Chapter Summary

	Teachers, Schools, and Society by Sadker & Sadker
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Chapter 11: School Law and Ethics

Chapter Summary

As a teacher, it is important to be aware of your own legal rights and responsibilities, as well as those of your students.
When applying for a teaching position in your local county, you should be aware of your rights. Under Title IX of the Education Amendments and Title VII of the Civil Rights Act, you do not have to answer questions an interviewer may ask that are unrelated to job requirements, and you are protected from words and behaviors that can be considered sexual harassment.
The general standard, resulting from court decisions, is that if a teacher's behavior or personal life does not disrupt or interfere with teaching effectiveness, he or she cannot be suspended or fired because of it.
Generally, the courts hold that the teacher's right to academic freedom is not absolute, and each case depends on its own unique facts.
When determining whether a teacher has been negligent in a situation, the courts judge whether a reasonable person with similar training would act in the same way and whether the teacher could have foreseen the possibility of injury. A teacher may be liable for misfeasance, nonfeasance, or malfeasance.
As stated by the Supreme Court in Pickering v. Board of Education, teachers are protected under the First Amendment to exercise freedom of speech and to publicly express themselves, unless their statements are malicious, are intentionally inaccurate, disclose confidential material, or hamper teaching performance.
Teachers must be sure to comply with Public Law 94-553 when distributing copies of other people's works in the classroom, observing the three criteria of brevity, spontaneity, and cumulative effect.
Under the Buckley amendment (the Family Rights and Privacy Act), parents and guardians have the right to see their child's educational records. On reaching 18 years of age, the student is allowed to see the record, and he or she becomes responsible for providing permission for others to see it.
Under Title IX, students may not be discriminated against based on gender for awards, scholarships, or financial aid.
Students have constitutionally protected rights to due process before they can be disciplined or suspended from school. Although corporal punishment is rarely used, courts have upheld the school's authority to administer it as long as it is reasonable and not excessive.
In Tinker v. Des Moines Independent Community School District, students were successful in protecting their First Amendment right to freedom of speech. As long as students do not disrupt the operation of school or deny other students the opportunity to learn, they have the right to freedom of speech within the schools.
Schools must be neutral with regard to religion. Thus, school prayer is not permitted under the doctrine of separation of church and state.
Students, like teachers, have the right to freedom of the press. However, student publications can be censored if they are an integral part of the school curriculum, such as part of a course, or if they are obscene, psychologically damaging, or disruptive.
Teachers today are potential targets of litigation. Sexual harassment and child abuse charges can short-circuit the careers of even innocent teachers. Taking appropriate precautions to avoid even the appearance of impropriety is advised.
Nearly two million cases of child abuse are reported each year, with perhaps as many or more cases going unreported. Teachers can be an important force for prevention if they learn to identify the warning signs and report their suspicions.
The teaching of ethics and values continues to receive a great deal of attention and concern. Today's schools use both traditional and more innovative approaches, including values clarification, character education, stages of moral development, and a comprehensive combination of all three. Whether part of a formal curriculum or not, what teachers do and say continually teaches students important lessons in morals and ethics. This chapter concluded with suggestions for teachers concerning the kinds of teacher skills and classroom climates that promote ethical behaviors in students.

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