Ch. 10 Legal Perspectives on Education 1
In the news… http: //www. nashuatelegraph. com/newsstatenewengland/899 648 -227/court-upholds-school-pledge-in-nh-case. html 2
Relationship between US Constitution and states • Constitution is fundamental law for nation • When states make laws about education, they must be in accordance with the U. S. and state constitution. • Which amendments have particular significance to the governance of education? • First – Establishment of religion • Tenth – Education is reserved for the states • Fourteenth – Equal educational opportunity 3
Critical Religious Issues Determined by the Courts • • • Public Funds and Religions Education Religious Activities in public schools Prayer in Schools Evolution vs. Intelligent Design Battle Between Faith and Science video (My Ed Lab) http: //abavtooldev. pearsoncmg. com/myeducationlab/ singleplay. php? project. ID=foundations&clip. ID=battle_betw een_faith_and_science. flv 4
Guidelines for religion in public schools • Review Figure 10. 2 on page 266 5
Critical Racial Issues Determined by the Courts • Desegregation and Integration • Brown vs. Board of Education (My Ed Lab) http: //abavtooldev. pearsoncmg. com/myeducationlab/singleplay. php? project. ID=foundations&clip. ID=INFO_004_149. flv • School Busing (My Ed Lab) http: //abavtooldev. pearsoncmg. com/myeducationlab/singleplay. php? project. ID=foundations&clip. ID=school_busing. flv • Equal Opportunity – Title IX • Affirmative Action 6
Critical Issues Determined by Courts regarding Disabilities • Increased quality and rigor • Response to Intervention (RTI) • http: //www. wrightslaw. com/info/rti. index. htm • Aids as a disability 7
Teachers’ Rights and Responsibilities • • • Due process Teacher certificate - privilege, not a right Contract Tenure - Probationary period Right to bargain collectively • http: //www. youtube. com/watch? v=t. Euw 5 QQ 9 Pb. A • Academic Freedom • Book banning • Refer to Figure 10. 5 & 10. 6 on page 274 & 276 8
Teacher Responsibilities and Liabilities • http: //www. youtube. com/watch? v=Wu. BOe 9 y. UOj. A • http: //www. youtube. com/watch? v=yl. Ua. G 2 Y 3 RTY&feature =related • Educational Malpractice • http: //www. youtube. com/watch? v=Gicpy 4 Bz 6 m. A&feature=ch annel 9
Teacher and Student Uses of Technology & the Law • http: //www. youtube. com/watch? v=z. U 8 m-4_Cmt. U • http: //www. youtube. com/watch? v=VMJMSQj. UBc&feature=related • Email • Social Networking • Cheating 10
Students Rights & Responsibilities • • • Alien and homeless children Right to sue Right to due process Right to free speech Board has right to establish rules Dress codes Corporal Punishment Sex discrimination Marriage and pregnancy Child abuse and negl ect Student publications - Hazelwood Student and locker searches http: //www. youtube. com/watch? v=ITan. YFkz. EZU&feature=related 11