Teacher Rights & Freedom Flashcards
First Amendment - 1968
After 1969, the teachers were recognized with constitutional rights and could speak out regarding matters of the public concerns. Teachers were held to be ‘exemplars’ of the community.
Non-Tenured Teachers
Unless required by the state law or collective bargaining agreement that states otherwise, a non-tenured teacher can be dismissed without a reason at the end of their contract period.
Freedom of Religion
Unless the teacher’s behavior infringes on the rights of students, the employer must make reasonable accommodations for an employee’s religious beliefs. The board is only required to make minor accommodations known as ‘DeMinimus Accommodations”
DeMinimus Accommodations
A board cannot pay for religious leaves without granting the same for all employees.
Age Discrimination in Employment Act
The act removes maximum age limitation, requires employers to not to use age as a factor in deciding promotions, hiring etc.
TORTs
An intentional or negligent civil wrong. Torts are different from crimes
Negligence
Accidents that should have been prevented through ordinary care. Injury must occur as a result of an ‘unreasonable risk’ taken by another person.
The ordinary reasonable and prudent person standard
Ideal standard to compare by
Duty
Schools have a duty to protect students. There is not duty if the injury was not foreseeable. Teachers have duty to care for their children in school
Standard of Care
The standard varies according to age.
Ages 1-7: No capacity for negligence.
Age 7-14: Debatable presumption for negligence.
The standard of Care for teachers is that of an ordinary and reasonable prudent teacher.
Proximate or legal cause
A defendant’s acts or failure to act is the ‘substantial’ cause of the harm if the injury could have been reasonable foreseen.
injury of actual loss
The defendant’s act must cause some actual injury or loss.
