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CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

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Page 1: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

CUIN 6371Models of Teaching

Fall, 2003Howard L. JonesJurisprudential and

Role Playing Models

Page 2: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Social InteractionSocial InteractionTeaching About Society– Jurisprudential Oliver and Shaver– Role Playing/Simulations

Teaching Social Skills– National Training Laboratory

Teaching Academic Content & Social Skills

– Various Forms of Cooperative Learning

Page 3: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Reconstructivism emphasis on social reformGeo. Counts, Harold Rugg, Theodore Brameld

Experimentalism emphasis on pedagogy

John Dewey, Wm. H. Kilpatrick

Progressivism

Page 4: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Experimentalism

Education is life, not preparation for lifeEducation is directly related to interests of the childLearning is best accomplished through problem solvingThe teacher’s role is not to direct but to adviseSchools should encourage cooperation rather than competitionOnly democracy permits – in fact, encourages - the free interplay of ideas and personalities, both of which are required for true growth

Lloyd Duck, Teaching With Charisma.

Page 5: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Reconstructivism Lloyd Duck, Teaching With Charisma

Tthe child, the school, and education itself are shaped by social and cultural forces.Civilization now faces the possibility of self annihilation. The means and ends of education must be refashioned to meet the demands of the cultural crisis. In Fact,….The main purpose of education should be to promote a clearly thought-out program of social reform.The new society must be a genuine democracy.People must be persuaded to reconstruct society AND this persuasion should begin in school.

Page 6: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Negotiating or Haggling

Page 7: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Assumptions

Ultimate value of society is human dignity which calls for personal freedom and choice But the basic values that we can choose among (freedom of speech, equality of opportunity, cultural autonomy, representation ...) conflict from time to timeSociety consists of people with conflicting views Negotiation is always required; in fact, a free society requires open conflict and negotiation

Page 8: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Jurisprudential ModelA high-level model for citizenship education

Think systematically about contemporary issuesSociety consists of people with legitimate conflicting issuesNegotiation is always requiredThree types of competence– Familiarity with agreed-upon the values framework

(Declaration of Independence, Constitution, Bill of Rights, other Amendments)

– Skills in resolving issues– Knowledge of contemporary political and public issues

Page 9: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Basic Social Values

Rule of law

Equal protection under the law

Due process

Justice

Preservation of peace and order

Personal liberty

Separation of powers

Local control of local problems

Page 10: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

(Joyce/Weil, p. 84)

Page 11: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Bill of RightsThe Protection of Human Values

Freedom• To think and act on own behalf

Justice• Due process; governmental fairness

Equality• Distribution of burdens and benefits

Page 12: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

But all balanced with the welfare and needs of other members of the larger

communityThe Balance

Individual Rights of Rights Larger Community

Page 13: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Or the “Spock” Question

Do the needs of the many outnumber the needs of the few OR

Do the needs of the few – or the one - outnumber the needs of the many?

Page 14: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Instructional

Nurturant

Jurisprudential Inquiry Model

(Joyce/Weil, p. 93)

Page 15: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Most Arguments Center on Three Types of Problems

Definitional– What are the meaning of all words used to express

the problem and the issues

Value– Good or bad? Yes or no?

Factual– What really happened from the perspectives of all?

Page 16: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

How Deal with the Model?

ConcreteSituations

What are thefacts? Whatare the issues?

A Statement in policy form.. “Should ….”

What are the conflicts?

What are the classes ofvalues?

Page 17: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Deal with the Model

Have there been similar cases? What

was determined there?

Any compromisespossible?

Take a stand - Argumentation

Findings?

What are the classes of values?

Page 18: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Legal Precedents in Education

No mention of education in the Constitution

Page 19: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Amendment 10Powers Retained by the States and the People

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.

The “Reserved” Clause

Page 20: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Sooo…

Education is a function of the State!

Page 21: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

But…

Until Tinker v. Des Moines schools acted

In Loco parentis

Page 22: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Freedom of Religion, Speech, and the Press;Rights of Assembly and Petition

Congress shall make no law respecting an establish-ment of religion, or prohibiting the free exercise thereof;or a bridging the freedom of speech, or of the press; orthe right of the people peaceably to assemble, and topetition the government for a redress of grievances.

Amendment 1

Page 23: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Freedom of Religion, Speech, and the Press;Rights of Assembly and Petition

Congress shall make no law respecting an establish-ment of religion, or prohibiting the free exercise thereof;or a bridging the freedom of speech, or of the press; orthe right of the people peaceably to assemble, and topetition the government for a redress of grievances.

Amendment 1

Page 24: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Amendment 4

Search and Arrest Warrants

The right of the people to be secure in their persons,houses, papers, and effects, against unreasonablesearches and seizures, shall not be violated, and no war-rants shall issue, but upon probable cause, supported byoath or affirmation, and particularly describing the placeto be searched, and the persons or things to be seized.

Page 25: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Amendment 14

Civil Rights

This amendment was proposed on June 13, 1866, andratified on July 9, 1868. Section 1. All persons born or naturalized in the UnitedStates, and subject to the jurisdiction thereof, are citizensof the United States and of the state wherein they re-side. No state shall make or enforce any law which shallabridge the privileges or immunities of citizens of theUnited States; nor shall any state deprive any personof life, liberty or property, without due process of law;nor deny to any person within its jurisdiction the equalprotection of the laws.

Page 26: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

AMENDMENT 5 Rights in Criminal Cases

No person shall be held to answer for a capital, orotherwise infamous crime, unless on a presentment orindictment of a grand jury, except In cases arising inthe land or naval forces, or in the militia, when in actualservice in time of war or public danger; nor shall anyperson be subject for the same offense to be twice putin jeopardy of life or limb; nor shall be compelled inany criminal case to be a witness against himself, norbe deprived of life, liberty, or property, without dueprocess of law; nor shall private property be taken forpublic use, without just compensation.

Page 27: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

AMENDMENT 8Bails, Fines, and Punishments

Excessive bail shall not be required, nor excessivefines imposed, nor cruel an unusual punishments inflicted.

Page 28: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

But all balanced with the welfare and needs of other members of the larger

communityThe Balance

Individual Compelling States Rights Interests

Page 29: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Compelling States Interests

Property loss or damage

Carving initials in desks

Wearing gym shoes

…..

Page 30: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Compelling States Interests

Property loss or damage

Legitimate educational purpose

Homework

Tardiness

Teaching about evolution

Literature selections

…..

Page 31: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Compelling States Interests

Property loss or damage

Legitimate educational purpose

Health and safety

Vaccinations

Drug sniffing dogs

Shoes on gym floor

…..

Page 32: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Compelling States Interests

Property loss or damage

Legitimate educational purpose

Health and safety

Serious disruption of the educational process– Need for definition of “serious”– Is a threat of disruption enough to sustain the rule?– For whom is the rule intended, the individual who is

exercising his/her Constitutional rights or the majority who would be disquieted?

Page 33: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

So when individual rights are considered damaged

Burden of proof still rests on complaining student(s)

Page 34: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

But all balanced with the welfare and needs of other members of the larger

communityThe Balance

Individual Compelling States Rights Interests

Page 35: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Get in your groups

Group 1 – Ingraham v. Wright

Group 2 – Irving ISD v. Tatro

Group 3 – Phyler v. Doe

Group 4 – Bethel v. Fraser

Page 36: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Gathercoal, Judicious Discipline

Class Rules….Act in a Safe and Healthy Way– Use furniture appropriately; walk in the building and other designated

areas, follow playground rules, follow bus riding rules, keep hands and feet to self. (Compelling State Interest: Health and Safety)

Treat All Property with Respect– Take care of textbooks, library books, school bathrooms, computers and

personal property of others. Borrow the property of others ONLY after asking permission. (Compelling State Interest: Property)

Page 37: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Gathercoal, Judicious Discipline

Class Rules….Respect the Rights and Needs of Others

– Work without disruption, show courtesy toward others, cooperate to help others learn, use appropriate language, feel good about yourselves. (Compelling State Interest: Serious Disruption of Educational process)

Take Responsibility for Learning– Strive for excellence, work hard and do your best; come to school prepared to

learn; be a good listener, turn your assignments in on time; do your homework, keep track of your materials; set a good example for others. (Compelling State Interest: Legitimate Educational Process)

Page 38: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Role PlayingDealing with problems through action

Roots in Personal SocialDimensions

•Finding personal meaning within social worlds

•Resolve personal dilemmas with assistance of group

Page 39: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

A Vehicle for Students to

Explore their feelingsGain insight into their attitudes, values, and perceptionsDevelop problem-solving skills and attitudesExplore subject matter in varied ways (Joyce/Weil, p. 60)

Page 40: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Some AssumptionsPeople can gain some control over their belief systems if they recognize their values and attitudes AND test them with the views of othersThe ‘here and now” is the real content of the classEmotions can be brought to consciousness and enhancedStudents’ feelings can be drawn out and released– Recall the “catharsis” of Rogers’ model

Page 41: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Assuming Roles…

“patterned sequences of feelings, words, actions…”The effect of taking another person’s side

Page 42: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

We Role Play

New Jersey v. T.L.O., 469 U.S. 325 (1985)

Page 43: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Judge Fesperson

Page 44: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Dr. Jones, mayI be excused?My brain is full.

Page 45: CUIN 6371 Models of Teaching Fall, 2003 Howard L. Jones Jurisprudential and Role Playing Models

Next TimeThe Problem-Solving Models