Teachers play a central role in the lives of countless children and their families. It isn’t surprising that educators have a wide range of responsibilities to uphold, many of which are legal requirements.

In this guide, we’ll briefly introduce you to some of the key pieces of federal legislation dictating a teacher’s legal responsibilities. We’ll also look at examples of different areas of responsibility teachers need to be aware of and how educators can stay on top of compliance with the help of Trustworthy. 

Key Takeaways

• A teacher’s legal responsibilities stem from a combination of both federal and state laws.

• Teachers must fulfill a range of legal requirements around student data protection, safeguarding and training qualifications.

• State laws outline and dictate a teacher’s responsibilities surrounding how educators supervise pupils.

Are There Federal Laws That Dictate a Teacher’s Legal Responsibilities?

State governments have a lot of regulatory autonomy when it comes to public schools and how they’re administered. However, it’s important to remember several key pieces of federal legislature dictate a teacher’s legal responsibilities,  regardless of where they teach.

Jonathan Rosenfeld, founder of Rosenfeld Injury Lawyers, explains: “Federal laws play a significant role in shaping the legal responsibilities of teachers in the United States.

"The Individuals with Disabilities Education Act (IDEA) ensures that students with disabilities receive appropriate educational services. Additionally, the Every Student Succeeds Act (ESSA) sets standards for student achievement and teacher qualifications at the federal level.”

Under the federal rules set out in IDEA, every state teacher is legally responsible for planning, implementing, and monitoring educational plans that are inclusive and designed to support the success of all students.

The ESSA is a federal law that replaced the No Child Left Behind Act of 2001. It includes the framework for a range of new teaching standards. However, how those standards are designed and executed is largely down to each state and its school districts.

“It's important to note that while federal laws provide a broad framework, there is considerable variability among states in terms of specific implementation and additional state-level regulations," Rosenfeld says.

To help give you an idea of where federal and state laws intersect and lay the groundwork for a teacher's regulatory responsibilities, we’ll break down some of these laws by category and zoom in to see how they affect educators.

What Are the Legal Responsibilities of Teachers Around Student Privacy?

The privacy of students and their families plays a central role in the legal accountability of teachers and the schools they serve. So it’s unsurprising that a federal law comes into play here and supersedes state privacy laws.

“Teachers are legally bound to protect student privacy under the Family Educational Rights and Privacy Act (FERPA)," Rosenfeld says.

"FERPA establishes strict guidelines regarding the disclosure of personally identifiable information from student education records. This means teachers must exercise caution when communicating with parents, other school staff, or any third parties to ensure compliance with privacy regulations.”

In addition to FERPA, many states have supplementary, state-level legislation incorporating additional legal responsibilities around data protection for teachers, schools and administrators.

For example, Georgia’s state teaching code of standards says all educators must keep all personally identifiable information 100% confidential unless disclosure is required by law or for the safety of the student or others.

Other state codes of conduct echo similar obligations. Teachers should consult their district employer for more information on specific privacy laws they’re bound to uphold to ensure they’re on the right side of the law.

Are Teachers Legally Responsible for Speaking Out if a Child Is Mistreated? 

Generally speaking, yes: teachers have a legal and ethical duty to report suspected child abuse or neglect. 

Rosenfeld notes: “State laws outline specific procedures for reporting, and teachers are generally protected from retaliation when making good-faith reports.

"This legal obligation emphasizes the paramount importance of prioritizing the well-being of the child, even at the potential cost of challenging situations.”

For example, New York state law requires all educators to be trained as mandated reporters. That means if they suspect mistreatment, the law requires all teachers in the state to report that information to the New York State Central Register.

Other states have similar guidelines and statutes around child protection laws. For example, in Kansas, it’s actually a misdemeanor offense if a teacher knowingly fails to report child abuse.

Do Teachers Have Legal Requirements Around the Teaching Methods They Use?

Robert L. McKiernan, a former high school principal and founder of RLM Education Consultant Services, explains:

“Teachers adhere to state standards as drivers of curricula while local decisions determine which standards are critical and when they are taught. The expectation is that teachers align their instructional calendar around the district's curriculum map so that there is relative consistency among teachers of common content.”

Every district’s curriculum map centers around the requirements and expectations set out by each state’s board of education. Those requirements are fairly broad and provide a foundational framework that teachers then have a degree of flexibility to apply as they see fit.

“This includes avoiding discriminatory practices, providing an inclusive learning environment, and using age-appropriate and culturally sensitive instructional materials," Rosenfeld says. "Understanding and adhering to these legal responsibilities contribute to creating a positive and equitable educational experience.”

Are There Limits on a Teacher's Speech Rights?

Not all of a teacher’s legal responsibilities relate to what they should do. Some of their responsibilities are about what they shouldn’t do, and a key consideration is freedom of speech.

“While teachers possess First Amendment rights, these rights may be subject to limitations within the school context,” notes Rosenfeld.

He continues: “Restrictions exist on speech that substantially disrupts the educational process, infringes on the rights of others, or contradicts the school's educational mission. Balancing the right to free expression while maintaining a conducive learning environment is crucial for teachers.”

In some cases, those restrictions against speaking out on certain issues may apply to a teacher’s responsibility to enforce a school’s zero-tolerance policies.

McKiernan explains: “That is the expectation as part of employment. They are held to district policy and requirements to report on infractions of the code of conduct when the infraction rises to the level of a zero-tolerance policy.”

What Are a Teacher’s Legal Duties in Terms of Student Supervision? 

“Teachers have a legal duty to supervise students to maintain a safe and secure learning environment,” Rosenfeld says.

“Negligence in supervision that leads to harm may result in legal consequences. This duty extends to various settings, including classrooms, hallways, and extracurricular activities. Adequate supervision is essential for preventing accidents, injuries, or incidents of misconduct.”

That being said, it’s worth noting that each state’s individual definition of “supervision” also varies in relation to the age and ability of pupils.

For example, New York law requires preschool and daycare teachers to keep children within their field of vision and ensure they’re physically close enough for a teacher to respond when intervention is needed.

What Other Legal Responsibilities Do Teachers Need to Be Aware of?

Although we’ve touched upon several of the key areas educators need to be aware of in terms of their legal responsibilities, it’s important to note this is only the tip of the iceberg.

Each state and district has its own set of unique requirements, and new issues and responsibilities are always coming up that educators must stay up-to-date on.

Rosenfeld explains: “Staying informed about changes in education law and actively participating in professional development is essential for teachers to navigate these complex legal landscapes successfully.

"Teachers uncertain about their legal responsibilities should prioritize ongoing professional development, including workshops and training sessions focused on education law. Establishing open communication with school administrators and seeking guidance from legal counsel can help address specific concerns.”

It also helps to have ready access to any relevant standards or guidelines for reference and collaboration. That’s when access to a Family Operating System® like Trustworthy can offer much-needed support.

Trustworthy enables you to upload and securely store all the relevant documentation and contracts you need to stay on top of your regulatory responsibilities. You can then share that documentation with coworkers, employers, or your attorney to ensure everybody’s always in the loop.

Ready to learn more? Explore Trustworthy’s range of features.

Frequently Asked Questions

What are the Legal Requirements to Be a Teacher?

Requirements vary by state, but educators are normally required to have a bachelor's degree, submit to a background check, and pass a licensure exam.

How Does FERPA Affect Teachers?

The Family Educational Rights and Privacy Act (FERPA) is a federal law that sets out the guidelines around when a teacher can disclose personal information about students.

Are Teachers Legally Responsible for Reporting Child Abuse?

Yes. Teachers are generally legally required to report abuse, but each state has its own legislation around how they report suspicions of mistreatment.