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The Teacher, the Law, and the Code of Ethics

The Teacher, the Law, and the Code of Ethics. Overview of Legal Guidelines. Agenda. Levels of Governance Code of Ethics Professional Performance Student Interaction Local Policies Student Code of Conduct. The Legal System. Where do we get our laws? U.S. Constitution State Constitution

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The Teacher, the Law, and the Code of Ethics

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  1. The Teacher, the Law, and the Code of Ethics Overview of Legal Guidelines

  2. Agenda • Levels of Governance • Code of Ethics • Professional Performance • Student Interaction • Local Policies • Student Code of Conduct

  3. The Legal System • Where do we get our laws? • U.S. Constitution • State Constitution • Federal, State, and Local Statutes • Court or Case Law • Common Law (Body of general rules dictating social conduct)

  4. The Purpose of Law • Maintain public peace and safety • Settle individual conflicts • Provide solutions to social conflicts • Facilitate social change

  5. Federal Government and Public Education 1 • Under Article 1, Section 8- “The General Welfare” Clause: “The Congress shall have the power to levy and collect taxes, duties, imposts and excise, to pay debts and provide for the common defense and general welfare of the United States.”

  6. Federal Government and Public Education 2 • The 10th Amendment • Gives the States authority to establish Public Schools • “The powers not delegated to the United States by the Constitution, nor prohibited by it to the the States, are reserved to the States respective, or to the people.”

  7. State of Texas and Public Education Under Article VII, Section 1 of the Texas Constitution “A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, it shall be the duty of the legislatures of the state to establish and make suitable provisions for the support and maintenance of an efficient system of public free schools.”

  8. Public Education Defined • Education mandated for or offered by the government to the children of the general public

  9. State Bureaucracy in Education State Board of Education: Publicly elected citizens of the state from various political districts State Commissioner of Education: Chief executive officer for the Board; Oversees the state agency Texas Education Agency: Specialized departments that monitor All aspects of public education

  10. Ruben Cortez, Jr. State Board of Education

  11. State Comm. : Michael L. Williams

  12. Local School District Bureaucracy in Education Board of Trustees: Publicly elected citizens of the community District Superintendent: Chief executive officer for the Board; Oversees the district operations District Central Office: Specialized departments that monitor All aspects of the district’s programs

  13. Education Service Centers

  14. Ruben Cortez, Jr. Secretary Place 5-Cameron County

  15. Public Schools – A Historical View • Purpose • Free schooling which is not a right as much as it is a duty imposed on all for the public good. • In the beginning, there were: • Church schools • Private schools • Academies

  16. First School Laws • Class oriented • Upper social class received schooling • Lower and Middle Class received limited / home schooling • The poor received apprenticeships in trades • Massachusetts Act of 1642 / of 1647 • Ben Franklin’s Academy • The period of struggle for State supported schools 1820 – 186 • 1847 Massachusetts / State Board of Education / Horace Mann

  17. Today’s Schools • Current Statistics • Approximately 79,000 schools • Approximately 30 million elementary students • Approximately 15 million secondary students • Approximately 2 million teachers

  18. Ethical Behavior • Ethics: the principles of conduct governing an individual or group • Source of Ethics for Texas Teachers: Code of Ethics and Standard Practices for Texas Educators

  19. Code of Ethics and Standard Practices for Texas Educators • Supplemental Handout #1

  20. Code of Ethics and Standard Practices for Texas Educators • “..comply with _practices and _conduct toward students, _colleagues, school officials, parents, and members of the community..”

  21. Code of Ethics and Standard Practices for Texas Educators • I. Professional Ethical Conduct, Practices and Performances • II. Ethical Conduct Toward Professional Colleagues • III. Conduct Toward Students

  22. Practices and Performance: “The educator shall not…” • 1.1 knowingly engage in deceptive practices regarding official policies • 1.2 misappropriate monies, personnel, property, equipment for personal gain

  23. Practices and Performance: “The educator shall not…” • 1.3 submit fraudulent requests for reimbursement • 1.4 use institutional or professional privileges for personal gain

  24. Practices and Performance: “The educator shall not…” • 1.5 accept nor offer gratuities, gifts, or favors that impair judgment • 1.6 falsify records, or direct or coerce others to do so

  25. Practices and Performance: “The educator shall…” • 1.7 comply with state regulations, local school board policies, state / federal laws • 1.8 apply for position= on the basis of professional qualifications

  26. Practices and Performance: Standard 1; Checklist • 1.1 Sign-in sheets, inservice seminars, sick leave, illegal drugs • 1.2 cash from fundraisers, donations, classroom supplies, computer supplies, sports equipment, vehicles, • 1.3 sponsor’s receipts, requisitions, tutorial time sheets, stipends

  27. Practices and Performance: Standard 1; Checklist • 1.4 online shopping / banking, personal email, self-employment political campaigning • 1.5 grades for services, gifts from vendors, employment promotion • 1.6 no pass no play, relatives, negligence to post grades, age ineligibility

  28. Practices and Performance: Standard 1; Checklist • 1.7 no personal internet browsing, no pornography (websites/emails), no gambling, no public intoxication, no profanity, no late taxes, no speeding / road rage

  29. Professional Colleagues • 2.1 Confidential health or personnel information • 2.2 Making false statements • 2.3 Adherence to policies re: hiring, evaluation, and dismissal of personnel • 2.4 Interference with colleague’s rights and responsibilities

  30. Professional Colleagues • 2.5 Non-discrimination towards colleagues • 2.6 Coercive means or promise to influence • 2.7 Retaliation against complaints

  31. Professional Colleagues:Standard 2; Checklist • 2.1 illnesses, failed certification tests, Probationary Status • 2.2 gossip, slander, fantasies • 2.4 workroom politics, personality clashes, stereotyping • 2.5 location? = public institution versus personal property • 2.6 threats / assigned duties

  32. Sexual Harassment • Definition: unwelcome conduct, either verbal or physical, which could not occur, but for the sex of the individual • sexual advances / compliments, requests for dates, written notes, emails • sexual favors for promotion / stipend • hugs, massages, other touching • offensive jokes, gestures, statements, pictures

  33. Students: “The educator shall not..” • 3.1 reveal confidential information=lawful purpose • 3.2 adversely affect student’s learning, health, safety • 3.3 misrepresent facts • 3.4 discrimination re: race, color, gender, disability, religion, family status

  34. Students: “The educator shall not..” • 3.5 engage in physical mistreatment of a student • 3.6 solicit or engage in sexual conduct, romantic relationship with a student • 3.7 furnish or allow use of alcohol, illegal –unauthorized drugs

  35. Students: Standard 3; Checklist • 3.1 illnesses, retentions, home / family environment • 3.2 ridicule, isolation, retaliation • 3.3 discipline referrals, parent conferences • 3.4 location: public institution versus personal property, race

  36. Students: Standard 3; Checklist • 3.5 do not pinch, push, pull, tap, touch, pull ears, challenge • 3.6 do not compliment, compare, tease, touch, stare at, personally communicate with • 3.7 do not party with – privately or publicly - students

  37. Students: Standard 3; Checklist • 3.8 maintain appropriate relationships and boundaries • 3.9 refrain from inappropriate communication with a student or minor; • Cell phone, text messaging, email, instant messaging, blogging, social network, • Determining Factors

  38. Checklist: Racism; you are not a President • …the Cambridge Police Dept. acted stupidly..there is a history of this type of behavior against African Americans and Latinos in this country…

  39. Checklist: Racism; you are not a Governor, Celebrity • …every black man’s nightmare and a reality for many black men… Gov. Deval Patrick • ..there is no African American in this country who has not been exposed to this kind of situation. Do you get angry? Yes. ..Colin Powell

  40. Professional Appearance • Perception: how others see you and how you see yourself • Commitment • Compliance: district guidelines / representation Supplemental Handout #2

  41. Why is compliance important? Certification and Contracts • State-issued certificate required to teach in a public school • Certificates have value and are protected against wrongful denial or revocations • Certification does not guarantee a job • State Board for Educator Certification oversees process for the state of Texas

  42. Basic Elements of a Contract • Offer and acceptance • Competent persons / parties involved • Consideration: something of value, promise for an act/performance • Legal subject matter • Written in legal form

  43. Basic Elements of a Contract • District Policy Manual; print and/or online • District Employee Handbook • Campus Handbook

  44. Employment = Priorities • B-o-Year Checklist Supplemental Handout #3 • Harry, Rosemary Wong:The First Days of School • Explain, Rehearse, Reinforce = Student Habit

  45. Students’ Rights:Supervision • “En Loco Parentis” : doctrine that says education and control of students is in the hands of school boards and educators; parental authority is temporarily superseded

  46. Students’ Rights: Due Process • 14th Amendment provides that no state shall deprive a person of life, liberty, or property without due process of law • State can deny these things ( including education) only after following due procedures

  47. Students’ Rights: Due Process • Substantive: state must have compelling reason to remove student • Procedural: • proper notice in writing • opportunity for student to be heard • hearing conducted fairly

  48. Students’ Rights: Due Process • School – Parent – Student Compact • Student Handbook • Team Procedures • Student Discipline Referral • Student Progress Sheet Supplemental Handouts #4, 5, 6, 7

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