Edl 401 - Class 5

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: 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

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. EDL 628 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.

EDL 628 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?

EDL 628 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/themagic-of-teachers-and-fear.html

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

EDL 628 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. EDL 628 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? EDL 628 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) EDL 628 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. EDL 628 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. EDL 628 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 EDL 628 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. EDL 628 School Law and Ethics

Discussion Questions

EDL 628 School Law and Ethics