Legal responsibilities of teachers and school staff
1. References
Bain, C. (2009). Untangling Legal Issues that Affect Teachers and Student Teachers. Art Education,
62(5), 47-53.
References
Balch, B. V., Memory, D. M., & Hofmeister, D. R. (2008). Teachers and the Law: Application
Essentials, General Considerations, and Specific Examples. Clearing House, 82(1), 5-9.
doi:10.3200/TCHS.82.1.5-10
References
Darden, E. e. (2013). Bad parental behavior. Phi Delta Kappan, 95(3), 70-71.
o As this chapter discusses, one of the primary responsibilities of teachers within a school is to maintain professional
standards and to uphold the law. They are trained and hired to do that. However admirable our intentions may be
when turning a blind eye to teacher misconduct, we have equally contributed to a violation of the law if we simply
look the other way. Furthermore, by doing so, you've also failed to meet your professional obligations. In the
example from this chapter, Arthur finds himself in an ethical dilemma when he becomes aware of copyright laws
being broken. After some discussion, the text presents the answer to his dilemma, "There is no question that
Arthur's primary duty is to uphold the copyright laws," and suggests the next step for Arthur is to have a
conversation with his colleague and be clear that he cannot permit further copying from the old workbooks.
Additionally, the authors recommend that regardless of his colleagues' reaction (whether or not she stops making
illegal copies), Arthur is duty bound to report to his supervisor that there has been a pattern of violation of copyright
laws in the school library. What do you all think? Would you agree?
Firstoff,I wasn’t aware that thiswas part of a librarian’seducationandthatinterpretingthe ever-changinglawsinthe
dealingwiththe situation. Like the booksuggested,if itwere made knownthathe knew anddidnothing,wouldhe be
ok withthe outcome. He couldsuggesttoAnnto use thisas an opportunitytoputa spotlightonthe issueswiththe
financial problemsandthe lackof properup to date work sheets. Ifeel like thisisprobablygoingonalot more thanwe
eventhinkitis. WhenI firstread the scenario,Ithoughtthat itwas a normal thingand didn’treallysee the issue with
copyrightlaws. Eventhoughitshouldhave beenobvioustome because of the classesIhave alreadytaken. But,this
type of thingis so common,youforgetitis againstthe law. It’snot justa badethical decision,thereare copyrightlaws
for thisveryreason. I thinkthese scenariosandthe followingconclusionsare extremelyhelpful.
Thischapter wasquite informative. Iwill definitelyuse the rule of publicity. Itissuch a simple conceptyetIwould
guessthat mostpeople donotuse that as a tool in makingdecisions. If itwere made know publicly,especiallytoyour
co-workers,friendsandfamily. Personal feelingsall toomuchgetin the wayof the right decision. Ialsowill remember
to relyonthe professional associationsthatexisttohelpwithtoughethical decisions. Withall of the scenarios,the best
route to findingacorrect solutionincludedopeninguptoothersabout the dilemma. Askingopinions,makingothers
aware that you have an issue,seekingoutthe advice of yoursuperiorsare all greatstepstotake.
o What legal responsibilities exist for teachers and school staff when working with students?
3
There are manylegal responsibilitiesforteachers. Firstandforemostisthe safetyof theirstudents. Theyhave a
responsibilityforthe safetyandwelfare;physical,sexual,emotional andpsychological of theirstudents. Theyhave a
responsibilitytoreportanysuspicionsof abuse tothe students,evenif it’soccurringoutsideof school grounds. Child
2. abuse isnot a federal crime,itisa state crime. Definitionsof abuse varybystate. Theyhave a responsibilitytoprovide
an equal educationtoall of theirstudents.
4
Beinga teachercan be a hazardouscareerchoice. In thisdayand age of social media,aperson’scareercan be ruined
withone wrongpost,tweet,text,email,etc. Ithinkitis extremelyimportantforschoolstoupdate theirpoliciesand
procedurestoinclude onlineactivity. If,forinstance,yourchildwantstoparticipate inaclub or sport,the studentand
the parentshouldhave to signa contract statingthat theywill representthe school inapositive wayatall times. A lot
of time the hazardousthingsthatare happeningare notagainstthe law. It isup to the school districtto setthe
standardsand evenif the rulesseemobvious,itcanserve asa reminderof whatisacceptable behavior.
5
Firstof all,the teachersaidthat she smelleditnearthe bathroom. Wasthe girl in questionthe onlyone thatwasinthe
bathroom? Did the teachernotice if the girl lookedstoned? Ithinkthat she shouldimmediatelypullheraside and
assesswhetherornotshe lookslike she isunder the influence. Everysituationisdifferent,soIthinkshe shouldtalkto
the girl and ask herif she wassmoking. Itmay not have beenheranditsbestnot to jumpto conclusions. Buttheyare
out ona fieldtripandthe waytheyact representsthe school. Certainlyshe’snotthe onlyteacheronthe trip. If infact
she had beensmoking,she shouldaskthe otherchaperonestheiropinion. Myresponse comesmainlyfromthe
dispositiondomain. Ifeel like unlesswe have all the facts,we shouldtake itslow.
6
Well, myanswerdidn’treallychange. Iwouldstill wanttoknow beyondashadow of a doubtthat she was the one that
was smokingthe pot. But hearingthe secondpartof the video,onlymakesthe decisionharder. If infactshe admitsto
smoking,theymaybe able toissue some sortof warningsince theyare noton school property. But since there isazero
tolerance policy,awarningmaynotbe an option. Ireallydobelieve thateverysituationisdifferentsoit’sveryhardto
say,but I thinkI maystick to the dispositiondomainasopposedtothe law. She wouldprobablybe arrestedandhave a
record,at leasta juvenile record. Withnoone beinghome forher,thiscouldbe the type of thingthat wouldputheron
the streetand intoevenworse drugsandworse criminal actions. Ithinkif thisgirlshasrespectfor the teacherthen
maybe if she talkswithherand theycan come to an arrangementthat she will gotoa rehabfacility. Maybe she cansign
herup for some volunteerworkwhere she cansee the effectsdrugshave ona persons’bodyandlife.
7
I knowthe legal termsineducationprettywell. Thisvideomade themevenclearer. Ihave alwaystriedtoexplainthe
holdteachershave overtheirstudents. Ihave seenafew teachers thathave takenadvantage of that trust. I have tried
my bestto explainwhyIthoughtthatwashappeningbutthe termfiduciaryprofession isexactlywhatIwastryingto
say. I thinkthe biggestconflictinthe classroom, intermsof thisvideo,isthe factthatmost people assume thatthe
mainresponsibilityof ateacheristo teach. Asthe videosays,the courtsstate that the primaryconcern isthe safetyand
welfare of the students.
3. 8
On Thursday,April 23rd
2015 Floridapasseda law that itis unlawful topostsexual picturesof someone withouttheir
consent. Thisisa bigissue,especiallyinmiddle andhighschool. Postingpicturesof someoneelseorthreateningto
postthe picture unlesstheygetwhattheywant. There were nolawsagainstthisuntil thispastThursday. It istakingthe
courts a longtime to catch up withthe social worldwe now live in,butthisisdefinitelya stepinthe right direction.