Edl 401 - Class 4

EDL – 401 Justin Bathon Spring 2009

Day 4 EDL 628 School Law and Ethics

Agenda 1. Announcements/Questions – Review Sheet

2. ThinkNow 3. Search/Seizure 4. Instructional Issues – Copyright – Student Records

5. Special Education EDL 628 School Law and Ethics

ThinkNow 1. T/F: Teachers may make multiple copies of material marked with a © semester after semester. 2. T/F: Parents have several well defined curricular rights in regard to directing the content of instruction in their child’s classroom. 3. T/F: Schools may disclose, without consent of parents or students, directory information about students.

EDL 628 School Law and Ethics

EDL 628 School Law and Ethics

• ―… nor shall and State deprive any person of life, liberty, or property without due process of law…‖ • Life, Liberty & Property: Do Students Have These Things? • What does ―due process of law‖ mean?

The 14th Amendment & Due Process

Notice

– At minimum, it means at least 2 things.

• Does this mean we must give due process for all discipline?

Opportunity to be Heard

– Yes!!! – But, it can be very low. The greater the depravation, the greater the due process. EDL 628 School Law and Ethics

Suspensions & Expulsions Suspensions

Expulsions

Who?

Superintendents, Principals, Ass’t School Board Principals & Head Teacher.

How Long?

Up to 10 days.

A year for weapons. Can be less for drugs.

Due Process?

Notice & Opportunity to be Heard (can be minimal)

Notice & Formal Hearing before School Board.

EDL 628 School Law and Ethics

Other Issues in School Discipline • Weapons – 158.150(2)(a) – Gun Free School Zones Act of 1994 – What is a weapon? 527.070 – Zero-Tolerance, One Year Expulsion

• Drugs & Assault/Battery of Teachers 158.150(2)(b) • Corporal Punishment – Not prohibited by Statute (Kentucky in minority of states) – Districts can Prohibit

• Grade Reductions – Okay for absences and work missed, not okay as a disciplinary measure.

EDL 628 School Law and Ethics

Search and Seizure Reasonable Suspicion v. Probable Cause Justified at its Inception

Reasonable in Scope

Reasonable Suspicion

EDL 628 School Law and Ethics

The Expectation of Privacy      

Locker search Search of cars Search of coats/book bags Search of purse Search of pockets Strip search

EDL 628 School Law and Ethics

U.S. Supreme Court Cases • New Jersey v. T.L.O. (1985) • Vernonia School District v. Acton (1995) – Lower expectation of privacy in sports, thus, random drug testing of student athletes is allowed

• Board of Education v. Earls (2002) – Random Drug Testing of All Extra-Curricular Activities is allowed. http://www.kynews.org/articles/show/1321 EDL 628 School Law and Ethics

EDL 628 School Law and Ethics

• The State – however, most states do not prescribe a specific curriculum. Instead, they typically only legislate academic standards or instruction pertaining to a specific topic.

• 158.645 • 704 KAR 3:303 and 3:305

EDL 628 School Law and Ethics

• Other than the few prescriptions at the state level, the control over the school curriculum is largely left to local boards of education. • Also, unless curriculum decisions are arbitrary or violate a constitutional right, courts will generally uphold the decisions of local boards.

• What about Parental Challenges to the Curriculum? – Let’s Find Out. EDL 628 School Law and Ethics

Intelligent Design Debates • Creationism – Scopes Money Trial

• Latest: Dover, Pennsylvania Case • Nova Trailer

Clarence Darrow and William Jennings Bryan chat in court during the Scopes Trial.

• http://www.youtube.com/wa tch?v=8_sw60C66jY EDL 628 School Law and Ethics

Top 10 Books Banned in 2007 •

And Tango Makes Three, by Justin Richardson/Peter Parnell –

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Reasons: Sexually Explicit and Offensive Language

The Golden Compass, by Philip Pullman –

•

•

•

Reasons: Religious Viewpoint

The Adventures of Huckleberry Finn, by Mark Twain –

Reasons: Racism

Reasons: Sexually Explicit

It’s Perfectly Normal, by Robie Harris –

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Reasons: Sexually Explicit, Offensive Language, Unsuited to Age Group

I Know Why the Caged Bird Sings, by Maya Angelou –

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Reasons: Homosexuality, Sexually Explicit, Offensive Language,

TTYL, by Lauren Myracle –

Olive’s Ocean, by Kevin Henkes –

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Reasons: Sexually Explicit, Offensive Language, Violence

The Color Purple, by Alice Walker –

The Chocolate War, by Robert Cormier –

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Reasons: Anti-Ethnic, Sexism, Homosexuality, AntiFamily, Religious Viewpoint, Unsuited to Age Group

•

Reasons: Sex Education, Sexually Explicit

The Perks of Being A Wallflower, by Stephen Chbosky –

Reasons: Homosexuality, Sexually Explicit, Offensive Language, Unsuited to Age Group

RULE: As long as school boards establish clear policies to remove books, and they follow those policies, their decisions on the appropriateness of books for the school will be upheld absent religious or other devious motivation. EDL 628 School Law and Ethics

So …

Academic Freedom? • Teachers do not have any control over the school curriculum. If the school board fails to specify elements of the curriculum, teachers and principals may fill in the gaps. • Teachers do traditionally have control over the teaching strategies with which they implement the school curriculum. However, as employees of the school, if a school board determines the teacher is not using teaching strategies that are appropriate or effective in implementing the curriculum, they can be dismissed. EDL 628 School Law and Ethics

EDL 628 School Law and Ethics

Copyrighted Materials • Can a teacher use newspaper articles, book chapters and videos in class without author permission?

EDL 628 School Law and Ethics

Fair Use Considerations to Determine Fair Use

1. 2. 3. 4.

The purpose and character of the use The nature of the copyrighted work The amount of the work used The market effect

EDL 628 School Law and Ethics

Guidelines for Making Multiple Copies Brevity Spontaneity Cumulative Effect EDL 628 School Law and Ethics

Student Records • Family Educational Rights and Privacy Act (FERPA) – 1974 Federal funds will be withdrawn from any educational agency that (1) fails to provide parents access to their child’s educational records or (2) disseminates such information (with some exceptions) to third parties without parental permission. EDL 628 School Law and Ethics

Student Records in Kentucky • KRS 160.700 et. seq. – Educational Record Definitions – Release within a ―reasonable time.‖ (10-15 days) – Directory Information • Name, address, gender, grade, degrees, organizations …

– Military Recruiters

EDL 628 School Law and Ethics

Personnel Records • What is a public record?

• What does the public have a right to know? • Does FERPA apply?

Record Definition: 61.870 Right to Inspect: 61.872 Exceptions: 61.878 EDL 628 School Law and Ethics

EDL 628 School Law and Ethics

IDEA Background • Also Known As: ndividuals with isabilities

ducation ct

– Public Law 94-142 (1975) – Education for All Handicapped Children Act (EAHCA or EHA)

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 EDL 628 School Law and Ethics

Identification & Evaluation

EDL 628 School Law and Ethics

Individualized Education Plans Goals

• •

• •

• • •

A Parent, guardian or surrogate One general education teacher One special education teacher An LEA representative knowledgeable about general curriculum (Administrator or Spec. Ed. Director). Someone qualified to interpret the evaluation results Other individuals with knowledge or expertise The child when appropriate

When and How Services Provided

Types of Services

Measures of Progress

IEP Elements

State Assessment Changes

Inclusion in General Pop.

Related Services

EDL 628 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.

EDL 628 School Law and Ethics

Least Restrictive Environment Regular Education Classroom

Special Education Placement

EDL 628 School Law and Ethics

Suspensions 1 2 3 4 5 6 7 8 9 10

1 2 3 4 5 6 7 8 9 10 EDL 628 School Law and Ethics

Weapons and Drugs

Interim Alternative Educational Setting

EDL 628 School Law and Ethics

Expulsions Decision to Expel

Notice of Rights to Parents

Manifestation Determination

A Manifestation of the Disability

Not Related to Disability

Expulsion

Related to Disability

Must Return to IEP (can be modified)

Bad Behavior

Child’s Disability Not a Manifestation of the Disability

EDL 628 School Law and Ethics

Dispute Resolution Process Complaint

Mediation

Due Process Hearing

Stay-Put

Informal Meeting

Court

EDL 628 School Law and Ethics

Due Process Hearing Hearing Features • •

•

Administrative not judicial Meant to resolve issues quickly Allows parents to protect rights without the expense of court

Complaint

Mediation

Due Process Hearing

Stay-Put

Informal Meeting

Court

• • •

•

Procedures Must hold hearing within 30 days of notification. 5 days prior to hearing, must disclose evidence. Hearing functions like court. Can present evidence and witnesses and other side may cross-examine. Hearing Officer must write opinion within 45 days from the parental notification. EDL 628 School Law and Ethics