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Ethical and Legal Issues in Education

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					Ethical and Legal Issues
      in Education
               TEACHER
      Rights and Responsibilities

   Code of Ethics (NEA, 1975)
    -Ethical vs. Unethical Behavior
    -Guide Ethical Dilemmas (Ill-Structured Problems)
    -Focus on What Is Best for STUDENT!
                TEACHER
       Rights and Responsibilities

 Due Process
 Certification
    -Ability to Perform Satisfactorily
   Nondiscrimination
    -Title VII of the Civil Rights Act of 1964     (race,
       color, religion, sex, or national origin)
    -”Moral Turpitude”
    -Incompetence/Insubordination
               TEACHER
      Rights and Responsibilities

 Contracts
 1.   Offer and Accept
 2.   Competent Parties
 3.   Consideration (expressed compensation)
 4.   Legal Subject Matter
 5.   Proper Form (adheres to state laws)
               TEACHER
      Rights and Responsibilities

   Due Process
    -Tenure
       1. Prevent dismissal on insufficient terms.
       2. Due Process in event of dismissal.

    -Dismissal
       1.   Notification, time, and information must be given.
       2.   Impartial tribunal with legal counsel.
       3.   Decision based upon evidence presented.
       4.   Right to appeal.
               TEACHER
      Rights and Responsibilities

   Organize
    -Collective Bargaining (with organizations)
    -Does not ensure right to strike
    -Grievances (formal complaint)
               TEACHER
      Rights and Responsibilities

   Academic Freedom
    -Creative Teaching Methods and Materials
    -Balance Interests of State and Society
    Examples:
       Theories of Evolution
       Choice of Literature/Films
       Religion
               TEACHER
      Rights and Responsibilities

   Tort Liability
    -Harm (“civil wrong”) to one because of another
       Intentional, Reckless, Careless
    -Monetary damages can be requested.
    -Decisions based upon…
       *Negligence (“standard of care”)
       *Malpractice (students’ failure to achieve)
               TEACHER
      Rights and Responsibilities

   Reporting Abuse
    -Required by law to report
    -Law protects examination through
    “reasonable suspicion”
    -Should always involve a team approach
              TEACHER
     Rights and Responsibilities

 Copyright Laws
  -Photocopies: Brevity, Spontaneity, Cumulative Effect
  -Videotapes: First 10 Days, Learning/Evaluation, Erase
  -Software: One Back-Up, Obtain License
  -Internet and E-mail: Copyright Statements, Citations
 Fair Use Policy - Use without consent
          STUDENT and PARENT
               RIGHTS

   Freedom of Expression (1st Am.)
    -Censorship (of student publications)
       *Does it interfere with school operation?
       *Are there pedagogical concerns?
    -Dress Code
       *Is it clear, reasonable, and given with proper notice?
       *Is it disruptive to educational processes?
      STUDENT and PARENT
           RIGHTS

 Due Process (14th Am.)
  -Short vs. Long-term Suspension
  -Teacher Role
 Reasonable Search and Seizure (4th Am.)
  -Reasonable Suspicion
  -Reasonable Method (in scope)
  -Adhere to Guidelines
         STUDENT and PARENT
              RIGHTS

   Privacy
    -FERPA and the Buckley Amendment
      *Inform parents and students of rights
      *Notification of and access to educational records
      *Hold records confidential unless permission received
            Peer Grading?
            Posting of Grades?
            Parent Volunteers?
      *Day-to-day issues
          STUDENT and PARENT
               RIGHTS

   Nondiscrimination
    -Equal Rights Act – race, sex, religion,
        disability, marital status, health
    -Alternatives available, but not required
    -Health Issues
      SCHOOL DISTRICT RIGHTS

   Corporal Punishment
    -Varies between districts and states
    -8th Amendment vs. 14th Amendment
        *8th: Only those accused of crimes
    -Liability for Teachers/Administrators
    -Review Guidelines
      SCHOOL DISTRICT RIGHTS

   Sexual Harassment and Bullying
    -4/5 teenagers
    -Educators can be held liable for not
       addressing incidences and complaints
    -Impacts teacher behavior
      SCHOOL DISTRICT RIGHTS

   Religious Expression (1st Am.)
    -Separation of church and state
    -Teaching OF versus teaching ABOUT
    -Lemon v. Kurtzman (government practices)
       *Secular legislative purpose
       *Neither hinder nor advance religion
       *Avoid government-religion entanglement
    -Generally rejection of “parent rights” claims
      SCHOOL DISTRICT RIGHTS

   Home Schooling
    -Legal in all states
       *60% regulated
       *50% require standardized testing
    -Rules and regulations differ from state to
       state

				
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posted:3/26/2013
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