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Legal Issues
Permission slips, grading, custodial rights, tenure . . . teachers have legal concerns about which they need to be aware and informed.
© Kappa Delta Pi 2014
Questions to Ponder
Can teachers post student grades or
test scores?
Why or why not?© Kappa Delta Pi 2014
Question to Ponder
Can volunteers grade students’ papers—such as a parent grading multiple
choice orspelling tests?
© Kappa Delta Pi 2014
FERPAFERPA–Family Educational Rights and Privacy Act
Directory Information A parent requests a class list with addresses for
birthday party invitations. Can the teacher give out this info?
Grading Papers Parents
Can parent volunteers grade students’ papers (such as a parent grading a multiple choice or spelling test)?
PeersIs it legal for students to grade each other’s papers?▫ Owasso Independent School District v. Falvo (Supreme Court)
Graded Student Work Samples During a parent conference, can another student’s
work be shown as an example of work done correctly or to represent on-grade-level work?
© Kappa Delta Pi 2014
FERPA Posting Grades• Is it okay for teachers to leave graded work
outside their door for student pick-up? Why or why not?• Can teachers post student grades or test
scores? Why or why not? Discussions between Faculty Members• Can teachers talk to other faculty members
about a student?
© Kappa Delta Pi 2014
Plan Book: Documentation Teacher’s Plan Book
• know rules for documenting lesson plans• know when and where plans must be available• book is legal document
courts can—and have—subpoenaed grade books
Public Law 94-142/Individuals withDisabilities Education Act (IDEA)• document IEP goals
repercussions for failure to document documenting strategies
Section 504 & LEP/ESOL• coverage
documenting student work, modifications, and more
© Kappa Delta Pi 2014
Questions to Ponder
Do teachers have freedomof speech withinthe school?
Do students?
© Kappa Delta Pi 2014
Freedom of Speech U.S. Constitution First Amendment
• “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble and to petition the Government for redress of grievances.”
Teachers do not “shed their constitutional rights to freedom of speech or expression at the school house gate.”
© Kappa Delta Pi 2014
Freedom of Speech: Students Freedom of Speech
• Tinker v. Des Moines Independent School District (1969)
denial of freedom of expression must be justified by a reasonable forecast of substantial school disruption“In our system, state-operated schools may not be enclaves to totalitarianism…[S]tudents may not be regarded as closed-circuit recipients of only that which the State chooses to communicate.”
• Bethel School District No. 403 v. Fraser (1986)speech within the classroom
• Hazelwood School District v. Kuhlmeier (1988)school newspaper
© Kappa Delta Pi 2014
Freedom of Speech: Students
Freedom of Speech in Dress• Massie v. Henry (1972)
hair lengthU.S. Court of Appeals (4th District)
• McNew (1998)—Surrey CountyPublic Schools, VA
blue hairAmerican Civil Liberties Union (ACLU) suit
Bethel School District No. 403 v. Fraser (1986)
© Kappa Delta Pi 2014
Bulletin Boards• Lee v. York County School Division (2007)
items removed by principalnot done in other classroomscomplaint regarding religious nature
Curriculum• Hammonds v. Mt Pleasant
ISD (1995)curriculum choices must be based
on county guidelines andprofessional standards
Freedom of Speech: Teachers
© Kappa Delta Pi 2014
Question to Ponder
Can a teacher’s life outsideof school cause him or her
to be fired?
© Kappa Delta Pi 2014
Teachers Social Media
• Facebook case: Barrow County School District v. Paynewww.cbsnews.com/8301-3445_162-7323148.html (8:07 min)
© Kappa Delta Pi 2014