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Introduction to Education, Chapter 7, Caprice Paduano

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7-1 Caprice Paduano Chapter 7 Ethical and Legal Issues in U.S. Education
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Page 1: Introduction to Education, Chapter 7, Caprice Paduano

7-1

Caprice Paduano

Chapter 7

Ethical and Legal Issues in U.S. Education

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1. Why do you need to know about education and the law?

2. Why do you need a professional code of ethics?

3. What are your legal rights as a teacher? 4. Do student teachers have the same rights

as teachers?5. What are your legal responsibilities as a

teacher?6. What are the legal rights of students and

parents?7. What are some issues in the legal rights

of school districts?

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Without knowledge of legal dimensions teachers will be ill-equipped to protect their rights and rights of their students

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Code of Ethics “The educator accepts the responsibility to adhere to the highest ethical standards” (NEA)Ethical Teaching Attitudes and Practices

Acting in a way that promotes the learning and growth of students and helps them realize their potential

Ethical Dilemmas in the Classroom and School

Characteristics of “good” ethical decisionsDecision is supported by evidenceGoal of decision is what should be aimed forDecision can be implemented morallyDecision has been legitimately achieved

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Due Process step-by-step examination of the charges brought against a teacher

Certification Teachers who meet all of state’s requirements for certification can not arbitrarily be denied a certificate

Obtaining certificate does not mean it can not be revoked

Reasons for revoking certificates must be job related and demonstrably impair the teacher’s ability to perform satisfactorily

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Teacher’s Rights to NondiscriminationNondiscrimination – Employment protected by Title VII of Civil Rights Act of 1964

Employers may not discriminate against an individual because of race, color, religion, sex or national origin nor may employees be separated by the above criteria

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Teaching Contracts a legal agreement between teacher and a board of education5 basic elements for validity

Offer and AcceptanceCompetent PartiesConsiderationLegal Subject MatterProper Form

Some assignments not specified in contract may be required of teacher as long as there is a reasonable relationship between classroom duties and assignment

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Due Process in Tenure and DismissalTenure – policy that provides the teacher with job security by preventing dismissal on insufficient grounds and providing for due process in the event of dismissal

Tenure usually granted after 2 – 5 years of teaching

Tenure does not transfer from district to district

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Reasons for dismissal

InsubordinationIncompetenceNeglect of dutyConduct unbecomingSubversive activitiesDecreased need for servicesPhysical and mental healthAge

Causing or encouraging disruptionEngaging in illegal activitiesOffensive LanguagePersonal AppearanceSex-related activitiesPolitical ActivitiesUse of Drugs

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Steps of Due Process

1. Teacher must be notified of charges2. Adequate time must be given for rebuttal to

charges3. Teacher must be given access to names of

witnesses and evidence4. Hearing before impartial tribunal5. Teacher has right to legal counsel6. Teacher can introduce evidence and cross examine

witnesses7. School board decision must be based on evidence8. Transcript must be maintained of the hearing9. Teacher has right to appeal

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Teachers may join teacher organizations without fear of dismissalCollective Bargaining – laws that require school boards to negotiate contracts with teacher organizationsGrievance – formal complaint by a teacher against an employer

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Academic Freedom teacher’s right to use teaching methods and materials to which school officials might object (must be balanced against interest of society)

No longer a strong defense

Teacher must show that he/she:

Did not defy curriculum directivesFollowed professional normsDiscussed matters of public concernActed professionally and in good faith

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Famous CasesScope’s Monkey Trial - Most famous, teacher taught evolution and was fired, cited academic freedom, fined for violating Butler Act, later reversed on technicality

Other cases involving instructional materials and topics have ruled both for and against teachers

Schools and courts must establish curriculum suitable for all and not in violation of the constitution

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States’ Rights and Academic FreedomSome teachers have been successful in citing academic freedom others have not.Teachers may be dismissed or suspended until use of inappropriate material or method is stopped.States have a legitimate interest in what is taught to impressionable children

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Currently, no state has provisions regarding the dismissal, assignment or denial of right to student teach.

Potential for liability exists for student teachers (the same as other regular, full-time teachers).

Student teacher should be cautious before assuming substitute teaching responsibilities

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Legal Advice for Student Teachers Read the teacher handbook Know safety rules and regulations Be aware of hazards associated with activities

and act to protect children accordingly Be aware of controls and requirements placed on

curriculum by district Respect confidentiality and use student records

to improve teaching Document problems

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Avoiding Tort LiabilityTort law – deals with negligent behavior that results in injury, intentional injuries, libel, slander, and injuries from defects in land or buildingsTort Liability – an individual who is negligent and at fault in exercise of duty, can be required to pay monetary damages to injured partyTeachers (especially shop, physical education and science teachers) are held to higher standards due to increased chance of injury

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To be liable the following must be present:A legal dutyBreach of that dutyCausal connection between conduct and resultant injuryActual loss or damage

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Most cases involving tort liability are the result of negligence in one of the following forms•Inadequate supervision•Inadequate instruction•Lack of improper medical treatment•Improper disclosure of information (especially defamatory)

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Educational Malpractice – schools are negligent if pupil fails to achieve significantly

Reporting Child Abuse Teachers are required by law to report suspected

child abuse. Teachers should follow school process to report

child abuse Teachers need to follow 4th amendment to guard

against unlawful search and seizures

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Observing Copyright Laws Fair Use Doctrine – copyrighted materials may

be used in reasonable manner without the copyright holder’s consent as long as the use does not reduce the demand for the work or author’s income

Digital Millennium Copyright Act (DMCA) – it is illegal to circumvent copy blocking measures that control access to copyrighted works

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Doctrine of Fair Use applies to the following materials• Photocopies• Videotapes• Computer Software• Email and Internet

Publishing on the Internet• Teachers and students can be copyright protected by

including statement that materials may not be duplicated without permission

• Children’s last names and identifying information should not be published

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Teachers and Online Social Networking• Facebook, MySpace, and Twitter• Postings may be seen by the public and school

officials• Inappropriate postings and photos• Postings by others without knowledge or consent• Interactions with students

Policies and Legislation• “no friending” students district policies• Illegal to contact students on Facebook (Louisiana)

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Freedom of Expression – Teachers and students do not have to give up freedom of expression when in school Censorship – Student publications are constitutionally protected and should be regulated if posing threat of disruption, libelous, vulgarity or obscenity

Schools may use prior censorship – requiring students to submit literature before publication

Student Expression on Social Networking Sites Laws/Policies are still evolving

Districts have no right to control student expression off campus unless it can lead to a disruption on campus

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Dress Codes – Schools may have dress codes as long as codes are clear and reasonable and students are notified•Schools must balance First Amendment’s rights of students and legitimate right of school authorities to maintain a safe and disruption free environment

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Due Process in Suspension and Expulsion•Students have a legal right to education and that right should only be removed through the application of procedural due processReasonable Search and Seizure•4th Amendment – citizens are protected from search and seizure without a warrant•Court 2 prong test of “Reasonableness”• School official has reasonable suspicion student has

violated a law or school policy• Search must be conducted using methods that are

reasonable in scope

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Guideline for Searches for Educators•Inform students and parents at beginning of year about the school’s procedure for conducting searches•Base searches on “reasonable suspicion”•Conduct search with another staff member present•Avoid strip searches or mass searches of groups•Require that police obtain a search warrant before conducting search of school

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Family Educational Rights Privacy Act (FERPA) – gave parents and students the right to examine their school records•Known as Buckley AmendmentSchools must do the following

1. Inform parents and students of their rights2. Provide information to parents and students about types of educational

records and how to obtain access to them3. Allow parents or student right to view records and request changes or

hearings and add their own explanation4. Not give out personally identifiable information without prior written

consent of parents or student5. Allow parents and student to see the school’s record of disclosures

•Exceptions• Teachers grade books and personal records • Private notes of school law enforcement officials

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Peer grading and use of cameras in schools does not fall under privacy protectionStudents Rights to NondiscriminationStudents who are pregnant, married, parents or have a non-infectious disease may not be discriminated against or required to attend alternative classrooms

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Corporal Punishment•Supreme Court has upheld constitutionally of corporal punishment•However many school districts have bannedSexual Harassment•School districts can be liable if harassment was foreseeable and preventable and they deliberately failed to interveneCyberbullying •Through social networking sites, text message, or email•Existing case law on free speech and sexual harassment does not readily apply

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Religious Expression Lemon Test

Determined that governmental practices must do the following: Have secular legislative purpose Neither advance nor inhibit religion Not foster excessive entanglement of religion

Guidelines for religious activities in schools•Students may practice religion during non-instructional time•Teachers should not discriminate against students who express their religious beliefs•Schools have to grant parental requests to excuse students from class for religious reasons•Teachers can not encourage or participate with students in religious activities but may participate with other employees during lunch and free time

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Home Schooling•Must demonstrate instruction is equivalent to that offered in public schools•Standardized testing required•Required to submit lesson plans, time on curriculum and attendance logs•May be ineligible if test scores fall below 40th percentile


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