Chapter 10

1. Chapter 10 Legal Perspectives on Education

2. Types of Laws Constitution at the core of laws on education Enabling laws, not developed through legislative process Administrative law, regulations created by executive branch Case law, emerge from federal and state court cases Foundations of American Education, 15e Johnson, et al

3. The U.S. Constitution Fundamental law of the nation Does not specifically mention education First, Tenth, and Fourteenth amendments relevant Tenth Amendment implies state control of education States make provisions for education in their constitutions Supreme court settles disputes over constitutionality Foundations of American Education, 15e Johnson, et al

4. Separating Church and State Religion focus of colonial education, private schools today Religious debates over funding, prayer, curriculum abound Cases often involve 1st and 14th amendments, classified as: Use of public funds to support religious education Practice of religion in public schools Rights of parents to provide education for their children Foundations of American Education, 15e Johnson, et al

5. Lemon Versus Kurtzman Courts upheld separation clause Infamous threefold Lemon Test emerged: Does the act have a secular purpose? Does the primary effect either advance or inhibit religion? Does the act excessively entangle government and religion? Most cases addressing public funds reference this criteria Foundations of American Education, 15e Johnson, et al

6. Child benefit theory Addresses use of public funds for secular services: Transportation Textbooks Testing, diagnostic, therapeutic, and remedial Services must benefit student, not school or religion NCLB allows for funding for private school students Also upheld limited use of Title I funds at private schools Foundations of American Education, 15e Johnson, et al

7. Other Religious Rulings Schools cannot impose majority religious views on all Courts ruled against Creationism, Intelligent Design Overall protection of separation clause Foundations of American Education, 15e Johnson, et al

8. Segregation and Desegregation Segregation, legal and social separation based on race De jure segregation, upheld by laws, government Desegregation, abolish racial segregation of schools (1954) Integration, busing court strategy to achieve racial balance Magnet schools, attract diverse students through curriculum Increasing concern over resegregation Foundations of American Education, 15e Johnson, et al

9. Legal Rulings on Segregation Plessy v. Fergusson (1896), separate but Equal Brown v. BOE (1954), separate facilities inherently unequal Brown v. BOE (1955), all deliberate speed Courts recently backed away from this doctrine De facto segregation, increasingly prevalent Race-conscious assignment contemporary strategy Foundations of American Education, 15e Johnson, et al

10. Discrimination Equal Protection Clause addresses discrimination Title VI, Title VII of Civil Rights Act, Title IX Education Amendment Act of 1972. Affirmative Action, opportunities for underrepresented groups Concerns about reverse discrimination Foundations of American Education, 15e Johnson, et al

11. Students With Disabilities Legal basis grounded in Civil Rights Act Section 504 of the Rehabilitation Act, federal statute Focus is on equal not same treatment PL 94-142, Education for all Handicapped Children Act Ensures a free appropriate education to children with disabilities IDEA, focus is on increased quality and rigor IDEA privileges Response to Intervention Approach Foundations of American Education, 15e Johnson, et al

12. Teachers Rights and Responsibilities Teachers rights grounded in due process protection Substantive due process, deprivation of constitutional rights Procedural due process, unjustified deprivation of rights Most teacher cases involve liberty or property interests Foundations of American Education, 15e Johnson, et al

13. Teachers and the Law Law requires teachers be certified Teaching jobs secured by a legally binding contract Teacher tenure, awarded after probationary period (usually 3 yrs) Teachers may be dismissed for several reasons including: Nonperformance of duty, incompetency, insubordination Conviction of crimes involving moral turpitude, Failure to comply with reasonable orders, Violation of contract or local rules Persistent failure or refusal to maintain orderly discipline Revocation of teaching certificate Foundations of American Education, 15e Johnson, et al

14. Non-tenured Teachers Often do not enjoy the same rights May have limited due process rights spelled out by state Contract may not be renewed Dismissal before contract expiration requires due process Teacher have the right to collective bargaining Foundations of American Education, 15e Johnson, et al

15. Academic Freedom Teachers have limited academic freedom Teachers must be professionally responsible Cannot disregard school board decision on a textbook Have more freedom to provide supplemental methods Teachers’ freedom limited when effectiveness jeopardized Foundations of American Education, 15e Johnson, et al

16. Other Teacher legal issues FERPA, maintain confidential student records Parents have the rights to view their student’s records Teacher’s written comments must be shown to student’s/parent’s upon request. Peer review assignments allowed under law Teachers might be found liable for negligence, malpractice Foundations of American Education, 15e Johnson, et al

17. Technology and the Law School can monitor, read personal emails Girls and boys may be charged for “sexting” Technology, cell phones used to cheat Plagiarism, increasing issue for teachers Foundations of American Education, 15e Johnson, et al

18. Student Rights Student rights grounded in constitution Rights include: Right to an education, residency requirements apply Children of illegal immigrants Homeless students have right to appropriate education Right to sue, including individual board members Right to due process Students also have limited freedom of speech Schools can determine disruptive behavior Foundations of American Education, 15e Johnson, et al