Ethical Implications In The Classroom: Case Study
Running Head: IMPLICATIONS IN CLASSROOM
Legal and Ethical Implications in the Classroom
NAME
Grand Canyon University
EDU 450, Classroom Engagement and Management
October 24, 2010
Legal and Ethical Implications in the Classroom More than ever there is an existence of many outside detriments to influence student behavior. In addition to bullying, there is now cyber bullying, hazing, sexual and inappropriate texting, and increased school violence. Educators now have to do more than consider their students learning ability and social economical background when evaluating student performance and classroom management. Now they must deal with the daily influences that sometimes make their way into the classroom environment. …show more content…
How educators deal with these challenges takes an added awareness of the legal and ethical implication that may apply to them and their students. Many of these legal and ethical considerations are based heavily on the Tenth, First and Fourteenth Amendments, mainly addressing student fairness, student safety, and student freedom of expression.
When looking at the big picture of educational law it seems to fall under three categories: Federal, State, or local government. Most of these laws are in compliance with the U.S. Constitution, but according to Bain (2009) the interpretation of these laws and how they are governed resides mostly with the individual states (p. 1). The court’s interpretation of the Tenth Amendment grants the power to the individual states and the majority of these states have delegated this authority to local government (Balin, 2009, p. 1). The First Amendment deals mainly with the freedom of speech and the separation of church and state (Balin, 2008, p. 1). According to Vandenberg (2008), early in America’s history the nation clearly began to favor a more liberal and child-centered approach in education (p. 60). Soon schools became center stage for debates on First Amendment issues. The concept of separation of church and state is a belief that there should be a wall of separation between the government and each person’s own private religious belief (Vandenberg, 2008, p. 59). Cases such as West Virginia State Board of Education v. Barnette (1943) brought these issues to the fore front. In this case a small group of Jehovah’s Witnesses felt it was violations of their First Amendment right to have their children salute the American flag in school (Vandenberg, 2008, p. 59). They stated that it violated their freedom of religion by encouraging their children to “worship a graven image” (Vandenberg, 2008, p. 59). The Supreme Court ruled in their favor. This case revolved around the First Amendment’s guarantee of religious freedom and this concept. The First Amendment states that Congress shall make no law “respecting an establishment of religion” (Vandenberg, 2008, p. 60). With the diversity of our nation and the guarantee of religious freedom and speech from the First Amendment, educators now have to be aware that certain biblical references to morality in schools would mean teaching religion. This has led to a moral dilemma in our classroom, but the Department of Education has now answered this concern with the teaching of character education. The U.S. Department of Education defines character education as a learning process that “enables students and adults in a school community to understand, care about and acts on core ethical values such as respect, justice, civic virtue and citizenship, and responsibility for self and others”(Character Education, para. 5).
When reviewing the Fourteenth Amendment, there are major guidelines that affect federal laws and policies protecting students and ensuring equal opportunity in education. This is mainly seen in special education legislature. As noted by the Department of Education (2005), the EHA of 1975, also known as the Bill of Rights for Handicapped Children, served to guarantee and expand the rights of children with disabilities. This act regulates how teachers must interact with students with disabilities and is responsible for the introduction of the Individualized Education Program (IEP) (Department of Education, 2005). In 1990 the EHA was renamed the Individuals with Disabilities Education Act (IDEA). Landmark court decisions such as Pennsylvania Association for Retarded Citizens v. Commonwealth (1971) and Mills v. Board of Education of the District of Columbia (1972) advanced educational opportunities for children with Disabilities (Department of Education, 2005, p. 2). Both cases established the responsibility of states and local government to “educate children with disabilities under the equal protection clause” under 14th Amendment to the United States Constitution (Department of Education, 2005, p. 2). In addition to regulating how educators must interact with student with disabilities, the Fourteenth Amendment also supports child abuse legislation. In every state, teachers are required by law to report suspected child abuse (Bain, 2009, p. 2). The National Committee for the Prevention of Child Abuse defines abuse as “a nonaccidental injury or pattern of injuries to a child for which there is no reasonable explanation” (Bain, 2009, p. 2).
The National Child Abuse Prevention and Treatment Act (1974) define child abuse and neglect as: “Physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen or the age specified by the child protection law of the state in question, by a person who is responsible for the child’s welfare, under circumstances which indicate that he child’s health or welfare is harmed or threatened thereby” (Bain, 2009 p. 2). States do not require certainty when reporting abuse, so if a teacher suspects it they can be held liable for not reporting it (Bain, 2009, p. 2). Failure to report child abuse in most states results in a misdemeanor and a penalty ranging from a year in jail and/or a fine up to $1,000 (Bain, 2009, p. 2). Teachers are also legally required under the Fourteenth Amendment to provide a safe school environment. Educators can be held liable if injuries occur due to being negligent in demonstrating proper handling and care of tools and material to their students (Bain, 2009, p. 2). In the information age, there is also careful consideration needed in regards to student privacy.
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records (para. 1). The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (FERPA, 2010, para. 1). Under FERPA parents have the right to inspect and review their child’s education records kept by the school (FERPA, 2010, para. 3). Parents or eligible students also have the right to request that the school correct records which they believe to be inaccurate or misleading (FERPA, para. 4). FERPA also requires that schools have written permission from the parent or eligible student in order to release any information from a student 's education record, with the exception of certain following parties and specific conditions listed by …show more content…
FERPA:
“School officials with legitimate educational interest; other schools to which a student is transferring; specified officials for audit or evaluation purposes; appropriate parties in connection with financial aid to a student; organizations conducting certain studies for or on behalf of the school; accrediting organizations; to comply with a judicial order or lawfully issued subpoena; appropriate officials in cases of health and safety emergencies; and state and local authorities, within a juvenile justice system, pursuant to specific State law”(FERPA, 2010, para. 5). When considering the legal and ethical implications in a classroom there is much to consider.
The majority of these policies are to protect the student. They lend additional responsibility and discernment to the teacher. For most educators, Kopkowski (2010) states that the National Education Association (NEA) can help in locating unions to help assist teachers in knowing their own legal rights (para. 2). Many unions have eexperienced legal advocates that help in employment-related matters (NEA, 2010, para. 7). They assist in legal matters that may arises and provide liability insurance as a member of the Association (NEA, 2010, para. 7). However, the most important function is that they let educators know that they do have rights. Their local office can assist teachers in knowing exactly what those are, hopefully avoiding the many legal and ethical minefields in the education
system.
References
Bain, C. (2009) Untangling legal issues that affect teacher and student teachers, Art of Education, 62(5), 47-53. Retrieved October 23, 2010 from http://library.gcu.edu: 2048/login ?url=http://vnweb.hwwilsonweb.com.library.gcu.edu:2048/hww/jumpstart.jht ml?recid=0bc05f7a67b1790e05ffc7b82686c1ca7acd468603eceb391e8423682e01e4a814 d6449cbeeeba77&fmt=H
Department of Education (2005). Family Educational Rights and Privacy Act (FERPA). Retrieved October 23, 2010 from http://www2.ed.gov/policy/gen/guid /fp co / ferpa/index.html
Department of Education (2010) Character Education. Retrieved October 23, 2010 from http://www2.ed.gov/admins/lead/character/brochure.html
Department of Education (2005). History of the IDEA. Retrieved October 23, 2010 from http://www2.ed.gov/policy/speced/leg/idea/history.pdf
Kopkowski, C . (2010). Union 101. National Education Association. Retrieved October 23, 2010 from http://www.nea.org/home/18469.htm
Vandenberg, D. (2008). Education, religion, and a sustainable planet. Educational Studies, 43(1), 58-72. doi:10.1080/00131940701795238. Retrieved October 23, 2010 from Academic Search Premier database.
Legal and Ethical Implications in the Classroom
NAME
Grand Canyon University
EDU 450, Classroom Engagement and Management
October 24, 2010
Legal and Ethical Implications in the Classroom More than ever there is an existence of many outside detriments to influence student behavior. In addition to bullying, there is now cyber bullying, hazing, sexual and inappropriate texting, and increased school violence. Educators now have to do more than consider their students learning ability and social economical background when evaluating student performance and classroom management. Now they must deal with the daily influences that sometimes make their way into the classroom environment. …show more content…
How educators deal with these challenges takes an added awareness of the legal and ethical implication that may apply to them and their students. Many of these legal and ethical considerations are based heavily on the Tenth, First and Fourteenth Amendments, mainly addressing student fairness, student safety, and student freedom of expression.
When looking at the big picture of educational law it seems to fall under three categories: Federal, State, or local government. Most of these laws are in compliance with the U.S. Constitution, but according to Bain (2009) the interpretation of these laws and how they are governed resides mostly with the individual states (p. 1). The court’s interpretation of the Tenth Amendment grants the power to the individual states and the majority of these states have delegated this authority to local government (Balin, 2009, p. 1). The First Amendment deals mainly with the freedom of speech and the separation of church and state (Balin, 2008, p. 1). According to Vandenberg (2008), early in America’s history the nation clearly began to favor a more liberal and child-centered approach in education (p. 60). Soon schools became center stage for debates on First Amendment issues. The concept of separation of church and state is a belief that there should be a wall of separation between the government and each person’s own private religious belief (Vandenberg, 2008, p. 59). Cases such as West Virginia State Board of Education v. Barnette (1943) brought these issues to the fore front. In this case a small group of Jehovah’s Witnesses felt it was violations of their First Amendment right to have their children salute the American flag in school (Vandenberg, 2008, p. 59). They stated that it violated their freedom of religion by encouraging their children to “worship a graven image” (Vandenberg, 2008, p. 59). The Supreme Court ruled in their favor. This case revolved around the First Amendment’s guarantee of religious freedom and this concept. The First Amendment states that Congress shall make no law “respecting an establishment of religion” (Vandenberg, 2008, p. 60). With the diversity of our nation and the guarantee of religious freedom and speech from the First Amendment, educators now have to be aware that certain biblical references to morality in schools would mean teaching religion. This has led to a moral dilemma in our classroom, but the Department of Education has now answered this concern with the teaching of character education. The U.S. Department of Education defines character education as a learning process that “enables students and adults in a school community to understand, care about and acts on core ethical values such as respect, justice, civic virtue and citizenship, and responsibility for self and others”(Character Education, para. 5).
When reviewing the Fourteenth Amendment, there are major guidelines that affect federal laws and policies protecting students and ensuring equal opportunity in education. This is mainly seen in special education legislature. As noted by the Department of Education (2005), the EHA of 1975, also known as the Bill of Rights for Handicapped Children, served to guarantee and expand the rights of children with disabilities. This act regulates how teachers must interact with students with disabilities and is responsible for the introduction of the Individualized Education Program (IEP) (Department of Education, 2005). In 1990 the EHA was renamed the Individuals with Disabilities Education Act (IDEA). Landmark court decisions such as Pennsylvania Association for Retarded Citizens v. Commonwealth (1971) and Mills v. Board of Education of the District of Columbia (1972) advanced educational opportunities for children with Disabilities (Department of Education, 2005, p. 2). Both cases established the responsibility of states and local government to “educate children with disabilities under the equal protection clause” under 14th Amendment to the United States Constitution (Department of Education, 2005, p. 2). In addition to regulating how educators must interact with student with disabilities, the Fourteenth Amendment also supports child abuse legislation. In every state, teachers are required by law to report suspected child abuse (Bain, 2009, p. 2). The National Committee for the Prevention of Child Abuse defines abuse as “a nonaccidental injury or pattern of injuries to a child for which there is no reasonable explanation” (Bain, 2009, p. 2).
The National Child Abuse Prevention and Treatment Act (1974) define child abuse and neglect as: “Physical or mental injury, sexual abuse or exploitation, negligent treatment, or maltreatment of a child under the age of eighteen or the age specified by the child protection law of the state in question, by a person who is responsible for the child’s welfare, under circumstances which indicate that he child’s health or welfare is harmed or threatened thereby” (Bain, 2009 p. 2). States do not require certainty when reporting abuse, so if a teacher suspects it they can be held liable for not reporting it (Bain, 2009, p. 2). Failure to report child abuse in most states results in a misdemeanor and a penalty ranging from a year in jail and/or a fine up to $1,000 (Bain, 2009, p. 2). Teachers are also legally required under the Fourteenth Amendment to provide a safe school environment. Educators can be held liable if injuries occur due to being negligent in demonstrating proper handling and care of tools and material to their students (Bain, 2009, p. 2). In the information age, there is also careful consideration needed in regards to student privacy.
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records (para. 1). The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (FERPA, 2010, para. 1). Under FERPA parents have the right to inspect and review their child’s education records kept by the school (FERPA, 2010, para. 3). Parents or eligible students also have the right to request that the school correct records which they believe to be inaccurate or misleading (FERPA, para. 4). FERPA also requires that schools have written permission from the parent or eligible student in order to release any information from a student 's education record, with the exception of certain following parties and specific conditions listed by …show more content…
FERPA:
“School officials with legitimate educational interest; other schools to which a student is transferring; specified officials for audit or evaluation purposes; appropriate parties in connection with financial aid to a student; organizations conducting certain studies for or on behalf of the school; accrediting organizations; to comply with a judicial order or lawfully issued subpoena; appropriate officials in cases of health and safety emergencies; and state and local authorities, within a juvenile justice system, pursuant to specific State law”(FERPA, 2010, para. 5). When considering the legal and ethical implications in a classroom there is much to consider.
The majority of these policies are to protect the student. They lend additional responsibility and discernment to the teacher. For most educators, Kopkowski (2010) states that the National Education Association (NEA) can help in locating unions to help assist teachers in knowing their own legal rights (para. 2). Many unions have eexperienced legal advocates that help in employment-related matters (NEA, 2010, para. 7). They assist in legal matters that may arises and provide liability insurance as a member of the Association (NEA, 2010, para. 7). However, the most important function is that they let educators know that they do have rights. Their local office can assist teachers in knowing exactly what those are, hopefully avoiding the many legal and ethical minefields in the education
system.
References
Bain, C. (2009) Untangling legal issues that affect teacher and student teachers, Art of Education, 62(5), 47-53. Retrieved October 23, 2010 from http://library.gcu.edu: 2048/login ?url=http://vnweb.hwwilsonweb.com.library.gcu.edu:2048/hww/jumpstart.jht ml?recid=0bc05f7a67b1790e05ffc7b82686c1ca7acd468603eceb391e8423682e01e4a814 d6449cbeeeba77&fmt=H
Department of Education (2005). Family Educational Rights and Privacy Act (FERPA). Retrieved October 23, 2010 from http://www2.ed.gov/policy/gen/guid /fp co / ferpa/index.html
Department of Education (2010) Character Education. Retrieved October 23, 2010 from http://www2.ed.gov/admins/lead/character/brochure.html
Department of Education (2005). History of the IDEA. Retrieved October 23, 2010 from http://www2.ed.gov/policy/speced/leg/idea/history.pdf
Kopkowski, C . (2010). Union 101. National Education Association. Retrieved October 23, 2010 from http://www.nea.org/home/18469.htm
Vandenberg, D. (2008). Education, religion, and a sustainable planet. Educational Studies, 43(1), 58-72. doi:10.1080/00131940701795238. Retrieved October 23, 2010 from Academic Search Premier database.