal Punishment
•Supreme Court has upheld constitutionally of corporal
punishment
•However many school districts have banned
Sexual Harassment
•School districts can be liable if harassment was foreseeable
and preventable and they deliberately failed to intervene
Cyberbullying
•Through social networking sites, text message, or email
•Existing case law on free speech and sexual harassment
does not readily apply
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31. Religious Expression
 Lemon Test
 Determined that governmental practices must do the following:
 Have secular legislative purpose
 Neither advance nor inhibit religion
 Not foster excessive entanglement of religion
Guidelines for religious activities in schools
•Students may practice religion during non-instructional time
•Teachers should not discriminate against students who express their religious beliefs
•Schools have to grant parental requests to excuse students from class for religious
reasons
•Teachers can not encourage or participate with students in religious activities but may
participate with other employees during lunch and free time
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32. Home Schooling
•Must demonstrate instruction is equivalent to that
offered in public schools
•Standardized testing required
•Required to submit lesson plans, time on
curriculum and attendance logs
•May be ineligible if test scores fall below 40th
percentile
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