An analysis of selected legal issues pertaining to student teacher, undergraduate aide, and graduate intern clinical experiences in the public schools of the United States

Abstract

The primary objective of this study was to provide an analysis of selected legal issues affecting student teachers, undergraduate aides and graduate interns while engaged in clinical experiences in the public schools of the United States. To reveal the laws pertaining to student teachers, undergraduate aides and graduate interns an analysis was made of: (a) the statutes of each state, (b) case law, (c) the opinions of the attorney general of each state, (d) the state superintendent's interpretations where applicable, (e) the rules and regulations of each state department of education, and (f) the rules and regulations of the largest public teacher education institution within each state.

As a result of this study some of the general conclusions for the fifty states and the District of Columbia are presented:

1. Concerning local school board authority to permit clinical experiences: a. 8% lacked authorization concerning student teachers b. 37% lacked authorization concerning undergraduate aides c. 49% lacked authorization concerning graduate interns

2. Concerning being considered an employee: a. 68% made no mention of student teachers b. 82% made no mention of undergraduate aides c. 88% made no mention of graduate interns

3. Concerning financial compensation: a. 80% made no mention of student teachers b. 90% made no mention of undergraduate aides c. 86% made no mention of graduate interns

4. Concerning eligibility for workmen's compensation: a. 55% made no mention of student teachers b. 80% made no mention of undergraduate aides or graduate interns

5. Concerning due process guidelines: a. 63% lacked any for student teachers b. 88% lacked any for undergraduate aides c. 92% lacked any for graduate interns

6. Concerning guidelines if a strike occurs: a. 94% lack any for student teachers b. 98% lack any for undergraduate aides or graduate interns

7. Concerning the authority to perform duties without super-vision: a. 82% made no mention of student teachers b. None made any mention of undergraduate aides or graduate interns

8. Concerning disciplining pupils: a. 65% made no mention of student teachers b. 86% made no mention of undergraduate aides c. 88% made no mention of graduate interns

9. Concerning serving as a substitute teacher: a. 71% made no mention of student teachers b. 84% made no mention of graduate aides c. 94% made no mention of graduate interns

10. Concerning access to pupil records: a. 73% made no mention of student teachers b. None made any mention of undergraduate aides or graduate interns

The findings of this study led to the following recommendations. Every state should adopt comprehensive legislation providing definitive guidelines for educational clinical experiences in the public schools for student teachers, undergraduate aides and graduate interns. Based on the legal, philosophical and educational views of each state this comprehensive legislation should concern the following issues. during the clinical experience for student teachers, undergraduate aides and graduate interns:

1. Authority of local school boards to permit clinical experiences

2. Certification requirements

3. Employee status

4. Financial compensation

5. Workmen's compensation benefits

6. Due process

7. Teacher strikes

8. Authority to assume duties

9. Discipline of pupils

10. Liability for pupil injury

11. Substitute teaching

12. Access to pupil records A model statute was presented that might serve as a guide in offering definitive statements concerning these issues.