kauchak and eggen, introduction to teaching: becoming a professional, 3rd ed. © 2008 pearson...

Kauchak and Eggen, Kauchak and Eggen, Introduction to Teaching: Becoming a Professional,Introduction to Teaching: Becoming a Professional, 3rd Ed. 3rd Ed.© 2008 Pearson Education, Inc. All rights reserved.© 2008 Pearson Education, Inc. All rights reserved. 11

Chapter 9Chapter 9School Law: Ethical and Legal School Law: Ethical and Legal

Influences on Teaching Influences on Teaching


Limitations of Laws as Limitations of Laws as Guidelines for TeachersGuidelines for Teachers

Laws are purposely general and vague so they Laws are purposely general and vague so they can apply to a variety of specific situations.can apply to a variety of specific situations.

Laws were created in response to problems that Laws were created in response to problems that arose or existed in the past.arose or existed in the past.

Laws specify teachers’ rights and Laws specify teachers’ rights and responsibilities; they don’t address what responsibilities; they don’t address what teachers teachers shouldshould do. do.

Professional ethics provide a set of moral Professional ethics provide a set of moral standards for the teacher.standards for the teacher.


U.S. Legal Influences on EducationU.S. Legal Influences on Education

FederalFederal Constitutional Amendments (First, Fourth, and Constitutional Amendments (First, Fourth, and

Fourteenth)Fourteenth) LawsLaws

State laws regulateState laws regulate Teacher qualificationsTeacher qualifications Working conditionsWorking conditions Teachers’ legal rightsTeachers’ legal rights

School districts responsible for day-to-day School districts responsible for day-to-day governance of schoolsgovernance of schools


Teacher Employment and the LawTeacher Employment and the Law

Licensure requirements specify minimal levels of Licensure requirements specify minimal levels of teacher qualifications.teacher qualifications.

Teaching contracts are legal agreements Teaching contracts are legal agreements between a teacher and a local school board.between a teacher and a local school board.

Collective bargaining occurs when a local Collective bargaining occurs when a local chapter of a professional organization negotiates chapter of a professional organization negotiates with a school district over the rights of teachers with a school district over the rights of teachers and conditions of employment.and conditions of employment.


Teacher Employment and the LawTeacher Employment and the Law(continued)(continued)

Tenure is a legal safeguard to prevent Tenure is a legal safeguard to prevent teacher dismissal without cause.teacher dismissal without cause.

Reduction in force due to declining Reduction in force due to declining enrollment can result in both tenured and enrollment can result in both tenured and nontenured teachers being released.nontenured teachers being released.


Academic FreedomAcademic Freedom

Right of teachers to choose both content Right of teachers to choose both content and teaching methods based on their and teaching methods based on their professional judgmentprofessional judgment

Protected by First Amendment to the Protected by First Amendment to the ConstitutionConstitution


Academic Freedom (continued)Academic Freedom (continued)

Influenced by several factorsInfluenced by several factors Teacher’s goalTeacher’s goal Specific class involvedSpecific class involved StudentsStudents General acceptance of the practice in General acceptance of the practice in

questionquestion Existence of policies related to the issueExistence of policies related to the issue


Copyright LawsCopyright Laws

Federal laws designed to protect the Federal laws designed to protect the intellectual property of authorsintellectual property of authors

Apply toApply to Printed matterPrinted matter VideosVideos Computer softwareComputer software

Fair-use guidelines specify limitations in Fair-use guidelines specify limitations in the use of copyrighted materials for the use of copyrighted materials for educational purposes.educational purposes.


Teacher Liability Teacher Liability

Teachers are legally responsible for the Teachers are legally responsible for the safety of children under their supervision.safety of children under their supervision.

In loco parentisIn loco parentis requires teachers to use requires teachers to use the same judgment and care as parents in the same judgment and care as parents in protecting their students.protecting their students.

Negligence results from a failure to Negligence results from a failure to exercise sufficient care in protecting exercise sufficient care in protecting students from injury.students from injury.


Child AbuseChild Abuse

All 50 states and the District of Columbia All 50 states and the District of Columbia have laws requiring teachers to report have laws requiring teachers to report suspect child abuse.suspect child abuse.

These same laws protect teachers who These same laws protect teachers who “act in good faith” and “without malice.”“act in good faith” and “without malice.”


Teachers’ Private Lives Teachers’ Private Lives

Teachers are held to a higher standard of Teachers are held to a higher standard of conduct than ordinary citizens.conduct than ordinary citizens.

Moral standards are not absolute, varying Moral standards are not absolute, varying within specific communities.within specific communities.

When teachers break the law, the When teachers break the law, the notoriety, or the extent to which a notoriety, or the extent to which a teacher’s behavior becomes known or teacher’s behavior becomes known or controversial, can determine teacher controversial, can determine teacher dismissal.dismissal.


Teacher TenureTeacher Tenure

Designed to protect teachers from political Designed to protect teachers from political or personal abuses and ensure the or personal abuses and ensure the stability of the teaching forcestability of the teaching force

Controversial because critics say it Controversial because critics say it protects incompetent teachersprotects incompetent teachers

Administrators and teachers differ on the Administrators and teachers differ on the need for tenureneed for tenure


Religion and the LawReligion and the Law

First Amendment to the Constitution provides for First Amendment to the Constitution provides for the separation of church and state but does NOT the separation of church and state but does NOT prohibit individuals from practicing religion.prohibit individuals from practicing religion.

Students can pray in schools, but neither school Students can pray in schools, but neither school officials nor teachers can lead or sanction officials nor teachers can lead or sanction organized prayer in schools.organized prayer in schools.

Religious clubs and organizations can meet on Religious clubs and organizations can meet on public school grounds.public school grounds.

Teachers can teach Teachers can teach aboutabout religion but not religion but not advocate advocate forfor religion. religion.


Student Freedom of SpeechStudent Freedom of Speech

Protected by the First Amendment to the Protected by the First Amendment to the ConstitutionConstitution

Cannot interfere with school learning or Cannot interfere with school learning or the school missionthe school mission

May apply to student newspapers, but this May apply to student newspapers, but this freedom could be limited for “legitimate freedom could be limited for “legitimate pedagogical concerns.”pedagogical concerns.”


Permissible Search and SeizurePermissible Search and Seizure

Fourth Amendment to the Constitution protects Fourth Amendment to the Constitution protects citizens against unlawful searches and seizures.citizens against unlawful searches and seizures.

School searches are permissible if they target a School searches are permissible if they target a specific problem such as drugs or potential specific problem such as drugs or potential violence.violence.

Nonintrusive student searches, such as metal Nonintrusive student searches, such as metal detectors, have been found legal by the courts; detectors, have been found legal by the courts; strip searches, however, have been found strip searches, however, have been found unconstitutional.unconstitutional.


Student Records and PrivacyStudent Records and Privacy

FERPA, The Family Educational Rights and FERPA, The Family Educational Rights and Privacy Act, also called the Buckley Privacy Act, also called the Buckley Amendment, requires schools toAmendment, requires schools to

Inform parents of their rights regarding their child’s Inform parents of their rights regarding their child’s recordsrecords

Provide parents access to their child’s recordsProvide parents access to their child’s records Maintain procedures that allow parents to challenge Maintain procedures that allow parents to challenge

and possibly amend information that they believe is and possibly amend information that they believe is inaccurateinaccurate

Protect parents from disclosure of confidential Protect parents from disclosure of confidential information to third parties without their consentinformation to third parties without their consent


Student Records and Privacy Student Records and Privacy (continued)(continued)

This amendment excludes teachers’ This amendment excludes teachers’ private notes, grade books, private notes, grade books, correspondence with administrators, and correspondence with administrators, and letters of recommendation in which letters of recommendation in which students waive access.students waive access.

Teachers may ask other students to grade Teachers may ask other students to grade homework or classroom work if it is part of homework or classroom work if it is part of classroom instruction.classroom instruction.


Corporal PunishmentCorporal Punishment

Is Is NOTNOT prohibited by the Constitution prohibited by the Constitution Is prohibited in 28 states and the District of Is prohibited in 28 states and the District of

ColumbiaColumbia Is advised against by most educational Is advised against by most educational

psychologists and educational experts psychologists and educational experts because of its negative effects on studentsbecause of its negative effects on students


Students’ Rights in Students’ Rights in Disciplinary ActionsDisciplinary Actions

Students have a right to an education; in Students have a right to an education; in expulsions that last longer than 10 days, the expulsions that last longer than 10 days, the following due process must be met:following due process must be met:

A written notice specifying charges and the time and A written notice specifying charges and the time and place of a fair, impartial hearingplace of a fair, impartial hearing

A description of the procedures to be used, A description of the procedures to be used, including the nature of evidence and names of including the nature of evidence and names of witnesseswitnesses

The right of students to legal counsel and to cross-The right of students to legal counsel and to cross-examine and present their own evidenceexamine and present their own evidence

A written or taped record of the proceedings as well A written or taped record of the proceedings as well as the findings and recommendationsas the findings and recommendations

The right of appealThe right of appeal


Students’ Rights in Students’ Rights in Disciplinary Actions (continued)Disciplinary Actions (continued)

Suspensions of students with Suspensions of students with exceptionalities must take into account exceptionalities must take into account whether the behavior was linked to the whether the behavior was linked to the exceptionality.exceptionality.


Affirmative ActionAffirmative Action

Affirmative action policies are designed to Affirmative action policies are designed to overcome past racial, ethnic, gender, or overcome past racial, ethnic, gender, or disability discrimination.disability discrimination.

Affirmative actions to correct past Affirmative actions to correct past discriminatory hiring practices of teachers discriminatory hiring practices of teachers have been upheld by courts.have been upheld by courts.

Affirmative action can also involve districts’ Affirmative action can also involve districts’ efforts to achieve racially balanced efforts to achieve racially balanced schools.schools.

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