Chapter 12 - Teachers, Students, and the Law

Every teacher, or any employee I should say, has certain rights and responsibilities. This chapter discusses the rights and responsibilities related to terms and conditions of employment, teacher dismissal, teacher rights inside and outside the classroom, tort liability, discrimination, equal opportunity and affirmative action, and certain legal responsibilities of teachers. Education laws are different, depending on which State you are teaching in. In order to be a teacher, not only do you need certification, but you also need to be a citizen of (or reside in) the United States. Another requirement to be a teacher is to have a health and physical test done, as well as sign an employment contract. In order for this contract to be valid, there are certain basic elements that it needs to contain. These elements are the following: offer and acceptance, legally competent parties, consideration (compensation), legal subject matter, and agreement in the form required by law. This chapter also discusses teacher dismissal, which is the termination of employment during the term of the contract. Dismissal can be challenged, and usually the challenge revolves around two issues: whether the conduct in question fits the statutory grounds for dismissal and if so, whether the school board presented the facts necessary to sustain the charge. A few examples of reasons for dismissal are immorality, incompetency, and insubordination. Teachers have the right to express themselves, as long as they do not affect their teaching negatively. Freedom from employment discrimination and sexual harassment are two very important rights that teachers have. Other than rights, teachers also have certain legal responsibilities that they must follow in order to be a teacher and to keep their job. These responsibilities are reporting child abuse and neglect, and observing copyrights. The major type of student discipline that teachers use are suspensions and expulsions. Corporal punishment is only allowed in certain states, and is most often done by the principal, in the presence of another adult. This chapter was very interesting because it explained a lot of what teachers can and can not do.

~DaNo~