Legal and Ethical

Issues
CHAPTER 4

Presented By:

Kathyrn Fredericks, Marcela Moreno, Bryan Ngo, Virginia Sandoval, Katie Staub

Governmental Authority

Schools have become a huge issue

with federal government
Schools are not a direct responsibility
of the Federal Government.
The federal government does have
unlimited power and can make
changes.
An example is NCLB-No Child Left
Behind of 2001
(P.L. 107-110)
George W. Bush administration
took charge of school system
Changed guidelines of reading
instruction, assessment
processing, parental
communication

Federal Authority

Amendments and Education

Amendment I (1791)
Congress shall make no law respecting
an establishment of religion or
prohibiting the free exercise thereof, or
abridging the freedom of speech or of the
press, or the right of the people peaceably
to assemble and to petition the
government for a redress of grievances.

Amendment IV (1791)
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not
be violated, and no warrants shall issue, but
upon probable cause, supported by oath or
affirmation, and particularly describing the
place to be searched, and the persons or
things to be seized.

Amendment X(1791)
The powers not delegated to the
United States by the
Constitution, nor prohibited by it
to the states, are reserved to the
states respectively, or to the
people.

Amendments and Education

Amendment XIV(1868)
Section 1.All persons born or
naturalized in the United States,
and subject to the jurisdiction
thereof, are citizens of the United
States and of the state wherein
they reside. No state shall make or
enforce any law which shall
abridge the privileges or
immunities of citizens of the
United States; nor shall any state
deprive any person of life, liberty,
or property, without due process
of law; nor deny to any person
within its jurisdiction the equal
protection of the laws.

10th Amendment put responsibility

within the state governments
Most states create similar rules for
their schools
Examples: Children are in school
for 180 days and Teachers must be
licensed with university degrees
and credentials, state curriculums,
and yearly assessment tests.

State Officials in charge are: State legislators,

the governor, state department of education,
and state boards of education.
State officials are mainly in charge of
school laws, school's policies, and
distributing funds
State Agencies
are in charge of school records, give out
tests, and provide goal for students

State
Authority

 Local elected officials are:

the mayor, county
executive, city councils,
township supervisors, and
local judges.
locals officials put laws
into effect that govern
both private and public
schools
Local official's decision
affect how schools are run

Local Authority

School Authority

School officials are: School district officials, school district superintendent, and
school board council
Superintendent is in charge of operations of schools, school employment, and
taking care of school issues and responsibilities
National and State government decisions have huge impact on local level-impacts
views of whole community
school leaders are principal, vice principal, and teachers.

Laws and Decisions That Affect Schools

Equity

Fourteenth Amendment: no state

shall...deny to any person within its
jurisdiction the equal protection of
the laws.
Plessy v. Ferguson (1896):
Separate facilities did not violate
the fourteenth amendment so long
as the facilities were equal.
Brown v. Board of Education:
linda brown sued the board of
education of topeka, kansas.
Separate but equal.
Civil rights act of 1964.

English as a Second Language

The 1974 supreme

court decision in
Lau v. Nichols.
Transitional
bilingual education
Instruction in their
first language
creates controversy.
Language barriers.

New Arrivals
Fourteenth Amendment
Children of illegal
immigrants
Tax money to educate
children
District court of Southern
Texas
Plyer v. Doe (1982)
California approved
Proposition 187

Religious Freedom
Role of religion of school
controversy
Religious preference
Separation of school and state
mandated in the constitution
Public schools and religion
Religious purpose is
unconstitutional
School district of Santa Fe v.
Doe (2000)
New York School District guilty
of discrimination
No Child Left Behind

special needs students

14th Amendment
Public L. 94-142 most powerful
law
Education of All Handicapped
Children act--IDEA(Individuals
with disabilities act)
Americans with Disabilities Act,
or ADA (1990)
Loss of federal and state funds
Individual Education Plans (IEPs)

zero tolerance
Gun-free Schools Act of
1994
Zero tolerance policy
applied to younger and
younger students
Critics feel zero tolerance
policies are too harsh
Legal questions

Teachers have the right to privacy

implied in the Fourteenth
Amendment.
Teachers are almost never protected
if the behavior involves a student
Court rulings must balance the
rights of the teacher against the
interest of the schools

Teachers

Academic Freedom and

the Freedom of Speech
Child Abuse
Unions and Negotiations

Academic Freedom and Freedom of Speech

Tinker v. Des Moines

Two high school students,
Mary Beth and John Tinker,
were suspended for wearing
armbands in protest of the
war in Vietnam.
Sued saying it violated their
First Amendment rights
Supreme Court ruled in their
favor stating Students do
not shed their constitutional
rights to freedom of speech
or expression at the
schoolhouse gate."

Academic Freedom
and Freedom of Speech

Teachers are representatives of the

school district and the government
Teachers classroom expression is
governed by Hazelwood School
District v. Kuhlmeier
Allows school administrators to
censor school-sponsored
expression or resist teachers
classroom expression based on
legitimate educational concerns.

Teachers cannot treat school classrooms as public

forums for their personal opinions
Teachers rights to teach what they wantacademic freedom- is measured against public
values.
Local schools boards have the right to prohibit the
use of certain texts
Teachers cannot refuse to use required texts or to
present the established curriculum
Cary v. Board of Education, courts believe that a
procedure should be in place to review and
determine the appropriateness of materials

Child Abuse

Teachers are often the first

responsible individual to
realize the children are
harmed or neglected by other
adults
The National Child Abuse
Prevention and Treatment Act
requires teachers to report
any known or suspected case
Teachers who fail to report
are legally liable
https://www.childwelfare.
gov/pubs/usermanuals/educato
r/

Unions and Negotiations

National Education Association

and American Federation of
Teachers help teachers
negotiate employment contracts
with school boards.
Unions in California are

California Teachers Association

California Federation of
Teachers

Union representatives engage in

collective bargaining and
negotiates with the school
board to set salaries and
establish certain working
conditions
If negotiation are unsuccessful
and teachers are not happy,
they may strike in state where
it is legal to do so
https://www.youtube.com/watch?
v=fwEhWl97BfA

Students Right and

Responsibilities

-Just as teachers are

guaranteed rights by
law, students also have
certain rights and
responsibilities
-Children must receive
an education.

 When children are in school,

parents delegate the
supervision and safety of those
children to the teachers.
Doctrine In Loco Parentis,
which means in place of
parents.
This provides the state to
exercise custodial control over
students while at school.
Schools must protect the
students from danger.
Schools are held liable for
anything that can harm a child
while at school.

In Loco Parentis
and Family rights

 students rights are

guarded by the 4th
amendment.
students rights must
be balanced
some searching methods
include..
-metal detectors
-xray machines
-drug testing

Searches and Seizures

Searches and
seizures

Search and seizures

have increased in
recent years.
law protects students
against unreasonable
searches .
lockers viewed as
school property.

Freedom of Expression

Students do not
lose their freedom
of speech in the
classroom.
They are subject to
some limitations
for educational
reasons.
School dress
codes.
Internet screening.

Ethical Issues for

Teachers

-Ethics vs. Rights &

Responsibilities
-Ethics
-What we ought to do
-Rights
-What we have to do
-Ethical Responsibilities
-Decision-making
-Fairness & Honesty
-Educational
Opportunities

Ethics and Politics

School Administration
Contractual Obligations
Students
Trust, confidence
Parents
Confidentiality
Ambiguity
Instincts, training,
education, etc.

Code of Ethics
1. Commitment to the Students
a. Responsibility
i. Character First
ii. Effective Members of
Society
iii. Inquiry, Knowledge, &
Goals

2. Commitment to the Profession

a. Pride
i. Paying it Forward
b. Standards
i. Raising the Bar
c. Promoting Education
i. Changing the world
ii. Changing yourself

*Code of Ethics as implemented by the 1975 Representative

Assembly of the National Education Association (NEA)