| dc.description.abstract | Although all educators are susceptible to legal challenges, music educators, as a result of
their professional responsibilities, have an increased risk of becoming involved in litigation.
Reasons for this increased risk include individual and student performances, attendance
requirements, additional time with students outside of the traditional school day, and off-campus
activities including overnight trips. The purpose of this study was to identify the legal concerns
that occurred most often in the United States federal court system involving music educators
from January 1, 1995-December 31, 2009, and to provide music educators with an awareness of
the law as it pertains to the field of music education through court case analysis.
The LexisNexis Academic Database was used to identify the court cases involving music
educators and selected areas of law including Constitutional Law (First, Fourth, Eleventh, and
Fourteenth amendments) and other areas of law (tort law, copyright law, disability law, the
Family Educational Rights and Privacy Act, and sexual harassment). The search revealed 220
cases that occurred in the federal court system from January 1, 1995–December 31, 2009, that
involved music educators in their professional roles. The hierarchy of the court system was used
in selecting cases for inclusion in the study, and I sought diversity in the selection of district
court cases through consideration of the factual background of each case, the case holding, the
subject (band, choir, orchestra, and general music), and grade level (elementary school, middle
school, high school, and higher education). A summary of each case selected for the study
included the facts of the case, the case holding, and the rationale for the court’s decision.
Music educators were most often involved in federal court cases concerning the
Fourteenth Amendment – 26%, Tort Law – 19%, the First Amendment – 17%, Sexual
Harassment – 15%, Disability Law – 15%, and the Fourth Amendment – 5%. The information
from the court case summaries, the legal considerations used by the court in determining the case
holding, and practical application suggestions were provided for each area of law. Through
increased knowledge of the laws impacting the field of music education, music educators will be
better equipped to provide a safe and comprehensive musical experience for their students. | en |
