ted 405 ch.5.pdf
TRANSCRIPT
Presented By:
Kathyrn Fredericks, Marcela Moreno, Bryan Ngo, Virginia Sandoval, Katie Staub
Legal and Ethical Issues
CHAPTER 4
Governmental Authority
Federal Authority● Schools have become a huge issue
with federal government● Schools are not a direct responsibility
of the Federal Government. ● The federal government does have
unlimited power and can make changes.
● An example is NCLB-No Child Left Behind of 2001 ○ (P.L. 107-110)○ George W. Bush administration
took charge of school system○ Changed guidelines of reading
instruction, assessment processing, parental communication
Amendments and Education● Amendment I (1791)
○ “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
● Amendment IV (1791)○ “The right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Amendments and Education
● Amendment X(1791)○ “The powers not delegated to the
United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
● Amendment XIV(1868)○ “Section 1.All persons born or
naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
StateAuthority
● 10th Amendment put responsibility within the state governments
● Most states create similar rules for their schools○ Examples: Children are in school
for 180 days and Teachers must be licensed with university degrees and credentials, state curriculums, and yearly assessment tests.
● State Officials in charge are: State legislators, the governor, state department of education, and state boards of education. ○ State officials are mainly in charge of
school laws, school's policies, and distributing funds
● State Agencies ○ are in charge of school records, give out
tests, and provide goal for students
Local Authority● Local elected officials are: the mayor, county executive, city councils, township supervisors, and local judges.
● locals officials put laws into effect that govern both private and public schools
● Local official's decision affect how schools are run
School Authority● School officials are: School district officials, school district superintendent, and
school board council● Superintendent is in charge of operations of schools, school employment, and
taking care of school issues and responsibilities● National and State government decisions have huge impact on local level-impacts
views of whole community● school leaders are principal, vice principal, and teachers.
Laws and Decisions That Affect Schools
Equity● Fourteenth Amendment: “no state
shall...deny to any person within its jurisdiction the equal protection of the laws”.
● Plessy v. Ferguson (1896): Separate facilities did not violate the fourteenth amendment so long as the facilities were equal.
● Brown v. Board of Education: linda brown sued the board of education of topeka, kansas.
● “Separate but equal”.● Civil rights act of 1964.
English as a Second Language● The 1974 supreme
court decision in Lau v. Nichols.
● Transitional bilingual education
● Instruction in their first language creates controversy.
● Language barriers.
New Arrivals● Fourteenth Amendment● Children of illegal
immigrants● Tax money to educate
children● District court of Southern
Texas ● Plyer v. Doe (1982)● California approved
Proposition 187
Religious Freedom● Role of religion of school
controversy● Religious preference● Separation of school and state
mandated in the constitution● Public schools and religion● Religious purpose is
unconstitutional● School district of Santa Fe v.
Doe (2000)● New York School District guilty
of discrimination● No Child Left Behind
● 14th Amendment● Public L. 94-142 most powerful
law● Education of All Handicapped
Children act--IDEA(Individuals with disabilities act)
● Americans with Disabilities Act, or ADA (1990)
● Loss of federal and state funds● Individual Education Plans (IEPs)
special needs students
zero tolerance● Gun-free Schools Act of
1994● Zero tolerance policy
applied to younger and younger students
● Critics feel zero tolerance policies are too harsh
● Legal questions
● Teachers have the “right to privacy” implied in the Fourteenth Amendment.
● Teachers are almost never protected if the behavior involves a student
● Court rulings must balance the rights of the teacher against the interest of the schools
● Academic Freedom and the Freedom of Speech
● Child Abuse● Unions and Negotiations
Teachers’
Academic Freedom and Freedom of Speech
● Tinker v. Des Moines○ Two high school students,
Mary Beth and John Tinker, were suspended for wearing armbands in protest of the war in Vietnam.
○ Sued saying it violated their First Amendment rights
○ Supreme Court ruled in their favor stating “Students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
Academic Freedom and Freedom of Speech
● Teachers are representatives of the school district and the government
● Teachers’ classroom expression is governed by Hazelwood School District v. Kuhlmeier○ Allows school administrators to
censor school-sponsored expression or resist teacher’s classroom expression based on legitimate educational concerns.
● Teachers cannot treat school classrooms as public forums for their personal opinions
● Teachers’ rights to teach what they want- academic freedom- is measured against public values.
● Local schools boards have the right to prohibit the use of certain texts
● Teachers cannot refuse to use required texts or to present the established curriculum
● Cary v. Board of Education, courts believe that a procedure should be in place to review and determine the appropriateness of materials
Child Abuse● Teachers are often the first
responsible individual to realize the children are harmed or neglected by other adults
● The National Child Abuse Prevention and Treatment Act requires teachers to report any known or suspected case
● Teachers who fail to report are legally liable
● https://www.childwelfare.gov/pubs/usermanuals/educator/
Unions and Negotiations● National Education Association
and American Federation of Teachers help teachers negotiate employment contracts with school boards.
● Unions in California are○ California Teachers Association○ California Federation of
Teachers
● Union representatives engage in collective bargaining and negotiates with the school board to set salaries and establish certain working conditions
● If negotiation are unsuccessful and teachers are not happy, they may strike in state where it is legal to do so
● https://www.youtube.com/watch?v=fwEhWl97BfA
Students’ Right and Responsibilities
-Just as teachers are guaranteed rights by law, students also have certain rights and responsibilities
-Children must receive an education.
In Loco Parentis and Family rights
● When children are in school, parents delegate the supervision and safety of those children to the teachers.
● Doctrine In Loco Parentis, which means “in place of parents.”
● This provides the state to exercise custodial control over students while at school.
● Schools must protect the students from danger.
● Schools are held liable for anything that can harm a child while at school.
Searches and Seizures● students’ rights are guarded by the 4th amendment.
● students’ rights must be balanced
● some searching methods include..
-metal detectors
-xray machines
-drug testing
Searches and seizures
● Search and seizures have increased in recent years.
● law protects students against unreasonable searches .
● lockers viewed as school property.
Freedom of Expression ● Students do not lose their freedom of speech in the classroom.
● They are subject to some limitations for educational reasons.
● School dress codes.
● Internet screening.
Ethical Issues for Teachers
-Ethics vs. Rights & Responsibilities
-Ethics-What we “ought” to do
-Rights-What we “have” to do
-Ethical Responsibilities-Decision-making-Fairness & Honesty-Educational
Opportunities
Ethics and Politics● School Administration
○ Contractual Obligations● Students
○ Trust, confidence● Parents
○ Confidentiality● Ambiguity
○ Instincts, training,education, etc.
Code of Ethics 1. Commitment to the Students
a. Responsibilityi. Character Firstii. Effective Members of
Societyiii. Inquiry, Knowledge, &
Goals
2. Commitment to the Professiona. Pride
i. “Paying it Forward”b. Standards
i. “Raising the Bar”c. Promoting Education
i. Changing the worldii. Changing yourself
*Code of Ethics as implemented by the 1975 Representative Assembly of the National Education Association (NEA)