EDL – 777

Justin Bathon
Spring 2009

Day 5

EDL 628
School Law and Ethics
Agenda
1. Announcements
1. Grades Back
2. YouTube Assignment
2. Exam
3. Evals
4. NCLB
1. Kentucky Reforms
5. Special Education
6. Future Directions
EDL 628
School Law and Ethics
 Think Now
• T/F: Teachers have a right to free expression
on matters of public concern?
• T/F: Teachers can be disciplined for elements
of their private life that impact the school?
• Freebe for working hard on Case Summaries.

EDL 628
School Law and Ethics
 EDL 628
School Law and Ethics
 IDEA Background
• Also Known As:
– Public Law 94-142
ndividuals with
(1975)
isabilities – Education for All
Handicapped Children
Act (EAHCA or EHA)
ducation

ct
FAPE, as defined by
the IEP, for all kids
3-21 in the LRE.
EDL 628
School Law and Ethics
 IDEA Background
– Mentally Retarded,
– Hard of Hearing,
– Deaf,
– Speech or Language Impaired,
– Visually Impaired,
– Blind,
– Emotionally Disturbed,
– Orthopedically Impaired,
– Autistic,
– Other Health Impaired,
– Learning Disabled, or
– Traumatically Brain Injured

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School Law and Ethics
Identification & Evaluation

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School Law and Ethics
 Individualized Education Plans
Goals

• A Parent, guardian or
When and
surrogate How Measures
Services of
• One general education Provided Progress
teacher
• One special education teacher
• An LEA representative IEP
knowledgeable about general Elements
curriculum (Administrator or Types of Inclusion in
Services General
Spec. Ed. Director). Pop.
• Someone qualified to interpret
the evaluation results
• Other individuals with
State
knowledge or expertise Assessment Related
Changes Services
• The child when appropriate

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School Law and Ethics
Free Appropriate Public Education
20 U.S.C. § 1401
(9) Free appropriate public education
The term ―free appropriate public education‖
means special education and related services that—
(A) have been provided at public expense, under public supervision and
direction, and without charge;
(B) meet the standards of the State educational agency;
(C) include an appropriate preschool, elementary school, or secondary school
education in the State involved; and
(D) are provided in conformity with the individualized education program
required under section 1414 (d) of this title.

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School Law and Ethics
 Least Restrictive Environment

Regular Education Special Education

Classroom Placement

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School Law and Ethics
 Suspensions

1 1
2 2
3 3
4 4
5 5
6 6
7 7
8 8
9 9
10 10

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School Law and Ethics
Weapons and Drugs

Interim Alternative
Educational Setting

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School Law and Ethics
 Expulsions
Not Related to Expulsion
Disability
Decision to Notice of Rights Manifestation
Expel to Parents Determination Must Return to
Related to IEP (can be
Disability modified)

A Manifestation of the Disability Bad

Behavior

Child’s
Disability
Not a Manifestation of the Disability

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School Law and Ethics
 Dispute Resolution Process
Due
Complaint Mediation Process
Hearing

Informal
Stay-Put Meeting Court

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School Law and Ethics
 Due Process Hearing
Procedures
Hearing Features • Must hold hearing within 30
days of notification.
• Administrative not judicial
• Meant to resolve issues
• 5 days prior to hearing, must
quickly disclose evidence.
• Allows parents to protect • Hearing functions like court.
rights without the expense of Can present evidence and
court witnesses and other side may
cross-examine.
Complaint Mediation
Due
Process
• Hearing Officer must write
Hearing

opinion within 45 days from

the parental notification.
Informal
Stay-Put Meeting Court

EDL 628
School Law and Ethics
 EDL – 628
School Law and Ethics
Justin Bathon
Fall 2008

EDL 628
School Law and Ethics
 The First Amendment & Teacher Speech
• Pickering v. Board of Education (1968)
– Jeopardized relationship with superiors or coworkers?
– Impaired classroom performance?
– Impeded school operations?
• Mt. Healthy (1977)
– School employees can be fired for independent
reasons even when expression claims exist
• Connick v. Myers (1983)
– The form, content & context of the expression must
relate to a matter of public concern. Private grievances
are not protected.

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School Law and Ethics
• Garcetti v. Ceballos
(2007)
– ―First Amendment does
not prohibit managerial
discipline based on an
employee's expressions
made pursuant to
official responsibilities.‖
• When a public
employee is acting
within the scope of their
official duties, they are
not acting as a citizen,
and thus, not entitled to
protection by the First
Amendment.

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School Law and Ethics
 Scenario #1
• A AP teacher complained to her superintendent
that it was unconscionable when the school
district cut funding of the gifted and talented
program.

Is this teacher’s speech protected under the First

Amendment?

EDL 628
School Law and Ethics
 Scenario #2
• A teacher appears on a television talk show as
a spokesperson for gay rights. Six members
from the community come to the
superintendent’s office demanding the dismissal
of the teacher.

Can the teacher lose her job?

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School Law and Ethics
 Teacher Lifestyle Choices
Is the teacher a role model both in
and out of the classroom?

http://www.edjurist.com/blog/2008/6/17/the-
magic-of-teachers-and-fear.html

http://www2.tbo.com/content/2008/may/06/
pa-presto-teacher-out-of-a-job/

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School Law and Ethics
 Can the school dismiss a teacher if
they disagree with a teacher’s lifestyle
choices?

• Yes. If the conduct has become notorious and the

conduct directly affects the performance of the
responsibilities of the teacher.

• Note: There must be a nexus between the

teacher’s conduct and the disruption.

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School Law and Ethics
 Privacy Rights
• Where do Privacy Rights come from?
– The 4th, 9th & 14th Amendments
• Fourth Amendment: protection against unreasonable search and
seizure.
• Ninth Amendment: personal privacy act as an unremunerated right
reserved to the people.
• Fourteenth Amendment: protection against state action impairing
personal liberties without due process of law.
• How do they affect schools?
• What do you make of this situation?
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School Law and Ethics
Past Attempted or Successful Dismissals
for Lifestyle Issues
• Adultery
• Involvement in Divorce
• Pregnancy out of Wedlock
• Homosexual Orientation or Conduct

• Lawrence v. Texas (2003)

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School Law and Ethics
 Where do we draw the line on
teacher privacy? Where should we?

Teacher’s Contract from 1923:

Miss agrees:
1. Not to get married. This contract
becomes null and void immediately if the
teacher marries.
2. Not to keep company with men.
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School Law and Ethics
3. To be home between the hours of 8:00
p.m. and 6:00 a.m. unless in attendance at a
school function.
4. Not to loiter downtown in ice cream stores.
5. Not to leave town at any time without the
permission of the chairman of the Board.
6. Not to smoke cigarettes. This contract
becomes null and void immediately if the
teacher is found smoking.
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School Law and Ethics
7. Not to drink beer, wine, or whiskey.
8. Not to ride in a carriage or automobile with
any man except her brother or father.
9. Not to dress in bright colors.
10. Not to dye her hair.
11. To wear at least two petticoats.
12. Not to wear dresses more than two inches
above the ankles
13. Not to use face powder, mascara, or paint
the lips

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School Law and Ethics
 What Amendments apply to privacy
rights? How?
• Fourth Amendment: protection against
unreasonable search and seizure.
• Ninth Amendment: personal privacy act as
an unremunerated right reserved to the
people.
• Fourteenth Amendment: protection against
state action impairing personal liberties
without due process of law.

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School Law and Ethics
Discussion Questions

EDL 628
School Law and Ethics