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Wasser, J. (2017). ‘I’m calling my lawyer’. Retrieved from http://www.aasa.org/SchoolAdministrator Article.aspx?id=6506
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Wasser, J. (2017). ‘I’m calling my lawyer’. Retrieved from http://www.aasa.org/SchoolAdministrator Article.aspx?id=6506
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Upon completion of a Master of Arts in Curriculum and Instruction I hope to be employed as an educator at the secondary level, preferably in the fields of health sciences or physical education. I earned my B.S in Sports and Health Sciences in 2008 and am currently serving full-time with the Texas Air National Guard as an Education and Training Manager.

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Exploration Option 1: Top 5 According to a Current Professional

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Exploration Option 1: Top 5 According to a Current Professional

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I spoke with two current professionals. The first is the principal of Edwardsburg High School in Michigan. The second is a teacher in the Rockford, Illinois public school district. He has 14 years of experience teaching various subjects, primarily health and physical education.  Both deal with legal and ethical issues as a part of their jobs and both need to stay current on the ever-changing legal landscape effecting public high school educators.

1. One area in which teachers and administrators have to be especially prudent to avoid legal liability is student discipline. Keeping abreast of current laws regarding discipline is critical to avoid putting oneself at legal risk (R. Markel, personal communication, August 17, 2018).

2. Special education is another area which requires constant vigilance. With multiple students having specific limitations on how they can be disciplined as well as having personal curriculum plans, teachers and administrators must be aware of individual student needs to ensure all requirements are met and no violations occur (R. Markel, personal communication, August 17, 2018).

3. Seeking legal counsel before making a decision on sensitive issues is a good way to eliminate the possibility of a lawsuit. It is advisable to keep an attorney or law firm on retainer so legal counsel is always available (R. Markel, personal communication, August 17, 2018).

4. Use available resources to keep informed of policy changes and learn from others the correct, or incorrect ways to handle situations. The law firm that represents Mr. Markel's school district provides a monthly news letter to their clients which includes current cases involving Michigan educators, administrators, and school districts, and the outcomes of tried cases (R. Markel, personal communication, August 17, 2018).

5. Teachers are "mandated reporters", meaning they are required to report suspected abuse or sexual assault through appropriate channels. Teachers can be held liable if they are knowledgeable about or suspect abuse and do not report it (S. Gangler, personal communication, August 18, 2018).

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Exploration Option 4: The Educator's Guide to Texas School Law (Walsh, Maniotis, and Kemerer, 2014)

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Exploration Option 4: The Educator's Guide to Texas School Law (Walsh, Maniotis, and Kemerer, 2014)

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During my review of the book, I found many relevant legal issues and topics, most of which have been issues for decades and are still relevant discussions today. As one who hopes to one day be employed as secondary education teacher and who is also married to a first year high school English teacher, one of the most interesting topics was employee legal liability. During my wife’s orientation, much was said about protecting yourself from lawsuits, and the recommendation was made to become a member of a teacher’s union, which provides legal representation should such an unfortunate event occur. I was encouraged to learn about a provision of the Texas Education Code termed "qualified immunity". The provision protects professional school employees, including classroom teachers, from tort liability while performing their official duties. Ultimately, with the exceptions being excessive force used during student discipline and student injury as a result of negligence, teachers are protected from personal liability for any act that is committed within the scope of their position as an employee (Walsh, Maniotis, and Kemerer, 2014). But it may still be advisable to be part of a union for the sake of counsel and representation if the need should arise.

Another topic of particular interest to me was religion in school. This is a very complex issue which involves a specific interpretation of the First Amendment of the U.S. Constitution; particularly the statement which reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” Cases were so complex that in the early 1970s a set of guidelines was developed by the Supreme Court Justices to resolve issues involving the church and state (Walsh, Maniotis, and Kemerer, 2014). There have been many cases heard regarding church-state issues, all of which are very intricate and situation-specific. Because of the need to satisfy the two distinct clauses contained within the First Amendment (establishment and free exercise), careful evaluation of each individual circumstance must be accomplished to respect and uphold both.

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Legal and Ethical Issue of Interest to Me: Teacher Liability

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Legal and Ethical Issue of Interest to Me: Teacher Liability

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After my exploration of legal and ethical issues in the public school setting, I am most interested in further exploring the topic of teacher liability. As a future educator and husband of a public school teacher, I believe it is imperative for those in education to be well-versed regarding their rights and protections in the classroom so they can focus on teaching, rather than being distracted by the thought of doing something wrong, being sued, and losing their livelihood.

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Researching Teacher Liability: ASU Library

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Researching Teacher Liability: ASU Library

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The Angelo State University Library includes a book titled “Principles Avoiding Lawsuits: How Teachers Can Be Partners in Practicing Preventive Law” by David Schimmel, Suzanne Eckes, and Matthew Militello. The book provides school principals with resources and lesson plans to integrate school law into existing professional development programs.

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An internet search on the topic of teacher liability resulted in a very practical website by the Texas Classroom Teachers Association. The website includes information written in layman’s terms on how to avoid liability, a comprehensive list explaining many legal issues teachers could encounter, as well as a phone number to call for legal advice.

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The following was included in TCTA's 2017-18 Survival Guide, the ultimate reference tool for Texas educators, and is current as of September 2017 but is subject to change. The information below is for information purposes only, and is not intended to substitute for advice from an attorney.
Texas law affords teachers and other professional employees (including teacher aides, school nurses and student teachers) fairly strong immunity from liability for actions taken as part of their duties. Generally, an employee is immune from liability as long as he/she is on duty, exercising judgment or discretion, and not using excessive force or being negligent in the discipline of students.

While the definition of corporal punishment specifically excludes physical pain associated with athletic training, competition or physical education, it is possible that the assignment of rigorous physical activity such as laps, pushups, etc., could be interpreted by a court as a disciplinary action, not subject to the qualified immunity from liability, so such activity should be assigned only for training or conditioning and not as punishment.

Note that this immunity from liability applies only to lawsuits in state courts. Also note that having immunity from liability does not prevent lawsuits from being filed against school employees, so all employees should have professional liability insurance such as that provided to TCTA members. Pursuant to a TCTA-initiated law, a school district may not require an employee to assume liability for an act for which the employee has qualified statutory immunity. This immunity specifically extends to student property such as cellphones and mp3 players in the possession of a school employee pursuant to the employee's duties (i.e., confiscated by the employee). School districts and administrators may not require such employees who act in good faith to pay for student property that is lost, stolen or damaged.

See also Instructional Material or Technology.

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The following was included in TCTA's 2017-18 Survival Guide, the ultimate reference tool for Texas educators, and is current as of September 2017 but is subject to change. The information below is for information purposes only, and is not intended to substitute for advice from an attorney.

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“I suspended a student … and I had a phone call from a lawyer before the parent arrived to pick up the student” said Mary Smith, who has served as both a principal and superintendent (Hopkins, 2006, para. 6). Regardless of the issue, threat of lawsuits are prevalent in the public school setting. The persistent fear of litigation has a demoralizing effect on teachers and administrators and significantly alters the way schools are governed and instruction is given.

Furnishing protection from and clearly defining legal liability of school employees is critical to providing security and peace of mind for educators who apply common sense and truly seek to make decisions based on what is best for their students. In the long term, failure to do so could result in quality educators either leaving the field or prospective educators choosing an alternate career path due to the potential legal risks associated with being responsible for students. In the short term, fear of litigation is already stifling creativity and personal involvement. According to James Wasser, Freehold Regional High School District Superintendent, fear of lawsuits has forced teachers and administrators to modify traditional programs, avoid dealing with students in one-on-one situations, give in to parent demands, and fear providing honest evaluations of peer performance (Wasser, 2017).

Educators and administrators are rightfully fearful of lawsuits, and the best defense is to arm them with knowledge of the law. Many states, including Texas, provide legal protection for school employees while they are acting in a professional capacity and performing the duties associated with the position in which they were hired. This is good news for me. If and when I become a public school teacher, there will be many situations which will require a quick decision. In most instances, I will not have time nor access to consult with an attorney prior to making my decision. I will need to know what my rights are and what I need to do to avoid being part of a lawsuit. I don’t want to end up being a “defensive teacher”, or a teacher who is motivated by a desire to avoid a lawsuit (Hopkins, 2006). Rather, I want to be a teacher motivated by the needs of my students and confident to use any and all tools available to reach as many of them as possible.

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Hopkins, G. (2006). Has the threat of lawsuits changed our schools? Education   World. Retrieved from https://www.educationworld.com /a_admin/admin /admin371.shtml

Schimmel, D., Eckes, S., & Militello, M. (2017). Principals avoiding lawsuits: How teachers can be partners in practicing preventive law. Lanham: Rowman & Littlefield.

Walsh, J., Maniotis, L., & Kemerer, F. R. (2014). The Educator's Guide to Texas School Law (8th ed.). Austin: University of Texas Press.

Wasser, J. (2017). ‘I’m calling my lawyer’. Retrieved from http://www.aasa.org/SchoolAdministrator Article.aspx?id=6506