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Teachers and School Boards

Teachers and School Boards. Rights as a citizen Statutory rules that govern boards Contractual conditions. http://www.foxnews.com/video/index.html?playerId=videolandingpage&streamingFormat=FLASH&referralObject=3138015&referralPlaylistId=playlist http://www.youtube.com/watch?v=0mvP0ArKIGY.

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Teachers and School Boards

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  1. Teachers and School Boards Rights as a citizen Statutory rules that govern boards Contractual conditions

  2. http://www.foxnews.com/video/index.html?playerId=videolandingpage&streamingFormat=FLASH&referralObject=3138015&referralPlaylistId=playlisthttp://www.foxnews.com/video/index.html?playerId=videolandingpage&streamingFormat=FLASH&referralObject=3138015&referralPlaylistId=playlist • http://www.youtube.com/watch?v=0mvP0ArKIGY

  3. First Amendment Rights • Speech • Expression • Association • Religion

  4. Freedom of Speech • Connick v. Myers and Pickering v. Board • Speaking out as a citizen on matters of public concern is free speech • Balance of interest test • Private communications without disturbance is protected • Dress is not a first amendment right; school board dress code is constitutional

  5. Privacy- not mentioned in Constitution but inferred • Personnel may be required to seek help if there is a reason to doubt the ability to contend • Drug test if a problem is suspected but not random testing • Search teacher workplace- any area related to work

  6. Religion- first amendment- Title VII • Subject to certain limits • 1972- amended Civil Rights Act to include religion- employer accommodation as long as no undue hardship • Neither inhibit nor promote religion • Religious garb- if a state prohibits such attire, the courts sustain

  7. Self-incrimination • Fifth amendment • A superintendent has a right to inquire

  8. Due process- 4th and 14th amendment • Procedural • Substantive- liberty, tenure is a property right • Vagueness- may require states to uphold state and federal constitutions • Irrationality- a rule cannot be arbitrary or irrebuttable

  9. Take home test

  10. Torts- A civil wrong for which the courts can provide a remedy- caused by unreasonable conduct of others • Intentional interference • Strict liability • Negligence

  11. Intentional interference • Not necessary for the wrong-doer to be hostile- could be a practical joke • Assault- mental rather than physical violence; mental distress • Battery- physical contact • False imprisonment • Read Spears v. Jefferson p.553

  12. Strict Liability • Liability without fault • Danger is inherent in the activity • Not negligent or intentional behavior • Read Fallon v. Indiana Trail School p. 555

  13. Negligence- neither expected nor intended • Could be prevented by reasonable care • Must sustain an injury resulting from an unreasonable risk • Who is a reasonable person? Person of ordinary sense using ordinary care

  14. Elements of Negligence • A duty to protect others • Failure to exercise that duty with a standard of care • A causal connection between act and injury (proximate cause or legal cause) • An injury- damage or loss • All elements must be proven or case fails

  15. Duty of care • Educators are negligent when they do something or omit something- that a reasonable person might deem harmful • No general- or at large duty • But if you make it your duty- you must act as a prudent person

  16. Standard of care • As the risk increases, the standard of care increases- ex. Chemistry lab vs. study hall or reading class • Children between 1 and 7 cannot be liable for negligence • Between 7 and 14- prima facie case for incapacity but it can be rebutted • Reasonably prudent person

  17. Proximate or legal cause • ACT_____________Injury • Proper supervision

  18. Defenses for negligence • Contributory negligence • Comparative negligence- assign degrees- FL is a comparative state • Assumption of risk • Immunity- • Governmental • Charitable • Infants • Mentally disabled

  19. Negligence cases • Brown v. Tesack • Johnson v. School District of Millard • Stevens v. Chasteen • Simonetti v. School District of Philly • Hutchison v. Toews • Wagenblast v. Odessa

  20. Defamation • Using spoken or written word to accuse another person of immorality, dishonesty, or dishonorable conduct • Libel- for visual perception • Slander- spoken words

  21. School personnel- privilege • Cannot say anything you want to about others • In good faith- without malice • Truth is defense against defamation • Read Hett v. Ploetz 5 and 11 in case notes

  22. Florida- hold harmless • Waived sovereign immunity for $100,000 to 200,000. • You must know of the standard of care that is required • What if a person is invited to be on campus? • Only compensatory charges can be levies; not punitive charges

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