Introduction to Education: Choosing Your Teaching Path Sara Davis Powell Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458

Introduction to Education: Choosing Your Teaching PathSara Davis Powell

Copyright ©2009 by Pearson Education, Inc.Upper Saddle River, New Jersey 07458

All rights reserved.

1

Ethical and Legal Issues in U.S. Schools




2

Focus Questions

• What does it mean to be an ethical teacher?• How do laws affect schools, teachers, and

students?• What are the legal rights of teachers?• What are the legal responsibilities of

teachers?• What are the legal rights of students?• How does the law impact the relationship

between school and religion?




3

What Does It Mean to Be an Ethical Teacher?




4

What Ethical Teachers Should Do

Ethical teachers shall:

• abide by the NEA Code of Ethics

• put students’ best interests ahead of other

considerations

• involve families often and positively

• support colleagues and work collaboratively

• create and maintain a productive learning environment

• diversify instruction to address student differences




5

How Do Laws Affect Schools, Teachers, and Students?

• The laws that affect schools, teachers, and

students are based on a balance of rights and

responsibilities.

• Four basic sources of law directly impact the

work of teachers: the U.S. Constitution,

federal laws, state and local laws and

policies, and case law.




6

Relationship of Laws and Ethics




7

Employment Legalities

• A teaching contract acts as an agreement between parties that states the rights and responsibilities of each as part of employment.

• Tenure indicates a continuing contract status.• Due process provides steps that a district

must take to pursue charges against a teacher and/or dismissal.

• Unions may negotiate contracts and working conditions through collective bargaining.




8

Case Law: Freedom of Expression

• Pickering v. Board of Education (1968)Teacher kept job after publicly criticizing school board

• Keefe v. Geanakos (1969)Teacher kept job after assigning controversial readings

• Kingsville School District v. Cooper (1980)Teacher dismissed for using role-play to teach about racial relations

• Krizek v. Cicero-Stickney Township HS (1989)Teacher dismissed for showing R-rated movie

• Stroman v. Colleton County School District (1992)Teacher fired for encouraging others to lie

• Murray v. Pittsburgh Board of Education (1996)Teacher fired for continuing to use instructional strategy considered

unorthodox by school board




9

Case Law: Teachers’ Personal Lives

• Morrison v. State Board of Education (1969)Teacher keeps job because behavior doesn’t directly affect teaching

performance.

• Tardif v. Quinn (1976)Teacher dismissed for not following dress code

• Thompson v. Southwest District (1980)Teacher keeps job when originally fired for unmarried cohabitation

• Eckmann v. Board of Eduation (1986)Single teacher raising child keeps job

• Ware v. Morgan County School District (1988)Teacher fired for using obscene language toward students

• Elvin v. City of Waterville (1990)Teacher fired for having sexual relations with a minor




10

Case Law: Teacher Liability

• Kaufman v. City of New York (1961)Teacher not liable for sports injury of student during supervised game

• Morris v. Douglas County School District (1965)Teacher liable for field trip injury to young child in her care

• Mancha v. Field Museum of Natural History (1971)Teacher not held liable for injury resulting from a self-guided museum tour

• Sheehan v. St. Peter’s Catholic School (1971)Teacher found liable for playground injury because she left students alone

• Station v. Travelers Insurance Company (1974)Teacher found liable for student injury because students were left alone in

classroom




11

Guidelines for Classroom Copying

1. Single copy may be made for scholarly research or use in teaching: book chapter, article, short story, poem, graphic representation or picture.

2. Multiple copies (one per student) may be made with credit given to copyright holder if 3 tests are passed: brevity test, spontaneity test, time restrictions test.

3. Teachers cannot copy individual works and put them together as an anthology.

4. Students cannot be charged for the photocopying of copyrighted works.




12

Case Law: Student Rights• Tinker v. Des Moines Community School District (1969)Rights of students to wear armbands to protest Vietnam War upheld

• Goss v. Lopez (1975)Court ruled that students must be given due process when threatened with

suspension because school attendance is a property right

• Ingraham v. Wright (1977)Corporal punishment may be administered without due process• New Jersey v. TLO (1985)

Court ruled search of purse was reasonable after student was found smoking

• Bethel School District No. 403 v. Fraser (1986)School has right to censure lewd language to avoid disruption

• Hazelwood School District v. Kuhlmeier (1988)School has the right to censure controversial articles in school publications

• Isaacs v. Board of Education of Howard County (1999)If there is a “no hats” rule, all students must abide by it

• Davis v. Monroe County Board of Education (1999)School has an obligation to prevent sexual harassment




13

Case Law: Religion in Schools• Wisconsin v. Yoder (1972)Amish allowed to end formal education at eighth grade

• Stone v. Graham (1980)Posting Ten Commandments in public schools is illegal

• Herdahl v. Pontotoc County School District (1996)Practice of prayer in classrooms ruled again to be illegal and in violation of the

separation of church and state

• Santa Fe Independent School District v. Doe (2000)Public prayer at school events violates the First Amendment

• Good News Club v. Milford Central School (2001)Student Christian group allowed to use school facilities




14

Concluding Thoughts

When you choose to teach you make a

commitment to a service profession. You

commit to thoughtful and deliberate decision

making, the courage to do what’s right for

students, and the good sense to ask for

advice and guidance when needed.

Documents

Introduction to Education: Choosing Your Teaching Path Sara Davis Powell Copyright ©2009 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458