1. CHAPTER 8: Part I Collin College EDUC 1301 What Are the Ethical Issues Facing Teachers?

2.  Appreciation for moral deliberation  Empathy  Knowledge  Reasoning  Courage  Interpersonal skills Copyright by Houghton Mifflin Company. All rights reserved. 8 - 2

3. 1. Personal example - the way you do your work and treat your students demonstrates your ethical values. 2. Classroom climate - an environment of safety and trust lets students cooperate and learn. 3. Ethical dialogue - discussing core ethical values helps students clarify their own ethics. Copyright by Houghton Mifflin Company. All rights reserved. 8 - 3

4.  Kenneth Howe discusses how teachers must have the capacity for moral deliberation. Your group will consider an ethical scenario to help you enhance your ability for ethical deliberation. Your group will do the following with the assigned scenario: Define the problem List the relevant moral or legal imperatives Brainstorm a few solutions Determine the pros and cons of each proposed solution. Copyright by Houghton Mifflin Company. All rights reserved. 8 - 4

5.  Texas Administrative Code Title 19; Part 7; Chapter 247  Found Online at: SBEC’s Web-SiteSBEC’s Web-Site  Resolving Ethical Dilemmas  Ends-based thinking  Rule-based thinking  Care-based thinking  Ethical Scenarios Activity Copyright by Houghton Mifflin Company. All rights reserved. 8 - 5

6.  POVERTY SIMULATION March 8 6:00-10:00 SCC Living Legends Center  POSITIVE CLASSROOM PAPER March 22  PHILOSOPHY PAPER March 29 Copyright by Houghton Mifflin Company. All rights reserved. 8 - 6

7. CHAPTER 8: Part II What Are the Legal Issues Facing Teachers?

8. Just a sample of laws -  Texas Education Code  Texas Administrative Code  U.S Constitution (1 st, 4 th, 14 th Amendments)  United States Code (Various Chapters)  Family Educational Rights & Privacy Act of 1974 (FERPA)  No Child Left Behind Act of 2001  Elementary & Secondary Education Act of 1965 Copyright by Houghton Mifflin Company. All rights reserved. 8 - 8

9. ContractLegally binding agreement Grievance Formal expression of complaint about unsatisfactory working condition Continuing Contract Terms remain in force indefinitely, until notice of change Breach of Contract Violation of conditions of contract Copyright by Houghton Mifflin Company. All rights reserved. 8 - 9

10. Contracts must:  Have a lawful subject matter.  Represent a meeting of the minds of both parties.  Include an exchange of something of value.  Be entered into by parties who are competent to do so.  Be written in proper form.  Be ratified by the school board. Copyright by Houghton Mifflin Company. All rights reserved. 8 - 10

11.  Probationary Teachers Up to 3 years Non-renewal without cause Fire with cause  Term Contracts 1 or 2 year term Non-renewal or fire with cause  Continuing Contracts No longer offered in Texas Automatically renew Copyright by Houghton Mifflin Company. All rights reserved. 8 - 11

12.  Try to anticipate dangerous situations  Take precautions to avoid or reduce danger  Establish rules for dangerous situations  Warn students about possible dangers  Supervise students carefully  NEVER leave students unsupervised  Legal standard: “Reasonable and Prudent” Copyright by Houghton Mifflin Company. All rights reserved. 8 - 12

13.  Repeated injuries, such as bruises, welts, and burns  Neglected appearance  Sudden changes in academic performance  Disruptive behavior or passive, withdrawn behavior  “Supercritical,” socially isolated parents Copyright by Houghton Mifflin Company. All rights reserved. 8 - 13

14.  Student May not disrupt orderly atmosphere of school Limited legal rights as a child “En loco parentis”  Teachers May not disrupt orderly atmosphere of school May not affect ability to perform teacher duties Very limited on school property Copyright by Houghton Mifflin Company. All rights reserved. 8 - 14

15. Teachers may:  Make a single copy for class use of a: Chapter from a book Newspaper or magazine article Diagram, chart, picture, or cartoon from a book or magazine  Make a copy for each student of: Articles and short stories - fewer than 2500 words Poems - fewer than 250 words & printed on two pages or less Copyright by Houghton Mifflin Company. All rights reserved. 8 - 15

16. Flag Cannot require students to salute or stand for Bible Can study without promoting worship If intended to promote worship, may not be read in a public school, even without comment Prayer Cannot be a regular part of the school day or events Individuals may pray outside school hours Worship services School sponsored unconstitutional, even if voluntary Prayer groups can meet outside school hours Copyright by Houghton Mifflin Company. All rights reserved. 8 - 16

17.  Creationism vs. Evolution  Bible Classes  Religious Clubs in Schools  Can a church rent space in the school? Copyright by Houghton Mifflin Company. All rights reserved. 8 - 17

18.  To protect self or other students or staff  Use reasonable force  Keep a “level head” Copyright by Houghton Mifflin Company. All rights reserved. 8 - 18

19.  Legal in Texas  Against policy in many districts  Many liability issues  Avoid if possible Copyright by Houghton Mifflin Company. All rights reserved. 8 - 19

20.  In-school suspension - brief duration, usually for minor violations of rules  Out-of-school suspension - longer duration, for more serious violations  Expulsion - permanent separation from school, for major offenses Copyright by Houghton Mifflin Company. All rights reserved. 8 - 20

21. 1. Documentation - students must be notified, orally or in writing, of the nature of their offense and the intended punishment 2. Explanation - the school must give a clear explanation of the evidence 3. Opportunity to defend oneself - students must have the chance to refute charges before a fair and impartial decision maker Copyright by Houghton Mifflin Company. All rights reserved. 8 - 21

22. Substantive  The issue itself Is the issue of sufficient importance to deny a property interest Procedural  Is the process used in handling the case fair? Copyright by Houghton Mifflin Company. All rights reserved. 8 - 22

23.  Substantive Due Process Punishment must fit the crime Misbehavior must warrant the loss of rights  Procedural Due Process More process for more loss of rights  Right to be heard  Notice  Hearing  Confront Witnesses  Impartial Decision Maker Copyright by Houghton Mifflin Company. All rights reserved. 8 - 23

24.  The opportunity to be heard at a reasonable time and place  An effective opportunity to defend oneself  An opportunity to confront and cross-examine witnesses  The right to retain an attorney; an impartial decision maker  A decision resting solely on legal rules and evidence  A statement of the reasons and evidence for a decision Copyright by Houghton Mifflin Company. All rights reserved. 8 - 24

25. Reasonable Suspicion  Scope and conduct of search are logically related to circumstances that led to the search  Sufficient cause for some in-school searches, such as locker searches Probable Cause  Based on a substantial reason for believing the person posses something illegal  Required outside of school  Needed for invasive searches in school Copyright by Houghton Mifflin Company. All rights reserved. 8 - 25

26.  Family Educational Right to Privacy Act  Educational right-to-know  Education records limited to parent/student  Records kept of who sees or has access to records  What can’t a teacher do anymore? Copyright by Houghton Mifflin Company. All rights reserved. 8 - 26

27.  Your group will consider an legal scenario and you must follow the existing laws, as discussed in class. Your group will do the following with the assigned scenario: Identify the applicable law(s) Describe the teacher’s and/or student’s rights and/or responsibilities Describe a legal course of action for their classroom Identify ways the situation could be avoided in the future Answer any other probe questions included in the case Copyright by Houghton Mifflin Company. All rights reserved. 8 - 27