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School Law for Teachers William Allan Kritsonis, PhD

Good School Law For Teachers - Dr. William Allan Kritsonis

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William Allan Kritsonis, PhD (Revised Summer, 2009) William H. Parker Leadership Academy Hall of Honor In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students. Dr. Kritsonis Lectures at the University of Oxford, Oxford, England In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning. Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.” Educational Background Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California. Doctor of Humane Letters In June 2008, Dr. Kritsonis received the Doctor of Humane Letters, School of Graduate Studies from Southern Christian University. The ceremony was held at the Hilton Hotel in New Orleans, Louisiana. Professional Experience Dr. Kritsonis began his career as a teacher. He has served education as a principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has earned tenure as a professor at the highest academic rank at two major universities. Books – Articles – Lectures - Workshops Dr. Kritsonis lectures and conducts seminars and workshops on a variety of topics. He is author of more than 600 articles in professional journals and several books. His popular book SCHOOL DISCIPLINE: The Art of Survival is scheduled for its fourth edition. He is the author of the textbook William Kritsonis, PhD on Schooling that is used by many professors at colleges and universities throughout the nation and abroad. In 2008, Dr. Kritsonis coauthored the textbook A Statistical Journey: Taming of the Skew. The book has been adopted by professors in many colleges and universities throughout the nation. It was published by the Alexis/Austin Group, Murrieta, California. In 2007, Dr. Kritsonis’ version of the book of Ways of Knowing Through the Realms of Meaning (858 pages) was published in the United States of America in cooperation with partial financial support of Visiting Lecturers, Oxford Round Table (2005). The book is the product of a collaborative twenty-four year effort started in 1978 with the late Dr. Philip H. Phenix. Dr. Kritsonis was in continuous communication with Dr. Phenix until his death in 2002. In 2007, Dr. Kritsonis was the lead author of the textbook Practical Applications of Educational Research and Basic Statistics. The text provides practical content knowledge in research for graduate students at the doctoral and master’s levels. In 2009, Dr. Kritsonis’ b

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Page 1: Good   School Law For Teachers - Dr. William Allan Kritsonis

School Law for TeachersWilliam Allan Kritsonis, PhD

Page 2: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

78th Legislature Update Teacher Appraisal Textbooks Sexual Misconduct with Certain Students Probationary Contract Status Health Insurance

Page 3: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Sovereign immunity and liability Teachers are immune from tort

liability except in cases of negligence.

HOW OR FOR WHAT REASONS CAN WE BE HELD LIABLE FOR NEGILGENCE?

Page 4: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Professional code of ethics State Board of Educator Certification (SBEC) The educator shall not knowingly

deceptive practices regarding official policies misappropriate, divert, or use monies, personnel,

property, or equipment submit fraudulent requests for reimbursement,

expenses, or pay.

Page 5: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Code of Ethics continued use institutional or professional privileges for

personal or partisan advantage accept nor offer gratuities, gifts, or favors that

impair professional judgment not falsify records, or direct or coerce others to

do so. not interfere with a colleague's exercise of

political, professional, or citizenship rights

Page 6: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Code of Ethics continued not harm others by knowingly making false

statements about a colleague or the school not reveal confidential health or personnel

information concerning colleagues not reveal confidential information concerning

students furnish alcohol or illegal/unauthorized drugs to any

student or knowingly allow any student to consume alcohol or illegal/unauthorized drugs in the presence of the educator.

Page 7: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Code of ethics continued use coercive means or promise of special treatment in

order to influence professional decisions or colleagues deliberately or knowingly misrepresent facts regarding

a student exclude a student from participation in a program or

grant an advantage to a student on the basis of race, color, sex, disability, national origin, religion, or family status.

Page 8: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Student and family basic rights Center for Study and Prevention of Violence National School Safety Center

Parent Rights Student Rights Teacher Rights: http://www.tft.org/legal/speced.cfm

Teacher Grievances—TSTA: http://www.tsta.org/legal/grievance-teachers.shtml

Page 9: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Student and personnel records FERPA for known as Buckley Amendment

Family Rights to Privacy Acthttp://www.ed.gov/policy/gen/guid/fpco/ferpa/students.html?exp=0http://www.ed.gov/policy/gen/guid/fpco/ferpa/parents.html?exp=0

K-12 Classroom Law: http://www.edu-cyberpg.com/Teachers/Home_Teachers3.html

Parent Rights:http://www.tea.state.tx.us/parent_inv/prights.html

Page 10: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Special Education Basics FOLLOW PROCEDURES

Implement the IEP to the letter Have an IEP, not a GEP Modify appropriately Proper placement in the LRE Dot every “i” Cross every “t”

Page 11: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Special education basics IDEA Practices:

http://www.ideapractices.org/resources/index.php

IDEA Law: http://www.ideapractices.org/law/briefs/teachers.php

Parents RightsInformation on procedural safeguards and the rights of parents of students with disabilities.

Due Process HearingsInformation and link to the Special Education Due Process Hearing Decisions and

information about the Special Education Hearing Officers.  Texas Education Code (the state Law)  

http://www.tea.state.tx.us/tea/law.html

Page 12: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Special Education Continued

Federal Resource Center for Special Education

http://www.dssc.org/frc/index.htm National Information Center for Children and

Youth with Disabilitieshttp://www.nichcy.org/

http://www.ideapractices.org/law/briefs/brief05.php

Page 13: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Student discipline Consistency, Consistency

Consistency, Consistency Fair and Impartial Know and follow the policy Give due process

Inform student of policy Minimal Procedural

http://www.mtu.edu/studenthandbook/images/Student-Handbook-2002-Final.jpg

Page 14: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Complaints and grievances School Policies DGBA: Employees

Follow the steps and procedures Meet the time-line: Be Precise

FNG: Parents and Students Follow steps and procedures Meet the time-line: Be Precise

http://www.inserviceinc.com/graphics/grievance.jpg

Page 15: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Sexual harassment Hostile Environment (severe/prevasive)

Quid-Pro-Quo (exchangeof favors)

Requirements for Schools Report Investigate

http://www.wcwonline.org/harassment/ http://wgby.org/edu/flirt/agdisq.html Harassment-Free Hallways Site Index http://www.aauw.org/ef/harass/index.cfm

Page 16: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Child abuse reporting Your responsibility is to report suspected child

abuse or child neglect “having cause to believe physical or mental welfare has

been or may be adversely affected”

Page 17: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Teacher contract basics Probationary Contract

Requirement changed this year Continuing Contract Term Contract

http://www.gospelcom.net/rbc/ds_images/q0804/contract.gif http://www.bbc.co.uk/health/genes/images/contract.jpg

Page 18: Good   School Law For Teachers - Dr. William Allan Kritsonis

Robert L. Marshall Ed.D Texas A&M-Kingsville

Technology and copyright issues Copyright Basics:

Circular published by U.S. Copyright Office tu Copyright Basics Crash Course

http://www.utsystem.edu/OGC/intellectualproperty/cprtindx.htm#top

Selected Historic Copyright Decisions http://supct.law.cornell.edu/supct/cases/copyrt.htm

Dr. Marshall Computer and Internet Law http://education.tamuk.edu/EDED5322/links.htm http://education.tamuk.edu/EDED5322/cases/internet/default.htm