Chap 16: Legal Rights and Resposibilities of Staff and Students

8/2/2019 Chap 16: Legal Rights and Resposibilities of Staff and Students

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Chapter 16: Legal Rights andResponsibilities of Staff and

Students

Prepared by:

MUSIMARTIN BIN SIMON MP101472

AMZAH BIN UMAR MP12


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Legal Rights

andResponsibilities

of Staff andStudents

Legal Basesfo Schools

DueProcess

First &Fourth

Amendment

Issues ofEquity

CommonTort Liability

Setting

Element ofthe FamilyRight and

Privacy Act


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Common Tort Liability Setting

Tort: act or an omitted act, includingbreach of contract that result damage,injury, or loss to the injured person

who they may seek relief by legalaction

School employees are liable for theirfailure to carry out prescribed duties or

the failure to carry out these dutiescorrectly.

The best defense against lawsuits is

precaution.


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Common Tort

PupilsInjuries

PhysicalEducation,Field Trips,

OthersExtracurricular

Prog

Laboratories andShops

Playgrounds Classroom

RegulatingStudent Conduct

CorporalPunishme

ntSuspension/ Expulsion

Detention


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Pupils Injuries

Responsible to provide reasonable andprudent protection for their charges

Legally liable in tort for injuries arisingfrom their negligence

Principal responsible taking all steps topromote well being for student and staff-duty to plan and supervise that willminimize the possibility of injury

Providing information to staff membersabout their legal responsibilities anddeveloping a set of rules and regulation


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Physical Education, Field Trips, and otherExtracurricular Programs

Greater supervision is required

Carefully developed and wellunderstood written rules and

regulation for the governance Notification and approval in advance

by a parents or guardian


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Laboratories and Shops

Teacher must adequately instructstudent.

If there is evidence that student has

been permitted before being trainedand told the consequences ofimproper usage, negligence will be

difficult to disprove


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Playgrounds

Three major responsibilities forprincipal

Proper rules of behavior, consistent with

good safety practices must beimplemented

Adequate adult supervision should alwaysbe provided

Arrange for frequent and regularinspection and a reporting system aboutany hazardous conditions


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Classrooms

Principal should aware of a teachersabsence from the classroom.

Principal can be charged for

negligence if any injury resulted whilestudents were unsupervised


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Regulating Student Conduct

Many kind of disciplinary action areavailable to school administrator andteachers when pupils violate schoolpolicies and rules

Minor punishment: short term removalfrom the classroom, withholding certainprivileges, detention after school,

isolation from the rest of the class, beingsent to the principals office.

Suspension/Expulsion or CorporalPunishment (admin and teacher must

take great care in the prescription)-


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Corporal Punishment

Disciplinary action by the application ofphysical force.

Oldest disciplinary tool, least efficacious

Under in loco parentis the court continue to

uphold the right of teachers and principals touse reasonable force to ensure properconduct or to correct improper conduct.

Corporal punishment should never be

employed as a first line of punishment A written explanation must be sent to the

parent, stating the reason for the punishment


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Suspension/Expulsion

Suspension is a dismissal from theschool for a specific, but relatively short,length of time

Expulsion means permanent or long timedismissal from school (accomplishedonly by the board of education)

In-School Suspension: Taking the

student out of the regular classroom for aperiod of time and placing the student inanother learning situation withsupervision or in a designated special

class


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Detention

Principals and teachers do have theauthority to temporarily detain studentfrom participating in extracurricular

activities, to keep children afterschool.

False imprisonment may be claimed if

wrongly detains or detains student forunreasonable amount of time


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Issues of Equity

As a school principal they must knowthe laws, court decision andeducational guidelines with respect to

sex discrimination, desegregation,provision of the least restrictiveeducational environment for student

with disabilities


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Gender Discrimination

Occur most often in class assignment andadmission to programs or schools

Female have been excluded from certainspecialized vocational and prevocational

courses Title IX is bulwark against gender

discrimination

Title IX:

No person in the United States shall, on thebasis of sex, be excluded from participation in bedenied the benefit of, or be subjected todiscrimination under any education program oractivity receiving Federal financial assistance


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Providing for the Disabled

Education of All Handicapped ChildrenAct of 1975: least restrictive learning

environment for children who disabled

Certain right to education and fairtreatment for children disabilities'(Individual with Disabilities Education

Act 1990) Right to free appropriate education

Right to service in the least restrictivesetting


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cont.

Right to prior notice before any decision ismade

Right of parents to give consent before theirchild is evaluated

Right to full due process Right to assignment and program placement

without discrimination

Right to be served in accordance with an

individual program plan Right to be protected from harm

Right to see all records and to contest themin a hearing


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The Individual Education Plan An IEP is designed to meet the unique

educational needs of one child, who mayhave a disability

Developed by a team, including theappropriate professional educator and

the child parents. Must contains:

The childs current level performance A statement of goals and objectives

The nature of the educational servicesprovided The place and time the service will be

provided The kind of teachers, diagnosticians and

other professional who will be working whit


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Individuals withDisabalitiesEducation Act (IDEA) The Individuals with Disabilities

Education Act (IDEA) is a UnitedStates federal law that governs how

states and public agencies provideearly intervention, special education,and related services to children with

disabilities
http://en.wikipedia.org/wiki/United_States_federal_lawhttp://en.wikipedia.org/wiki/United_States_federal_lawhttp://en.wikipedia.org/wiki/Special_education_in_the_United_Stateshttp://en.wikipedia.org/wiki/Special_education_in_the_United_Stateshttp://en.wikipedia.org/wiki/United_States_federal_lawhttp://en.wikipedia.org/wiki/United_States_federal_law


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Employment Issues

School admin have the responsibilityto practice fair employment policiesand provide equal opportunity for job

aspirants Principal and school staff should

aware the federal and state laws and

court decisions that regulate decisionmaking about personnel selection andtermination


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American with Disabilities Act(ADA) Protect the employment right of the

disabled

Guidelines apply to employment

practices All position are open to qualified

applicants with disabilities

Opening must be posted in place that can

be reached Applicant may not be asked if they have a

disability or how it was caused

Medical info must be kept in separate file


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cont Employer must accommodate employees

who are disabled Readers, interpreters and attendants should

be provided Preemployment testing cannot discriminate

againts person with sight, hearing orspeaking limitation

Implication: Essential job skills will need to beeven more carefully established anddemonstratively related to the task that need

to be performed before an otherwise qualifiedperson with disabilities is denied employmentbecause of presumed inability to carry out jobresponsibilities.


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Racial and EthnicDiscrimination Separate but equal education was

determined by Supreme Court to beillegal and de juresegregation was an

improper use of local board ofeducation responsibility

Schools are now effectively

desegregated because of migrationand housing pattern


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Youth in Poverty

The funding formula for Title 1 hasbeen revised to target more dollars toschools with the highest concentration

of poverty School can use Title 1 money to

upgrade the entire schools

educational program School may develop a program to

include the entire school if 50% or

more of its students com from low


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Homeless Youth

The Mckinney Vento HomelessAssistance Act is a United States federallaw that provides federal money forhomelessshelter programs

The policy of the congress Equal access to the same free appropriate

public education

Homelessness is not sufficient reason toseparate students for the mainstream schoolenvironment

Have access to the education and otherservices needed
http://en.wikipedia.org/wiki/United_States_federal_lawhttp://en.wikipedia.org/wiki/United_States_federal_lawhttp://en.wikipedia.org/wiki/Homelessness_in_the_United_Stateshttp://en.wikipedia.org/wiki/Homeless_shelterhttp://en.wikipedia.org/wiki/Homeless_shelterhttp://en.wikipedia.org/wiki/Homelessness_in_the_United_Stateshttp://en.wikipedia.org/wiki/United_States_federal_lawhttp://en.wikipedia.org/wiki/United_States_federal_law


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Privacy and Confidentiality ofStudent Records Family Educational right and Privacy

Act 1974:

students and parents are permitted to

inspect and review record any dispute concerning the contents of a

students educational record, due process

must be provided

the record may not be disclosed tooutsiders except by the consent.


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Title I

Title I (pronounced Title One) is thelargest federal aid program forelementary, middle, and high schools.Through Title I, the Federalgovernment gives money to schooldistricts around the country based onthe number of low-income families in

each district. Each district uses its TitleI money for extra educational servicesfor children who arebehind in school.


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Separate but equal was a legaldoctrine in United States constitutionallaw that justified systems of

segregation. Under this doctrine,services, facilities and publicaccommodations were allowed to be

separated by race, on the conditionthat the quality of each group's publicfacilities was to remain equa
http://en.wikipedia.org/wiki/United_States_constitutional_lawhttp://en.wikipedia.org/wiki/United_States_constitutional_lawhttp://en.wikipedia.org/wiki/Racial_segregationhttp://en.wikipedia.org/wiki/Racial_segregationhttp://en.wikipedia.org/wiki/United_States_constitutional_lawhttp://en.wikipedia.org/wiki/United_States_constitutional_law

Documents

Chap 16: Legal Rights and Resposibilities of Staff and Students