Teachers’ Rights EDU 224 | Newberry College Picture retrieved 11/9/2010 from http://newzar.wordpress.com/2008/06/ Teachers’ Rights EDU 224 | Newberry College

Teachers’ Rights What does it mean to be a professional? What’s the difference between morality and ethics? What can teachers do? Not do? By the end of class you should be able to answer these questions.

What does it mean to act as a professional?

Ethics are a set of rules explicitly adopted by a group of people. Morals versus ethics Morals are personal and cultural values that distinguish between right and wrong. Ethics are a set of rules explicitly adopted by a group of people. What’s a situation where you, as a teacher, might react one way morally and another way ethically?

Teachers’ Rights Question #1 What can’t a potential employer ask you during an interview?

“Interview questions must be related to job requirements “Interview questions must be related to job requirements. Questions about race, creed, marital status, sex, religion, age, national origin, and physical or other disabilities and even a request for photographs along with an application are generally illegal.” Title IX of Education Amendments (1972) Title VII of Civil Rights Act (1964) See pp. 246-247

Teachers’ Rights Question #2 What is sexual harassment? What do you do if it happens to you?

“Victims of sexual harassment are also victims of sex discrimination and can recover monetary damages.” Title IX of Education Amendments (1972) Title VII of Civil Rights Act (1964) See pp. 247-248

Teachers’ Rights Question #3 Can you be fired for living with your girlfriend while being unmarried or being seen drinking?

If your behavior significantly disrupts the educational process or erodes your credibility with students, colleagues, or the community, you may be fired. This tends to be a local or state issue, so case law differs. Results often depend on community standards. Courts have ruled that the community has the right to fire a teacher for… Making public homosexual advances. Incorporating sexual issues into lessons and ignoring approved syllabus. Inciting violent protest among students. Engaging in sex with students. Encouraging students to attend certain religious events. Allowing students to drink alcohol. Drinking excessively. Using profanity and abusive language. Stealing school property (even if it is returned later). If behavior remains private and if the teacher shows discretion, the teacher’s “right to privacy” often prevails. See pp. 248-249

Teachers’ Rights Question #4 You use a controversial book or movie to teach in your classroom. Can you be fired?

“The right to academic freedom (that is, to teach without coercion, censorship, or other restrictive interference) is not absolute. The courts will balance your right to academic freedom with the school system’s interests in its students’ learning appropriate subject matter in an environment conducive to learning.” Share and discuss Morrison’s Banned Books List. See pp. 250-251

Teachers’ Rights Question #5 You leave your duty post briefly and an accident occurs. Can you be held responsible?

You can be charged with negligence, depending on whether your absence is considered reasonable. “Courts generally use two standards in determining negligence: 1) whether a reasonable person with similar training would act in the same way and 2) whether or not the teacher could have foreseen the possibility of an injury.” Misfeasance – Failure to conduct in an appropriate manner an act that might otherwise have been lawfully performed Nonfeasance – Failure to perform an act that one has a duty to perform Malfeasance – An act that cannot be done lawfully Educational malpractice – Failure to provide an adequate education, academic damage See pp. 251-252

Teachers’ Rights Question #6 Can you criticize your school or district publicly?

The courts will balance your First Amendment rights with the school or district’s interest in efficiently providing public services, whether or not your comments damage operations, whether or not your statements are knowingly or recklessly inaccurate, and whether there is a need for confidentiality. See pp. 252-253

Teachers’ Rights Question #7 You make a copy of an article for your class. Is that illegal?

Teachers’ rights to freely reproduce and distribute published works were curtailed by the Copyright Act of 1976. Under the legal principle of fair use, teachers may still reproduce published material on a limited basis without written permission. Fair use is determined by brevity, spontaneity, and cumulative effect (9 instances per class per semester). Also applies to software (1990 Amendment) and web material (Digital Millennium Copyright Act, 1998). See pp. 253-254

Teachers’ Rights Question #8 You decide to strike with your colleagues to protest a district salary issue. Can you be put in jail?

In some states, courts have recognized the right of teachers to organize and bargain collectively (as unions): Alaska, California, Colorado, Hawaii, Illinois, Louisiana, Minnesota, Montana, Ohio, Oregon, Pennsylvania, Vermont, and Wisconsin. In others, the courts have determined that teachers provide a vital public service and cannot strike. See pp. 254-255

Teachers’ Rights Question #9 You are Physical Education teacher. Can you group students based on gender?

Teachers cannot use assumptions about gender (or race) to determine placements or assignment or groups. In P.E., Title IX prohibits sex segregation except when the activity involves significant bodily contact, if the assessment of of ability was made using objective standards, or if students’ religious beliefs prohibit them from participating in coed activities. See pp. 255-256

What should a teacher do? Be knowledgeable. Be careful. Know your community. Know School Board policies. Cover yourself. Get permission and check with others. Make sure you are where you are supposed to be. Join an educational association that can help protect and defend your rights. Notify appropriate authorities – school district, federal Office of Civil Rights – when necessary.

Class Wiki Assign/discuss homework. Discuss next steps.