Jeremy Hurd

EDAD 735 School Law

Final Exam

Spring 04

5-2-04

 

 

Part I.   Legal Issues:  The following Court cases are significant for a number or reasons.  All of the cases can be found in your textbook.  In each, I will provide you with the issue of significance.  You then will be responsible for finding the documentation in the case that addresses each issue.

 

1. Rose v. Council for Better Education- Most cases involving school finance issues center around equity and adequacy.  In the Rose case, the Supreme Court of Kentucky defined what they thought should be the minimum requirements for an adequate and efficient educational system.  According to the justices in this case, what are the seven capacities in which each child must be functional?  (7 points)

 

1. Sufficient oral and written communication skills to enable students to function in a complex an rapidly changing civilization
2. Sufficient knowledge of economic, social, and political systems to enable the students to make informed choices
3. Sufficient understanding of governmental processes to enable the student to understand the issues that affect his or her community, state, and nation
4. Sufficient self-knowledge and knowledge of his or her mental and physical wellness
5. Sufficient grounding in the arts to enable each student to appreciate is or her cultural and historical heritage
6. Sufficient training or preparation for advanced training in either academic or vocational fields so as to enable each child to choose and pursue life work intelligently
7. Sufficient levels of academic or vocational skills to enable public school students to compete favorably with their counterparts in surrounding states, in academics or in the job market.

 

b.   Richardson v. Lamar County Board of Education- This case addressed two types

     of “racial discrimination.”  List the two types of discrimination and explain the

     difference between the two. (6 points)

 

Disparate Treatment—This type of discrimination is usually proved by statistics provided by the plaintiff of discrimination against them.  In this particular case, the plaintiff claimed that the school refused to renew her contract because she was black.  She could have proven this by finding statistics on the ratio of current employees in the minority, recently hired minorities, and any other statitistics that shows that she had been discriminated against using race as a reason for hiring and firing practices. The plaintiff prevailed on this issue against the school board.

 

Disparate Impact—These type of cases involve employment practices that are facially neutral in their treatment of different groups but that in fact fall more harshly on one group than another and can’t be justified by business necessity.  In this case, the teacher said that the Alabama Initial Teacher Certification Test was impermissible because the test had a disparate impact on African-American teachers.  The teacher also prevailed on this issue.

 

3. Chee-Craw Teachers Association v. Unified School District No. 247, Crawford County- Many state statutes address the issue of what is or is not negotiable in the collective bargaining process.  In this case the Supreme Court of Kansas, the justices outlined many issues that were either negotiable or non-negotiable items.  Label each of the following terms as negotiable or non-negotiable based on this court case: (7 points).

 

Assignment and transfer                                          Non-Negotiable

Workday                                                                Negotiable

Form of individual teacher contracts                        Non-Negotiable

Frequency of report cards                                       Non-Negotiable

Pay for unused sick leave                                        Negotiable

Teacher disciplinary procedures                              Negotiable

Reduction in personnel                                            Non-Negotiable

 

 

4. Broward County School Board v. Ruiz- In most cases of negligence involving school personnel, courts are faced with three (3) questions:  Was there a legal duty to supervise?  Was that duty breached (for example: lack of adequate supervision)?  Was the direct cause of injury due to negligence?  Read the Broward case and document the Florida Court of Appeals’ ruling on these 3 aspects of the “theory of negligent supervision.” (6 points)

 

Was there a legal duty to supervise?

The court found that for the regular teachers and the coach, they were not liable for a legal duty to supervise.  The coach was responsible for monitoring practice on the field and thus could not be in the school cafeteria also.  The court confirmed this relating it to Benton v School Board of Broward County.  However, there was a duty on the part of the school to provide some time of security within the building roaming the hallways after school hours to provide safety for students still at the school.  The supervision was put in the hands of the school hiring security officers after school hours, thus the school neglected its duty to supervise.

 

Was that duty breached?

In the case of the school not having security personal on hand to monitor those areas of the school, yes the school breached it responsibility to provide adequate supervision in the area of the cafeteria where the assault occurred.

 

Was the direct cause of the injury due to negligence?

The only negligence in this case falls on the school and the school board.  The school should have provided more security in the areas of school where students may be after hours to insure their safety.  The school board and the school could have prevented the incident from occurring had there been someone in the halls to monitor situations like this one when they occur.  If the school had acted responsibly, had an active security personnel on duty, even if he/she was not in the area, the school would have acted without a breach of duty, the halls would have been supervised, and the school would not be negligent.

 

 

Part II.  State Statutes:  Chapter 26 of the South Dakota Codified Laws refers to minor children in the care of school officials in SDCL 26-8A-7 and SDCL 26-8A-8.  Look at these two statutes, which require a written school district policy.  If you were asked to review your district’s policy regarding the reporting of child abuse or neglect, what are four (4) components you might look for?  (4 points)

 

1. Is there a written and up to date policy regarding this issue in the school district policy?
2. Is the penalty for failure to report up to date as a Class 1 Misdemeanor?
3. If abuse is found, where would a school employee report to and is this current?
4. What actions must principals take and what guidelines must the keep when a suspected report of child abuse is in their realm of knowledge and whom do they report the acts of abuse to?

 

 

Part III.  Short Answer- This section contains 10 questions that require a short answer.  By a short answer, I mean a sentence or two (at most a short paragraph).  (30 points)

 

1. Teachers injured on the job have two basic paths by which they may receive compensation from their school district.  Explain this statement.

 

The two basic paths a teacher has is a lawsuit or worker compensation.  A lawsuit may come about if a teachers injuries where results from careless, reckless, or intentionally wrongful behavior on the part of the district or another of its employees.  Workers Compensation would come from an injury that a teacher had sustained on the job that was not really the fault of the school or individual

 

2. Why would it be to your benefit (as a school administrator) to list as a teaching assignment “Elementary Teacher” as opposed to “Second Grade Teacher” on an individual teaching contract?

 

If a teacher had signed a contract as an Elementary Teacher, it would be easier to imply that the teacher could be reassigned to a different grade level if the district or school felt a need to do so.  Listing the position as a second grade teacher imposes limits on the contract for a specific grade level and it could be something that the educator could use against the district if they were wanting to relocate the teacher.

 

3. Briefly explain what is meant by an “unfair labor practice.”

 

An unfair labor practice is a general right given to teachers that is attempted to be taken away by a school board or district without sufficient means.  Many unfair labor practices include, but not limited to:  dismissal, transfer or discharge of employees for engaging in union activities, denial by the employer of the use of facilities for proper union activities, attempts by the union or employer to coerce an employee to vote a certain way in a certification election, anti-union intimidation and harassment, and many others.

 

4. What is the difference between an “Assistive Technology Device” and an “Assistive Technology Service?”

 

An assistive technology device is a piece of equipment or product used to increase and maintain, or improve functional capabilities of children with disabilities such as a computer or hearing aid.  An assistive technology service is a service that assists a student in the selection, acquisition, or use of an assistive technology such as training a disabled child in the use of a computer or hearing aid, and etc.

 

5. Briefly differentiate between fact-finding, mediation, and arbitration.

 

In fact finding, the two sides, usually a teacher union and school board, submit whatever information they possess regarding their contract proposals.  Once these facts are composed, the findings are then put together in a report containing recommendations of what the final contract should be.

 

In mediation, both sides are brought together for continued talk and an individual uses human-relations skills to facilitate or coax agreement

 

In arbitration, an individual has the power of both mediator and fact finder, with the difference that the arbitrator’s findings are binding on both sides and has the power to dictate a contract that may not be rejected by either union or board.

 

6. What does it mean when a state allows “divisibility” in individual teaching contracts?

 

Divisibility in teacher contracts comes up when a teacher who has signed a teaching contract and who also coaches a sport(s) can keep their teaching contract even if they choose not to coach.  In most states, teacher sign an individual contract to teach, and another for each sport that they coach, thus creating divisibility between contracts signed depending on the nature of the contract.

 

7. In many issues dealing with students with disabilities, the “stay put” practice is followed.  What does the “stay put” practice consist of?

 

Parents who object to a proposed change of placement may agree to mediation or demand an impartial hearing and invoke the stay-put requirement, which is designed to maintain the status quo during the impartial hearing and subsequent appeals of a change of placement of a disabled student.

 

8. Some school districts when asked for information about a former employee will provide you with only the position title and dates of service.  Why might a district take this position with the general public?

 

A school district may want to take this position so as to protect the U.S. Constitution right to privacy of the teacher.  A former employee has the right to have personal information about them kept private.  If the former employer told a district that the teacher way gay, and that became the reason that she was not hired, and the teacher found out, the action could be taken to court and both district could find themselves in legal trouble regarding the right to privacy and hiring practices.

 

9. The FERPA Act or Buckley Amendment is designed to protect the privacy of students.  What particular problems does this act raise for school districts when the student reaches the age of 18?

 

When the student reaches the age of 18, the student can choose to keep his/her academic records private from their parents.  For example, if a senior in high school turns 18 at the beginning of the school year, that student has the sole right to their records and if the parent were to try and gain access to those records, they would have to do so through their student and gain permission from them.  The school district would have to ask the parent to get written permission from their student and could not give that information to the parent, even if the student is in the household and care of that parent.

 

10. Define briefly a “fair share” fee?

A fair share fee is a fee that is paid by non-union members to unions for representation services such as collective bargaining in negotiation proceedings.  Nonpayment usually results in dismissal for employment.  These fees do not relate to South Dakota, because the state is a right to work state.

 

Part IV.  School Law Scenarios (actually real examples).   Outline your responses to each of the following scenarios or describe for me what action you would take as your building’s chief administrator.  (10 points each)

 

1. Trista is an eleven-year-old 5^th grader who broke her leg sliding stepping into a hole in a pile of snow on the school’s playground.  Her parents notify you that they are going to sue the school alleging negligence for failing to maintain and inspect the playground.  They are also going to charge the school with failing to provide adequate supervision.  Your school rules require the girl to have recess on the playground. 

 

First I would make a formal apology to the parent and do my best to some way resolve the issue with the parent.  If I did not get anywhere with the parent, I would notify the superintendent about the issue and have the two of us consult a legal representative for the school to find out what liability that the school might have.  I would also find out who was on duty that day and have them make a statement about their whereabouts and what they saw while on duty.  I would also investigate the hole in the ground to find out if this was something that could not have been seen through the snow, how big the whole was, if melting snow perhaps caused it, and how the whole was made.  After seeking legal representation, I might offer to talk to the parent with the superintendent and both the parents and schools lawyers present to discuss the issue.  From the looks of this case, it does not look as if the school knew about the danger since the hole was blocked from view by the snow, thus limiting liability on the part of the school.  If I could also provide evidence that their was a teacher on duty, but that the incident was not viewed, there would not be a breach of duty on the part of the school for at least providing supervision.  Communication is key here to make sure that the issue can be resolved without litigation.

 

2. John is a tenth grade student who has Tourette’s Syndrome.  A student dashes into your office and tells you that John is standing in the middle of the hallway brandishing a gun and screaming obscenities. 

 

My first plan of action as an administrator would to immediately activate the schools emergency action plan by announcing a lockdown of all classrooms over the intercom.  In many schools, a lockdown situation would be in order where all of the school rooms are locked from the inside and the students are moved away from harm such as window into rooms.  Next I would have a secretary call 911 and report the security breach and I would also inform the school security guard about the incident.  I would also need to find out where the location of the student is in the building.  I would keep in contact with the security officer in this incident and would try to protect the student body from harm.  I could offer my assistance to the officer if he needed it, but may want to have this situation handled by the police regarding this situation and maintain contact with the security officer, who usually has a Walkie Talkie.  This is a very dangerous situation, and the first concern is the other students in school, next it is calling the security officer to check the situation, and also calling for backup and calling 911 to bring additional help to the school.  I would also make sure to let the authorities know that the student has Tourette’s Syndrome and I should be aware about the student’s disability.

 

3. It is Sunday evening.  You are enjoying a quiet evening at home with your spouse.  The phone rings and it is Mrs. Smith.  She tells you she really doesn’t want to talk about this at school.  One of the teaching staff is visiting her Senior daughter at work (usually once or twice a week) and today her daughter received a dozen roses with a card from “A Secret Admirer.”  Both of her daughters recognize the handwriting of that of the teacher mentioned earlier.

 

I would take the parents remarks and let her know that I am going to have a talk with the teacher the next school day in private.  I would also ask her if there was any possible relationship involved between the two or if the student did not want the advances of the teacher and if she felt as if she as being sexually harassed.  If she was being harassed, I would have a talk with the teacher about how this was not appropriate behavior for the teacher and that there is a conflict of interest (if she is 18) doing this, if under it could lead to statutory rape and a sexual harassment suit against the teacher and the school.  I would let the teacher know that these actions will need to cease, and if they did not, that it would be grounds for me to release the teacher from their position and I would also give the teacher a chance to speak their side of the story.  I would monitor the situation and also have a talk with the student one on one and let her know that if anything else happened, to inform me immediately.  I would promise her that I have had a talk with the teacher and have informed him that what he was doing needed to stop.  I would offer to answer any of her questions and keep an eye on the situation.  I would report back to the parent about the general conversation and would insure her that her daughter will be safe.  If the student was in his classroom, I may also offer a class change for the student if it would make the student feel more comfortable, if possible.  With sexual harassment and especially with teacher/student harassment, this is something that needs to be dealt with immediately so as to not let any other occurrences develop and hopefully with intervention the harassment will stop.

 

Part V. South Dakota Supreme Court (10 points)

 

 http://www.sdbar.org/opinions/2000/March/2000_042.htm

 

The URL listed contains the proceeding of a case involving the dismissal of a teacher.  Read the case and list at least five (5) reasons that contributed to the success of the school district in winning this case.

 

1. After receiving her evaluation, Linda was on notice that she would be placed on a plan of assistance. Plans of assistance are used by school districts to help teachers who are not performing as well as they could be. They indicate the areas in which the teacher needs to improve and convey information on how to achieve the level of improvement that is expected. The ultimate goal of any plan of assistance is to help the teacher make sufficient improvements to continue to be retained by the school district.  This was an appropriate action because the school was attempting to help the teacher retain their job by adhering to standards set for by the school

 

2.  The plan that was created appropriately noted the deficiencies in Linda's

evaluations, set forth the goals to be reached, indicated the improvements she could make and noted what assistance would be available from the school administration. Further, the plan noted a number of future evaluations that would be conducted as well as the time period the plan would be in place and the standards that needed to be met by the conclusion of the plan. Also listed were the consequences for Linda if she failed to meet the standards of the plan. The school gave Linda a chance to improve and provided a plan and course of action if she did not, therefore, Linda was aware of what she needed to do to keep her job.

 

3. The school district provided specific incident of incompetence such as her grading procedures and also letters from parents and incidents of her inability to adequately teach the students effectively based on her ability to help all of the students in the classroom.  This evidence helped to give sufficient evidence for the district to use for non-renewing the teachers contract.

 

4. During an executive session, several administrators recommended that Linda's

contract not be renewed for the 1998-99 academic year. The following day Linda was served with notice pursuant to SDCL 13-43-6.2 and 13-43-6.3 that her contract would not be renewed.  The required notice also informed her she had a right to a hearing in front of the school board.  This was the correct procedure on the part of the school based on state statutes.

 

5. The superintendent complied with state law when he provided the written notice

to Linda that contained the two reasons for non-renewal of her contract.  Linda claimed that she had not received written notice of why her contract was not renewed, but the court felt that the two reasons stated where enough to suffice a written statement of non-renewal.