Chapter 10: Ethics & Law

Chapter Learning Outcomes:


Introduction

When conducting and reporting classroom observations in K-12 schools, it is imperative to adhere to a set of ethical principles and legal considerations. Observers must obtain proper consent from both teachers and students and ensure that the observation process does not disrupt the learning environment. Privacy and confidentiality must be upheld, and any information gathered should be used solely for its intended educational purpose. Additionally, observers should be trained to provide constructive and unbiased feedback, focusing on professional growth rather than punitive measures. Ethical guidelines and legal regulations, such as the Family Educational Rights and Privacy Act (FERPA) and state-specific laws, must be strictly followed to protect the rights and privacy of all individuals involved. In essence, conducting and reporting classroom observations in K-12 schools should be grounded in integrity, respect, and a commitment to fostering positive educational outcomes while upholding the law. 

10.1: How can we create equity in the classroom?

Table of contents

by: Anthony D. Richardson

INTRODUCTION

There are many avenues we can take toward equity in the school. We will discuss Culture, School Size, Gender, Learning, and Funding. Five important topics needed for equity in the classroom. Before you can fair assessment of anything a person faces, they must try to understand the what, when, why and how. Equity is what every Teacher, Principal, School Super Attendant, and Parent should strive for.


CULTURE

Year 2024 will represent the 70th anniversary of Brown v. Board of Education of Topeka, Kansas (1954), the Supreme Court decision outlawing racial segregation in schools. Brown v. Board has been called the defining legal decision of the 20th century, framing as it did the United States’ struggle with issues of race and racial equality. In that decision, the justices clearly state that they were striking down segregation in public schools both to increase educational equity and to eliminate the racial stigma associated with segregation.

Despite a wide range of efforts over the past 60 years, issues of racial and ethnic stigma and its relationship to identity and motivation remain central issues for those interested in creating racially equitable educational settings today. I argue that efforts to improve educational equity can only advance when a corresponding effort is made to reduce racial and ethnic stigma.

In the 60 years since the first Brown decision, we have learned a great deal about both the value of diverse learning environments for student development and how to create effective diverse learning environments. Nevertheless, as we come to understand that the racial and ethnic stigma discussed in Brown continues to play a central role in modern educational outcomes and inequities, we can direct our reform efforts in productive ways.

Note

Culture ... impacts our lives by determining what is important and what is not,what makes sense and what does not. The culture then makes these constructions available to the young and to new initiates for appropriation and use in transforming their participation in that culture. Learning, then, becomes a matter of changes in one's relation to the culture(s) to which one is connected.

SCHOOL SIZE

A large-scale quantitative study using nationally representative and longitudinal data attempted to identify the ideal size of a high school, based on student learning. The study explored these issues for about 10,000 students in 800 public and private schools in the United States. Although most research on this topic has been framed within a "bigger versus smaller" mode, the objective here was to estimate an appropriate balance point between student learning and school size. Achievement gains in mathematics and reading over the course of high school were found to be largest in middle-sized high schools (600-900 students). Schools of this size were also favored in terms of social equity, in that they had weaker relationships between student socioeconomic status (SES) and achievement. Lee and Smith also found that even though the same "ideal size" was consistent across schools identified by their average SES and minority concentrations, school size was a more important factor in determining learning in schools enrolling more disadvantaged students.

Investigating the effects of school size in Chicago's (K-8) elementary schools, another study also found favorable effects for smaller schools in terms of student learning and teachers' willingness to take responsibility for their students' learning. Although without exception, teachers and students reported that social relations were more personal in the smaller high schools; this was not always seen as a benefit. A few students in the smaller high schools reported that they were unable to "live down" the negative reputations of their older siblings or even parents. Some teachers in such schools had to work hard to keep a modicum of privacy.

Sociological theory suggests that human interactions and ties become more formal as organizations grow. Organizational growth generates new bureaucratic structures, as connections between individuals become less personal. These structures can inhibit communal organization. This general theory has been confirmed in research identifying the organizational characteristics of effective schools. In school climate studies, for example, size operates as an ecological feature of the social structure, part of the physical environment that influences the nature of social interactions. In general, the sociological evidence about high schools suggests that social relations are generally more positive in smaller schools.


GENDER

As young people move into adolescence, they begin to explore gender roles. Finding their way through this potential minefield is complicated and challenging for middle school students. The process of determining the variations in masculinity and femininity is largely a social function, not a biological one. What it means to be a man, and what it means to be a woman, is communicated to children by all the adults in a child's life, including teachers.

Boys and girls create very distinct cultures; when they are in same-gender groups they act and play very differently.  Teachers need to understand these differences and be purposeful in the treatment of each so as to send the healthiest messages to adolescents.

In 1992 the American Association of University Women (AALUW) published a groundbreaking study about how schools were not meeting the needs of young girls. Their schools shortchanged girls in many ways: when questioned in class, girls were less likely to receive a prompt to clarify thinking if they answered incorrectly; boys were more regularly called on, and if not, they were just as likely to shout out an answer, leaving girls to sit quietly; and girls were not encouraged to take advanced math and science classes (AAUW 1992). Perhaps not surprisingly, then, in their middle school years, girls stopped being successful in math and science.

So what do we do? The first thing is to become aware of the differences between genders. Once these differences are explained and accepted, educators must be proactive in the way boys and girls are treated in schools. Indeed, there are distinct advantages to educating boys and girls together appropriately, for in doing so, each gender will begin to see how the other thinks, feels, responds, and reacts. Such understanding is in itself a major goal for gender-friendly classrooms.

We should also consider the nature of the differences between boys and girls. Creating a gender-friendly classroom does not mean that you create gender-specific activities, divide your classroom, or even insist on single-sex classes. Students should at some times have an opportunity to work in a gender-matched activity, while at other times they should learn to function in a more typical gender-mismatched one. This allows students to experience instructional times that are more comfortable for students when the activities are matched to their nature. But they also learn to function outside that comfort area when they are in a mismatched situation, and thus strengthen weaker areas.

For teachers the imperative is to learn about the differences in gender. Teachers need to accept that learning occurs differently for each gender, and to measure out activities and experiences that favor one some of the time, and the other some of the time. Keep in mind that although some girls may be more linguistically advanced than boys, some boys are just as advanced. Although some boys manipulate objects well and see patterns better than girls, some girls are headed toward engineering schools. When boys see girls appropriately modeling relationship behaviors, the boys learn how to be more sensitive and open. Likewise, when girls see the appropriate use of assertiveness that boys learn early, the girls see that this can be used to their advantage as well.

LEARNING

Human beings, in our conscious hours at least, are always learning. We cannot do otherwise; learning is an involuntary human activity. What varies among us is what we learn, how our learning is put to use and reinforced, and what learning is valued by a particular group of people at a particular time—our education. The result is that, while everyone learns, some learn to survive and some learn to thrive.

Unfortunately, access to the learning experiences that help people to thrive, though these depend on context, are not equally or equitably available to everyone. And although there may be value in all types of learning experiences, a deep understanding in the field of education of the range of learning experiences available to people who thrive is the first step toward ensuring adequate access to these experiences for all.

Schools, then, are only one of society's educative institutions. Although schools may be the most widely recognized of such institutions, a theory of education must encompass not just a theory of schooling but also a theory of the relation of various educative interactions and institutions with one another and to the members of the society at large. And a vision of educational equity must become a vision of providing access not just to schooling but also to these other resources.

Holistic approach to learning

References

Edmund, W., Gordon, M., Rebeell A. (2007) Toward a Comprehensive System of Education for All Children. Teachers College Record, 109 no.7, 1836–43

Lee, V., Ready, D., Welner, K. (2004) Education Equity and School Structure: School Size, Overcrowding, and School-Within-School. Teachers College Record, 106 no.10, 1989-2014

David, K. (2006) Boys and Girls Together: A Case for Creating Gender-Friendly Middle School Classrooms. The Clearing House, 79 no.6, 247-51

Hertzog, N. (2005) Equity and Access: Creating General Education Classrooms Responsive to Potential Giftedness. Journal for the Education of the Gifted, 29 no.2 213-57

Shutkin, D. (2004) Thinking of the Other: Constructivist Discourse and Cultural Difference in the Field of Educational Technology. Journal of Educational Thought, 38 no.1 67-93

Zirkel, S. (2005) Ongoing Issues of Racial and Ethnic Stigma in Education 50 Years after Brown v. Board. The Urban Review, 37 no.2 107-26


This page titled 10.1: How can we create equity in the classroom? is shared under a CC BY-SA license and was authored, remixed, and/or curated by Jennfer Kidd, Jamie Kaufman, Peter Baker, Patrick O'Shea, Dwight Allen, & Old Dominion U students.

10.2: What are teachers' rights and responsibilities?


By Hillary Childress

" A good teacher is like a candle-it consumes itself to light the way for others" http://www.indianchild.com/teachers_quotes.htm

Learning Objectives

Introduction

To a student a teacher can be seen as someone they can tell their deepest darkest secrets too. So what happens when a student tells a teacher some information that might suggest child abuse or neglect? Teachers need to know how to handle child abuse suspicions on the legal and ethical level and how to recognize it. Definitions The lines between child abuse and child neglect can get a little hazy sometimes. The Child Welfare Information Gateway has defined child abuse as “ Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which presents an imminent risk or serious harm” ( Child Welfare Information Gateway,2008) There are 3 different types of Child abuse; physical, emotional, and sexual abuse. The Child Welfare Information Gateway also defines the three types of abuse

Child abuse can bee seen as causing immediate harm to the child. While child neglect might not cause immediate harm to the child, overtime child neglect can cause physical and developmental harm. Child Neglect it defined as Child Neglect- “the failure of a parent, guardian or other caregiver to provide for a child’s basic needs.” (Child Welfare Information Gateway,2008) Those needs can be put into four categories physical, medical,educational, and emotional.


Statistics

A teacher needs to know the statistics of child abuse and neglect, once they know the numbers they will see how dyer the situation is and how important it is to know how to respond to child abuse and neglect. The National Child Abuse and Neglect Data System is a federal organization that collects data and statistics on child abuse and neglect every year (U.S. Department of Health and Human Services, 2008). In the year 2006 there was an estimated 3.3 million cases and of those cases over half of them were reported by professionals, such as teachers (U.S Department of Health and Human Services, 2008) in the year 2006 the data showed

The data that was collected also showed the child neglect was more common than child abuse, in years past the NCANDs reported that child abuse was more prevalent that child neglect. In 2006 the data showed

Detecting Child Abuse or Neglect

As teachers we spend and average of 7 hours, 5 days a week with our students. So besides their parents, we are the people that the children spend most of their time with, this allows us to create a relationship of trust with our students.The relationship that is created is one that is so strong that a teacher will do anything to protect their students.So by knowing how to detect abuse and neglect teachers are better prepared to protect their students. We also get to know our students behavioral patterns, and if it changes occur. A dramatic change can in behavior can be a warning sign of child abuse or neglect (Coleman). According to Dr. Coleman, a child psychologist some other warning signs of child abuse or neglect both physical and emotional. They are as follows(Coleman).

When it comes to detecting the possibility of child neglect the warning signs can be a lot more apparent and can be easily seen by the outer appearance of the child. Some of the things to look for if a teacher suspects a child is being neglected are as follows (Duncan, 2001)

Reporting Suspicions of Child Abuse or Neglect

When teachers suspect child abuse or neglect they sometimes hesitate to report it, this may be because of a fear that the parents of the child may retaliate against the child, or they feel that even if it is reported nothing will be done. As teachers those we are mandated to report any suspicions of child abuse or neglect. This is stated in the Child Abuse Prevention and Treatment Act(CAPTA) if a teacher fails to report any suspicions they can face disciplinary action up to and including termination and criminal liabilities(Smith, 2007). When a teacher suspects that a child is being abused in most school the teacher will file a report for the principal once the report is filled it is normally given to the guidance counselor who will be the one to contact the local depart of Child Protective Services(CPS)(Citizens Information). The website also states that if a child confides in a child that the teacher should record the conversations. The teacher also needs to have the child’s basic information such as; name , address, phone number, details about the suspected abuse, and information about the potential perpetrator(Duncan, 2001). The CPS will determine in the information is substantial enough for an investigation. The CPS will normally send the mandated reporter a letter, but a family’s right to privacy is still of importance. So a mandated reporter might know that the CPS investigated but may not know the findings or results of the investigation (Duncan, 2001).

Conclusion

So in conclusion teachers have not only a legal responsibility but an ethical responsibility to protect their students. Teachers should pay attention to students’ behavior and create strong relationships with their students. If this happens, I feel that we will see a huge drop in numbers of children dying from child abuse and neglect. Every child deserves a happy and safe childhood and as educators we can help ensure that they are happy and healthy.

Reference

Child Welfare Information Gateway.(2008).What is child abuse and neglect?.Retrieved February 7, 2009, From Child Welfare Inofrmation Gateway. Web site: www.childwelfare.gov/pubs/factsheets/whatiscan.cfm

Children’s Bureau.(2008).NCANDS Survey Instrument.Retri ved February 7, 2009, from Department of Health and Human Services. Web site: www.acf.hhs.gov/programs/cb/systems/ncands/survey.htm

Coleman, M. What should you do when you suspect child abuse. Retrived February 7, 2009, from Scholastic.com. Web site: content.scholastic.com/browse/aticle.jsp?id=4435

Duncan,N. When should teachers report abuse? Retrived February 7, 2009,from Children’s Voice Article.Web site: www.cwla.org/articles/cv0111teachers.htm

Smith,S.(2007). Mandatory reporting of child abuse and neglect. Retrived February 7, 2009, from Smith Law firm. Web site: www.smith-lawfirm.com/mandatory_reporting.htm

(2008).Reporting child abuse are primary and post primary leve. Retrived February 7, 2009, from Citizens Information.Web site: http://www.citizensinformation.ie/categories/education/primary-and-post-primary-education/attendance-and-discipline-in-schools/child_abuse

Quote Provided by: http://www.indianchild.com/teachers_quotes.htm


This page titled 10.2: What are teachers' rights and responsibilities? is shared under a CC BY-SA license and was authored, remixed, and/or curated by Jennfer Kidd, Jamie Kaufman, Peter Baker, Patrick O'Shea, Dwight Allen, & Old Dominion U students.

10.3: What are students' rights and responsibilities?

by Alec Bauserman

"The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools." Shelton v. Tucker, 364 U.S. 479 (1960)


Figure 10.3.1: Over one thousand students in uniform during an assembly at a secondary school in Singapore. (GFDL Mailer Diablo, Wikimedia)

Lawsuits have become increasingly common in our society and many Americans act and speak out of the fear of being taken to court. In any environment, one must be conscious of how their words and actions will affect others. A thoughtless statement or inappropriate physical contact might land you in court. This is especially true in schools, where daily contact, high emotions and stressful circumstances can all come together at the wrong moment. As such, it is good to understand the rights of students trying to express themselves and the rights of teachers trying to keep a safe, orderly learning environment. Few people know their constitutional rights, and even fewer teachers & students know how their constitutional rights change once they enter the ‘semi-public/semi-private” classroom.

This paper will examine some of the rights guaranteed to all Americans and how those rights change once they enter school. It will also seek to answer some of the most common questions held by students. What is free speech? Is it protected in school? How safe am I in my possessions? Do I have any expectation of privacy when it comes to my things? A good understanding of students’ rights benefits everyone: the students who exercise them, the teachers who challenge them, and the democratic society which lives by them.


Learning Objectives

Students Rights

The founding fathers deliberated for days on end when writing the first draft of our nation’s Constitution and later the Bill of Rights. They agonized over wording; argued over semantics. It is likely they had no idea just how successful this “great experiment in democracy” would turn out to be. Equally likely is this: they never once considered how these rights would pertain to young students in the classroom. The landmark case of Tinker v. Des Moines School District clearly defined the benchmark for how rights may be exercised and when they may be curtailed:

Note

“It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.

… On the other hand, the Court has repeatedly emphasized the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.

... Our problem lies in the area where students in the exercise of [their] rights collide with the rules of the school authorities."

In other words, one doesn’t surrender his or her constitutional rights by attending school. However the courts have recognized that the unique nature of the school environment requires that certain liberties be suppressed in the interest of maintaining a safe, orderly learning environment. According to the doctrine of “in loco parentis” school officials are more than government officials; they are, in a legal sense, the temporary parents of their students. Just what exactly that allows them to do and say is a matter of debate and has led to numerous legal challenges, many involving the Supreme Court. This paper will examine some of those court decisions and explore their impact on student’s rights.

Summary - The balancing act between the free expression of rights and the desire to maintain order in school serves as a good example of the struggle faced by our democratic society.

The 1st Amendment

Freedom of Speech, Expression & Religion

Perhaps the most quoted court decision on the subject, Tinker v. Des Moines was a battle over students’ 1st amendment rights, specifically the right to free speech. High school students John Tinker, 15, and Christopher Eckhardt, 16, decided to show their opposition to the Vietnam War by wearing black armbands to school. Administrators countered by banning armbands and threatened disciplinary actions for any students violating the rule. Tinker and Eckhardt wore their armbands and were suspended, not allowed back until they agreed to stop violating school rules. Tinker’s father subsequently sued and lost in District Court. The Appellate Court was unable to reach a decision and the case was passed up to the Supreme Court, who overturned the District Court’s decision and ruled in favor of the plaintiffs. The court stated that if the student’s actions did not disrupt the learning environment, or advocate or cause harm to themselves or others, it was permissible. This has been the rationale in virtually every other opinion held by the court regarding student’s constitutional rights.

While a student’s right to free speech is protected, it is not a blanket protection covering any form of protest. A recent example of this is Morse v. Frederick, also known as the “Bong Hits 4 Jesus” case. This case is particularly eye-opening in that the offense occurred off school grounds. Frederick, a high school student, displayed a banner at a local parade featuring the phrase “Bong Hits 4 Jesus,” a reference to marijuana use. Morse, a school official, noticed the banner and instructed the student to take it down. When Frederick refused, he was suspended by Morse and the decision was upheld by the school board. Frederick sued, claiming protection under his 1st amendment rights. This time the Supreme Court sided with the school board, noting “ … schools may take steps to safeguard those entrusted to their care from speech that can reasonably be regarded as encouraging illegal drug use, [therefore] the school officials in this case did not violate the First Amendment…” This fits with the consistent message of the courts – a student’s Constitutional rights will be protected only as long as their exercise does not endanger the health or academic progress of others.

Other cases regarding the Rights of Free Speech & Expression:

West Virginia v. Barnette, 1943 – The court ruled that is unconstitutional to require students to salute the American flag. The 1st amendment not only protects freedom "of" expression but also freedom "from" expression.

Bethel School District v. Fraser, 1986 - Washington high school student Matthew Fraser was suspended for using sexually explicit language in a speech given on school grounds. The court sided with the school, affirming that schools can prohibit “lewd, indecent or plainly offensive” language.

Guiles v. Marineau, 2004 – A 14- year old student in Vermont was suspended for repeatedly wearing a T-shirt depicting President George W Bush as an alcoholic and a cocaine addict. The shirt contained both written and visual depictions of banned substances. The court sided with the student, citing two factors: 1) the shirt did not advocate the use of illegal drugs and 2) the shirt did not cause significant disruptions to the learning environment.

Summary – A student’s exercise of speech or expression is legal and constitutionally protected so long as it doesn’t:

4th Amendment

Unreasonable Search & Seizure

The student’s desire for freedom of speech can only be matched by their desire for privacy and for security of their possessions. The right of school officials to search a student’s belongings is a contentious issue, and few teachers know the limits of their authority and few students understand the extent of their rights. Just as Tinker v. Des Moines set the standard for the protection of 1st Amendment rights, so did another case set the precedent for search & seizure: New Jersey v. T. L. O., 469 U.S. 325 (1985).

Two female high school students were caught smoking in the restroom and assistant principal Theodore Choplick confronted them. One of the two admitted her wrongdoing but the other student (T.L.O.) denied it. Choplick searched T.L.O.’s purse and discovered cigarettes, drugs and drug paraphernalia, along with a large amount of money. T.L.O. was tried and convicted in court on charges of delinquency. The student countered that the school had violated her 4th amendment rights, depriving her of protection against unreasonable search and seizure (i.e. searching without a warrant) and the evidence should be inadmissible. The Supreme Court disagreed, stating: “a school official may properly conduct a search of a student's person if the official has a reasonable suspicion that a crime has been or is in the process of being committed, or reasonable cause to believe that the search is necessary to maintain school discipline or enforce school policies."

This is a departure from the court’s usual position requiring “probable cause” for government officials to search someone without a warrant. This change, although appearing slight, has enormous ramifications. School officials may search someone based solely upon a well-grounded suspicion, not iron-clad evidence of wrongdoing. This is analogous to the difference between “reasonable doubt” and “beyond a shadow of a doubt.” This threshold however applies only to school personnel and NOT to law enforcement officials on school grounds. The court has been careful not to slide down that slippery slope. In the court’s decision, they state that a teacher’s right to protect him- or herself and the safety of their students is on par with the rights of firefighters, EMS, OSHA officials, etc. The right to privacy must be balanced against the publics right to safety. In a school, the balance is tilted toward protecting safety and maintaining order, even if it is at the expense of student rights.

The issue of locker searches has not come to the Supreme Court. As the locker is school property and therefore “public space” it is not afforded the same protections as a student’s personal possessions.

State of Iowa v. Marzel Jones (2003) - A student whose locker was cleaned out by school personnel. Finding a small amount of marijuana, the student was charged. Marzel claimed 4th amendment protection against unreasonable search & seizure but was denied by the State Supreme Court who “noted that the search occurred on school grounds, ‘where the State is responsible for maintaining discipline, health, and safety.’(Bd. of Ed. of Indep. Sch. Dist. 92 v. Earls, 536 U.S. 822)”

Another issue of concern has been the constitutionality of drug screenings for student-athletes.

Vernonia School District v. Acton (1995) – 7th grade Oregon student James Acton signed up to play football but refused to take a mandatory urine test. Drug testing was administered to athletes after a recent ‘explosion’ in drug-use and the related discipline problems which arose. Citing public health concerns and noting the prevalence of student-athletes involved in drug-related incidents, the school board deemed urinalysis a necessary requirement for participation in sports. The Supreme Court agreed and upheld their decision. Once again, the desire to protect public health overrode student’s desire for privacy.

Summary – School personnel may search a student and their belongings if the health & welfare of the public is at risk or they have a ‘reasonable suspicion’ that a crime has been, is being, or will be committed

5th & 14th Amendment

The Right to Due Process

These amendments protect an individual’s right to a fair trial and must be considered whenever “a person's good name, reputation, honor, or integrity is at stake because of what the government is doing to him..." (Wisconsin v. Constantineau, 1971). This includes the enforcement of disciplinary actions such as suspension or expulsion. The expectations of a fair trial are very different however, depending on the circumstances. Disciplinary expulsion is treated differently than an ‘academic dismissal.’ Claire La Roche makes the point by citing Barnard v. Inhabitants of Shelburne: “Misconduct is a very different matter from failure to attain a standard of excellence in studies.... A public hearing may be regarded as helpful to the ascertainment of misconduct and useless or harmful in finding out the truth as to scholarship." (emphasis added)

According to La Roche’s interpretation of the courts, the following are necessary in the expulsion of a student on disciplinary grounds:

She goes on: “To ensure fundamental fairness, decisions must be based on the facts and supported by the evidence. Moreover, punishment should be commensurate with the severity of the offense. Consequently, it is important for schools to establish guidelines and be consistent with sanctions.”

This matter has come before the Supreme Court as well, who ruled that the rights of due process vary depending on the reason for expulsion. An academic dismissal does not have the same requirements as the stricter guidelines set down for a disciplinary expulsion. This is illustrated by the case of University of Missouri v. Horowitz (1977). A student was expelled for poor academics and lack of good hygiene after being notified in writing and in person. The student countered with the fact that she had never been given a hearing to dispute the charges. The Supreme Court denied her appeal. As La Roche reiterates, “Ultimately, the Supreme Court of the United States held that procedural due process did not require a formal hearing when the school dismisses a student for academic reasons.”

Summary – students are guaranteed the right to a fair trial and due process, although their rights are dependent upon the nature of their dismissal.

Note

How are college students affected by these decisions?

"Although the closely watched ruling bears on only one state, it reveals the tension between privacy and security in dormitories everywhere. Residence halls are legally complex spaces, where crime often creeps in and where residents, perhaps more than ever, expect administrators and police officers to ensure their safety."

Hoover, Eric. (July, 2008). Police in the Dorms: Student Safety or Privacy Infringement? Chronicle of Higher Education, v54 n46 pA15. (link)

Other Miscellaneous Cases

The following are other judgements handed down by the Supreme Court:

- School uniforms and dress codes are intended to stop disruptions to the learning process by banning lewd, obscene or offensive clothing. As such, the courts have ruled them constitutional despite students pleading for “the freedom of expression” and the lesser-known “freedom to see skin.”

- Corporal punishment (physically disciplining a student) barely passed a constitutional challenge in 1977 with a divided court ruling 5-4 that it is neither “cruel and unusual punishment” nor a denial of due process. (Ingraham v. Wright, 430 U.S. 651)

- The censorship of school newspapers was upheld with the understanding that the school is not a “forum of public expression.” Further, the justices declared that a school “need not tolerate student speech that is inconsistent with its basic educational mission.” (Hazelwood v. Kuhlmeier, 484 U.S. 260 [1988])

Conclusion

The Supreme Court has changed greatly through the years, sometimes leaning left, sometimes right. Throughout it all, it has remained remarkably consistent on the issue of student’s constitutional rights in school. In summary, the opinion held by the court might best be summarized by the following: “An ye harm none, do what ye will.” If a student’s speech or actions do not cause physical, emotional or academic harm to others, they will receive the fullest protection offered by the Constitution. By extending these rights to students, teachers offer them the greatest benefit of our democracy and in doing so, invite them to become full members of society.

References

Author Note:

Hello! This section was originally going to be written about "Students' Rights & Responsibilities" but I chose to focus solely on the legal aspect for several reasons, but mainly because its so important. Lawsuits are a real possibility and knowing your rights as teachers, and the students rights as well, can only be a good thing. I think the deserves its own article so more information can be presented on the topic. I certainly learned a lot by writing this. The knowledge I gained has made me more confident in what I can and cannot do in my role as a teacher. While the risk of a lawsuit is still there (and very likely always will be) having a good understanding of teacher's and student's rights has made me more relaxed in the hallways where discipline is the number-one concern. I hope you found this article as helpful as I did.


This page titled 10.3: What are students' rights and responsibilities? is shared under a CC BY-SA license and was authored, remixed, and/or curated by Jennfer Kidd, Jamie Kaufman, Peter Baker, Patrick O'Shea, Dwight Allen, & Old Dominion U students.

10.4: What does it mean to be an ethical teacher?

By: T. Burrell

Introduction

“In teaching, as in life more generally, core principles relating to virtues such as honesty, justice, fairness, care, empathy, integrity, courage, respect and responsibility should guide conduct and interpersonal relations” (Campbell, 2006, p. 32). These virtues are a good description of what an ethical teacher should be, but the use of these virtues can be a difficult task when a teacher is faced with so many unpredictable situations in the classroom and in the school system. The teacher’s knowledge of what ethics is and the practice of it, will aid the teacher in making the best decision when ethical predicaments arise in their daily teaching lives.

Knowledge

Ethical knowledge is an intrinsic feature of awareness between moral and ethical principles. A teacher’s possession of these principles will allow teachers to display moral and ethical values, which includes a sense of right and wrong, treating others with respect, being objective, patient and compassionate. Embodying ethical knowledge gives the teacher the ability to practice their teaching skills with morals and ethics and not just viewing their job as being teaching only. It goes beyond the curriculum, assessment and technical conditions of the profession. The practicing of ethical knowledge by the teacher can be modeled by returning graded papers to the student in a timely manner, by being sensitive to the use of classroom materials that may offend some students, using precaution when displaying a student’s work or by selecting student achievement without bias. The use of ethical knowledge by a teacher can be expressed by the way a teacher projects the tone of his/her voice towards the student, by avoiding student embarrassment and by reminding students of how their behavior can affect other classmates. There are many ways to show how a teacher can demonstrate their ethical knowledge, but a teacher can only do but so much to implement moral and ethical behavior on a daily basis. As we may know, teaching can be a very demanding profession, with moments of chaos, frustration and unexpected events of the day. This tells us that a teacher’s reaction to these situations cannot be choreographed and why the practice of ethical knowledge can help teachers become aware of their “ethical” behavior when such events occur (Campbell).

Personal

The personal ethics for each individual teacher varies according to the teacher’s belief of what is ethical. Each teacher may believe that their interpretation of ethics is being practiced in their behavior and in their personal lives and if this is true, then he/she is demonstrating “ethical principles” and “virtues” of a “moral person” and a “moral professional (Covaleskie,2005,p. 134).” By demonstrating the characteristics of ethics and virtue in the classroom with the use of actions, attitudes and words will make a positive impact on the many students that the teacher will come into contact with throughout their teaching career. This demonstration of ethics will also let the student know, “that if I respect you, then you can respect me” (Campbell).

Classroom

Classroom ethics involve issues the teacher comes into contact with on daily basis concerning their students within the classroom. A teacher is placed in the position of deciding what is the ethical thing to do when issues such as student consideration, content coverage and assessment arises. The assessment issue or better “known as grading” should have “fair standards” that shows the student’s knowledge of the curricula. The teacher has to decide what impact the grade given, will have on the student’s future career choices, the school’s reputation and the parents of the student. The teacher also has to decide the best way to explain to a student why they received an unsatisfactory grade on a specific assignment. The explanation may not be an easy one, but it is only to help improve the student’s academic performance. The content the teacher brings into the classroom questions the teacher’s ethics of what “subject matter” they want to include in their instructions. The teacher has to decide whether there will be enough time to cover each skill of the content area and if there is, “Should some critical thinking skills be included even though my school does not require its coverage? Or, should I just leave out the difficult parts of the course content, even though the students will need it (Kienzler)?” The teacher also has to decide which actions to take, especially when considering the emotional needs of the student. Content of a subject matter that is being discussed in the classroom may reflect upon the home-life of a student whose mother and father maybe going through a divorce or the loss of a parent. How does a teacher deal with these issues in the classroom? And how certain subject matter is taught? Each of these questions requires “that one is not only doing the right thing, but doing it in the right way, at the right time and for the right reasons” (Covaleskie, 2005, p. 134).

School

The ethics of the school may not agree with the ethics of a teacher. A teacher may be faced with numerous moral problems when it concerns the school’s leadership practice of disciplining students. The teacher may question the reason behind the discipline and whether or not it will deter or increase future student behavior (Colnerud,2006,p. 378). Ethical tensions do exist within schools among individual teachers (Allison,2003,p. 124). A teacher may see a colleague mistreating a student and try to make a decision of whether or not to intervene in the situation. “The teacher cannot bring himself/herself to intervene; the teacher says that fear is the reason for their silence and that intervening is considered to be a breach of loyalty (Colnerud, 2006, p.378).” This is a clear example of what teachers deal with on a daily basis in relation to the ethics of their colleagues.

"The Educator, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence and nurture of the democratic principles. Essential to these goals is the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educatior accepts the responsibility to adhere to the highest ethical standards." -The National Education Association's preamble for its code of ethics.

Dilemmas

Teachers encounter ethical dilemmas throughout their teaching careers. This brings up the question, “How do teachers deal with deciding what is the right or wrong thing to do when such dilemmas arise?” When a teacher is faced with ethical and moral dilemmas concerning their students and profession, they use specific codes of ethics written by many educational organizations to help them make ethical decisions. Teachers do need a guide when they are faced with the decisions of what to do if a child has a learning disability, what content matter should be taught, what should be done in defense of a student and a number of other events that will require ethical decisions. The National Education Association (NEA) has created a code of ethics for the different occupational needs of the teaching profession. The NEA created their code of ethics in 1975, which is divided into two sections. The first section lists eight ethical commitments the teacher has to the student and the second section also lists eight ethical commitments the teacher has to his/her profession(Brady, Buchotz and Keller).

National Education Association Ethics Indicators for Educators

Commitment to the Student

Commitment to the Profession

Conclusion

Possessing what it takes to be an ethical teacher can be a difficult task for many teachers, especially when he/she encounters unsuspecting events on a daily basis that will require an ethical decision, which may not be the exact right answer. Hopefully, it will be the ethical answer. This decision making is a great responsibility placed on the teacher, no matter how long one has been in the profession. One can only hope that the years or months of teaching has taught you enough to know what to do when ethical dilemmas occur in the classroom or within the school system.

References

Allison, Derek J. (2004). Reviews the book “The Ethical Teacher,” by Elizabeth Campbell. American Journal of Education. 111(1), 122-126.

Brady, Michael P., Bucholz, Jessica L., & Keller, Cassandra L. (2007). Teachers Ethical Dilemmas: What Would You Do? Teaching Exceptional Children, 40(2), 60-64.

Campbell, Elizabeth. (2006). Ethical Knowledge in Teaching: A Moral Imperative of Professionalism. Education Canada. 46(4), 32-35.

Colnerud, Gunnel. (2006). Teacher ethics as a research problem: syntheses achieved and new issues. Teachers and Teaching: theory and practice. 12(3), 365-385.

Covaleskie, John F. (2005). Ethical Teachers: Ethical People. Philosophy of Education Yearbook, 34-136.

Kienzler, Donna. (2004). Teaching Ethics Isn’t Enough. Journal of Business Communication. 41(3), 292-301.


This page titled 10.4: What does it mean to be an ethical teacher? is shared under a CC BY-SA license and was authored, remixed, and/or curated by Jennfer Kidd, Jamie Kaufman, Peter Baker, Patrick O'Shea, Dwight Allen, & Old Dominion U students.

10.5: How should teachers teach ethics?

by J. Kovalcik

Learning Objectives

Note

Ethics: “the discipline dealing with what is good and bad and with moral duty and obligation” (Merriam-Webster, 2008).

Introduction

While parents are their children’s first and most important teachers, as children enter school, teachers join in the process of shaping children’s minds, attitudes, and behaviors (Brannon, 2008). Children, after all, spend a huge chunk of time in school, away from their parents and guardians and in close proximity of their teachers and fellow students. Shouldn’t it seem obvious then that teachers have a role in contributing to the ethical teaching of today’s students? In this article I will explain the different thoughts and ideas of incorporating ethics education in classrooms, and programs that are happening now to teach ethics in schools.

Character Education…A new term for ethics?

What does ethics education mean? In a survey, when asked this question, the majority of teachers said, “character education” (Zubay, 2007). So, what is character education? The results of Zubay’s surveys show that character education and ethics education are used interchangeably in the context of solving social conflicts over issues such as bullying, diversity, and sexuality (Zubay, 2007).

Note

“Throughout history and in cultures around the world, education rightly conceived has had two great goals: helping students become smart and helping them become good. They need character for both” (Davidson, M., Lickona, T., Khmelkov, V., 2007, p. 30).

When exploring character education it should be noted which personal qualities are involved. The “six pillars of character” are trustworthiness, respect, responsibility, fairness, caring, and citizenship (Zubay, 2007). Character education doesn’t just produce an honest and kind child; it can also produce a child who wants to work hard and do his or her best (Davidson, M. et al., 2007).The “six pillars” are qualities that teachers can exhibit themselves and incorporate in their curriculum as well. Teaching itself is considered a moral responsibility and thus can have a direct impact on the attitudes, behaviors, and achievements of students (Falkenberg, 2007).

Approaches to Teaching Ethics/Character Education

In the school setting, teachers have the most influence on a student’s ethical learning (Zubay, 2007). It is teachers who are around the student during most of the day and have to deal with issues that come up with the students and among the students, thus lending them to more opportunities to teach ethics. How schools are incorporating ethics in their curriculums can be broken down into two categories: informal and formal programs. Informal programs include no formal statement as to how ethics education should be implemented; it is left up to the individual teachers to fit ethics education into the curriculum, whereas a formal program would include a definitive, age-appropriate curriculum with a mission statement, and would include such programs as honor code seminars, monthly ethics themes, or student/faculty ethics committees (Zubay, 2007). In Zubay’s surveys, most of the schools fell into the “informal” category.

Incorporating Ethics/Character Education in the Classroom

The two most popular strategies for teaching students about character are modeling and taking advantage of teachable moments (Brannon, 2008). We’ve all heard the expression, “treat others the way you would want to be treated.” This is exactly what modeling is all about. It is well known that children learn from watching others. They learn from one another and they learn from adults. This is why it is so important for teachers to set good examples for their students and to point out good examples when they are seen (Brannon, 2008).

When volunteering in a kindergarten class at a nearby elementary school one day, I noticed that a child (with the help of his mother) had brought in an aquarium of tadpoles. The tadpoles had nothing to do with the teacher’s current unit, but she took advantage of this new and unexpected teaching tool and turned it into a lesson about caring for animals. The children watched the tadpoles grow and took care of them until they became frogs.

Other ways to incorporate ethics in the classroom include getting students to help write class rules, role playing, songs, and projects. According to Thomas Lickona (1997), teachers can also create a classroom that provides a supportive moral community, use discipline as a way to teach about moral reasoning, encourage democracy in the classroom, teach character across the curriculum, utilize cooperative learning when teaching, provide opportunities for moral reflection, teach students abut conflict resolution, and encourage students to take pride in their work (as cited in Brannon, 2008).

In my six year old son’s first grade class, the students are expected like in all schools, to follow the rules. The first week of school, his teacher asked the class to come up with the classroom rules. In doing this, she made it their responsibility to think of what good behavior encompasses. She then organized the rules and gave each rule a color. Whenever a student breaks one of these rules, he or she has to take the appropriate colored card and place it in his or her rule folder. At the end of the week, every student with less than five cards gets to participate in “good citizenship day”. This involves a special activity which the children normally are not allowed to do, like climbing on the rock climbing wall on the playground. Those children who received five or more cards get a note sent home and do not get to participate in the activity. In addition to the rule cards, his teacher hands out “good behavior” tickets whenever she sees a student performing a good act. Once a child has seven red tickets, he or she may trade them in for a prize from the treasure box. It doesn’t matter how many rule cards the child may have; he or she will still be recognized when doing something good.

Caring

Baron (2007) stated, “Developing and maintaining concern for the welfare of those who are less fortunate is achieved through the development of the habit of using one’s heart well” (p. 51). How do teachers show students they care and why is this important in teaching ethics in the classroom? When middle school students were asked how they know when a teacher cares about them, the response was when the teacher teaches well and the teacher treats them well (Davidson, M. et al., 2007). A survey of teachers, teacher candidates, and college faculty showed that the top seven qualities of caring teachers are: offering help, showing compassion, showing interest, caring about the individual, giving time, listening, and getting to know students (McBee, 2007). When children feel that their thoughts and ideas are heard and matter, they are more inclined to participate and behave better. In her article, Robin McBee (2007) states, “To care deeply and to demonstrate that care, teachers must know their students’ needs and interests” (p. 34). A teacher that is sensitive to the individual needs of his or her students will be considered more caring than one who is not. By showing care the teacher not only boosts the child’s self-confidence and drive, he or she models a behavior worthy of the child repeating.

Parental Involvement

Studies show that many teachers think ethics education is a joint responsibility between parents and teachers (Brannon, 2008). While parents have their own ways of teaching ethics to their children outside of school, there are ways to be involved in their ethics teachings at school as well. Some ideas on how to include parents in character education programs are:

Roots of Empathy

Roots of Empathy is a nonprofit group who brings ethics education to the classroom in a unique way. According to an article in the Wall Street Journal, it is “a decade-old program designed to reduce bullying by exposing classrooms to “empathy babies” for a whole school year” (Wingfield, 2008). In the program, founded by Mary Gordon, the babies are brought into the classrooms to help children, grades K – eighth grade, learn by observing the emotional connection between the babies and their parents and it is designed to boost the “emotional literacy” of children by getting them to recognize and talk about their feelings instead of acting out aggressively (Wingfield, 2008). According to the article, studies have shown that there has been a drop in aggressive behavior among students who were in classrooms with empathy babies, while there were increases in aggressiveness in groups that did not experience the empathy babies (Wingfield, 2008).

Making Ethics/Character Education a School-Wide Effort

While teachers can incorporate teaching ethics in their classrooms, it doesn’t have to be just a classroom occurrence. Schools as a whole can support their teachers by implementing plans and ideas for teaching ethics. In a recent study, Brannon (2008) interviewed teachers who came up with five elements schools can use to positively influence students:

Problems with Teaching Ethics

Teachers in schools that do not have ethics-based curriculums stand to face problems with some parents and even administrators. While most people would agree that ethics/character education should be taught in schools, some parents are uncomfortable with teachers doing this. They don’t like the idea of teachers using their roles as authority figures to influence their children’s character development (Brannon, 2008). Likewise, some administrators have a problem with teachers incorporating ethics in their curriculum as they feel it may take away from core subject areas (Brannon, 2008). While teachers may encounter this type of opposition, it should not discourage them. Author Dinana Brannon conducted a survey (Brannon, 2008) in which most teachers said they faced problems with time, materials, parents, and the curriculum, but they all felt that character education is important and helpful to their students and society.

Conclusion

In my opinion, no matter how a teacher decides to do it, ethics education should be incorporated in the classroom for those children who do not get it at home and to reinforce it to those who do get it at home. I feel that regardless of whether they get support from their school or whether or not their school has an ethics education program implemented, teachers should always, at least, incorporate it in the classroom by setting good examples and be caring and nurturing.

References

Baron, D. (2007). Habits that build excellence [Electronic Version]. Principle Leadership (High School Ed.), 8 no4 50-2.

Bongsoon, Z. (2007). Ethics by the numbers: Survey on ethics education in schools [Electronic Version]. Independent School, 67 no1 60-5.

Brannon, D. (2008). Character education: It’s a joint responsibility [Electronic Version]. Kappa Delta Pi Record, 44 no2 62-5.

Davidson, M., Lickona, T., Khmelkov, V. (2007). Smart and good schools: A paradigm shift for character education [Electronic Version]. Education Week, 27 no12 30-31

ethic. (2008). In Merriam-Webster Online Dictionary. Retrieved September 21, 2008, from http://www.merriam-webster.com/dictionary/ethic

Falkenberg, T. (2007). On the grounding of teacher education in the human condition [Electronic Version]. Journal of Educational Thought, 41 no3 245-62.

Wingfield, N. (2008). Learning by cooing: Empathy lessons from little tykes. The Wall Street Journal, February 5. Retrieved September 19, 2008, from http://webreprints.djreprints.com/1886620110165.html


This page titled 10.5: How should teachers teach ethics? is shared under a CC BY-SA license and was authored, remixed, and/or curated by Jennfer Kidd, Jamie Kaufman, Peter Baker, Patrick O'Shea, Dwight Allen, & Old Dominion U students.

End of Chapter Summary

In this chapter, students embark on a comprehensive exploration of the critical intersection between ethics and law within the realm of education. Throughout the chapter, students are guided to develop strategies and practices aimed at fostering equity in the classroom, taking into account the diverse needs and backgrounds of their students. They gain a deep understanding of the legal rights and responsibilities that educators bear, including the crucial obligation to provide a safe and inclusive learning environment for all. 

End of Chapter Discussions/Exercises 


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