SCHOOL LAW for Teachers

1. SCHOOL LAW for Teachers Rev. 2012 McBride

2. U.S. CONSTITUTION • Did not provide for a free public education for all children • Responsibility for the education of the citizenry was the states’ rights • Article 1, Section 8 did provide for the common defense and general welfare of the citizenry, which has been the basis for establishing a universal system of public education.

3. 14th AMENDMENT • Establishes due process • Provides for equal protection for all citizens • Equal Protection Clause prohibits schools from classifying students on such factors as sex, age, intelligence, marital status, parents' residence, race, pregnancy, test scores, or wealth of the community

4. Sources of Educational Law • Statutory Law - written law established by a legally constituted and elected federal, state, or local body • Common Law - system of law in which legal principles are derived from usage as expressed through the courts and legal opinions, custom, and precedent • Administrative Law - formal regulations and decision of governmental agencies and elected officials

5. FEDERAL GOVERNMENT • Influences educational policy • Funds about 7% of the total amount spent on public elementary and secondary schools • Law of the Land - overrides any state or local statutes, regulations, or practices.

6. STATE GOVERNMENT • Provide free public schools for all children (F.A.P.E.) • Responsible for establishing and funding public education • Oregon’s legal framework is the Oregon Revised Statutes (ORS) • Policies set by Oregon’s State Board of Education are the Oregon Administrative Rules (OAR) • http://arcweb.sos.state.or.us/pages/rules/oars_500/oar_581/581_tofc.html

7. Respect - Does the action respect the individual’s dignity? Safety - What is the best course to ensure everyone’s safety? Student Welfare – What is good for the student? Fair Warning - Did the teacher, student, or parent know of the rule that was violated? Due Process. Did the individual have an opportunity to hear the charge, tell the other side of the story, and appeal to a higher level? Key Concepts of Law

8. 6. Consistency. Is the action consistent with what was done for others? 7. Public Relations Test. What is the effect of a decision on those not directly involved? 8. Consultation. What do colleagues say is the right thing to do? 9. Law and Policy. What laws, rules, and policies apply? Key Concepts of Law

9. EQUALITY IN EDUCATION 14th Amendment guarantees equal protection under the law to all citizens under federal and state law

10. COMPULSORY ATTENDANCE • All states have laws to compel students to attend school • ORS 339.020 states that parents or any "person having control of any child between the ages of 7 and 18 years who has not completed the 12th grade is required to send such child to and maintain such child in regular attendance at school during the entire term."

11. Basis of Pupil Assignment to Schools and Classes • Race as a Factor • Sex as a Factor • Marriage or pregnancy as factors • Exceptional status as factor

12. Race as a Factor • Plessy v. Ferguson (1886) - “Separate but equal” • Brown v. Board of Education, Topeka, KS (1954) – Desegregation • Plyler v. Doe (1982) - Educational opportunity for undocumented students

13. DESEGREGATION Brown v Board of Education (1954) • Segregated schools are inherently unequal • Despite many subsequent court decisions, schools are more segregated today than 20 years ago • Court ordered busing, magnet schools, and other strategies have failed to overcome defacto segregation

14. EDUCATION AND TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 • Civil Right Act of 1964: Outlawed major forms of discrimination against African Americans and women, including racial segregation. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace and by facilities that served the general public. • Title VI of the Civil Rights Act of 1964: “No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

15. Elementary and Secondary Education Act (ESEA)_1965(U. S. Federal Statute) • Part of Johnson’s “War on Poverty” • Funds primary and secondary education, while explicitly forbidding the establishment of a national curriculum • Emphasizes equal access to education and establishes high standards and accountability • Aims to shorten the achievement gaps between students by providing each child with fair and equal opportunities to achieve an exceptional education • Allows military recruiters access to 11th and 12th grade students' names, addresses, and telephone listings

16. Title VII_1967Keeping cultural values intact and pushing students to strive for academic excellence. • Title VII introduced a program for bilingual education, followed in 1968 by the Bilingual Education Act, mandating all school districts provide bilingual ed services • Title VII implemented plans to help Indian, Native Hawaiian, and Alaskan natives be provided opportunities for achieving academic equality • Title VII was replaced by Title III, “Language Instruction for Limited English Proficient and Immigrant Students” of the No Child Left Behind Act of 2001.

17. Undocumented Students • Plyler v. Doe (1982), the Supreme Court of the United States struck down a Texas statute denying educational funding for undocumented students and simultaneously struck down a municipal school district's attempt to charge illegal immigrants an annual $1,000 tuition fee for each undocumented student to compensate for the lost state funding.

18. Do NOT turn over student records to immigration officials or other agencies • The Family Educational Rights and Privacy Act (FERPA) 1974, is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

19. Controversy in Higher Ed • Some states deny eligibility for in-state tuition and scholarships, and other states even bar enrollment at public colleges and universities to illegal immigrants. What do you think should happen?

20. Sex as a Factor Title IX - Educational Amendments Act (1972) • Prohibits sexual discrimination in public and private educational institutions receiving federal aid • Includes sports, single sex classes, access to classes, enrollment

21. Pregnancy as a Factor Pregnancy Discrimination Act of 1978 Public Law 95-555 • Amends the Civil Rights Act of 1964 to prohibit exclusion from or discrimination against women because of pregnancy, childbirth or related medical conditions.

22. United States v. Virginia _1996 • The U.S. Supreme Court struck down the Virginia Military Institute’s long-standing male-only admission policy in a 7-1 decision. • Creation of a female-only academy was not considered an equal option.

23. Exceptional Status • English Language Learners • Special Education

24. English Language Learners Lau v. Nichols (1974) • Based on Title VI of 1964 Civil Rights Act which prohibits discrimination on basis of race or national origin • Schools districts must rectify language deficiency of students with limited English proficiency. “Sink or swim policy” is not OK • Court did not dictate a specific program

25. “Free appropriate public education” (F.A.P.E.) • “Free appropriate public education” guaranteed by the Education for All Handicapped Children Act of 1975 • States must develop policies that insure FAPE to all children with disabilities in order to receive federal funds • Replaced by IDEA (Individuals with Disabilties Act)

26. Board of Education v. Rowley_1982Clarifying F.A.P.E. • U.S. District Court ruled in favor of Rowley, believing the disparity between Rowley’s achievement and her potential led to the decision that Amy Rowley was not receiving a “free appropriate public education” • The court defined FAPE as the opportunity to achieve her full potential commensurate with the opportunity provided to other children. • According to the District Court, such a standard requires that the potential of the handicapped child be measured and compared to his or her performance, and that the remaining differential or shortfall be compared to the shortfall experienced by children without handicapping conditions.

27. Americans with Disabilities Act (ADA)_ 1990 • Prohibits employment and housing discrimination • Promotes structural accessibility requirements • Makes available telecommunications devices and services for people with hearing and speech impairments

28. SPECIAL EDUCATION Rehabilitation Act of 1973 Public Law 93-112. Section 504 “No one otherwise qualified handicapped individual shall solely by reason of the handicap, be excluded from any participation in, denied benefits of, or be subject to discrimination under any program receiving Federal assistance.”

29. SPECIAL EDUCATION Education for all Handicapped Children Act (1975) Public Law 94-142 • All children with disabilities to be provided access to free education • Schools must provide “least restrictive environment” • Each child with disabilities guaranteed an Individual Education Plan (IEP)

30. SPECIAL EDUCATION Individuals with Disabilities Education Act (IDEA)(1990) Public Law 101- 476 • Further defined the rights of individuals with disabilities in public school settings • Reauthorized in 1997 with added parental rights • Reauthorized in 2004 with attention to the IEP process, due process and discipline provisions

31. Accommodating Disabilities Rehabilitation Act (1973) Section 504 • Prohibits discrimination against individuals on basis of a disability • Appropriate accommodations must be made rather than exclusion or segregation (e.g. students with AIDS)

32. FREEDOM OF EXPRESSION • First Amendment guarantees freedom of expression (speech, press, assembly) AND • The term in loco parentis, Latin for "in the place of a parent” refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. • In loco parentis allowsschools to act in the best interests of the students as they see fit, although not allowing what would be considered violations of the students’ civil liberties.

33. RIGHTS of STUDENTS • Tinker v. Des Moines Independent School District (1969) • Wearing of black armbands • School officials may not censure student expression unless it causes a substantial disruption. • “Students do not shed their constitutional rights at the schoolhouse door.”

34. RIGHTS of STUDENTS • Assembly • Legal when activities are peaceful, do not violate schools rules nor result in property damage • Speech • Rights when attached to school activities can be limited

35. Restrictions on Speech • Bethel School District v. Fraser (1986) • Schools can punish students for using “offensively lewd and indecent speech” in the classroom, assemblies, and other school sponsored activities

36. Censorship • Hazelwood School District v. Kuhlmeier (1988) • Student newspaper is not a public forum • School officials may regulate contents of school-sponsored publications in a reasonable manner • Courts are less inclined to regulate non-school sponsored publications

37. Saluting the Flag West Virginia Board of Education v Barnette (1943) • Public schools may not force students to salute the flag

38. Student Dress • Regulated by local districts and state courts • Restrictions on dress and appearance: • Might create a health or safety problem • Does not meet community standards • Disruptive • Identified with gang involvement

39. Student Conduct & Safety • Schools must provide a safe environment for students • Serious consequences for threats of violence to others or property • 14th Amendment requires due process of law

40. Student Conduct OREGON LAW: ORS 339.250 • Requires students to comply with rules • Provides for schools to administer suspension, expulsion, removal, counseling, and issue written information about alternative programs • Use reasonable physical force to maintain order

41. STUDENT DUE PROCESS Goss v. Lopez (1975) • Due process guidelines for suspension • Students must know in advance the rules of behavior and disciplinary actions for violating the rules • Students must receive immediate and informed notice of an infraction and an opportunity to present their side of the story • Students have the right to appeal the decision

42. Disruptive Students in Special Education Honig v Doe (1988) • Exclusion for more than 10 consecutive days is change in student’s placement, which requires agreement between school & student’s parents or a court order IDEA (1997) • SPED students receive same treatment as those without disabilities unless exclusion is more than 10 days.

43. Corporal Punishment • Ingraham v. Wright (1977) • Student can sue if corporal punishment is excessive & violates 14th Amendment • ORS 339.250 • Reasonable physical force can be used to maintain order • Corporal punishment is prohibited

44. Search and Seizure • 4th Amendment • Protects against unlawful or unreasonable searches • New Jersey v T.L.O (1985) • School officials must have reasonable suspicion and consider objective of search, age, gender of student and nature of infraction • Law enforcement must have warrant

45. DRUG TESTING • Vernonia School District v Acton (1995) • Random drug testing of athletes is constitutional • Board of Education of Pottawatomi County School District v. Earls (2001) • Random drug testing for any competitive extracurricular activity is constitutional

46. Sexual Harassment • Civil Rights Act of 1964 (Title VII) • Prohibits discrimination because of sex • Includes sexual harassment by school official against student (1992 case) • Punitive damages awarded for assault based on sexual orientation (1996 case) • District may be liable for student to student sexual harassment (1999 case)

47. Federal Hate Crimes Law • On Oct. 28, 2009, the Matthew Shepard and James Byrd legislation expanded the legal definition of “hate crime” to include attacks based on sexual orientation. • A hate crime occurs when the perpetrator selects the victim because of the person’s actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability.

48. Oregon Equality Act (SB2) • Effective January 1, 2008 • Expands categories protected to include: race, color, religion, sex, sexual orientation, national origin, marital status, age or disability

49. Oregon Safe Schools ActHouse Bill 2599,_2009 Defines bullying, intimidation, harassment and cyber-bullying as any act that: Substantially interferes with a student’s educational benefits, opportunities or performance Takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation or at any official school bus stop Has the effect of physically harming a student or damaging a student’s property; or knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or creating a hostile educational environment, including interfering with the psychological well-being of a student; and

50. Oregon Safe Schools ActHouse Bill 2599,_2009~ continued • May be based on, but not limited to, the protected class status of a person. “Protected class” means a group of persons distinguished, or perceived to be distinguished, by race, color, religion, sex, sexual orientation (including real or perceived gender identity), national origin, marital status, familial status, disability or source of income.