Teachers’ RightsEDU 224 | Newberry College

Teachers’ Rights

• What does it mean to be a professional?• What’s the difference between morality and

ethics?• What can teachers do? Not do?

What does it mean to act as a professional?

Morals versus ethics Morals are personal and

cultural values that distinguish between right

and wrong.

Ethics are a set of rules explicitly adopted by a

group of people.

What’s a situation where you, as a teacher, might react one way morally and another way ethically?

Teachers’ Rights

Question #1

What can’t a potential employer ask you during an interview?

“Interview questions must be related to job requirements. Questions about race, creed,

marital status, sex, religion, age, national origin, and physical or other disabilities and even a

request for photographs along with an application are generally illegal.”

Title IX of Education Amendments (1972)Title VII of Civil Rights Act (1964)

See pp. 246-247

Teachers’ Rights

Question #2

What is sexual harassment? What do you do if it happens to you?

“Victims of sexual harassment are also victims of sex discrimination and can recover monetary

damages.”

Title IX of Education Amendments (1972)Title VII of Civil Rights Act (1964)

See pp. 247-248

Teachers’ Rights

Question #3Can you be fired for living with your

girlfriend while being unmarried or being seen drinking?

If your behavior significantly disrupts

the educational process or erodes

your credibility with students, colleagues,

or the community, you may be fired.

See pp. 248-249

Teachers’ Rights

Question #4You use a controversial book or movie to teach in your classroom. Can

you be fired?

“The right to academic freedom (that is, to teach without coercion, censorship, or other restrictive interference) is not absolute. The

courts will balance your right to academic freedom with the school system’s interests in its students’ learning appropriate subject matter in

an environment conducive to learning.”

See pp. 250-251

Teachers’ Rights

Question #5 You leave your duty post briefly and an accident occurs. Can you be held responsible?

You can be charged with negligence, depending on whether your absence is considered

reasonable.

“Courts generally use two standards in determining negligence: 1) whether a

reasonable person with similar training would act in the same way and 2) whether or not the

teacher could have foreseen the possibility of an injury.”

See pp. 251-252

Teachers’ Rights

Question #6Can you criticize your school or district publicly?

The courts will balance your First Amendment rights with the school or district’s interest in

efficiently providing public services, whether or not your comments damage operations,

whether or not your statements are knowingly or recklessly inaccurate, and whether there is a

need for confidentiality.

See pp. 252-253

Teachers’ Rights

Question #7

You make a copy of an article for

your class. Is that illegal?

Teachers’ rights to freely reproduce and distribute published works were curtailed by the Copyright Act of

1976.

Under the legal principle of fair use, teachers may still reproduce published material on a limited basis without written permission. Fair use is determined by brevity,

spontaneity, and cumulative effect (9 instances per class per semester).

Also applies to software (1990 Amendment) and web material (Digital Millennium Copyright Act, 1998).

See pp. 253-254

Teachers’ Rights

Question #8

You decide to strike with your colleagues to protest a district salary issue. Can you be put in jail?

In some states, courts have recognized the right of teachers to organize and bargain collectively (as unions): Alaska, California, Colorado, Hawaii,

Illinois, Louisiana, Minnesota, Montana, Ohio, Oregon, Pennsylvania, Vermont, and Wisconsin.

In others, the courts have determined that teachers provide a vital public service and cannot

strike.

See pp. 254-255

Teachers’ Rights

Question #9

You are Physical Education teacher. Can you group students based on gender?

Teachers cannot use assumptions about gender (or race) to determine placements or assignment or

groups. In P.E., Title IX prohibits sex segregation except when the activity involves significant bodily contact, if the assessment of of ability was made using objective standards, or if students’ religious beliefs prohibit

them from participating in coed activities.

See pp. 255-256

What should a teacher do?

1. Be knowledgeable. Be careful. 2. Know your community. Know School Board policies.3. Cover yourself. Get permission and check with

others. 4. Make sure you are where you are supposed to be. 5. Join an educational association that can help protect

and defend your rights.6. Notify appropriate authorities – school district,

federal Office of Civil Rights – when necessary.

Class Wiki

http://edu224fall2010.pbworks.com