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. 

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.

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 (8^th 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