Discuss and defend your responses to the following concepts of Legal- Ethical Issues of Education. 1. How is the concept of “substantial disruption of the educational process” used as a standard for teacher discipline? 2. What was the legal-ethical-moral rationale behind Brown vs. Board of Education and the overturning of Plessey vs. Ferguson? 3. Why your choices in “personal lifestyle” although protected by law, could still result in your suspension or termination from teaching? What choices do you have if you are “right but still fired?” 4. With South Carolina consistently ranking in the lowest ten percent in student performance of all the states, how do you balance the issue of growing federal control over education and the issue of state’s rights? 5. How does in loco parentis affect the operation of schools, particularly the responsibility and authority of school administrators regarding students? **Thoroughly develops and communicates a specific, sound and clear understanding of the legal and ethical development of American education. This understanding is clearly based on multiple examples of readings, class discussion, text and other considerations. The written submission specifically refers to the American constitution, specific federal and state landmark cases, and specific examples of funding of our schools that affect our educational system today. Submission is proofread and spellchecked, free of errors and written in a style that clearly communicates meaning
my answers was
Q1
The concept of “substantial disruption of the educational process” is a standard for teacher discipline. The concept, which is derived from judicial precedent, precisely the seminal case of Tinker v Des Moines Sch. Dist. is used to balance the civil liberties of a teacher as guaranteed in the First and Fourth Amendments and the regulations of a school as set out by the authorities. Teachers and students, like every other citizen, have their fundamental rights protected by the constitutions but the exercise of these rights cannot be used to substantially interfere with the running of a school. Whenever the fundamental rights, mainly freedom of speech, expression and assembly come into conflict the concept of “substantial disruption of educational process” will be employed to find the amicable balance (Sadker and Zittleman, 2007). Such a balance is employed to ensure that the school authorities do not use their powers to subvert constitutionally guaranteed civil liberties, but at the same time to ensure that the exercise of these rights is not used to substantially interfere with school activities or properties. Equally, the concept is used to ensure that as teacher’s exercise their fundamental rights, they do not infringe on the right of others.
Q2
The case of Brown v. Board of Education overturned Plessy v Ferguson precedent that had allowed segregation in public education. Although the American Constitution had clearly stated that “all men are created equal”, the Supreme Court in Plessy v. Ferguson had allowed racial discrimination to persist. The Brown v Board of Education made it illegal for students to be denied entry to any public educational institution on the basis of their race. This is the ruling that upheld the equality of all people before the law and castigated the notion that the white were superior to others. The ruling was a major breakthrough for civil rights movement.
Q3
It is a well established law that teachers have a right to privacy. This means that in their lives outside the classroom they have a right to make certain lifestyle choices like having a kid outside marriage or marrying a person from the opposite sex. However, along these rights, teachers are also expected to live in defined professional conduct to extent that they do not influence their students negatively. As a result, the court has protected teacher’s personal lifestyle so long as it does not interfere with their professional duties or demean the integrity of the community within which they are serving (Sadker and Zittleman, 2007). In most cases, a teacher can be dismissed if the personal lifestyle choice boarders on the issue of immorality or criminal conduct. However, if wrongly dismissed, a teacher has the right to seek justice in a court of law. For example in Morrison v Board of Education the Supreme Court ruled that the sexual relationship between the two male teachers did not interfere with their professional duties.
Q4
Although education is primarily a state and local responsibility, the role of the federal government has been growing steadily over the past years. Within this reality, there is a way that South Carolina can benefit from the federal government to improve the declining education standard without compromising its responsibility. The major factor affecting education in South Carolina is funding. Shortage of funds has compromised educational resources as well as staffing. Through a program identified as Race to the Top (RTTT), the federal government has set aside funds to improve educational standards national wide. Although the funds are tied to the federal goal of Common Core standards, South Carolina can work with the federal government to improve local education without compromising its responsibility and influence over local education.
Q5
Under the doctrine of in local parentis, it is held – to some extent in law but more by custom and practices – that when parents take their children to school, they have delegated some of their parental responsibilities to the school administrators. In this regard, school administrators are allowed to take certain actions or enact regulations to the best interest of the children. This doctrine, therefore, allows school administrators to enforce discipline in schools and also take actions they think will aid the educational process. This doctrine, however, is interpreted along the students’ broader rights.
References
Morrison v Board of Education (1969) 1 Cal.3d 214
Sadker, D.M., & Zittleman, K.R. (2007) Teachers, Schools, and Society: A Brief Introduction to Education. New York: McGraw-Hill
and I want you to follow this direction
1. How is the concept of “substantial disruption of the educational process” used as a standard for teacher discipline?
10/10 Excellent
2. What was the legal-ethical-moral rationale behind Brown vs. Board of Education and the overturning of Plessey vs. Ferguson?
8/10 More specifically “separate but equal” separate was not equal – Clark ‘doll’ study for examples
3. Why your choices in “personal lifestyle” although protected by law, could still result in your suspension or termination from teaching? What choices do you have if you are “right but still fired?”
9/10 Excellent try to put into own words also, in addition to citing sources. Consider local “culture”
4. With South Carolina consistently ranking in the lowest ten percent in student performance of all the states, how do you balance the issue of growing federal control over education and the issue of state’s rights?
6/10 Excellent Needed to more directly answer the question of how do we protect state’s rights while accepting $ from the federal government and the expectations that are attached.
5. How does in loco parentis affect the operation of schools, particularly the responsibility and authority of school administrators regarding students?
7/10 Be more specific with example of TLO or reasonable suspicion vs. probable cause. Again, I acknowledge the language barrier that you are experiencing. You need to display a better understanding of the question, and put more into your own words and not rely on using citations that generally include responses to those questions.
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