Pervasive Myths in Teacher Beliefs about Education Law

Abstract

This article explores common misbeliefs and misconceptions that many teachers have about the law of education, focusing on those that have the greatest potential to cause harm to schools, students, and teachers themselves. The myths fall into three categories: Myths concerning the legal vulnerability of schools and teachers, myths concerning the rights of students, and myths concerning the rights of teachers. The major assertions of the article are that many teachers significantly overestimate the likelihood that their school or they personally will be sued by a student; that teachers often fail to recognize the constitutional rights of their students, even as they overestimate the right of parents to control their children's educational programs; and that teachers tend to have an exaggerated view of the protections afforded by academic freedom and “tenure.” The article concludes with a discussion of possible ways to dispel some of the myths.

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