Public School Law: Hodgepodge

Anything not covered

April 18, 2023 1SL Student Due Process & Sexual Harassment

The cases- they keep on coming

What is sexual harassment? Unwelcome sexual advances Requests for sexual favors Other inappropriate oral, written, or

physical conduct of a sexual nature Issues involve “fitness to teach”

Sexual Harassment

Title IX intends to rid schools of sexual harassment. Enforced by the US Department of

Education’s Office of Civil Rights. Prohibits

Employee to Employee Sexual Harassment Employee to Student Sexual Harassment Student to Student Sexual Harassment

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Sexual Harassment

Title VII of the Civil Rights Act of 1964 Prohibits sexual harassment in the work

place Enforced by the Equal Employment

Opportunity Commission (EEOC).

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Sexual Harassment

Types of Sexual Harassment Quid pro quo

The person in power attempts to secure submission by offering a reward or threatening punishment in order obtain the desired sexual behavior.

Also called bargaining harassment

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Sexual Harassment

Types of Sexual Harassment Hostile Environment

“Encompasses behavior that causes the educational environment to become hostile, offensive, or intimidating to the student as a result of the harassment” (Alexander & Alexander, 2005, p. 461).

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Sexual Harassment

In Franklin v. Gwinnett County Public Schools (1992), the Supreme Court held that “plaintiffs could recover compensatory and punitive damages under Title IX” (Alexander & Alexander, 2005, p. 464).

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Sexual Harassment

In Davis v. Monroe County Board of Education (1999), the US Supreme Court held that school districts can be liable for student-to-student sexual harassment.(p. 469)

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Sexual Harassment

Districts are liable under Title IX when a relevant school official demonstrates “deliberate indifference” (Gebser v. Lago Vista Independent School District, 1998).(p. 466)

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Sexual Harassment

Deliberate Indifference Means A school official knew about the sexual

harassment and Failed to stop it, when he or she had

control over the harasser and the harassment context.

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To Hug or Not to Hug

That is the question

Sexual Harassment

For Districts, liability is limited only to those situations where “the school has substantial control over the harasser and the associated context” and where the harassment was “so sever, pervasive, and objectively offensive that it discriminates against the victim and effectively deprives him or her of access to educational opportunities or benefits” (Alexander & Alexander, 2005, p. 463).

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Child Abuse

Florida law requires, “all employees and agents of the district school board have an affirmative duty to report all actual or suspected cases of child abuse, abandonment, or neglect; have immunity from liability if they report such cases in good faith; and have a duty to comply with child protective…

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Child Abuse

investigations and all other provisions of law relating to child abuse, abandonment, and neglect” (Child abuse, abandonment, 2006).

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Negligent Hiring

Dance of the lemons Be honest Negligent hiring can cause problems

over many years

April 18, 2023 15SL Student Due Process & Sexual Harassment

Which of the following is the best pet for a second grade classroom?

A. a pine snake B. parrot C. two white mice D. A hamster

Answer:

Pets are not appropriate for the classroom; however teachers may keep animalsto study behavior

Regulations concerning animal use

Can animal abuse charges may be leveled against teachers? PETA- serious charges can lead to loss of job

What if an animal bites a student, staff member, or visitor?

What is an animal passes a disease to a person? What are some of these?

What if a student has an allergic reaction?

Science Experiments Using Animals

Good idea- no vertebrate animals including questionnaires of humans

Florida Game and Fresh Water Fish Commission, “Animals in the Classroom: What are the Rules?”

Bilingual Education

In Lau v. Nichols (1974), the US Supreme Court held that the San Francisco school system’s failure to provide English language instruction to Chinese speaking students violated the Civil Rights Act of 1964.

Copyright

Copyright Act PL 94-553 Act amended in 1998 called the

Digital Amendment to protect materials on the World Wide Web

Fair use standards B S C

Finance

1901- Marion v. Alexander Communities cannot levy taxes for schools unless the Legislature of the state enables them to do so

What problems could occur here?

1968 San Antonio v. Rodriguez

Differences: Edgewood and Alamo Heights-What did the Supreme Court say?

1989- TX Supreme Court- must come up with a fairer plan

Serrano v. Priest 1971 California

Florida Education Finance Program (FEFP)

1973 BSA x wFTE x DCD etc Districts must match funds in

property taxes but cannot go over millage cap

Collective Bargaining

Mandatory subjects Permissive subjects Non-negotiable items- 180 days for

students in Florida

Collective bargaining

Bargaining unit represents all teachers within the district even those not in the union

Florida is a right-to-work state- teachers cannot strike

FERPA

1974 Family Educational Rights and Privacy Act or Buckley Amendment

Governs privacy issues about students’ records in public schools and any institution receiving public funds

How much of your file is open to the public?

Confidentiality

Can a teacher tell a third party damaging information about a student?

Is information to a teacher confidential or privileged?

If a teacher is called into court, must the teacher relay the information?

Chronic Illness and Medical Emergencies

Sickle cell disease Epilepsy Asthma Diabetes AIDS/HIV medication

Prudent action

Be informed Act prudently