Chapter 11Chapter 11

Rights, Responsibilities & the Law Rights, Responsibilities & the Law in American Schoolsin American Schools

Students’ Rights and Students’ Rights and ResponsibilitiesResponsibilities

The right to an educationThe right to an education

Individual rightsIndividual rights

The Right to an EducationThe Right to an Education

The “right” to education was not The “right” to education was not specifically guaranteed in the U.S. specifically guaranteed in the U.S. Constitution. Constitution.

Northwest Ordinance of 1787 provided Northwest Ordinance of 1787 provided land grants for education.land grants for education.

Implementation of public education was up Implementation of public education was up to local communities and states. to local communities and states.

Emergence of the Common Emergence of the Common SchoolsSchools

By the 1830s and 1840s, Common By the 1830s and 1840s, Common Schools had been established throughout Schools had been established throughout the country.the country.

By the eve of the American Civil War in By the eve of the American Civil War in 1861, many young people in this country 1861, many young people in this country were attending some school. were attending some school.

Many schools were Many schools were segregated… segregated…

Directly on the basis of gender and race.Directly on the basis of gender and race. Indirectly on the basis of national origin, Indirectly on the basis of national origin,

language, religion and physical condition. language, religion and physical condition.

Segregation Based on GenderSegregation Based on Gender

Women were typically excluded from most early Women were typically excluded from most early schools in the country.schools in the country.

Conventional “wisdom” of this era suggested Conventional “wisdom” of this era suggested that only men should receive an education.that only men should receive an education.

In the “public schools” of New England, young In the “public schools” of New England, young women were not allowed to attend school until women were not allowed to attend school until the end of the 1700s. the end of the 1700s.

This continued until 1828 when young women This continued until 1828 when young women finally were allowed to attend schools with young finally were allowed to attend schools with young men. men.

Women Enter Colleges Women Enter Colleges In the late 1800s and early 1900s, a few progressive In the late 1800s and early 1900s, a few progressive

colleges such as Oberlin in Ohio admitted women as well colleges such as Oberlin in Ohio admitted women as well as African Americans.as African Americans.

After the passage of the Eighteenth Amendment to the After the passage of the Eighteenth Amendment to the Constitution that guaranteed women the right to vote, Constitution that guaranteed women the right to vote, women began attending colleges.women began attending colleges.

Through the 1930s, 40s and 50s women gradually made Through the 1930s, 40s and 50s women gradually made their way into colleges and universities throughout the their way into colleges and universities throughout the country.country.

By the 1960s women were commonly seen on college By the 1960s women were commonly seen on college campuses.campuses.

Today more women are enrolled in colleges and Today more women are enrolled in colleges and universities than men. universities than men.

Title IX of the Educational Title IX of the Educational Amendments Amendments

In this 1972 amendment (called In this 1972 amendment (called Title IXTitle IX), ), Congress moved to eliminate gender Congress moved to eliminate gender discrimination in schools.discrimination in schools. Women are now allowed to fully participate in Women are now allowed to fully participate in

high school athletics. high school athletics. It is now illegal for schools to bar pregnant or It is now illegal for schools to bar pregnant or

married young women from the classroom.married young women from the classroom. Sex discrimination and sexual harassment is Sex discrimination and sexual harassment is

now illegal. now illegal.

Improving the Self-esteem of Girls Improving the Self-esteem of Girls Begin a mentoring program Begin a mentoring program Reward girls for academic and athletic performanceReward girls for academic and athletic performance Deemphasize the importance of physical Deemphasize the importance of physical

attractiveness attractiveness Select activities that value student individualitySelect activities that value student individuality Encourage both genders to work togetherEncourage both genders to work together Call on girls to respond to questions as often as Call on girls to respond to questions as often as

boysboys Give girls time to respondGive girls time to respond Ask questions that require an opinion, or problem Ask questions that require an opinion, or problem

solving skillssolving skills

Rights of handicapped studentsRights of handicapped students

Protected under Protected under PL 94-142PL 94-142 (1975) (1975) Strengthened with the passage of the Strengthened with the passage of the

Individuals with Disabilities Education ActIndividuals with Disabilities Education Act (1992)(1992) Required that all children with disabilities have Required that all children with disabilities have

the right to a free public education.the right to a free public education. HIV infected students are also protected HIV infected students are also protected

under PL 94-142. under PL 94-142.

Segregation Based on RaceSegregation Based on Race

Until 1865, many southern states passed Until 1865, many southern states passed laws that made education of slaves illegal. laws that made education of slaves illegal.

In the North, there were limited In the North, there were limited educational opportunities for free blacks. educational opportunities for free blacks.

Three Reconstruction AmendmentsThree Reconstruction Amendments

Thirteenth AmendmentThirteenth Amendment – freed the slaves – freed the slaves Fourteenth AmendmentFourteenth Amendment – provided civil – provided civil

rights for freedmenrights for freedmen Fifteenth AmendmentFifteenth Amendment – right to vote for – right to vote for

African American malesAfrican American males

Freedmen’s Bureau schoolsFreedmen’s Bureau schools

Established throughout the south during Established throughout the south during Reconstruction Reconstruction

By 1869 there were over 9000 teachers in By 1869 there were over 9000 teachers in Freedmen’s schoolsFreedmen’s schools

Hundreds of thousands of black children and Hundreds of thousands of black children and adults were educatedadults were educated

Many southerners perceived these schools as Many southerners perceived these schools as “northern oppression”“northern oppression”

By 1870, federal funding for Freedmen’s schools By 1870, federal funding for Freedmen’s schools was withdrawnwas withdrawn

Jim CrowJim Crow

Began when Reconstruction ended in Began when Reconstruction ended in 18771877

States attempted to strip the freedmen of States attempted to strip the freedmen of their political, social, and economic rightstheir political, social, and economic rights

Plessy v FergusonPlessy v Ferguson (1896) established the (1896) established the principle of separate but equalprinciple of separate but equal

Led to segregation of public schools until Led to segregation of public schools until Brown v Board of EducationBrown v Board of Education (1954) (1954)

De jure De jure SegregationSegregation

The Brown decision transformed American The Brown decision transformed American education by focusing on education by focusing on de jurede jure segregation segregation – – segregation due to law. segregation due to law.

And yet, in the years following the Brown And yet, in the years following the Brown decision, there was little progress toward decision, there was little progress toward desegregation of schools. desegregation of schools.

In 1964 Congress passed its landmark In 1964 Congress passed its landmark Civil Civil Rights LawRights Law. Title IV of this legislation gave the . Title IV of this legislation gave the federal government the legal power to sue federal government the legal power to sue school districts that had either ignored or were school districts that had either ignored or were slow to implement the Brown decision. slow to implement the Brown decision.

De facto De facto SegregationSegregation

Segregation due to patterns of residence Segregation due to patterns of residence Charlotte-Mecklenburg busing decision of Charlotte-Mecklenburg busing decision of

1971, (1971, (North Carolina State Board of North Carolina State Board of Education v SwanEducation v Swan) ) the U. S. Supreme Court ruled that it was the U. S. Supreme Court ruled that it was

appropriate for school districts to bus students appropriate for school districts to bus students to achieve racial desegregation. to achieve racial desegregation.

Second-Generation SegregationSecond-Generation Segregation

Black and Hispanic students however Black and Hispanic students however were often placed into one academic track were often placed into one academic track while whites were placed into another. while whites were placed into another.

This policy created rigid racial boundaries This policy created rigid racial boundaries within schools. within schools.

Affirmative ActionAffirmative Action

During the 1960s and 1970s there was a During the 1960s and 1970s there was a favorable climate for affirmative action favorable climate for affirmative action it was acceptable for institutions of higher learning to it was acceptable for institutions of higher learning to

expand the pool of qualified minority expand the pool of qualified minority candidatescandidates in in order to increase diversity. order to increase diversity.

The Supreme Court ruled in its The Supreme Court ruled in its Regents of University Regents of University of California v Allan Bakke, of California v Allan Bakke, 1978 that he had been 1978 that he had been discriminated against because of “racial quotas.” discriminated against because of “racial quotas.” However they also declared that while quotas were However they also declared that while quotas were unconstitutional, affirmative action clearly was within unconstitutional, affirmative action clearly was within the law. the law.

ResegregationResegregation

Recently the courts have retreated from Recently the courts have retreated from their previous positions of promoting their previous positions of promoting desegregation and affirmative action. desegregation and affirmative action.

Board of Education of Oklahoma City Board of Education of Oklahoma City Public Schools v DowellPublic Schools v Dowell decision, the decision, the court ruled that federal supervision of court ruled that federal supervision of desegregation was intended only as a desegregation was intended only as a temporary measure. temporary measure.

Individual Rights: Free Public Individual Rights: Free Public EducationEducation

Children have the right to a free public Children have the right to a free public educationeducation.. Parents do not have to pay real estate taxes, Parents do not have to pay real estate taxes,

or be citizens, or legal aliens for their children or be citizens, or legal aliens for their children to be eligible for a free public education. to be eligible for a free public education.

Homeless children have a right to education.Homeless children have a right to education. Students with disabilities are entitled to an Students with disabilities are entitled to an

“appropriate” education.“appropriate” education. Students cannot be prohibited from attending Students cannot be prohibited from attending

school because of pregnancy or marriage.school because of pregnancy or marriage.

Individual Rights: Due ProcessIndividual Rights: Due Process

Students have the right to due process.Students have the right to due process. Students have a right to a hearing in cases Students have a right to a hearing in cases

involving suspension or expulsion. (involving suspension or expulsion. (Goss v Goss v LopezLopez – 1975) – 1975)

Students or their parents have the right to sue Students or their parents have the right to sue individual school board members for the individual school board members for the violation of their “due process”.violation of their “due process”.

However, students or parents cannot sue the However, students or parents cannot sue the school district or the school board as a whole. school district or the school board as a whole. ( (Wood v StricklandWood v Strickland – 1975) – 1975)

Individual Rights: Freedom of Individual Rights: Freedom of SpeechSpeech

Students have the right to Freedom of Students have the right to Freedom of SpeechSpeech Students’ speech or behavior, however, Students’ speech or behavior, however,

cannot be aggressive or disrupt the school.cannot be aggressive or disrupt the school. Students moreover, cannot make sexual Students moreover, cannot make sexual

remarks or innuendos, because this is remarks or innuendos, because this is disruptive to the school environment. (disruptive to the school environment. (Bethel Bethel School District v Fraser-School District v Fraser-1986)1986)

Individual Rights: Access to Individual Rights: Access to RecordsRecords

Buckley AmendmentBuckley Amendment - also called Public Law 93- - also called Public Law 93-380 (1974) allowed parents access to their 380 (1974) allowed parents access to their child’s school recordschild’s school records

Established a policy regarding parents viewing Established a policy regarding parents viewing school recordsschool records

Required written parental approval before Required written parental approval before releasing individual student records to others releasing individual student records to others (except appropriate school personnel, such as (except appropriate school personnel, such as teachers, counselors, special education teachers, counselors, special education teachers, etc.)teachers, etc.)

Rights of Schools (Rights of Schools (in loco parentisin loco parentis) )

Schools can establish dress codes. Schools can establish dress codes. Schools may administer corporal punishment, depending Schools may administer corporal punishment, depending

on state law and school district policy. (on state law and school district policy. (Ingraham v Ingraham v WrightWright – 1977) – 1977)

Schools have the right to conduct drug testing for Schools have the right to conduct drug testing for athletes and students participating in extracurricular athletes and students participating in extracurricular activities. (activities. (Vernonia v ActonVernonia v Acton -1995) -1995)

Schools have the right to search lockers, desks, and Schools have the right to search lockers, desks, and cars parked in school parking lots.cars parked in school parking lots.

Schools can suspend dangerous students for a Schools can suspend dangerous students for a maximum of ten days.maximum of ten days.

Teachers’ Rights: Sexual Teachers’ Rights: Sexual Harassment and Gender EqualityHarassment and Gender Equality

InIn North Haven Board of Education v BellNorth Haven Board of Education v Bell, 1982 , 1982 the court argued that Title IX legislation applies the court argued that Title IX legislation applies to both students and teachers.to both students and teachers.

InIn Cleveland Board of Education v LaFleurCleveland Board of Education v LaFleur, the , the court ruled that mandatory maternity leaves court ruled that mandatory maternity leaves were a violation of the rights of teachers under were a violation of the rights of teachers under Title IX.Title IX.

In In Burkey v Marshall County Board of EducationBurkey v Marshall County Board of Education, , 19811981 the court ruledthe court ruled that gender discrimination that gender discrimination in pay violated the Civil Rights Act of 1964 and in pay violated the Civil Rights Act of 1964 and therefore was unconstitutional. therefore was unconstitutional.

Teachers’ Rights: Due ProcessTeachers’ Rights: Due Process

InIn Pickering v Board of EducationPickering v Board of Education (1968) (1968), , the court ruled that a school board cannot the court ruled that a school board cannot fire a teacher because it objected to what fire a teacher because it objected to what they had written or said about them. they had written or said about them.

On the other hand, irresponsible, reckless On the other hand, irresponsible, reckless or false statements by a teacher can result or false statements by a teacher can result in dismissal. in dismissal.

Teachers’ Rights: Collective Teachers’ Rights: Collective BargainingBargaining

Teachers have the right, under the Thirteenth and Fourteenth Teachers have the right, under the Thirteenth and Fourteenth Amendments to engage in union activities including collective Amendments to engage in union activities including collective bargaining.bargaining.

However if teachers do not have the right to strike, the court However if teachers do not have the right to strike, the court has ruled in has ruled in Hortonville Joint School District v Hortonville Hortonville Joint School District v Hortonville Education AssociationEducation Association (1976) that striking teachers can be (1976) that striking teachers can be fired. fired.

Unions can negotiate issues such as: allocation of money, Unions can negotiate issues such as: allocation of money, academic freedom, class size, planning time, released time academic freedom, class size, planning time, released time for lunch, insurance benefits, and teaching supplies.for lunch, insurance benefits, and teaching supplies.

Unions can enforce the hiring of qualified, licensed teachers.Unions can enforce the hiring of qualified, licensed teachers. Unions can seek special support services for students (i.e., Unions can seek special support services for students (i.e.,

school counselors, special education teachers, speech school counselors, special education teachers, speech therapists, school social workers, etc.)therapists, school social workers, etc.)

Teachers’ Rights: Academic Teachers’ Rights: Academic FreedomFreedom

The court has ruled that the classroom is a The court has ruled that the classroom is a “marketplace of ideas” and that as long we do “marketplace of ideas” and that as long we do not “propagandize” or attempt to indoctrinate our not “propagandize” or attempt to indoctrinate our students, we have significant academic freedom.students, we have significant academic freedom.

In In Cary v Board of EducationCary v Board of Education, 1977, the Federal , 1977, the Federal Appellate Court argued that “[teachers] cannot Appellate Court argued that “[teachers] cannot be made to simply read from a script prepared or be made to simply read from a script prepared or approved by the [school] board.” approved by the [school] board.” As long as instruction is not “obscene”, is relevant to As long as instruction is not “obscene”, is relevant to

the subject you are responsible to teach, does not the subject you are responsible to teach, does not disrupt the class, and is not specifically prohibited by disrupt the class, and is not specifically prohibited by state law or school policy, you have the right to teach state law or school policy, you have the right to teach it in your classroom.it in your classroom.

Separation of Church and StateSeparation of Church and State

School PrayerSchool Prayer - The Court ruled in - The Court ruled in Engle v VitaleEngle v Vitale (1962) that (1962) that required prayer in public schools was unconstitutional.required prayer in public schools was unconstitutional.

Silent PrayerSilent Prayer – In – In Wallace v JaffreeWallace v Jaffree (1985) the court ruled that silent (1985) the court ruled that silent prayer, or a moment of silence led by teachers was unconstitutional. prayer, or a moment of silence led by teachers was unconstitutional.

Prohibiting teaching of evolutionProhibiting teaching of evolution – the Court ruled in – the Court ruled in Epperson v Epperson v State of ArkansasState of Arkansas (1968) that teaching evolution could not be (1968) that teaching evolution could not be prohibited. prohibited.

CreationismCreationism – in – in Edwards v AgulardEdwards v Agulard (1987) the court ruled that (1987) the court ruled that schools cannot require the teaching of creationism. schools cannot require the teaching of creationism.

Intelligent DesignIntelligent Design - More recently the court has ruled that - More recently the court has ruled that incorporating “intelligent design” into the curriculum is a thinly veiled incorporating “intelligent design” into the curriculum is a thinly veiled attempt to teach a form of creationism and therefore is attempt to teach a form of creationism and therefore is unconstitutional. unconstitutional.

On the other hand, the Court has ruled that student religious clubs On the other hand, the Court has ruled that student religious clubs and organizations do have the right to use school facilities. (and organizations do have the right to use school facilities. (Board Board of Education of the Westside Community Schools v Mergensof Education of the Westside Community Schools v Mergens, 1990) , 1990)

Personal Life and Lifestyle Personal Life and Lifestyle As teachers we enjoy both academic freedom As teachers we enjoy both academic freedom

and freedom of speech. We also have some and freedom of speech. We also have some freedom regarding our personal life and lifestyle. freedom regarding our personal life and lifestyle.

For example, the Supreme Court ruled in For example, the Supreme Court ruled in Thompson v Southwest School DistrictThompson v Southwest School District, 1980 , 1980 that a teacher could not be fired because she that a teacher could not be fired because she was living with her boyfriend. was living with her boyfriend.

Other issues regarding lifestyle - such as not Other issues regarding lifestyle - such as not attending church - are not grounds for dismissal, attending church - are not grounds for dismissal, though dress codes continue to be part of the though dress codes continue to be part of the life of teachers. life of teachers.

Legal LiabilityLegal Liability Generally speaking, the area of teacher Generally speaking, the area of teacher

negligence or legal liability involves four negligence or legal liability involves four distinct areas of the law: distinct areas of the law:

MalfeasanceMalfeasance- a teacher does something illegal that - a teacher does something illegal that results in injury to the student (spanking) results in injury to the student (spanking)

MisfeasanceMisfeasance- the teacher does not perform his/her - the teacher does not perform his/her duties according to an established standard of duties according to an established standard of conduct (safety code violations) conduct (safety code violations)

NonfeasanceNonfeasance- failing to perform a required act (the - failing to perform a required act (the teacher fails to notify the office of a serious injury) teacher fails to notify the office of a serious injury)

Contributory and Comparative NegligenceContributory and Comparative Negligence-- failure to exercise due care as a teacherfailure to exercise due care as a teacher