1. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.0 SCHOOL LAW AND ETHICS Teachers, Schools, and Society A Brief Introduction to Education David Miller Sadker Karen R. Zittleman Chapter 8

2. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.1 ACADEMIC CONTROVERSY PURPOSE: Teaches students how to deal with intellectual conflict by structuring debate within the curriculum STEPS: 1.Decide on subject area or theme Research topic (pro and con) 2.Presentation pairs prepare argument or position 3.Advocate “pro” position Advocate “con” position 4.Perspective taking (switching positions) Prepare reverse positions Advocate the “other” side 5.Drop advocacy Synthesize an action plan (using consensus)

3. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.2 STANDARDS TO DETERMINE NEGLIGENCE 1.Whether a reasonable person with similar training would act in the same way 2.Whether or not the teacher could have foreseen the possibility of injury

4. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.3 TEACHER LIABILITY Misfeasance Nonfeasance Malfeasance Educational Malpractice Student Generated Definitions

5. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.4 CRITERIA FOR FAIR USE OF COPYRIGHTED MATERIALS Brevitynot overly long, meaning –250 words or less of poems –articles, stories, or essays less than –2,500 words –1,000 words or 10 percent of prose (whichever is less) –one illustration from the same book or journal Spontaneitythere is insufficient time to obtain written permission Cumulative Effectlimiting the number of reproduced published works that may be used in a course to –nine instances per class, per semester –only one complete piece or two excerpts from the same author –only three pieces from the same book or magazine

6. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.5 TEACHERS’ BILL OF RIGHTS HIRING AND PAY Free of discrimination DUE PROCESS Must be implemented before termination ACADEMIC FREEDOM Non-obscene and appropriate materials may be used FREEDOM OF SPEECH Practiced as long as it is neither intentionally inaccurate, malicious, or disruptive nor discloses personal information FREEDOM OF ASSOCIATION Teachers cannot be prohibited from joining organizations PERSONAL LIFESTYLE May be of concern if private behavior disrupts the educational process

7. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.6 A TEACHER’S RIGHT TO STRIKE Source: National Education Association, Collective Bargaining Laws for Public Sector Education Employees (Washington, DC: NEA, October 2001). Strikes are legal for K-12 educators in: –Alaska –California –Colorado –Hawaii –Illinois –Louisiana –Minnesota –Montana –North Dakota –Oregon –Pennsylvania –Wisconsin (in limited cases)

8. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.7 WHO HARASSES WHOM? Source: Harris Interactive, Bullying, Teasing and Sexual Harassment in School. Commissioned by AAUW Educational Foundation (Washington, DC: American Association of University Women, 2001), p. 14.

9. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.8 PERSONAL EXPERIENCES WITH HARASSMENT: BOYS Source: Harris Interactive, Hostile Hallways: Bullying, Teasing and Sexual Harassment in School, (Washington, DC: American Association of University Women, 2001), p. 22. 2001(N=970)1993 (N=828) 18% 4% 19% 14% 7% 34% 18% 2% 9% 15% 7% 12% 31% 15% Made sexual comments, jokes, gestures, or looks Wrote sexual messages/graffiti about you on bathroom walls, locker rooms, etc. Spread sexual rumors about you Said you were gay or lesbian Spied on you as you dressed or showered at school Flashed or “mooned” you Showed, gave, or left you sexual pictures, photographs, illustrations, messages, or notes Has Anyone Done This to You Often or Occasionally – Boys?

10. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.9 PERSONAL EXPERIENCES WITH HARASSMENT: BOYS (continued) Source: Harris Interactive, Hostile Hallways: Bullying, Teasing and Sexual Harassment in School, (Washington, DC: American Association of University Women, 2001), p. 22. 2001(N=970)1993 (N=828) Has Anyone Done This to You Often or Occasionally – Boys? Touched, grabbed, or pinched you in a sexual way Intentionally brushed up against you in a sexual way Pulled at your clothing in a sexual way Pulled off or down your clothing Blocked your way or cornered you in a sexual way Forced you to kiss him/her Forced you to do something sexual other than kissing 6% 14% 20% 5% 7% 6% 12% 15% 17% 9% 7% 5%

11. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.10 PERSONAL EXPERIENCES WITH HARASSMENT: GIRLS Source: Harris Interactive, Hostile Hallways: Bullying, Teasing and Sexual Harassment in School, (Washington, DC: American Association of University Women, 2001), p. 23. 2001(N=970)1993 (N=828) Has Anyone Done This to You Often or Occasionally – Girls? 22% 3% 13% 21% 10% 48% 21% 3% 5% 21% 10% 15% 53% 10% Made sexual comments, jokes, gestures, or looks Wrote sexual messages/graffiti about you on bathroom walls, locker rooms, etc. Spread sexual rumors about you Said you were gay or lesbian Spied on you as you dressed or showered at school Flashed or “mooned” you Showed, gave, or left you sexual pictures, photographs, illustrations, messages, or notes

12. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.11 PERSONAL EXPERIENCES WITH HARASSMENT: GIRLS (continued) Source: Harris Interactive, Hostile Hallways: Bullying, Teasing and Sexual Harassment in School, (Washington, DC: American Association of University Women, 2001), p. 23. 2001(N=970)1993 (N=828) Touched, grabbed, or pinched you in a sexual way Intentionally brushed up against you in a sexual way Pulled at your clothing in a sexual way Pulled off or down your clothing Blocked your way or cornered you in a sexual way Forced you to kiss him/her Forced you to do something sexual other than kissing 4% 16% 28% 29% 8% 17% 6% 19% 31% 40% 15% 7% 3% 5% Has Anyone Done This to You Often or Occasionally – Girls?

13. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.12 SENSIBLE SUGGESTIONS TO AVOID GROUNDLESS LAWSUITS Keep your meetings with students public Separate your personal and professional life Avoid offensive or off-color comments Avoid physical force Seek medical assistance for student injuries Avoid touching students If charged, avoid contact with the accuser and document the case Act when required by law

14. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.13 STUDENTS’ BILL OF RIGHTS FREEDOM OF SPEECH May be practiced if nondisruptive FREEDOM OF PRESS May be practiced if nondisruptive, non-obscene, and does not cause psychological damage INTERNET ACCESS May be restricted if vulgar, age-inappropriate or unsuitable DUE PROCESS (DISCIPLINE) Guaranteed before suspension NON- DISCRIMINATION No prohibition from educational activities or benefits based on race, sex, national origin, or disability RECORDSParents and guardians have right to review student records FREEDOM OF RELIGION No forced participation in prayer, religious observance, or moments of silence

15. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.14 CHILD ABUSE: WARNING SIGNS BURNS, BLACK EYES, BRUISES DIFFICULTY SITTING FREQUENTLY ABSENT OR TARDY REFUSAL TO WEAR SHORT SLEEVES, GYM CLOTHES UNUSUALLY AGGRESSIVE OR WITHDRAWN NOT SHOWING EMOTION COMPLAINTS ABOUT ABUSIVE TREATMENT OVERLY EAGER TO PLEASE DECLINE IN ACHIEVEMENT

16. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.15 SEXUAL ABUSE: WARNING SIGNS ITCHING OR ODOR IN GENITAL AREA STAINED OR TORN UNDERWEAR OVERLY SOPHISTICATED IN DRESS OR SEXUAL KNOWLEDGE CREATES SEXUAL STORIES OR DRAWINGS DIFFICULTY SITTING OR WALKING TALKS ABOUT SEXUAL INVOLVEMENT WITH ADULT TRIES TO RUN AWAY FROM HOME SIGNS OF SEXUALLY TRANSMITTED DISEASES OR PREGNANCY

17. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.16 THE DISHONOR ROLE Source: “Rutgers Study Finds Extensive Cheating,” Baltimore Sun, 29 April 2001, p. 15B.

18. Sadker/Zittleman, Teachers, Schools, and Society: A Brief Introduction to Education. © 2007 by The McGraw-Hill Companies. All rights reserved. 8.17 APPROACHES TO MORAL EDUCATION ProCon Student Generated Responses Values Clarification Character Education Moral Stages of Development Comprehensive Values Education