1. FOUNDATION OF EDUCATION
LEGAL ASPECTS OF
EDUCATION
2013 -
2014

2. AIM OF CHAPTER 9
- A general overview of the U.S. court system and examines the
legal topics and court decision that have most affected today’s
schools and teachers. The right and responsibilities of both
teacher and students and religion and schools.
2
Considered questions
1.1. What legal right and responsibilities do teacher have?What legal right and responsibilities do teacher have?
2.2. What are the legal rights of students?What are the legal rights of students?
3.3. Can religious activities be conducted in public schools?Can religious activities be conducted in public schools?
4.4. Can the government assist nonpublic schools?Can the government assist nonpublic schools?

3. 3
THE COURT SYSTEM
Federal court decide cases that involve
federal law and regulation constitutional
issues
Federal court decide cases that involve
federal law and regulation constitutional
issues
State court adjudicate cases that
involve state laws, state constitutional
provisions, school board policies, and
other non-federal problems
* Both federal and state court usually
require that perspective litigants exhaust all
administrative avenue available for
resolution before involving to court system

4. Municipal or superior court
Appellate Court
Supreme Court

5. 5
Supreme Court
Circuit courts of
appeal
District courts
Conflicting rulings
Decisions of a court
below the U.S Supreme
Court have force only in
the geographic area
served by that particular
court , it’s possible to
find conflicting ruling in
indifferent circuits.

6. The first and fourteenth amendments
6
The First Amendment
concerns freedom of religion, speech,
press, and assembly and the right” to
petition the government for redress of
grievances”
Establishment Clause
Free Exercise Clause
Prohibits the establishment of a
government-sanctioned religion
Protect rights of speech and
expression

7. 7
Fourteenth Amendment
No state shall“ deprive any person
of life, liberty, or property, with
out due process of law
No state shall “deny to any
person within its jurisdiction
of the equal protection of
the law”
Due Process Clause
Equal Protection Clause
Refers to the use of legal rules and
principles established to protect
the rights of the accused.

8. Teachers’ rights and responsibilities
8
Testing and Investigation of
Applicants for Certification
or Employment
Testing and Investigation of
Applicants for Certification
or Employment
Background Checks
Standards &
Assessment
Nondiscrimination
requirements
Almost everywhere
in the U.S,
individuals who
wish to teach in
grades k-12 must
possess teaching
certificate, which
are usually granted
by the state
.Using fingerprints
.checking with local,
state, and federal
enforcement agencies
- Criminal records
-Teachers have to pass competency
tests for continued employment.
-Minority and nonminority are equal

9. 9
Employment Contract
and Tenure
Probationary periodProbationary period Continuing employmentContinuing employment
Breach of contractBreach of contract
-One side fails to perform as agreed, the party that
breaded contracts may be sued for damages.
- Revoke the teacher’s certificate
-If the school breaks a contracts, teacher may be
awarded payment for damages
Granted tenure teacher are employed under a
continuing contract. The term means that their
reemployment for next year is guaranteed unless
school officials give notice by a special date that
the contract will not be renewed .
Tenure teacher is not referred to all
districts mean they have to take
period of probationary , which lasts
three years of consecutive,
satisfactory service, but some states
try to establish much shorter.

10. 10
Academic Freedom
Academic freedom refers to the teacher’s freedom to choose
subject matter and instructional materials relevant to course
without interference from administrators.
Teacher as Exemplar
or Role Model
Moral Standard
Renewed emphasis on
role-model responsibilities
Prohibiting gay
discrimination
Dress and grooming cases

11. Torts are civil wrongs. Under tort law, individuals who have suffered
through the improper conduct of other may sue for damages
11
Student Injure
Decline of
immunity
Standard of proper
care
Tort liability
and
negligence
Can danger be foreseen? Parental consent
form
Laws require
reporting abuse

12. 12
Copyright Laws
Copyright gives authors and artists control over the
reproduction and distribution of works they create.
Fair use
guidelines
Is a legal principle that allows
use of copyrighted materials
without permission from the
authors under specific,
limited condition
Video
recordings
Software
Internet

13. II. Students’ rights and responsibilitiesII. Students’ rights and responsibilities
Decline of in loco parentis (Being responsible for a child while theDecline of in loco parentis (Being responsible for a child while the
child’s parents are absent).child’s parents are absent).
Non-public school students not necessary protected.Non-public school students not necessary protected.
13

14. 1.Freedom of expression1.Freedom of expression
Guarantees of Free speech.Guarantees of Free speech.
Limits of Free speech.Limits of Free speech.
Regulate Students Publication.Regulate Students Publication.
Legitimate Regulation.Legitimate Regulation.
14

15. 1.2 Student use of internet and electric1.2 Student use of internet and electric
devicesdevices
Acceptable policies for internet useAcceptable policies for internet use
Suspension for digital ridiculeSuspension for digital ridicule
Cell-phone bansCell-phone bans
15

16. 1.3 Dress code and regulation1.3 Dress code and regulation
Mixed rulingMixed ruling
A rational basisA rational basis
Minimum due processMinimum due process
Written policiesWritten policies
16

17. 3. Protect from violence3. Protect from violence
School may be liable for violence.School may be liable for violence.
**Educators have a duty to protect students against violence actions**Educators have a duty to protect students against violence actions
that occur at school or at school sponsored events.that occur at school or at school sponsored events.
17

18. 3.1 Zero tolerance and its effects on school3.1 Zero tolerance and its effects on school
Gun free school actGun free school act
Zero toleranceZero tolerance
Zero tolerance sometimes out of controlZero tolerance sometimes out of control
*Make sure students have opportunities to talk with and connect*Make sure students have opportunities to talk with and connect
with caring adults.with caring adults.
*Provide flexibilities and consider alternatives to expulsion.*Provide flexibilities and consider alternatives to expulsion.
*Clearly define what constitutes a weapon, misbehavior, or a drug.*Clearly define what constitutes a weapon, misbehavior, or a drug.
*Tailor policies to local needs and review them annually.*Tailor policies to local needs and review them annually.
18

19. 4. Search and seizure4. Search and seizure
Four Amendment RightsFour Amendment Rights
**A legal search usually request a lawfully issued**A legal search usually request a lawfully issued
warranty. But rising drug use in school andwarranty. But rising drug use in school and
accompanying acts of violence have led some schoolaccompanying acts of violence have led some school
officials to install metal detectors or X-ray machinesofficials to install metal detectors or X-ray machines
to search for weapons. ==>Four Amendment whichto search for weapons. ==>Four Amendment which
help people to be secure in their persons, houses,help people to be secure in their persons, houses,
papers and effectspapers and effects..
19

20. 4. Search and seizure (Con’t). Search and seizure (Con’t)
Reasonable cause: Search usually are conductedReasonable cause: Search usually are conducted
because administrators have reasons to suspectbecause administrators have reasons to suspect
that illegal or dangerous items are premise.that illegal or dangerous items are premise.
T.L.O searching a purseT.L.O searching a purse
20

21. 4. Search and seizure (Cont.)
Two-sponged standardTwo-sponged standard
1.1. Whether the search is justified at its conceptionWhether the search is justified at its conception
2.2. Whether the search, when actually conducted, isWhether the search, when actually conducted, is
reasonably related in scope to the circumstancesreasonably related in scope to the circumstances
which justified the interference in the first place.which justified the interference in the first place.
21

22. 4. Search and seizure (Cont.)4. Search and seizure (Cont.)
Drug –sniffing dogsDrug –sniffing dogs
Strip-search unconstitutionalStrip-search unconstitutional
Guideline for searches.Guideline for searches.
- Search must be particularized- Search must be particularized..
- Lockers are consider school property and may be- Lockers are consider school property and may be
searched if reasonable cause exists.searched if reasonable cause exists.
22

23. 4. Search and seizure (Con’t)4. Search and seizure (Con’t)
- Dogs may be used to sniff lockers and cars.- Dogs may be used to sniff lockers and cars.
Generalized canine sniffing of students is permittedGeneralized canine sniffing of students is permitted
only when the dogs do not touch them.only when the dogs do not touch them.
- Strip searches are unconstitutional and should- Strip searches are unconstitutional and should
never be conducted.never be conducted.
23

24. - School officials may conduct searches on field trips,School officials may conduct searches on field trips,
but the usual standards for searches still apply.but the usual standards for searches still apply.
- School officials’ judgments are protected bySchool officials’ judgments are protected by
government immunity if the search is not knowinglygovernment immunity if the search is not knowingly
illegal.illegal.
24
4. Search and Seizure (Con’t)

25. 4.1. Video surveillance and
Search
• SurveillanceSurveillance is the monitoring of the behavior,is the monitoring of the behavior,
activities, or other changing information, usually ofactivities, or other changing information, usually of
people for the purpose of influencing, managing,people for the purpose of influencing, managing,
directing, or protecting.directing, or protecting.
• Video surveillance is very useful to governments andVideo surveillance is very useful to governments and
law enforcement to maintain social control, recognizelaw enforcement to maintain social control, recognize
and monitor threats, and prevent/investigate criminaland monitor threats, and prevent/investigate criminal
activity.activity. 25

26. 4.2. Testing athletes for drugs
• Some school-board members and other policySome school-board members and other policy
makers have urged administrators to introducemakers have urged administrators to introduce
random testing of student athletes’ urine torandom testing of student athletes’ urine to
detect marijuana, steroids, and other illegaldetect marijuana, steroids, and other illegal
substances.substances.
• U.S. Supreme court has permitted drug testingU.S. Supreme court has permitted drug testing
of students engaged in other extracurricularof students engaged in other extracurricular
(unusual) activities.(unusual) activities. 26

27. 4.3. Classroom discipline and
Corporal punishment
• Classroom discipline was the issue in a case involving a sixth grader whoClassroom discipline was the issue in a case involving a sixth grader who
was placed in a time-out area of the classroom whenever his behaviorwas placed in a time-out area of the classroom whenever his behavior
became disruptive (causing trouble).became disruptive (causing trouble).
• During Time-out (break-time) students are allowed to take rest, but ofDuring Time-out (break-time) students are allowed to take rest, but of
course they could do more than resting, but causing trouble ,etc.course they could do more than resting, but causing trouble ,etc.
• Some teachers have decided to slightly use corporal punishment (hitting)Some teachers have decided to slightly use corporal punishment (hitting)
in order to control those students even though it is not acceptable forin order to control those students even though it is not acceptable for
some parents and school.some parents and school. 27

28. 28

29. 4.4. Sexual harassment or Molestation of
Students
29
Article 246: Definition of indecentArticle 246: Definition of indecent
assaultassault
Touching, fondling or caressing theTouching, fondling or caressing the
sexual organs or other part of a personsexual organs or other part of a person
without that person’s consent orwithout that person’s consent or
coercing another person to performcoercing another person to perform
such acts on the perpetrator himself orsuch acts on the perpetrator himself or
herself or a third person for theherself or a third person for the
purpose of arousing the perpetrator orpurpose of arousing the perpetrator or
providing sexual pleasure to theproviding sexual pleasure to the
perpetrator constitutes indecentperpetrator constitutes indecent
assault. Imprison 1 - 3 years, 2 millionsassault. Imprison 1 - 3 years, 2 millions
– 6 million riels.– 6 million riels.
Article 250: Definition of sexualArticle 250: Definition of sexual
harassmentharassment
Sexual harassment shall mean the abuseSexual harassment shall mean the abuse
by one person of the authorityby one person of the authority
conferred by his or her functions againstconferred by his or her functions against
another person for the purpose ofanother person for the purpose of
applying pressure repeatedly in order toapplying pressure repeatedly in order to
obtain sexual favors. Imprison 6 monthsobtain sexual favors. Imprison 6 months
– 3 months, 100.000 – 500.000 riels.– 3 months, 100.000 – 500.000 riels.

30. 5. Students records and Privacy
rights
• Until 1974, students or their parents could not view mostUntil 1974, students or their parents could not view most
student records kept by schools, only government agenciesstudent records kept by schools, only government agencies
could do so.could do so.
• Later on, Public schools districts develop policies allowingLater on, Public schools districts develop policies allowing
parents access to their children’s official school records.parents access to their children’s official school records.
• Private notes, criminal behavior and memoranda ofPrivate notes, criminal behavior and memoranda of
teachers and administrators are not allowed to view.teachers and administrators are not allowed to view.
30

31. 6. Compulsory Attendance and Home
Schooling
• Every state has a law requiring children to attend school, usually fromEvery state has a law requiring children to attend school, usually from
age six or seven to age sixteen or seventeen.age six or seven to age sixteen or seventeen.
• Laws have usually been asked to demonstrate the home program’sLaws have usually been asked to demonstrate the home program’s
essential equivalence to public-school offerings with respect to subjectessential equivalence to public-school offerings with respect to subject
matter covered.matter covered.
• State government allow for home schooling, but depending on stateState government allow for home schooling, but depending on state
legislation, they impose regulations dealing with hours of study, testing,legislation, they impose regulations dealing with hours of study, testing,
etc.etc.
• In some states, they also must show test results indicating that theirIn some states, they also must show test results indicating that their
children’s education is comparable to that school-educated peers.children’s education is comparable to that school-educated peers. 31

32. 6.1. Need for Balance between Rights and
Responsibilities
• During the past several decades, many educators and parents haveDuring the past several decades, many educators and parents have
decided that the legal process is out of balance. They believed that thedecided that the legal process is out of balance. They believed that the
courts place too much emphasis on students rights and too little on thecourts place too much emphasis on students rights and too little on the
need for school discipline.need for school discipline.
• Schools rules are set to be reasonable and acceptable. Court are nowSchools rules are set to be reasonable and acceptable. Court are now
placing considerable confidence in school officials trusting those officials toplacing considerable confidence in school officials trusting those officials to
maintain a proper balance between students rights and the school’s needs.maintain a proper balance between students rights and the school’s needs.
32

33. 7. Religion and the Schools
• US government always prevents itself from experiencing theUS government always prevents itself from experiencing the
serious and often bloody conflicts that had occurred in Europe.serious and often bloody conflicts that had occurred in Europe.
• Government is neutral government, and while protecting all, itGovernment is neutral government, and while protecting all, it
prefers none, and it disparages (criticize) none. Meaning thatprefers none, and it disparages (criticize) none. Meaning that
individuals have rights to hold and freely practice their religiousindividuals have rights to hold and freely practice their religious
beliefs by any how they want to do it.beliefs by any how they want to do it.
• Government still needs to set regulations for those religiousGovernment still needs to set regulations for those religious
activities to make sure it is done orderly and rightly at school.activities to make sure it is done orderly and rightly at school.
33

34. 8. Government Regulation and Support for
Nonpublic school
• Government gave nonpublic school reasonable choice and discretion inGovernment gave nonpublic school reasonable choice and discretion in
respect of teacher, curriculum and textbooks. States have passed variousrespect of teacher, curriculum and textbooks. States have passed various
kinds of legislation to regulate nonpublic school. They require thekinds of legislation to regulate nonpublic school. They require the
employment of certified teachers, specify the number of days or hours theemployment of certified teachers, specify the number of days or hours the
school must be in session, insist that schools meet state accreditationschool must be in session, insist that schools meet state accreditation
standards.standards.
• State can legally offer many types of support for nonpublic schools,State can legally offer many types of support for nonpublic schools,
including transportation, books, and health services because it directlyincluding transportation, books, and health services because it directly
benefits child.benefits child. 34

35. Thank you for your
attention!
35