CASE ANALYSIS PAPER 1

Case Analysis Paper

Kim Eschler

EDU315

May 3, 2012

Stephan Burnside

CASE ANALYSIS PAPER 2

Case Analysis Paper

In this paper I will review three scenarios in which ethics and responsibility of the

teachers and administration are brought into question. Each case minimally will review

the scenario, and how the conduct would be judged in regards to criminal behavior,

employment issues, and certification.

Case One- Student Property Searches

“A fourth grade student discovered that an envelope of PTA money that his mother gave him to give to the principal was missing from his backpack while he was in his classroom. The teacher asked everyone in the class to look for the envelope. When it was not found, the teacher requested that everyone empty their backpacks and jackets and be subjected to a search. The envelope of money was still not found. The next day, a set of parents filed a complaint with the school principal protesting the search of their daughter. Was this search reasonable under the circumstances? Why or why not?”

The Fourth Amendment of the Constitution protects citizens from unreasonable

searches. The Supreme Court has noted that this right is diminished in the school

environment, because of the need for a safe atmosphere. All schools must find a

balance between students’ rights and maintaining school safety. The most appropriate

way to do this is to have clearly outlined procedures for the school as a whole and

where possible the individual class room.

In this specific situation the parents concern would need to be addressed with

care and concern. Try to set the parents in the situation, apologize for any

uncomfortable feelings their daughter experienced, and very gently and clearly explain

the school policies. All the while being open to the parents’ concerns and clarify any

concerns. This case shows now criminal behavior, employment issues, or certification

concerns for the teacher.

CASE ANALYSIS PAPER 3

Case Two- Tutoring

“You are a well-respected 5th grade teacher. The parents of a 4th grade student (not one of your students) comes to you and ask if you would tutor their son for the academic year. They will pay you $30 per hour and ask for 10 hours of tutoring to be done per week (two hours per day after school). They tell you that their son has been clinically diagnosed with a learning disability, but they refuse to believe the diagnosis. They state that their son “is lazy and needs the kind of accountability that his current teacher is not providing.” You could use the money, but are concerned about the ethics of accepting such a position. What legal and ethical considerations need to be analyzed prior to you making a decision?”

Under the Utah Educator Standards (R277-515-3)

“(a) shall not accept bonuses or incentives from vendors, potential vendors, or gifts from parents of students, or students where there may be the appearance of a conflict of interest or impropriety;(b) shall not accept or give gifts to students that would suggest or further an inappropriate relationship;(d) may accept donations from students, parents, and businesses donating specifically and strictly to benefit students; (Utah.gov, 2012)”

There are states, like Hawaii, where the state ethics code clearly lists restrictions

for tutoring students. In Utah this would be considered a gift, possible favoritism, and

conflict for a potential student. There is no clear criminal behavior, but this is against the

ethics for teachers and would possibly interfere with current employment and renewing

of any further contract.

Case Three- Tied to Insubordination

“Even though a school district has a policy that mandates all male teachers must wear ties, a male kindergarten teacher repeatedly violates that policy over the course of his career claiming that dressing formally restricts effective teaching with small children. After 15 years of teaching, he is terminated for insubordination. Does the district have the right to terminate his employment for his repeated violation of its dress code for teachers? What legal considerations need to be examined?”

Insubordination is the willful disregard for a manager’s direct orders. If this

teacher has been told repeatedly over his career that tie is a required part of dress

CASE ANALYSIS PAPER 4

code, and he willingly chose not to wear it, that is clear insubordination. Questions his

lawyer may look into are: Was there enough documentation to warrant the dismal, was

there any resource or way the teacher would be able to negotiate his dress code, clearly

outlining the reasons why a tie restricts his effectiveness as a teacher.

Insubordination is not a criminal offence, but will be hard to explain to

interviewers and possibly cause future employment issues. Insubordination is not cause

to revoke a teacher’s certification, but it does stay on your permanent state employment

record.

Conclusion

Daily contact with students grants teachers a power and control over children in

their formative years. Ethical situations are going to happen daily. Navigating what is

morally correct, state and district standards, student and parent expectations is a path

that will cause pause consistently. Clear understanding of expectations, limits, and

following your gut will make most of these ethical situations easy to navigate.

CASE ANALYSIS PAPER 5

References

Ehlenberger K. (2002) The Right to Search Students. Retrieved on April 22, 2012 from

ascd.org/publications/educational-leadership/dec01/vol59/num04/The-Right-to-

Search-Students.aspx

Kelsey Elementary School (n.d.) Legal and Ethical, Communications Center. Retrieved

on April 22, 2012 from ecampus.phoenix.edu/secure/aapd/cist/vop/

Education/Elem/ElemCommCtrLeg.asp

Utah State Office of Education (n.d.) Utah Professional Teacher Standards

Continuum Of Development. Retrieved on April 22, 2012 from

schools.utah.gov/cert/DOCS/ProfDev/StandardContinuum.aspx