CHAPTER 8: Part I
What Are the Ethical
Issues Facing Teachers?
Collin College
EDUC 1301
 Appreciation
for moral deliberation
 Empathy
 Knowledge
 Reasoning
 Courage
 Interpersonal
skills
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82
1.
2.
3.
Personal example - the way you do your
work and treat your students demonstrates
your ethical values.
Classroom climate - an environment of
safety and trust lets students cooperate and
learn.
Ethical dialogue - discussing core ethical
values helps students clarify their own ethics.
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83
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.
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84

Texas Administrative Code
•



Title 19; Part 7; Chapter 247
Found Online at: SBEC’s Web-Site
Resolving Ethical Dilemmas

Ends-based thinking

Rule-based thinking

Care-based thinking
Ethical Scenarios Activity
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85
 POVERTY
SIMULATION
• March 8 6:00-10:00 SCC Living Legends Center
 POSITIVE
CLASSROOM PAPER
• March 22
 PHILOSOPHY
PAPER
• March 29
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86
CHAPTER 8: Part II
What Are the Legal
Issues Facing Teachers?
Just a sample of laws  Texas Education Code
 Texas Administrative Code
 U.S Constitution (1st, 4th, 14th 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
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88
Contract
Legally 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
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8-9
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.
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810
 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
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811
 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”
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812
 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
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813
 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
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814
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
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815
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 • School sponsored unconstitutional, even if voluntary
services • Prayer groups can meet outside school hours
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8 - 16
 Creationism
vs. Evolution
 Bible Classes
 Religious Clubs in Schools
 Can a church rent space in the school?
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817
 To
protect self or other students or staff
 Use reasonable force
 Keep a “level head”
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818
 Legal
in Texas
 Against policy in many districts
 Many liability issues
 Avoid if possible
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819
 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
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820
1.
2.
3.
Documentation - students must be
notified, orally or in writing, of the nature
of their offense and the intended
punishment
Explanation - the school must give a
clear explanation of the evidence
Opportunity to defend oneself students must have the chance to refute
charges before a fair and impartial
decision maker
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821
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?
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822
 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
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823
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

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824
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
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825
 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?
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826
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
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