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44 Cards in this Set
- Front
- Back
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What is reasonable care?
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Degree of care a teacher of ordinary prudence would have used under like circumstances.
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What does Reasonable Care depend on?
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Depends on the maturity and experience of the students, and the extent of danger involved.
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What is Contributory Negligence?
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When a students own negligence contributes to the injury
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What is the purpose of Comparable Negligence laws?
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To permit the judge or jury to compare the relative negligence of the plaintiff and the defendant in causing the injury; to reduce the plaintiff's award in proportion to its negligence
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How do waivers or release forms prevent injured students from suing?
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These typically don't prevent injured students from sueing; typically upheld if 'limits of liability' are precisely defined.
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What is a Tort?
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Wrongful negligence due to injury. --from class
A civil wrong done by one person to another... There must be 1) a legal duty owed by one person to another; 2) a breach of that duty; and 3) harm done as a direct result of the action. |
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What is Tort Immunity?
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educational institutions are granted IMMUNITY from both damage awards and assessments of liability in tort.
An immunity is a defense to a legal action where public policy demands special protection for an entity or a class of persons participating in a particular field or activity. Historically, immunity from tort litigation has been granted to government units, public officials, charities, educational institutions, spouses, parents, and children. |
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What are four things students must prove to hold a teacher liable for damages?
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1) Teacher had a duty to not injure the student and to protect from being injured;
2) Teacher failed to use due care; 3) Teacher's carelessness caused the injury; and 4) Student sustained provable damages. |
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Are teachers required to supervise students at all times? Explain.
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No, it depends on the conditions;
Dangerous activities required full supervision. |
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What is the purpose of the Paul D. Coverdell Teacher Protection Act provision of the No Child Left Behind Act?
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Protects teachers from being sued for acts arising out of the normal course of their jobs, including imposing discipline on students.
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What are defamation statements?
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Libel and Slander
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What is defamation?
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Making a false statement of fact that tends to harm another person's reputation.
Exposing another person to hatred, shame, disgrace, contempt or ridicule. |
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What is Libel?
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The written form of defamation.
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What is Slander?
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The spoken form of defamation.
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What does FERPA stand for?
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Family Educational Rights and Privacy Act of 1974
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What is FERPA for?
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Guarantees students' rights to privacy in their educational records.
It states that students and parents must have access to the students' permanent records. |
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What is Child Abuse?
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Physical or mental injury;
Sexual abuse or exploitation; Negligent treatment or maltreatment... of a child under the age of 18 (or as specified by the State's child protection law), by a person responsible for the child's welfare |
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Is a reporter of child abuse protected?
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Yes, every state provides immunity by law from civil suit and criminal prosecution that might arise from the reporting of a suspected child abuse or neglect.
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What are the requirements for mandatory abuse reporting?
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By law, we MUST report a suspected case of child abuse or neglect.
We are criminally liable for failure to do so! |
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What act requires teachers to report abuse?
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Model Child Protection Act
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What is the purpose of a copyright law?
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Gives authors property rights to their works;
Prevents copying without permission. |
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What is the TEACH Act of 1976 about?
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Allows copyrighted works for distance learning, without permission.
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What does TEACH of the TEACH Act of 1976 stand for?
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Technology, Education and Copyright Harmony Act
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What is the Fair Use Doctrine?
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An exception to the general rules of copyright law;
Allows use of (c) material in a reasonable manner without the securing consent. |
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What is the Fair Use Doctrine designed to balance?
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Balances the exclusive rights of the copyright owner against the public's interest in gaining information of a universal concern.
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In terms of the Fair Use Doctrine, what are the courts interested in (what do they look at)?
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1) The purpose of the use;
2) The nature of the (c) work; 3) Amount used in relation to the (c) work as a whole; 4) The effect on the (c) work's value |
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When can schools restrict students' expression?
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When expression materially disrupts classwork; or
When it involves substantial disorder or invasion of the rights of others. |
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When cannot school restrict students' expression?
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When the expression is not expected to cause disorder or interfere with school work.
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When can a school restrict teachers' dress / grooming?
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If the dress/grooming has an adverse effect on the educational process; or
The school policy has to be reasonable. |
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Can teachers dress as they wish?
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No..
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Can teachers be disciplined for dressing as they wish?
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yes
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Wood v Strickland
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Premise:
Board members and Admins can be liable for violation of students constitutional rights. AR students suspended w/o due process. Supreme Court Decision: In favor of admins: Officials had qualified immunity, and not liable. Reasons: They did not reasonably know that their action within their official responsibility violated the students' const rights. |
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Bethel v. Fraser
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Premise:
Offensively lewd and indecent speech giving explicit sexual metaphor. Student (Fraser) claims free speech rights violated. Supreme Court Decision: Agreed with school - Schools have discretion to determine what manner of speech is vulgar and offensive in classrooms/assemblies. Reasons: Caused substantial disruption or interfered with the rights of others. |
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Pickering v Board of Ed
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Premise:
Should a public school teacher have more freedom than an employee in private industry? Pickering sent sarcastic letter to newspaper regarding sports expenses and low salaries. Supreme Court Decision: In favor of Pickering Reasons: Absent of proof of false statements knowingly or recklessly made by him, a teacher's exercize of his right to speak on issues of public importance may not furnish the basis for his dismissal from public employment. |
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Hazelwood v Kulhmeier
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Premice:
A Hazelwood HS Student wrote article on students' experiences with pregnancy/divorce using false names (but easily identifiable) Supreme Court Decision: In favor of Hazelwood Reasons: Protection of student anonymity and to protect younger students from 'frank talk' of sex. |
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Tinker v Des Moines
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Premice:
Vietnam protests, students wanted to wear black arm bands, school policy against the arm bands. Students wore bands anyway. Supreme Court Decision: Ban on arm bands is unconstitutional Reasons: Cannot block freedom of speech simply because you fear a disruption (unless it has occurred before) |
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Lee v. Weisman
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Premice:
Prayer during graduation; principal invited a rabbi to give a prayer; school argued that the prayer was nonsectarian. Supreme Court Decision: Against the school Reasons: Prayer violated the Establishment Clause of the 1st Amendment. |
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Santa Fe v. Doe
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Premice:
Prayer at a sporting event; student led prayer on a loud speaker before the event. Supreme Court Decision: Prayer not ok Reasons: Violates the Establishment Clause of the 1st Amendment |
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Wallace v. Jaffree
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Premice:
Moment of silence declared unconstitutional; Supreme Court Decision: Against school Reasons: Violates the Establishment Clause of the First Amendment. |
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Wisconsin v. Yoder
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Premice:
Amish (Yoders) wanted to provide their own high school teaching needs based on their beliefs. Supreme Court Decision: Favored yoders Reasons: Descrimination Amish est. for many years Kids *were* in school Contributed to society |
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Punitive damages occur when?
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When the school knows of an issue, but doesn't do anything about it.
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Nominal damages occur when?
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When an incident occurs inadvertently, but still break law, need to pay.
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What is the Establishment Clause of the First Amendment?
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Congress shall make no law respecting an establishment of religion
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What is the three-pronged lemon test?
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Used to determine challenged policy/practices per religious intent:
1) Does the policy or practice have a secular purpose? 2) Is the primary effect of the policy/practice one that neither advances nor inhibits religion? 3) Does the policy/practice avoid an excessive entanglement with religion? |
