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Education
Legal and Ethical Issues that
teachers face.
Teacher supervisory liability
Teacher and student freedom of expression
Teacher personal lifestyle
Balance between religion and schooling
Student and teacher freedom of association
Student punishment
Student due process rights
Search and seizure
Sexual discrimination and harassment
Issues Teacher personal lifestyle
we will
Balance between religion and
focus schooling
on
today Teacher freedom of association
Teacher Personal Lifestyle
• Guiding Principle
Any behavior that negatively
influences student learning or teacher
effectiveness could be reason for
employment termination
Teacher Personal Lifestyle
• Guiding Principle
Teachers can be associated with
organizations as long as there
is no conflict of interest
Teacher Freedom of Association
Example 1
A Mississippi teacher was not rehired after eleven years
of teaching
The teacher had supported a recall petition against
board members and opposed the election of the school
superintendent
The courts decided that a teacher is protected from
being fired when involved in constitutional activities
(Schimmel et al., 2011).
Teacher Freedom of Association
Example 2
Teacher can be passed over for hiring because of
political affiliations
A Puerto Rican teacher sued because they were not
rehired due to party membership
The courts didn’t find in the teacher’s favor but did make
a distinction between hiring and rehiring
The courts found that it was not unconstitutional to deny
initial employment based on political affiliations but not
constitutional to refuse reemployment for the same
reasons. (Schimmel et al., 2011).
Teacher Freedom of Association
Example
Freedom of association 3 teachers from
doesn’t protect
online communications with students
In 2009 a Connecticut high school teacher was not
rehired after inappropriate conversations with a student
on MySpace
Teacher sued stating that this was a violation of freedom
of association
Courts determined that freedom of association was only
protected when association involved a public matter but
that MySpace didn’t count as public concern.
Students involved in the same activity
would face suspension. (Schimmel et al.,
2011).
Ethical Boundary
Teachers, students and parents
relationship’s must maintain the
integrity of the school program
Any activity or behavior that
has an adverse affect on
student success must be
avoided.
References
Diamond, L. (2009, June 29). Can teachers have lives
outside of school?. Get Schooled RSS. Retrieved July 7,
2014, from http://blogs.ajc.com/get-schooled-
blog/2009/06/29/can%E2%80%99t-teachers-have-lives-
outside-of-school/
Downey, M. (2011, October 10). Court rules against Ashley
Payne in Facebook case. But more to come.. Get Schooled
RSS. Retrieved July 7, 2014, from http://blogs.ajc.com/get-
schooled-blog/2011/10/10/court-rules-against-ashley-
payne-in-facebook-case/
Fischer, L., Schimmel, D., & Kelly, C. A. (2011). Teachers
and the law (8th ed.). Upper Saddle River, NJ: Pearson
Education.
Turley, J. (2012, April 2). Teachers Under A Morality
Microscope. JONATHAN TURLEY. Retrieved July 7, 2014,
from http://jonathanturley.org/2012/04/02/teachers-under-
a-microscope/