1. Teaching Today: An Introduction to Education 7 th edition Part 4: Shapers of Today’s Educational World Chapter 14: Legal Issues Affecting Learners and Teachers Armstrong, Henson, & Savage Teaching Today, 7 th Edition Copyright ©2005 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 14-1

2. Do learners have too many rights? Should schooling be defined as a privilege so that professional educators can more aggressively respond to problems without being so concerned about their legal rights? How do you respond to the contention that poor discipline is related to the erosion of the authority of teachers and administrators? Armstrong, Henson, & Savage Teaching Today, 7 th Edition Copyright ©2005 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 14-3

3. Is school a privilege or right? In loco parentis—the school and the teacher act “in the place of the parent.” Literacy and education are critical to an individual’s economic well-being. Tinker v. Des Moines Independent School District (1969) Education is a property right. Neither students nor teachers leave their constitutional rights at the school door. Armstrong, Henson, & Savage Teaching Today, 7 th Edition Copyright ©2005 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 14-4

4. The Fourteenth Amendment— Principles of Due Process Individuals are not to be disciplined on the basis of unwritten rules or laws. Rules and laws are not to be vague. Individuals are entitled to a hearing before an impartial body. The identity of witnesses must be revealed. Decisions must be supported by substantial evidence. Armstrong, Henson, & Savage Teaching Today, 7 th Edition Copyright ©2005 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 14-5

5. Basic Rights Freedom of Expression Freedom of Conscience Freedom from Unreasonable Search Freedom from Harassment Right to Privacy Special Rights for Learners with Disabilities Armstrong, Henson, & Savage Teaching Today, 7 th Edition Copyright ©2005 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 14-6

6. Cheating Teachers Do you think teacher cheating is a widespread problem? Why or why not? What would you, as a new teacher, do if you were directed by an administrator to cheat in order to help students obtain higher scores? Armstrong, Henson, & Savage Teaching Today, 7 th Edition Copyright ©2005 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 14-7

7. Cheating Teachers (cont.) What are some other indicators that might be used to hold schools accountable for student achievement? LINK: How is the emphasis on high stakes testing influencing education? Is it a positive influence? Armstrong, Henson, & Savage Teaching Today, 7 th Edition Copyright ©2005 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 14-8

8. Teacher Rights and Responsibilities Teacher Certification Continuing Employment and Tenure General Teacher Rights: Academic Freedom Freedom of Religion Lifestyle and Conduct Outside School Armstrong, Henson, & Savage Teaching Today, 7 th Edition Copyright ©2005 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 14-9

9. Legal Obligations Reporting Child Abuse Negligence Misfeasance Nonfeasance Malfeasance Armstrong, Henson, & Savage Teaching Today, 7 th Edition Copyright ©2005 by Pearson Education, Inc. Upper Saddle River, New Jersey 07458 All rights reserved. 14-10