The purpose of this study was to identify, examine and analyze judicial decisions, legislation, and agency regulations, state and federal, for those principles of law that govern the legal rights and responsibilities of Indiana public school educators. The study delineated legal principles and the process of legal reasoning in the following primary areas: (1) Tort liability of school districts and personnel; (2) Legal responsibilities regarding students; (3) Education of children with disabilities; (4) Terms and conditions of teacher employment.
Three primary research methods were used in this study: The "descriptive word" or "words and phrases" approach, the topical approach, and the case method. The computer-assisted legal research service, WestLaw was used extensively in this study.
The study produced the following selected general conclusions:
(1) Indiana educators possess very limited protection under the doctrine of sovereign immunity and may be held personally liable for their own tortious acts. Educators are only immune from acts that constitute significant policy and political decisions generally attributable to the essence of governing. Indiana educators are personally protected from monetary loss by a "save harmless" statute. Indiana public school corporations are not protected by the doctrine of governmental immunity. School authorities may be found liable in their individual capacities for a constitutional tort if they personally violate clearly established constitutional rights of individuals.
(2) Persons of school age are obligated under Indiana compulsory education laws to attend school or receive instruction equivalent to that given in the public schools. The judiciary uniformly recognizes the right and duty of school boards and school authorities to maintain order and control in the classroom and in the public schools. Students who violate school rules and regulations may be suspended or expelled from school but not without procedural due process. Students are entitled to other constitutional rights with respect to the first, fourth and fourteenth amendments.
(3) The Individuals with Disabilities Act requires that children with disabilities be provided a free appropriate public education in the least restrictive environment. The right to a free appropriate education is undergirded by complex and comprehensive procedural rights afforded to parents under the IDEA. Indiana law expands procedural due process protections for children with disabilities beyond that provided by federal statute. A disabled child may be expelled from school where the misconduct is not handicap-related but educational services cannot be completely terminated.
(4) Every teacher in Indiana employed by a school corporation must hold a license issued by the state and make a written teaching contract with the local governing body. A tenured teacher may be dismissed or suspended with cause but must be afforded due process in connection with the cancellation of an indefinite contract. School boards and school officials are granted broad discretion in matters relating to the method of teaching, decisions regarding the curriculum, and the selection of books to be used in the public schools. Indiana educators enjoy a liberty interest in their employment as well as other constitutional rights which are balanced by the state's interest in controlling and furthering the education mission of the public schools. / Ed. D.
| Identifer | oai:union.ndltd.org:VTETD/oai:vtechworks.lib.vt.edu:10919/38944 |
| Date | 28 July 2008 |
| Creators | McKinney, Joseph R. |
| Contributors | Educational Administration, Alexander, M. David, Jones, Philip R., Parks, David J., Earthman, Glen I., Arnold, Jean B. |
| Publisher | Virginia Tech |
| Source Sets | Virginia Tech Theses and Dissertation |
| Language | English |
| Detected Language | English |
| Type | Dissertation, Text |
| Format | xi, 266 leaves, BTD, application/pdf, application/pdf |
| Rights | In Copyright, http://rightsstatements.org/vocab/InC/1.0/ |
| Relation | OCLC# 24661880, LD5655.V856_1991.M455.pdf |
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