Becoming a Teacher

Tenth Edition
Forrest W. Parkay

Chapter 7
Ethical and Legal Issues
in U.S. Education
Developed by:
Don Finn
Regent University

Copyright 2016, 2013, 2010 by Pearson Education, Inc. All Rights Reserved

Focus Questions
1. Why do you need to know about education and
the law?
2. Why do you need a professional code of ethics?
3. What are your legal rights as a teacher?
4. Do student teachers have the same rights as
teachers?
5. What are your legal responsibilities as a teacher?
6. What are the legal rights of students and
parents?
7. What are some issues in the legal rights of
school districts?
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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Why Do You Need to Know About

Education and The Law?
Without knowledge of legal dimensions
teachers will be ill-equipped to protect
their rights and rights of their students

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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Why Do You Need a Professional

Code of Ethics?
Code of Ethics
The educator accepts the responsibility
to adhere to the highest ethical
standards (NEA)
Ethical Teaching Attitudes and
Practices
Acting in a way that promotes the
learning and growth of students and
helps them realize their potential
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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Why Do You Need a Professional

Code of Ethics?
Ethical Dilemmas in the Classroom
and School
Characteristics of good ethical
decisions
Decision is supported by evidence
Goal of decision is what should be
aimed for
Decision can be implemented morally
Decision has been legitimately
achieved
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What Are Your Legal Rights as a

Teacher?
Due Process
step-by-step examination of the charges brought
against a teacher

Certification
Teachers who meet all of states requirements for
certification can not arbitrarily be denied a
certificate
Obtaining certificate does not mean it can not be
revoked
Reasons for revoking certificates must be job
related and demonstrably impair the teachers
ability to perform satisfactorily
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What Are Your Legal Rights as a

Teacher?
Teachers Rights to Nondiscrimination
Nondiscrimination Employment
protected by Title VII of Civil Rights Act of
1964
Employers may not discriminate against
an individual because of race, color,
religion, sex or national origin nor may
employees be separated by the above
criteria

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What Are Your Legal Rights as a

Teacher?
Teaching Contracts

a legal agreement between teacher and

a board of education
5 basic elements for validity
Offer and Acceptance
Competent Parties
Consideration
Legal Subject Matter
Proper Form
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What Are Your Legal Rights as a

Teacher?
Due Process in Tenure and Dismissal
Tenure policy that provides the teacher with job
security by preventing dismissal on insufficient
grounds and providing for due process in the event
of dismissal
Tenure usually granted after 2 5 years of
teaching
Tenure does not transfer from district to district

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What Are Your Legal Rights as a

Teacher?
Reasons for dismissal
Insubordination
Incompetence
Neglect of duty
Conduct unbecoming
Subversive activities
Decreased need for
services
Physical and mental
health
Age
Becoming a Teacher, 10e
Parkay

Causing or
encouraging disruption
Engaging in illegal
activities
Offensive Language
Personal Appearance
Sex-related activities
Political Activities
Use of Drugs
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What Are Your Legal Rights as a

Teacher?
Steps of Due Process
1. Teacher must be notified of charges
2. Adequate time must be given for rebuttal to charges
3. Teacher must be given access to names of witnesses and
evidence
4. Hearing before impartial tribunal
5. Teacher has right to legal counsel
6. Teacher can introduce evidence and cross examine
witnesses
7. School board decision must be based on evidence
8. Transcript must be maintained of the hearing
9. Teacher has right to appeal
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

All Rights Reserved

What Are Your Legal Rights as a

Teacher?
Teachers may join teacher organizations
without fear of dismissal
Collective Bargaining laws that require
school boards to negotiate contracts with
teacher organizations
Grievance formal complaint by a teacher
against an employer
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What Are Your Legal Rights as a

Teacher?
Academic Freedom
teachers right to use teaching methods and
materials to which school officials might object
(must be balanced against interest of society)
No longer a strong defense
Teacher must show that he/she:
Did not defy curriculum directives
Followed professional norms
Discussed matters of public concern
Acted professionally and in good faith
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What Are Your Legal Rights as a

Teacher?
Famous Cases
Scopes Monkey Trial - Most famous, teacher
taught evolution and was fired, cited academic
freedom, fined for violating Butler Act, later
reversed on technicality
Other cases involving instructional materials and
topics have ruled both for and against teachers
Schools and courts must establish curriculum
suitable for all and not in violation of the
constitution
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What Are Your Legal Rights as a

Teacher?
States Rights and Academic Freedom
Some teachers have been successful in citing
academic freedom others have not.
Teachers may be dismissed or suspended until
use of inappropriate material or method is
stopped.
States have a legitimate interest in what is
taught to impressionable children

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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Do Student Teachers Have the

Same Rights?
Currently, no state has provisions regarding the
dismissal, assignment or denial of right to
student teach.
Potential for liability exists for student teachers
(the same as other regular, full-time teachers).
Student teacher should be cautious before
assuming substitute teaching responsibilities

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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Do Student Teachers Have the

Same Rights?
Legal Advice for Student Teachers
Read the teacher handbook
Know safety rules and regulations
Be aware of hazards associated with activities
and act to protect children accordingly
Be aware of controls and requirements placed
on curriculum by district
Respect confidentiality and use student records
to improve teaching
Document problems

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Your Legal

Responsibilities as a Teacher?
Avoiding Tort Liability
Tort law deals with negligent behavior that results
in injury, intentional injuries, libel, slander, and
injuries from defects in land or buildings
Tort Liability an individual who is negligent and at
fault in exercise of duty, can be required to pay
monetary damages to injured party
Teachers (especially shop, physical education and
science teachers) are held to higher standards due to
increased chance of injury

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Your Legal

Responsibilities as a Teacher?
To be liable the following must be present:
A legal duty
Breach of that duty
Causal connection between conduct and resultant
injury
Actual loss or damage

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Your Legal

Responsibilities as a Teacher?
Most cases involving tort liability are the result of
negligence in one of the following forms:
Inadequate supervision
Inadequate instruction
Lack of improper medical treatment
Improper disclosure of information (especially
defamatory)

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Your Legal

Responsibilities as a Teacher?
Educational Malpractice schools are negligent if
pupil fails to achieve significantly
Reporting Child Abuse
Teachers are required by law to report
suspected child abuse.
Teachers should follow school process to
report child abuse
Teachers need to follow 4th amendment to
guard against unlawful search and seizures

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Your Legal

Responsibilities as a Teacher?
Observing Copyright Laws
Fair Use Doctrine copyrighted materials may
be used in reasonable manner without the
copyright holders consent as long as the use
does not reduce the demand for the work or
authors income
Digital Millennium Copyright Act (DMCA) it is
illegal to circumvent copy blocking measures
that control access to copyrighted works
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

All Rights Reserved

What are Your Legal

Responsibilities as a Teacher?
Doctrine of Fair Use applies to the following materials
Photocopies
Videotapes
Computer Software
Email and Internet
Publishing on the Internet
Teachers and students can be copyright protected
by including statement that materials may not be
duplicated without permission
Childrens last names and identifying information
should not be published
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Your Legal

Responsibilities as a Teacher?
Teachers and Online Social Networking
Facebook, Google+, Instagram, etc
Postings may be seen by the public and school
officials
Inappropriate postings and photos
Postings by others without knowledge or consent
Interactions with students
Policies and Legislation
no friending students district policies

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are the Legal Rights of

Students and Parents?
Freedom of Expression Teachers and students do
not have to give up freedom of expression when in
school
Censorship Student publications are
constitutionally protected and should be regulated if
posing threat of disruption, libelous, vulgarity or
obscenity
Schools may use prior censorship requiring
students to submit literature before publication

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are the Legal Rights of

Students and Parents?
Student Expression on Social Networking Sites
Laws/Policies are still evolving
Districts have no right to control student
expression off campus unless it can lead to a
disruption on campus

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are the Legal Rights of

Students and Parents?
Dress Codes Schools may have dress codes as long
as codes are clear and reasonable and students are
notified
Schools must balance First Amendments rights of
students and legitimate right of school authorities to
maintain a safe and disruption free environment

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are the Legal Rights of

Students and Parents?
Due Process in Suspension and Expulsion
Students have a legal right to education and that right
should only be removed through the application of
procedural due process
Reasonable Search and Seizure
4th Amendment citizens are protected from search
and seizure without a warrant
Court 2 prong test of Reasonableness
School official has reasonable suspicion student has
violated a law or school policy
Search must be conducted using methods that are
reasonable in scope
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are the Legal Rights of

Students and Parents?
Guideline for Searches for Educators
Inform students and parents at beginning of year
about the schools procedure for conducting searches
Base searches on reasonable suspicion
Conduct search with another staff member present
Avoid strip searches or mass searches of groups
Require that police obtain a search warrant before
conducting search of school

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are the Legal Rights of

Students and Parents?
Family Educational Rights Privacy Act (FERPA)
gave parents and students the right to examine their
school records
Known as Buckley Amendment
Schools must do the following
1. Inform parents and students of their rights
2. Provide information to parents and students about
types of educational records and how to obtain
access to them
3. Allow parents or student right to view records and
request changes or hearings and add their own
explanation
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

All Rights Reserved

What are the Legal Rights of

Students and Parents?
Family Educational Rights Privacy Act (FERPA)
gave parents and students the right to examine their
school records
1. Not give out personally identifiable information
without prior written consent of parents or student
2. Allow parents and student to see the schools
record of disclosures
Exceptions
Teachers grade books and personal records
Private notes of school law enforcement officials

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are the Legal Rights of

Students and Parents?
Peer grading and use of cameras in classrooms
do not fall under privacy protection
Students Rights to Nondiscrimination
Students who are pregnant, married, parents
or have a non-infectious disease may not be
discriminated against or required to attend
alternative classrooms

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Some Issues in the Legal

Rights of School Districts?
Corporal Punishment
Supreme Court has upheld constitutionally of corporal
punishment
Sexual Harassment
School districts can be liable if harassment was
foreseeable and preventable and they deliberately
failed to intervene
Cyberbullying
Through electronic means
Existing case law on free speech and sexual
harassment does not readily apply
Becoming a Teacher, 10e
Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Some Issues in the Legal

Rights of School Districts?
Religious Expression
Lemon Test
Determined that governmental practices must
do the following:
Have secular legislative purpose
Neither advance nor inhibit religion
Not foster excessive entanglement of
religion

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Some Issues in the Legal

Rights of School Districts?
Guidelines for religious activities in schools
Students may practice religion during noninstructional time
Teachers should not discriminate against students
who express their religious beliefs
Schools have to grant parental requests to excuse
students from class for religious reasons
Teachers can not encourage or participate with
students in religious activities but may participate
with other employees during lunch and free time

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

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What are Some Issues in the Legal

Rights of School Districts?
Home Schooling
Must demonstrate instruction is equivalent to that
offered in public schools
Standardized testing required
Required to submit lesson plans, time on curriculum
and attendance logs
May be ineligible if test scores fall below 40th
percentile

Becoming a Teacher, 10e

Parkay

Copyright 2016, 2013, 2010 by Pearson Education, Inc.

All Rights Reserved