School Law can be
seen as the protection for the teacher and the student. It is like an umbrella
that covers both parties. There are two amendments from the constitution that
are the central focus when it comes to School Law. The first and the fourth
amendments both are dealing with the freedom of speech and freedom of religion.
Teacher’s roles are to be professionals. They have the rights and
responsibilities when it comes to dealing with child abuse, how they handle
their private lives, their job as a teacher, copyright laws, and their own
liability. When the students are under a teacher’s care, they are in place of
the parents or what is called in loco
parentis. Teachers are to remain neutral
when it comes to religion. Prayer in schools is prohibited by the law, but
students have the right to pray as long as it does not affect those around them.
There can be religious groups that use the school building for clubs, etc. Religious
curriculum may be used as long as it for historical purposes. Student’s rights
are just as important as the teachers. Students have the freedom speech. There
is permissible search and seizure, where school officials may search student
lockers if they have probable cause. They have the right to privacy of their
records. In some states corporal punishment still exists, and this still can be
a very tricky matter. The issue of AIDS is not as strong as it was in the
1980s, but today there cannot be the discrimination of someone with an illness
or disability.
I believe the majority of educators
don’t know about the laws that exist to protect them and their students. What
if part of the Educational Degree it was required that the future educator had
to take a class to cover this core curriculum of School Law? The knowledge that
is gained could save many people a lot of time, frustration and heart ache. The
teachers who decide to engage in sexual activity with their under age students
might think twice about proceeding with that following action!
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