An analysis of the legal rights and responsibilities of Virginia public school educators

The purpose of this study was to examine and analyze federal and Virginia statutes along with selected state and federal court decisions which govern the legal rights and responsibilities of educators in the Commonwealth of Virginia in the areas of 1) liability; 2) terms of employment; 3) legal relationships with students; and 4) legal responsibilities to students with disabilities. The legal resources for this study were the United States Constitution; the Code of Virginia; other federal and Virginia legislation; and Virginia and federal judicial opinions. The methods of research employed in this study were the "descriptive word" or "fact word" approach and the case method. The computer-assisted legal research services, Lexis and Westlaw, were used extensively in this study. The conclusions resulting from this study are as follows: 1) The doctrine of sovereign immunity absolutely protects Virginia school boards and administrators from liability for negligence. Virginia teachers are also protected by sovereign immunity but only for acts of simple negligence. Sovereign immunity does not bar Virginia's teachers from actions involving gross negligence and does not protect school districts and school personnel for constitutional torts. 2. To obtain employment in Virginia, an educator must hold a license issued by the State Board of Education, pass a professional teachers' examination and execute a written contract with the school board. To obtain continuing contract status in Virginia, educators must serve a three-year probationary period in the same school division. Virginia educators may be dismissed, suspended or placed on probation for cause. 3. School age children are mandated to attend school in Virginia. Local school boards possess statutory authority to employ reasonable measures to maintain discipline in the schools. Virginia students may be suspended or expelled provided they receive procedural due process. Students possess constitutional rights under the First, Fourth, and Fourteenth Amendments. 4. The Individuals with Disabilities Education Act mandates that students with disabilities be provided a free appropriate public education in the least restrictive environment. The IDEA and Virginia regulations governing special education outline comprehensive and detailed procedural requirements guaranteeing the rights of parents of children with disabilities.

Name thesis:degree_name

Doctor of Education

Level thesis:degree_level

doctoral

Discipline thesis:degree_discipline

Educational Administration

Department dc:contributor.department

Educational Administration

Grantor dc:publisher

Virginia Tech

Year dc:date.issued

1994

Author dc:creator

• McCall, Venitta Claudia

Chair dc:contributor.committeechair

• Alexander, M. David

Committee members dc:contributor.committeemember

• Cline, Marvin G.
• Conley, Houston
• McKeen, Ronald L.
• Caldwell, M. Teressa

Statement dc:rights

• In Copyright

Licence dc:rights.uri

• http://rightsstatements.org/vocab/InC/1.0/

Language dc:language.iso

en

Dc Identifier Other

etd-06062008-145010

OAI identifier oai:identifier

oai:vtechworks.lib.vt.edu:10919/37969