introduction to education, chapter 7, caprice paduano

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  • 1. Caprice PaduanoChapter 7Ethical and Legal Issues in U.S. Education7-1

2. 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? 7-2 3. Without knowledge of legal dimensions teacherswill be ill-equipped to protect their rights andrights of their students7-3 4. Code of EthicsThe educator accepts the responsibility to adhere tothe 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 potentialEthical Dilemmas in the Classroom and School Characteristics of good ethical decisions Decision is supported by evidence Goal of decision is what should be aimed for Decision can be implemented morally Decision has been legitimately achieved7-4 5. Due Process step-by-step examination of the charges brought against a teacherCertification Teachers who meet all of states 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 teachers ability to perform satisfactorily 7-5 6. Teachers Rights to Nondiscrimination Nondiscrimination 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 criteria7-6 7. Teaching Contracts a legal agreement between teacher and a board of education 5 basic elements for validity Offer and Acceptance Competent Parties Consideration Legal Subject Matter Proper Form Some assignments not specified in contract may be required of teacher as long as there is a reasonable relationship between classroom duties and assignment7-7 8. Due Process in Tenure and Dismissal Tenure 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 7-8 9. Reasons fordismissal Causing or encouraging Insubordination disruption IncompetenceEngaging in illegal activities Neglect of duty Offensive Language Conduct unbecoming Personal Appearance Subversive activities Sex-related activities Decreased need for servicesPolitical Activities Physical and mental Use of Drugs health Age7-9 10. Steps of Due Process1. 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 7-10 11. Teachers may join teacher organizations without fearof dismissalCollective Bargaining laws that require schoolboards to negotiate contracts with teacherorganizationsGrievance formal complaint by a teacher against anemployer7-11 12. Academic Freedom teachers right to use teaching methods and materials to which school officials might object (must be balanced against interest of society)No longer a strong defenseTeacher must show that he/she:Did not defy curriculum directivesFollowed professional normsDiscussed matters of public concernActed professionally and in good faith 7-12 13. Famous Cases Scopes 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 constitution7-13 14. States Rights and Academic Freedom Some 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 7-14 15. Currently, no state has provisions regarding thedismissal, assignment or denial of right to studentteach. Potential for liability exists for student teachers (thesame as other regular, full-time teachers). Student teacher should be cautious before assumingsubstitute teaching responsibilities7-15 16. Legal Advice for Student Teachers Read the teacher handbook Know safety rules and regulations Be aware of hazards associated with activities and actto protect children accordingly Be aware of controls and requirements placed oncurriculum by district Respect confidentiality and use student records toimprove teaching Document problems7-16 17. Avoiding Tort LiabilityTort law deals with negligent behavior thatresults in injury, intentional injuries, libel, slander,and injuries from defects in land or buildingsTort Liability an individual who is negligent andat fault in exercise of duty, can be required to paymonetary damages to injured partyTeachers (especially shop, physical education andscience teachers) are held to higher standards due toincreased chance of injury 7-17 18. To be liable the following must be present:A legal dutyBreach of that dutyCausal connection between conduct and resultantinjuryActual loss or damage7-18 19. Most cases involving tort liability are the result ofnegligence in one of the following formsInadequate supervisionInadequate instructionLack of improper medical treatmentImproper disclosure of information (especiallydefamatory)7-19 20. Educational Malpractice schools are negligent ifpupil fails to achieve significantly Reporting Child Abuse Teachers are required by law to report suspected childabuse. Teachers should follow school process to report childabuse Teachers need to follow 4th amendment to guardagainst unlawful search and seizures 7-20 21. Observing Copyright Laws Fair Use Doctrine copyrighted materials may be used in reasonable manner without the copyright holders consent as long as the use does not reduce the demand for the work or authors income Digital Millennium Copyright Act (DMCA) it is illegal to circumvent copy blocking measures that control access to copyrighted works 7-21 22. Doctrine of Fair Use applies to the following materials Photocopies Videotapes Computer Software Email and InternetPublishing on the Internet Teachers and students can be copyright protected by including statement that materials may not be duplicated without permission Childrens last names and identifying information should not be published7-22 23. 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) 7-23 24. Freedom of Expression Teachers and students donot have to give up freedom of expression when inschoolCensorship Student publications areconstitutionally protected and should be regulated ifposing threat of disruption, libelous, vulgarity orobscenity Schools may use prior censorship requiring studentsto submit literature before publicationStudent Expression on Social Networking Sites Laws/Policies are still evolving Districts have no right to control student expression offcampus unless it can lead to a disruption on campus7-24 25. Dress Codes Schools may have dress codes aslong as codes are clear and reasonable andstudents are notifiedSchools must balance First Amendments rights ofstudents and legitimate right of school authoritiesto maintain a safe and disruption free environment 7-25 26. DueProcess in Suspension and ExpulsionStudents have a legal right to education and that rightshould only be removed through the application ofprocedural due processReasonable Search and Seizure4th Amendment citizens are protected from searchand seizure without a warrantCourt 2 prong test of Reasonableness School official has reasonable suspicion student has violated alaw or school policy Search must be conducted using methods that are reasonable inscope 7-26 27. Guidelinefor Searches for EducatorsInform students and parents at beginning of yearabout the schools procedure for conducting searchesBase searches on reasonable suspicionConduct search with another staff member presentAvoid strip searches or mass searches of groupsRequire that police obtain a search warrant beforeconducting search of school 7-27 28. Family Educational Rights Privacy Act (FERPA) gave parents and students the right toexamine their school recordsKnown as Buckley AmendmentSchools must do the following1. Inform parents and students of their rights2. Provide information to parents and students about types of educational recordsand how to obtain access to them3. Allow parents or student right to view records and request changes or hearingsand add their own explanation4. Not give out personally identifiable information without prior written consent ofparents or student5. Allow parents and student to see the schools record of disclosuresExceptions Teachers grade books and personal records Private notes of school law enforcement officials 7-28 29. Peer grading and use of cameras in schools does not fall underprivacy protectionStudents Rights to NondiscriminationStudents who are pregnant, married, parents or have a non-infectious disease may not be discriminated against