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What are the exemptions to the rule that personnel files are open to the public?
- current year's evaluation
- anything negative until employee has had 10 days notice to review
Pickering v. Board of Education
- outside school activity
- Pickering fired for letter to editor regarding how school board spent money
- Supreme Court ruled not disruptive and teacher had right to freedom of expression
Freedom of Out-of-School Expression flow chart
- Was the expression by the school employee of legitimate public interest?
- Yes (proceed) No (employee loses)
- Was the action by the school district substantially motivated by the expression?
- Yes (proceed) No (employee loses)
- Does the First Amendment interest of the employee in question outweigh the interest of the school in promoting the efficiency of the school, discipline of its students and harmony of its workers?
- Yes (Employee wins) No (Employee loses)
Civil Rights laws
- find authority under 14th amendment
- Equal Protection Clause
- apply to everybody
Title VII of the Civil Rights Act of 1964
- protect individuals from discrimination in employment on the basis of sex, race, color, religion or national origin
- Title VII compliants filed initially with the Equal Employment Opportunity Commission
A Title VII contains what three elements?
- The complaintant needs to demonstrate that there is a prima facie case
- The employer needs to prove that the reasons for not giving the complaintant the opportunity were legitimate and non-discriminatory
- The complaintant then needs to prove that the reasons are pre-textual (after the fact rationalizations)
What does a complaintant need to demonstrate that there is a prima facie (evident on its face) case under Title VII?
- he/she is a member of the protected class
- he/she sought and was qualified for opportunities available with an employer
- despite the qualifications was denied the opportunity
- following this deniel, the opportunity was given to other persons of a non-protected class and with qualifications equal to or less than those possed by the complaintant
What must a student have in order to be eligible for athletics?
- 2.0 GPA on a 4.0 unweighted scale
- enrolled as a bonafide student in the school for which the student intends to play at the beginning of the school year
- be within 4 years of first enrolling in 9th grade
- be no older than 19 years 9 months
- signed parental consent to participate in the sport
- certified as physically fit for participation in the sport by a physician
- maintained his or her amateur status
Can a student that is home schooled or goes to a charter school that doesn't have the sport participate in sports at the public school?
yes at the public school of her zoned residence area
When notified by law enforcement a student is missing schools must
- red flag records
- when another school contacts for records notify law enforcement
What are the 6 possible grounds for dismissal for a person with a PSC contract?
- Gross Insubordination
- misconduct in office
- conviction of a crime involving moral turpitude
- willful neglect of duties
What is Gross Insubordination
continuing intentional refusal to obey direct order, reasonable in nature
What is misconduct in office?
violation of educator code of ethics
Professional Service Contract
- have property right and job cannot be taken away without due process
- if have issues or determined incompetent given 90 day plan which provides inservice/training
- can change terms from year to year
When in the constitution does govenment get authority to enact education law?
- US Constitution: Article 1 Section 8 -- general welfare clause
- Florida Constitution: Article 9
Class enrollment size
- PK - 3: 18
- 4 - 8: 22
- 9 - 12: 25
School Board Authority
- school districts are political subdivisions of the state and the school board is the governing authority of that political subdivision
- the school board creates policies (rules) however, rules, policies must be consistent with the law above it (state, constitution)
Minimum square footage
the older a child gets the less space they get
The 14th amendment provides
- no state shall deny life, liberty or property without due process
- due process from state government
What are the sources of law?
- Administrative Rules (ex. FL Board of Ed)
- Court system
Dual Court System
- Federal Court System
- State Court System
Generic Term-- State-- Federal
- Trial Court -- Circuit Court -- District Court
- Appellate Court -- District Court --Circuit Court
- Supreme Court -- Supreme Court -- Supreme Court
Church and state
- No school employee shall promote any religion, nor shall we inhibit any religion
- During free reading student can read Bible, teacher cannot
- Okay to have performance with religious music -- artistic merit
Can we rent school facilities to a church?
Yes as long as terms and conditions same no matter who rent to
Where is education mentioned in the Florida constitution?
- Article 9:
- uniform system of free public schools
- no state money given to any religious institution or religious purpose in any form
Americans with Disabilities Act (ADA)
- cannot hire or fire based on disabilities as long as can do the job -- essential qualifications -- 504 plan
- for employees -- Reasonable Accommodations
- ADA applies to any employers with 15 or more employees
When did PSC become effective?
School Advisory Counsel
- names and people on are approved by school board
- more than 1/2 total SAC makeup non-school employees
- teachers, support staff, students and parents -- each elect their own
What are the rules regarding Student Medication?
- school district includes a procedure for training to assist with administering medication
- policies & procedures include:
- written parental permission, including the neccessity for medication
- each prescribed medication to be administered shall be received, counted and stored in its original container
- all prescribed medication, when not in use, shall be stored in original containers under lock and key
we don't ask, they don't tell
- Florida Pupil Records Law
- privacy of student records
- Title 17 of US code
- protects rights of creator
Fair Use Exception
- public schools and not for profit private schools
- allows ability to photocopy or show movies without permission
- not too much, too often
- doesn't kick in until age 40
- stops at 70
- Florida does not require teachers to retire at a certain age
What can you ask during an interview?
- if 18 years of age
- what languages speak
- if legally authorized to work in US
- names of relatives already employed by district
- height and weight if a job requirement
- if can perform duties of position
- if ever convicted of a felony
- if belongs to an organization relevant to the position
- if served in the US military and if received an honorable discharge
- education relevant to the position
What can't you ask during an interview?
- age or birthdate
- ages of applicant's children
- nationality of applicant, place of birth, lineage or that of the applicant's parents
- questions concerning applicant's color or race
- other citizenship, visa or naturalization questions
- questions regarding gender (unless bonafide qualification), marital status, pregnancy or number of children
- religious preference
- furnish a photo
- ever treated for specific diseases, had prior alcohol or drug problems or any other disability
- ever been arrested
- other clubs, organizations, or societies
- served in a foreign military service
- dates of school attendance or graduation
FL statute requires system of school accountability
- creates policy
- member terms -- 4 years with no term limits
Where can appeals be filed?
- If student expelled or employee fired they appeal with court of appeals
- 5 district courts of appeal in Florida
- Central FL in 5th district
- Florida in 11th Circuit Court (federal)
along with school computer, school email can be audited
- case which codified SCOTUS position on religion
- 3 prongs must have all to win:
- did they intend to promote religion (intent)
- did it in fact promote religion (effect)
- did actions create excessive entanglement between school & religion