School Law For Teachers - Dr. W.A. Kritsonis

School Law for TeachersWilliam Allan Kritsonis, PhD

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


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?


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.


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


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.


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.


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


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


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”


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


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


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


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


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


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”


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


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