Law for the Indian Educator

Numerous policy and legal issues affect Indian education. The local school board, school administrators, parent advisory board, teachers and the community handle most of these challenges. Yet, increasingly the courts are becoming more involved in arbitrating and clarifying the interests of educators, students and parents. The resulting case law has dramatically reshaped the relationships among those involved in Indian education policies.

This class will help you understand the legal issues surrounding Indian education. You’ll examine in-depth how Indian education law has affected school policies, funding, tort liabilities, labor relations, student rights and discipline. Register for this important training session today.

T O P I C S   I N C L U D E
U.S.-Tribal Relationship
  • Sovereignty
  • Federal-tribal relationship
  • Key policy and laws
  • Current government-to-government relationship
Schools and the Law
  • Legal structure of education
  • No Child Left Behind Act
  • Federal responsibility to Indian education
  • Education as a state function
  • Rights and duties of local school boards
  • Tribally controlled and contract schools
  • Education and the court system
  • Laws that apply to tribally funded schools
  • Mandatory reporting
Parents and School Policies
  • Parental rights in education
  • Student classifications and assignments
  • Performance testing (predicted and actual)
  • Discipline policies
  • Suspension, expulsion and placement of students
  • Access, review and maintenance of student records
  • Safety policies
  • Emergency management
School Funds, School Property and the Law
  • Federal and state support
  • Use of school funds
  • Use of school property
  • Drug use and assault in dormitories
  • Court intervention in constitutional issues
  • Ultra vires permissibility
  • How tribally operated schools obtain funding
Teacher Relations in Lieu of P.L. 100-297
  • Title V (Indian Education Amendments of 1988)
  • Qualifications of educators
  • Recruitment and appointment procedures
  • Contracts, compensations and conditions of employment
  • Teacher/board negotiations
  • Academic freedom
  • Strikes, sanctions and conflict resolution
  • Tenure issues
  • Non-renewal of contracts
  • Dismissal procedures
Labor Relations Law
  • Applicability of the National Labor Relations Act
  • Southern Indian Health Council v. San Diego Medical and Office Employee Union
  • Fort Apache Timber Co., 226 NLRB Student Rights and Responsibilities
  • Due-process searches (locker, dormitory, vehicle, body, etc.)
  • Exclusionary rules
  • In loco parentis
  • Corporal punishment
  • First, Fourth and Fourteenth Amendments
  • Students with disabilities
  • BIAM — Student Rights and Responsibility
  • Evans v. Littlebird, et al.
  • Indian Child Protection and Family Violence Prevention Act (P.L. 101-630)
  • Student handbooks
Tort Liability — Teachers, Schools and Federal Tort Claims Act (FTCA) Coverage
  • Sovereign immunity and tribal authority issues
  • “Good faith” immunity standards
  • FTCA coverage
  • Responsibilities of school personnel under tort law
  • Teacher’s tort liability
  • Teacher’s right to discipline students
  • School liability for employee negligence
  • General liability coverage under P.L. 100-472
  • Affirmative defenses
  • Tenneco Oil v. Sac & Fox Tribe
  • Aleman v. Chugach
Children with Special Needs
  • Confidentiality of records
  • Federal laws that address children with special needs
  • Testing for learning disabilities
  • Mainstreaming children
  • Funding issues that affect special needs programs
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