Download Legal Aspects of Teaching: Vocabulary and Employment Conditions - Prof. G. Grandstaff-Beck and more Study notes History of Education in PDF only on Docsity! Chapter 12 Teachers, Students, and the Law Vocabulary o Academic freedom o Disparate impact o Disparate treatment o Educational malpractice o Immorality o Incompetence o Insubordination o Negligence o Tort Terms and Conditions of Employment o Certification Most positions in teaching require a certificate or license Certificate or license only makes person eligible All states have established certification requirements o Citizenship and Residency Requirements Courts have upheld citizenship and residency requirements as a condition of employment o Health and Physical Requirements Most states and school boards have adopted health and physical requirements for teachers Schools, however, cannot discriminate against teachers with disabilities as long as it does not interfere with ability to teach o Employment Contract Must contain basic elements of Offer and acceptance Legally competent parties Consideration (compensation) Legal subject matter Agreement in the form required by law o Tenure Designed to maintain permanent and qualified teachers Teacher Dismissal o Grounds for dismissal The provisions for dismissing a teacher “for cause” varies among states Most frequently cited are immorality, incompetency, and insubordination School board must provide evidence and give teacher due process Factors for determining immoral conduct as cause for dismissal Age and maturity of the students Likelihood that conduct of teacher will have an adverse effect on other students or teachers Degree of anticipated adversity Proximity of the conduct Extenuating circumstances of event Likelihood that conduct would be repeated Underlying motives Chilling effect on rights of teachers Six categories for determining incompetency as cause for dismissal Inadequate teaching Lack of knowledge of subject Unreasonable discipline Failure to work effectively with colleagues, supervisors, or parents Physical or mental incapacity Neglect of duty Insubordination Persistent, willful, deliberate violation of rule or direct order Must be careful not to infringe on teachers’ constitutional rights Constitutional Rights of Teachers o The rights of teachers have recently expanded to include Procedural due process Freedom of expression Right to associate Academic freedom Rights of Privacy: Employee searches Freedom from employment discrimination and sexual harassment Equal opportunity and affirmative action Legal Responsibilities of Teachers o Reporting child abuse and neglect All states have enacted statutes requiring teachers to report actual or suspected child abuse and neglect immediately o Observing copyrights Fair use doctrine allows for nonprofit reproduction and use of materials for classroom use without permission under certain conditions o Tort liability of school district employees
