Liability Protections for Educators One such protection is qualified immunity, which shields teachers from personal liability for actions taken within the scope of their official duties, provided that their conduct does not violate clearly established constitutional rights.
While education may not be a "fundamental right" under the Constitution, the equal protection clause of the 14th Amendment requires that when a state establishes a public school system (as in Texas), no child living in that state may be denied equal access to schooling.
Procedural due process claims typically arise when a state official removes a child from a parent's care. For such claims, “the Fourteenth Amendment guarantees that parents will not be separated from their children without due process of law except in emergencies.” Rogers v.
Teachers are protected from discrimination based on race, gender, and age. Discrimination based on disability or national origin is also prohibited. The Equal Protection Clause of the Fourteenth Amendment protects teachers at public schools.
Teachers are protected from discrimination based on race, gender, and age. Discrimination based on disability or national origin is also prohibited. The Equal Protection Clause of the Fourteenth Amendment protects teachers at public schools.
Through its Equal Protection Clause, Due Process Clause, and by incorporating the Bill of Rights, the Fourteenth Amendment has addressed issues such as which students share a classroom and whether students can be expelled without a hearing or made to recite prayers.
In 1973's San Antonio Independent School District v. Rodriguez, the Supreme Court found that education is not explicitly protected under the U.S. Constitution, and its precedent has remained unchallenged at the Supreme Court for over 30 years.
Board of Education. Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt.