1. What are the ethical and legal issues facing teachers
What are the ethical and legal issues facing teachers? Chapter 8 EDU 001 Spring 2010
Dr. Paul A. Rodriguez

2. Ethics and the law are closely related, but they also differ.
Ethical teaching has six specific characteristics
Teachers can & should formulate their own codes of professional ethics
Teachers need to understand fully how two basic legal terms, due process & liability, relate to their work
Ethics refers to a system or a code of morality embraced by a particular person or group. Law is related to, but different from, ethics.
A law is a written rule that members of a given community must follow
Whereas ethics may be invisible obligations that we perceive, laws typically are statements that have been hammered out by the legitimate authority of a particular community, state or nation and are used in court as standards by which to judge, and often penalize, the actual behavior of individuals. What someone might refer to as an unstated law is not a law at all, however, it is an ethical statement.

3. If you wish to know who a man is, place him in authority
Laws are concrete, made by people, and usually written down for the public to see; ethics, by contrast, consists of ideas that are less tangible and observable. Most of our laws are simply the codification of what we see as our moral or ethical obligations to one another.
Teachers carry a special ethical and legal burden. Much of the moral message is incorporated into the content of our curricula, from our great stories to or history as a people.
A unique set of ethical relationships and legal obligations is embedded in teachers’ work.
Teacher’s unique ethical and legal relationship with students is power.
Because of the potential abuse of power, codes of ethics have been established to guide the teacher and a body of laws governs the work of teaching. Ignorance of the law and ethics is no excuse to violate, it, so we urge you to take the material to heart.
If you wish to know who a man is, place him in authority
--Yugoslav Proverb

4. It is easy to be brave from a safe distance
Empathy is the ability to mentally ‘get inside the skin’ another person. We need to feel what the others in an ethically troublesome situation are feeling.
Knowledge—teachers need to remember the facts that will enable us to put an issue in context. Teachers need to be able to formulate reasonable approaches to the problem and then, from experience, anticipate the consequences of each approach.
Reasoning—when we reason about an issue, we move through it step by step and draw conclusions, or we compare a particular event or action with some moral principal and come to some conclusion.
Courage—to be ethical, we must act—and action sometimes takes courage. To be ethically correct often requires the willpower to act in what we perceive to be the right way rather than in the comfortable way.
It is easy to be brave from a safe distance
--AESOP
Acting on ethical principles demands sensitivity and courage. In addition, teachers need the communications skills to deal sensitively with issues that demand great tact. They need to be able to call the right words, with the right feelings and tone, and to address the issue at hand openly and honestly.

5. Personal code of ethics—everyone has one
Personal code of ethics—everyone has one. Ethics deals with ‘the right thing to do’.
Humans are imitative creatures. First we copy our parents and siblings, and then as we move out into the world, we copy various people who cross our paths.
One of the primary sources of ethical guidance is the spiritual and religious domain.
Secular guides—a large part of our ethical guidance comes from everyday life.
Reason—through the use of our reasoning abilities, we can sort out whether an issue has an ethical component and think through the consequences of various courses of action.
Moral compass—with our personal code of ethics, each factor contributes to our moral compass—the ethical ‘mental magnet’ that quickly enlightens us about what we ought to do.

6. Three ways to influence ethically
Teachers can set a good personal example.
Teachers can establish a beneficial classroom climate by creating an environment of safety and trust where students are free from fear and ridicule, where a spirit of cooperation and friendly competition prevails, and where students are working hard and feeling the satisfaction of learning.
Teachers can establish an ethical dialogue in their classrooms by discussing with students the core ethical values, such as honesty, respect for others and responsibility that come into play not only in the study of literature and history, but especially in the real life events of the school. The everyday ethics of teaching, then, means doing the job as it ought to be done.
Living up to basic ethical standards in the classroom—discipline, tolerance, honesty—is one of the important ways children learn how to function in society at large
--Eloise Salholz

7. The American Federation of Teachers (AFT) has a “Bill of Rights and Responsibilities for Learning” that deals with the ethical treatment both teachers and students should receive.
Much of the legal authority of teachers was based on the principle of in loco parentis, meaning “in the place of parents.” In other words, it was generally agreed that teachers acted as parental figures while students were in their care.
Rise of litigation—there is an increasing tendency to use the courts to settle differences and conflicts that have impacted the teacher.
Law=collective judgment—the law that will work is merely the summing up in legislative form of the moral judgment that the community has already reached. Our laws represent our collective social judgments and decisions about what is fair.
Due process=fairness—is that fairness should be rendered and teachers’ rights as individuals should not be violated. Many of the most influential court decisions concerning education, teachers and the law concern fundamental issues of due process.

8. Substantive due process has to do with the issue itself
Procedural due process concerns the fairness of the process followed
Procedural safeguards:
The opportunity to be heard at a reasonable time and place
Timely and adequate notice giving details of the reasons for the proposal suspension or dismissal
An effective opportunity to defend oneself, including oral presentations of evidence and arguments
an opportunity to confront and cross-examine witnesses
The right to retain an attorney
A decision resting solely on the legal rules and evidence adduced at the hearing
A statement of the reasons for the determination and the evidence relied on
An impartial decision maker

9. Contract—is a binding agreement between two or more persons or parties
Contract—is a binding agreement between two or more persons or parties. It indicates the rights and responsibilities of each party to the agreement, and all teachers, new or old, sign a contract with their board of education or trustees.
A grievance—is the formal expression of a complaint about an unsatisfactory working condition. Grievances typically concern disputes over working conditions; when a person files a grievance, he or she usually argues that the working condition was in violation of the teacher’s contract.
Continuing contract—contracts over a set period of time. Its terms will remain in force until the teacher is given notice that the contract will be terminated on a particular date.
Elements of legal contracts:
Have a lawful subject matter
Represent a meeting of the minds of both parties
Include an exchange of something of value (called a consideration)
Be entered into by parties who are competent to do so
Be written in proper form (instead of in vague terms such as “pay the teacher what he or she is worth”)

10. Breach of contract—when either party violates conditions of the contract, the contract itself is said to have been breached, and the other party can sue for damages
Tenure—continuing contract. New teachers are hired on a probationary basis, with the probationary period often lasting three years, so that the school district can ensure that the non- tenured teacher can teach well enough to be granted permanent faculty status.
Long-term rights—tenure come from the Latin root meaning “to hold,” as in “hold that job.” Tenure helps to maintain “an adequate and competent teaching staff, free from political or arbitrary interference.”
Tenure guarantees your position as a teacher in the school district, but it does not mean that you are guaranteed to have the exact same teaching assignment every year.
Special conditions—dismissal procedures are covered by the laws in each state, and those procedures must follow due process
Tenure as “property”—tenure is protected under the Fourteenth Amendment and is considered part of the teacher’s “property.”

11. Dismissal “for cause”—states vary concerning what they consider due cause for dismissal, but most require a good reason that will withstand the scrutiny of the courts, such as sexually molesting a student, gross negligence, or gross incompetence.
Conduct unbecoming—immorality, insubordination, incompetence and “conduct unbecoming a teacher.”
Reduction for economic reasons—called reduction in force, or “riffing” in slang, this practice is done when student enrollments are shrinking. Riffing is rarely used, except in the case of a district budget crisis.
Liability—means blame, as in “The teacher should accept liability for the student’s dislocated shoulder,” and other accidents and mistakes. It implies that the teacher behaved negligently or intentionally in a way that allowed an injury to happen.
Liability precautions:
Make a reasonable attempt to anticipate dangerous situations
Have proper supervision
Take precautions
Establish rules
Give warnings to minimize the chances of students getting hurt

12. Automobile liability—before taking students in a private car, the teacher needs to be sure that the district’s insurance policy covers the students on the trip.
Child abuse—teachers are obligated to report suspected child abuse
Self-defense—when a teacher uses reasonable force, as in the process of stopping a fight.
Assault—a teacher’s recourse against an abusive student is governed by assault and battery laws. In legal terms, assault has come to mean a threat to do harm.
Battery—means a willful attach on another person that results in harm.
Academic freedom—freedom of expression includes symbolic expression and verbal or written expression
Symbolic expression—is not limited to spoken and written words. Dress styles, armbands and buttons have been used in recent years to “make a statement.”
Fair use guidelines—teachers may photocopy and under which conditions they may do so

13. --Margaret Bartley, Author and Historian
Intellectual property—are commercially produced videos. Schools cannot routinely record material for potential later use by a teacher; such recording can be done only at a teacher’s request.
Less leniency today—teachers, according to the current view, do not have a constitutional right concerning their ‘style of plumage.’
Rulings against prayer—Abington School District v. Schempp (1963), the Supreme Court ruled both to be unconstitutional.
Teaching about religion is not the same as teaching someone to be religious. In our multicultural, multiethnic society, understanding another person’s faith will foster tolerance and harmony, a goal common to all religions
--Margaret Bartley, Author and Historian
Prayer at graduation—the Supreme Court has also determined that the recitation of prayers at a public school function is unconstitutional.
Student-led prayer at games—the Court ruled that student-led, student-initiated prayer at football games violates the First Amendment, in part because attending school football games is mandatory for some students, such as athletes, cheerleaders and band members and other students who might object to the prayers feel social pressure.

14. The Creationism versus Evolution Controversy
Religious Clubs & Prayer Groups—court decisions provide no clear guidelines here.
After-Hours student prayer groups—the court stated that if the school provides a limited public access for other noncurriculum student groups, then under the Equal Act, a student religious group may also use the school building for its meetings.
Religion & Secular Humanism—specific objections to secular humanism in the schools have taken a number of forms. Two examples are the controversies over teaching about the origins of the human race and the debates over the use of certain textbooks.
The Creationism versus Evolution Controversy
Scopes trial in Tennessee, in which a high school biology teacher, John Scopes, was accused of illegally teaching the theory of evolution. Scopes was found guilty and fined $100, but the verdict was later overturned on a technicality.
Balanced Treatment Act—in 1982, the Louisiana legislature passed the Balanced Treatment for Creation-Science and Evolution-Science Act, which quickly came to be known as the Balanced Treatment Act

15. The act defined scientific creationism as “the belief that the origins of the elements, the galaxy, the solar system, of life, of all the species of plants and animals, the origin of man and the origin of all things and their processes and relationships were create ex nihilo (from nothing) and fixed by God.” The act also required that the development of curriculum guides and research services for teaching creationism. The act provided none of these resources or protections for those teaching evolution.
The intelligent design theory—suggests that some biological structures and other aspects of nature are so complex and so highly interdependent that they could not have developed through Darwinian evolution, or “undirected natural causes.” Intelligent design theorists believe there is evidence that “an intelligence” either created or somehow guided their development.
Tennessee case—the court ruled that texts in question did not promote or require a person to accept any religion. Textbooks promoted neither secularism nor any other religion.

16. Four guidelines:
Students may not be required to salute the flag or to stand for the flag salute if this behavior conflicts with their religious beliefs
Bible reading, even without comment, may not be practiced in a public school when the intent is to promote worship
Prayer is an act of worship and as such cannot be a regular part of opening exercises or other aspects of the regular school day
Worship services, such as prayer & Bible reading, are not constitutional even if voluntary rather than compulsory. Consensus, majority vote or excusing objectors from class or participation does not make these practices legal
Other guidelines:
Public schools should not interfere with or intrude on a family’s religious beliefs
Public education should be respectful of religion, should be open to appropriate religious expression, and should teach about religion because it is so very much part of our nation’s history
Advocacy of religion by teachers & administrators has no place in public education

17. Selected U. S. Court Cases Dealing with Religion & the Schools Scopes v. State of Tennessee (1925) teaching evolution in public schools Edwards v. Aguillard (1987) Balancing the teaching of creationism & evolution in public schools curricula—violate the Constitution’s provisions against teaching a particular religious viewpoint Public schooling, prayer and the Bible Engel v. Vitale (1962) there is no difference between voluntary and compulsory prayer in school. Private prayer & Bible reading are protected Abington School District v. Schempp (1963)—the Bible may be studied for historical, cultural, or other general educational purposes Reciting nondenominational prayers at public school ceremonies Lee v. Weisman (1992)—it is unconstitutional to include adult-led prayers at public school ceremonies because students are virtually obligated to attend ceremonies

18. Students reciting nondenominational prayer at extracurricular events Santa Fe Independent School District v. Doe (2000)—schools cannot allow student-led prayer at extracurricular events because attendance is not completely voluntary Public schools & extracurricular religious groups Board of Education of Westside Community Schools v. Mergens (1990)—the Equal Access Act indicates that extra curricular religious groups may meet in public school buildings without violating the Constitution Student and Due Process—following this principle of in loco parentis in cases involving students. Teachers are expected to treat their students in a caring and informal manner instead of in the formal and legalistic manner that governs relationships “out in the world.” however, many school districts have created clear statements governing procedures for expulsions, suspension, student privacy, freedom of speech and publications.

19. Guidelines for Educators
School districts face many kinds of disciplinary issues—schools use, in-school suspension, out-of-school suspension and expulsion
Violation of PL —called the Individuals with Disabilities Education Act (IDEA)—allows school authorities to suspend dangerous students with disabilities for a maximum of ten days. Longer suspensions require either the permission of parents or the consent of a federal judge
Zero-Tolerance Rules—school districts have adopted zero-tolerance policies toward weapons, drugs or school fights
Rights of pregnant students—most school districts now make arrangements for the education of pregnant students
Guidelines for Educators
Documentation—students must be notified either in writing or orally of the nature of their offense & the intended punishment
Explanation—must give students a clear explanation of the evidence on which the disciplinary charges rest
Opportunity to defend oneself—give students an opportunity to refute the charges before a fair & impartial individual with decision-making authority

20. Limits of corporal punishment—many states leave the decision up to local school districts
Search and Seizure—if there are reasonable grounds to suspect that the locker contains something illegal or dangerous
Reasonableness and Probable Cause—a substantial reason for believing that the person is in possession of something illegal—to conduct any kind of search of a person or possessions
Criterion of “Reasonableness”—appears to be determined, first by whether the search has been initiated by a “reasonable” suspicion. As a general rule, police need a warrant and the consent of school officials to search individual students or their lockers
Freedom of Speech—in schools, freedom of expression must be balanced with the school’s responsibility to maintain a safe and orderly environment and to protect people’s feelings and reputations
Symbolic protest—according to the Court, there is no evidence that the wearing of armbands would “materially and substantially interfere with the requirements of appropriate discipline in the operation of the schools

21. Fraser case—lewd speech—the First Amendment does not require schools to tolerate at school events student expression that contributes to dangerous drugs, situations, etc.
Internet—many districts have acceptable use policies that provide rules of the road for students using the internet and technology
Sexual harassment—is “unwanted and unwelcome sexual behavior which interferes with your life.” Many schools now have sexual harassment policies that they distribute to students and staff
Family Educational Rights—Buckley amendment, outlines who may and who may not see a student’s record and under what conditions

22. Key Terms Academic freedom grievance Acceptable use policy in loco parentis Breach of contract intellectual property Buckley amendment intelligent design theory Continuing contract law Contract liability Due process reduction in force Ethics sexual harassment Fair use tenure