Please read Chapters 9, 10, and 11 in School Law book. Respond here your
comments, thoughts, epiphanies, or concerns related to these three
chapters.
This is due on October 15 at MIDNIGHT.
Essex, N. L. (2011). Teacher’s Pocket Guide to School Law (2nd ed.). Boston, MA: Pearson. ISBN-10:0-13509418-6
Chapter 9 of the Essex text was about discrimination in employment. The Civil Rights Act of 1964 prohibited discrimination based on race, color, religion, sex, and national origin. This chapter did not tell me anything that I did not already know. Although, I liked reading it because it brought back memories of my family visiting the Brown vs. B.O.E. in Topeka last summer. If you have not been there, you need to; the building still has a very serious feel to it.
ReplyDeleteChapter 10 discussed teacher freedoms. I feel it is important to still have your freedom of expression, academic freedom, and freedom of association. I do feel though, it is important as a teacher to be a good example for your students, and must continually think if your actions or words could affect your students negatively. I also think that it is important to have your right to privacy. As a teacher, you also need to keep your personal life personal. You need to be friendly with your students and sometimes you share some details of your personal life, but they do not need to know everything.
Chapter 11 discussed tenure, dismissal, and collective negotiations. Although I knew some about tenure, this chapter was very informative. Something that I thought caught my attention was that the text was talking about if you are not a competent teacher then the board could fire you from tenure, but if you were not competent then how did you get tenure to begin with? I am glad that there are ways to help protect teachers in certain circumstances. Another thing that made me question the text was about the liberty right, if teachers are expected to be professional, why would the board make such damaging statements that could affect future employment; they would not be holding themselves to the same level of professionalism as they expect their teachers to be at.
Samantha - I couldn't agree with you more with your statement about teachers needing to be good examples for their students. Students look up to their teaches for wisdom and guidance.
DeleteSamantha -I just moved from a small community and now I live in the City of St. Louis. The difference is, in a small community it is hard to stay away from being in the spot light. Everyone wants to know who you are, what kind of teacher you are etc. In a large city, same questions will be asked however not many people will be able to answer, unless they had you as a teacher. Making steps such as your FB page being private, not being out spoken, not sharing personal information would help. Keeping professional is professional no matter how many people live in your town or city…because like you mentioned in your post, being a role model is important and what you, say, and express yourself in the school, with parents, co-workers and among community members will follow you to your profession. It is key to make sure you are a professional in every sense. by Jennifer Willcott
DeleteSamantha,
DeleteWith so many opportunities out there for social networking, I think that it is important to really evaluate what a person posts. Also I think that it is important to really evaluate who you are friends with on these social networking sites because if though you may become friends with your co-workers, sometimes they will report things that you post to the building principals.
Math Methods – Law; Chapters 9, 10, & 11
ReplyDeleteChapter 9 – Discrimination in Employment
Chapter nine states on page 126 that “Constitutional, federal and state statutes prohibit discriminatory practices in employment on the basis of sex, race, age, color, or religion.” To me the is a huge statement for educators. School is a place where students of all ages are supposed to feel welcome at all times. This also includes student’s families no matter what sex, race, age, color, or religion they are. I feel this is the job and the educators to make sure that their students know they are welcome to be who they are in the classroom setting. I want to be the educator that uses difference to bring my students closer together. I want my students to have an open mind of different races and religions. I know that is a hard bridge to cross but I have my own faith that it is possible.
I also believe this chapter speaks a lot about employers and employees. I believe that all professionals in a school building should have respect for each other. This goes for principles, Para educators, cooks, ganders, and parents/guardians.
Chapter 10 - Teacher Freedoms
Chapter ten talks about the rights a teacher has. I believe this is information that needs to be presented to individuals who are interesting in becoming a teacher so they are aware of what it takes to be a professional educator. The majority of the information in this chapter I feel is or should be considered common sense. However, I am learning that not everyone in this wonderful world has common sense. I also feel as if the information in this chapter makes it so educators know that teaching is a full time position. Actions outside of the school building take a toll on what goes on inside the school building. If an educator has a potty mouth one Saturday night at the bar, and a parent hears this they may not want that individual teaching their child. Needles to say, the information in this chapter is a must know for all professional educators.
Chapter 11 – Tenure, Dismissal, and Collective Negotiations
Chapter eleven talks about how teachers are protected and how they can and should protect themselves. A Tenure teacher is a teacher that is a capable teacher whose job is protected by law. Meaning a teacher how has been at a set school for a certain amount of law cannot be dismissed. This chapter is filled with information about what not to do as a professional educator. Again, I feel as if this information should be common sense but I know that is not the case. The world of education has changed tremendously in the last fifty years and due to some of the changes the education systems need laws and regulations to protect themselves.
That is good that you want to bring students together in that way. The school that I am interning at is very diverse, so it is refreshing to see that they are understanding of people with different beliefs, backgrounds, and social classes. I also agree that school employees need to treat each other with respect. Sometimes, people use their positions to look down at others instead of using their statues or education to lift others' spirits up and inspiring everyone to be happy. It just makes the school a more positive learning environment and a better work environment for adults.
DeleteChapter 9- This chapter talked about discrimination in employment. The Civil Rights Act of 1964 Title VII prohibits discrimination based on sex, race, age, color, or religion. For me this chapter was a review of things I already knew. It also talks about the Americans with Disabilities Act which protects individuals with disabilities against discrimination and ensures equal access and opportunity. This act is something that as a teacher I feel we should know about. I also feel that every students should be given the opportunity to learn and succeed. As a teacher discrimination is something that is really important. Students should be accepted and given the opportunity to learn no matter what.
ReplyDeleteChapter 10- This chapter talks about the rights you have as a teacher. I feel that this chapter really speaks to us as future teachers. As a teacher you have rights and I feel that they should be known. When you are a teacher you have to be a good role model not only inside of the classroom but outside as well. You have to present yourself in a way that is acceptable and not going to offend parents, students, and the public. I feel that this chapter is very important to teachers and the practical tips on pages 153-154 are important.
Chapter 11- This chapter talks about tenure, dismissals, and collective negotiations. Although I knew a little about tenure I feel that this chapter was very informative and something that as a teacher I feel I should know. Educations is a field that is constantly changing and I feel will only continue to change. Keeping with with the laws and regulations that protect us a teachers is something that I feel is very important.
Chapter 9 - The overall topic discussed in Chapter 9 was discrimination in employment. One of the most important legislative acts in history was Title VII of the Civil Rights Act of 1964. Employment discrimination based on race, color, religion, sex, or national origin is absolutely prohibited. Another important act was the American Disabilities Act of 1990. It protects individuals with disabilities against discrimination and ensures equal access and opportunity. With all of these acts of legislation in place, it is important that we as educators set the bar high. We must be the prime example for our students and teach them to treat others with respect and equality. To do this we must not be discriminatory towards in our our own classroom or out in public. Someone is always watching, so we need to be aware of our actions at all times.
ReplyDeleteChapter 10 - Teacher freedoms is the topic discussed in chapter 10. Teachers are human just like everyone else. Unfortunately, teachers seem to be held at a higher standard than many others. Although educators are entitled to their own opinions, we must be careful who we speak those opinions to. Teachers are expected to think and say nothing negative. In addition to the unfair judgement put upon what teachers say, they must also be aware of their actions outside of the classroom. Those high standards often come around and punish teachers for having a "night out" with other adults. To become a professional educator, we must sometimes put our fun, personal life on hold to meet others' high expectations.
Chapter 11 - Tenure, dismissal, and collective negotiations are all discussed in chapter 11. The tenure contract is designed primarily to provide a measure of security for teachers...(156.) It is also viewed as a means of providing a degree of permanency in the teaching force from which students ultimately benefit (156.) It is our duty as future educators to understand the standards for getting tenure and to make every effort to earn it. We need to understand that giving tenure is not required; therefore, we need to always put forth our best performance.
Good point on "someone is always watching" in your first paragraph. You never know if a parent, student, or school official is around when your out in public. Teachers need to be aware of this and make sure they are being discrete and professional even away from school. Teachers do seemed to be held to a much higher standard in terms of their freedoms. The chapter talked about the freedoms, but they were quite limited, even away from the school. It is a bit scary to think about when you go out with your friends for a night of fun. But as you stated someone is always watching and you just never know who will see you. Good post.
DeleteIt is scary knowing that "someone is always watching" but I guess it goes along with the job. I know there are many professional jobs that you have to watch your actions outside of the workplace.. I think in the end teachers are humans and should be able to have a little fun just be responsible.
DeleteThis comment has been removed by the author.
ReplyDeleteChapter 9- Chapter 9 is about discrimination and how it can affect teachers. Most of what is covered in this chapter is normal practices that I have seen at many other jobs. I do believe it would be hard to prove discrimination in court and find it to be at a disadvantage of the victim. A couple of the topics are important to me as a future male educator. The first one is I have been told that I would not stand a chance at a Day Care I applied at years back due to a previous male employee doing inappropriate things and them not hiring males anymore. Of course there is no proof of this on my part, but it does show that sometimes males do have harder times when it comes to this profession due to the previous employers and gender bias. Also I know the importance of being extra cautious and protective of myself in terms of Sexual Harassment with students. I know of a previous Day Care Director who was fired for alleged inappropriate activities with a child. It ended up being false and the child lied. Unfortunately just having this over his head has caused him to lose his chance of working with children anymore, he is now a cashier at a store. Males do have to be very cautious around students and make sure they are keeping themselves out of harms way in every way. Other than these key things, the rest of the chapter was things we should all know about if we have worked at previous jobs.
ReplyDeleteChapter 10- Chapter 10 is about teachers freedoms. The main thing I took from this is that freedoms for teachers come with many limits. This is understandable being that it is a professional career. Also teachers are role models for children and should behave in a proper manner. Academic freedom was an important one in my mind. They said that "teachers have academic freedom within limits". This is very important now with Standards being the new benchmarks. Teachers still need to follow the Standards, no matter what they are teaching. I feel it does take away from academic freedom a little bit, but if it's for the best of the students than it's understandable. I was surprised to see that their is a small fight in terms of dress code and freedom of expression. I would think teachers would know through schooling that they are becoming professionals. The school I intern at doesn't even seem to have a dress code, teachers wear jeans and T-shirts daily. With that in mind I am confused on why some people need to fight a dress code policy when they should be professional. The other topics seemed obvious. Teachers have freedoms, but they need to understand they are professionals and any one could be watching at any time.
Chapter 11- This chapter did answer some questions for me. I of course have heard about tenure, but didn't really understand exactly how it worked. The chapter cleared that up for me. I actually thought it took much longer than 3 years to be eligible for tenure. One question I do have in terms of dismissal is in terms of the state of Kansas. I know that you can be dismissed from a job for no reason in Kansas now and I wonder if this is true for tenured teachers in this state. The Financial Exigency is something that is really hitting schools now. Many teachers are losing jobs due to the economy and financial problems. I know of schools around Topeka that have closed or are in talks of being closed, one of them includes the school I interned in last semester. Most of the time it seems like financial exigency and school closings have to do with their size. That would be a down fall of working in a small school during this time with the economy struggling and all the education cuts. There was one part of collective bargaining that was surprising to me also. I did not know that some states make their teachers join unions. I know there are many teacher unions out there that can be beneficial for teachers, but did not know that in some cases they were mandatory for teaching. This chapter answered some questions for me that I had about the teaching profession.
The book answered many questions for me as well. It seemed that some of the information was common knowledge, but the book laid it out well.
DeleteHi Ryan,
DeleteI am in complete agreement with you when you say "teacher are role models for children and should behave in a proper manner." I have a friend who is a teacher and has made it clear she never wants to see a picture of her on FB with a beer in hand. She does not want any of her students to accidentally come across a picture of her with an alcoholic beverage, for fear they will look upon her differently. While I think she is a little extreme with her worries, I applaud her for wanting to set an good example for her students.
Good post.
Rebecca Reddin
Chapter 9: Chapter nine in the Essex text covers the entire spectrum of topics related to job discrimination. It is a worthwhile chapter to read because it gives many facts about the law concerning hiring as well as termination practices specifically in the school setting. The book gives an overview of discrimination in race, age, sex, religion, etc. The part about FMLA reminded me of myself because my school that I work at gave me time for when my father was sick and I had to go to the hospital everyday for about two months. This chapter is a must-read especially the parts about sexual harassment, which is a constant problem in all work environments, as well about the portion about inappropriate contact of staff and students.
ReplyDeleteChapter 10: This chapter is about the freedoms that teachers have. Among the topics included are: freedom of expression, freedom of association, political rights, dress and grooming, right to privacy, and religious freedoms. The information in this book is important to me, as I believe that people should be allowed to have their own beliefs and ways of thinking. To me, it is wrong to expect others to conform to the way things are and especially to put pressure on them. The chapter points out that teachers must represent the profession properly. I agree with this totally, but the book makes a point on the part about dress and grooming. It says that these things change over time. The thing that concerns me is that when someone talks about dress and grooming, they are often speaking of their own tastes and personal standards. I think that as long as a teacher's dress does not affect their teaching ability, it shouldn't be an issue. For instance, at the school where I work, the teacher who is most respected by students is an older gentleman who wears shorts, sandals, and a T shirt with various musical acts. Do I think that all teachers should dress this way? Or can all teachers get away with this? No, but for that teacher-who has taught over 20 years- it has never been an issue.
Chapter 11: The chapter over tenure, dismissal, and collective bargaining is an important set of laws and information for future teachers to be aware of. Tenure was something that I didn't understand until recently. This law book took all questions from my mind on tenure as well as taught me a few things that I didn't already know. I never knew the piece on property rights of a teaching position. That is very interesting and good to know that those laws and guidelines are set in place. The part on dismissal is important because I have seen a few of these examples during my time working as a paraeducator in a school. There have been a few teachers who did not return for various reasons. This law book has given me a better understanding of the ways dismissal works. I am not bringing up the dismissed teachers to be cruel but simply as a reminder to myself that dismissal is possible and it is important to cover yourself and complete all expectations in order to keep one's job. The collective bargaining section was interesting to me. The section on worker's compensation reminded me of the time that I hurt my elbow at the school where I worked. I didn't think it was a big deal, but the secretary convinced me to go to the clinic in case something happened later on and I needed time off work. This doctor visit was covered by worker's compensation. There was a part that stated that public teachers cannot strike. What was the story recently with the Chicago teachers who were on strike? This is a handy book on school law that I will definitely keep close by when I find my first job as a teacher.
Every time I read a chapter from this book I learn more details about so many laws and regulations I thought I already knew so much about…In chapter 9 I learned the importance of discrimination of employment. One of the things I learned about was, Title VII which protects males and females from gender based discrimination. The Equal Employment Opportunity Commission (EEOC) – is the act to support claims of discrimination in the 1st 300 days. This was something I was un aware of. This chapter also highlighted on many other great points such as the Americans with Disabilities Act ( ADA), pregnancy and public school employment along with sexual harassment.
ReplyDeleteChapter 10, discussed Teachers Freedom. This chapter really focused on the importance of the state regulations regarding procedural considerations. Substantive: The state must have a valid objective when it intends to deprive a teacher of life, liberty or property and this means one must be reasonably calculated to achieve the states objective. Procedural: When a teacher is deprived of life, liberty, or property a prescribed constitutional procedure must be followed.
One of the great things I found interesting was how speech outside the school environment. This is something every important to learn and NOT to disobey especially in small towns and within communities. Keeping your reputation and professionalism is ideal when taking on the role of a role model and teacher. This also goes with the same regards to “privacy”…Privacy is hard to keep away from a small community and in the age of social networks. Laws did not bring up the importance of these social net works but by far this is a something to keep professional and also important NOT to be “friends” with student’s parents. By WHAT IF you were personal friends with a student’s parent prior to being their teacher. Can you no longer be there friend on social networks? So many lines that need to be identified and new challenges will now take place when it comes to protocol and professionalism.
Chapter 11, discussed tenure…This is a great unified contract that is built to provide a degree of permanency in the teaching force witch the students ultimately benefit from. However, my question to this topic is…Tenure makes it very difficult to fire a teacher without them showing unlawful ways and causes. But, when you have a teacher that isn’t performing with test scores, appearance, attitude, staff relationships a school can maybe encourage retirement but other than that a school may be stuck with that un productive teacher? I know of several teachers that really should move on from teaching due to their attitude and lack of enthusiasm but nothing can happen to them. I need to continue to learn more about the tenure approach so I was very excited to get more information regarding the topics reviewed in Chapter 11.
by Jennifer Willcott
Jennifer, I really appreciate the format in this book. It has a way of explaining things in a way that are easy to understand and get right to the point. I learned a lot in chapter 11 that I was unaware of. I don't know if I am 100% right on this or not, but in order to get rid of a teacher that has tenure, the board of education has to show proof and sometimes this is difficult to do without proper documentation. Someone correct me if I 'm wrong.
DeleteChapter 9 is about discriminating against a person according to their race, color, religion, sex or national origin. I was surprised to find out that this was enacted in 1964, but it was not applied in educational settings until 1972. In fact, if it did happen, after 1991 individuals could receive compensation. The book describes how to file a complaint should this be an issue on page 127. The plaintiff carries the burden of establishing the prima facie which is showing how it is obvious or evident. Sexual discrimination is also discussed in this chapter. Another subject discussed is the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990 which is very much like Section 504 and protects any person who has a physical or mental impairment that substantially limits one or more major life activities. There are very specific qualifications for employment of the individuals on page 131. There is a great description of the term undue hardship. On pages 132-134 there are guides for ADA, racial, religious, and age discrimination. What I am learning here is that strong documentation is absolutely essential where sexual discrimination is concerned. As teachers, it is also our job to create an environment where all of our students feel safe.
ReplyDeleteChapter 10 is about teacher freedoms. Speech cannot create material disruption to the educational interest of the school district. When exercising freedom of speech, teachers must preface their comments by indicating that they are speaking as a private citizen rather than an employee of the school board. Teacher’s speech should be professional in nature and not harm or injure another person’s reputation or render the teacher unfit. Teachers are free to associate with whomever they choose. However, they should always be concerned about their “role-model image”. Teachers should follow the school dress code. Teachers can enjoy a measure of privacy in their personal lives. As long as they remain professional in their jobs there should not be very many problems in this area. Religious freedoms of the nation are the same for teachers and schools should not discriminate on the basis of religion. Teachers should be careful not to push their personal religious beliefs on their students.
Chapter 11 explains how tenure, dismissal and collective negotiations occur. Tenure is designed to protect capable teachers. It provides a measure of security for teachers. Tenure is not designed to protect teachers who are inept or ineffective, but those who are competent and effective. This chapter also covers the topics such as non-renewal of contracts, teacher evaluations, and reduction in force, dismissal, incompetency, and insubordination, neglect of duty, immorality, and sexual advances toward students. More information is here about collective bargaining, state involvement, impasse and bargaining, and worker’s compensation. I appreciate the practical tips at the end of each chapter.
I thought you did a great job summarizing each chapter. I thought it was great that you included the page number from the book that provides information on how to file a complaint. I also agree that as educators it is our duty to create a safe and welcoming environment. I also thought that teachers need to follow the school dress code and display a sense of professionalism.
DeleteBlog: Law ch. 9, 10, 11
ReplyDeleteChapter 9: Discrimination in Employment
Through both the state and federal levels discrimination within the employment sector is prohibited. Important legislation regarding discrimination in the workplace was enacted in the 1960’s and 1970s. The discrimination must be proven and established for the shift of burden to be placed on the business or school district. The Americans with Disabilities Act (ADA) protects individuals with disabilities against discrimination. Any individual with a disability is qualified under ADA for employment if this person can perform the core functions of the position with or without accommodations. The chapter also provides information on sexual harassment and The Family and medical Leave Act. I was not aware that not all businesses are covered under the FMLA act, only employers with 50 or more employees. Another area I was surprised by was that sexual harassment was not included in the Title VII of the Civil Rights Amendment of 1964 until 1980. This seems hard to imagine that sexual harassment was not included earlier, 1980 was not that long ago.
Chapter 10: Teacher Freedoms
Teachers enter the teaching profession with constitutional rights and freedoms and the board of education must establish a compelling reason to restrict those freedoms. The level of protection is lower for teachers in cases where the teacher speaks on matters that are personal in nature. I agree that as educators our personal lives personal views should be considered a private personal matter and not splashed all over the classroom. I do think that teachers can teach their students how to form an opinion based on facts but the teacher should not influence the opinion based on personal feelings. When it comes to how a teacher is dressed or groomed, I feel that teachers should be professionally dressed. I personally do not have an issue with tattoos and piercings but I understand that in this professional setting teachers need to follow the guidelines set by the school.
Chapter 11: Tenure, Dismissal, and Collective Negotiations
Tenure is a contract designed as a measure of security and permanency in the teaching force. Some states offer tenure after a teacher has worked within the school district for three consecutive years. I was not familiar with tenure in grade schools as much as I was at the university level. My father is a college professor and I have heard him discuss tenure and when he has been asked to review an applicant’s request for tenure.
Dismissing a teacher is a very serious matter because the teacher has an inherent right to hold the employment position. Some areas in which an educator can be dismissed are, incompetency, insubordination, neglect of duty, immorality, conduct involving morality, and sexual advances toward students. I think dismissal for incompetency would be difficult to understand as the reason can be vague.
Collective Negotiations has grown in recent years. I did not realize the difference between the private sector employees and public sector employees. Public employees are offered constitutional protection. Another difference is that most public school teachers are not allowed to strike. After watching and hearing about the teacher negotiations in Chicago I was surprised to read this as I thought the public school teachers were on strike.
There are several forms of discrimination in the work place. In 1964 the Civil Rights Act was passed, however it did not apply to discriminatory employment practices in educational institutes until 1972. The law puts the burden on the plaintiff to demonstrate that he/she is qualified and was not given a fair consideration for a job, and once that has been shown, then the courts begin to look at the district in question. The law prohibits discrimination based on race, color, religion, sex, or national origin. Sexual discrimination is set in place so women and men are treated equally when a position is up to be filled. The equal protection clause of the 14th amendment was to help solve the problems of racial discrimination in public schools. Something else that protects teachers in public schools is the Pregnancy Discrimination Act of 1978. Districts cannot terminate a teacher because she is expecting, and they are allowed to take a set time off. Sexual harassment is anything that makes someone else feel uncomfortable, verbally, or physically dealing with a sexual nature, or clothing.
ReplyDeleteJust because a teacher teaches in a public school does not mean they give up their rights. They are still able to have freedom of speech, but within limits one school property. If the speech disrupts others, or is negative towards school policy or materials, then legal matters are apt to be taken. Outside of school, teachers are able to speak on issues they do not agree with, they just need to make it clear they are speaking as a private citizen and not as a teacher. In school a teacher must teach according to the grade level they are certified to teach. Students must not be introduced to ideas or content that they are not mature enough to handle. Dress code is something any professional deals with. As it is stated, if the dress of a teacher interferes with their teaching or the students learning, then it will be addressed. Teachers have a right to privacy, however, teachers need to remember they are influencing children’s minds and honor and respect of themselves need to be considered.
Tenure is something that has been a controversy for some time now. What tenure contract is is when a teacher has been on a 3-year probationary period and they have been evaluated allowed to have a secure place of employment. In the 3-year period, a teacher can be dismissed without cause during the year, and with cause at the end of the year. Teacher evaluations is to make sure the teacher is being effective, and if any changes need made. If a teacher feels that an evaluation is unfair, he/she may request another administrator to evaluate them. When a teacher is dismissed it may be on ground of Incompetency, which can mean lack of knowledge, unwilling to teach the curriculum, failure to work as a team with other teacher and parents, classroom management, or has a poor attitude. Insubordination is when the teacher does not follow the administrations rules or requests. Neglect of duty is when a teacher does not do their job, or obligations. Immorality is when a teacher does not show good ethics according to the district or community. If a teacher goes out and is not a good influence on their students, they may be dismissed on grounds of Immorality. Courts along with communities do not have any sympathy for teachers who use their power to force or coheres students to do any improper sexual act. This is ground for immediate dismissal along with files being charged against the teacher.
Chapter 9 discussed discrimination in Employment. Title VII: Discrimination-One of the most extensive federal employment laws, the Civil Rights Act of 1964. “It shall be an unlawful employment practice for any employee and It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against any INDIVIDUAL, because of his race, color, religion, sex or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex or national origin.” Throughout Chapter 9, many Acts and types of discrimination were discussed. The Rehabilitation Act of 1973 and the American’s with Disabilities Act ADA protects people with disabilities and ensures equal opportunity. Qualifications were listed under the ADA and the terms for undue hardship were listed. Title VII involves two basic types of claims disparate treatment and disparate impact. “Disparate treatment means that an employer treats some people more unfavorably than others regarding employment, job promotion, or employment conditions on the basis of race, color, religion, sex, or national origin.” “Disparate impact is merely a demonstration that numbers of people of a similar class are affected adversely by a particular employment practice that appears neutral, such as a requirement that all employees pass a test.” Religious discrimination, protection to employees against religious discrimination is respect to all religious observances, practices, and beliefs. Age discrimination is basically protecting teachers that they are not forced to retire of the age of 65. Pregnancy and Public School Employment led to the Pregnancy Discrimination Act of 1978. The intent to treat pregnant employees are treated the same as other employees. Family and Medical Leave Act FMLA it was passed to allow employees up to 12 weeks of unpaid leave for certain reasons listed in the text. Finally chapter 9 ended with discussing sexual harassment and listing dos and donts. Just to name a few…Do: “make certain that you understand and know the laws that protect teachers. Understand that pregnancy may not be used against female teachers in a manner that deprives them of a job position. Do not ignore the fact that sexual harassment is a form of discrimination and don’t fail to report suspected violations of school or harassment practices.”
ReplyDeleteChapter 10 discussed teacher freedoms. Freedom of expression- Teachers are afforded rights to freedom of expression. “ They enjoy the same rights and privileges regarding speech and expression as other citizens.” “Freedom of expression is limited to teachers and that speech does not create material disruption to the education interest of the school district.” “ Teachers are allowed the First Amendment rights out of the school environment.” Teachers are allowed to speak on issues that they are interested in and may not be popular with school officials. Academic freedom is allowed in teachers’ classrooms, “based on a teacher’s right to teach and students’ right to learn.” “Academic freedom supports the belief that the classroom should be a marketplace of inquiry, research, and discussion of various ideas and issues.” Freedom of association is included with the right of assembly. “ Teachers are entitled to the same rights and privileges provided other citizens.” Freedom of assembly is that people have the right to associate with anyone they choose to. Teachers get to enjoy this right, but should exercise the importance of being a teacher and they are a public employee and they are considered a “role model image.” Teachers should dress and groom themselves in a professional way. Teachers are entitled to their privacy in their personal lives. However, if a teacher’s lifestyle choice “adversely affects the integrity of the district or that the teacher’s conduct has a detrimental effect on his or her ability to relate effectively with students.” Teachers must be reminded they hold a professional position and their behavior impacts their students. Religious Freedoms are that a teacher has the right to their choice about religion. Teachers must remain neutral in all matters in religion in the teaching setting. Outside the teaching setting teachers are free to exercise their legal religious rights.
DeleteChapter 11 Tenure, Dismissal, and Collective Negotiations discusses tenure in public schools is prescribed by state statute. “Any teacher who earns tenure or continuing service status also acquires a property right, or a legitimate claim, to the teaching position.” Depending on the state tenure can be attained after the teacher has successfully completed three years in the same district. The probationary period is a period during the non-tenured teacher is seeking tenure. During probation period, a teacher is offered a 1 year contract that is renewable each year if the school board elects to renew. A district can decide to dismiss a probationary teacher during the contract period; provisions are required such as giving notice, cause, and a formal hearing because the teacher has property right for the rest of the contract year. “Dismissing a teacher for cause is a serious matter.” The benefit of tenure is that the teacher cannot be dismissed without a formal hearing and presentation of sufficient evidence to meet requirements. “Tenure laws include grounds for dismissal in virtually all states.” A board of education may dismiss a teacher for almost any reason, so long as the reason is valid and meets due process requirements. Reasons for dismissal are incompetency a lack of skill or inadequate knowledge, insubordination willful failure or inability to obey a reasonable valid administrative directive, neglect of duty, failure to execute assigned duties, immorality violates ethics of a particular community, conduct involving morality setting a bad example that is seen by others, sexual advances toward students are just a few of the reasons for dismissal.
Chapter 9 is about discrimination in employment and how it is applies to working Americans. The first part of the chapter describes Title VII and what it provides. It states that, “It shall be an unlawful employment practice for any employee:” to not hire or to accuse an individual of an action simply because of personal differences such as race, color, religion, sex, or national origin. An employer may not limit or separate his or her employees based on personal differences such as those listed previously. Title VII was amended by the Civil Rights Act of 1991 and provides for compensatory damages, punitive damages, and jury trial in cases involving intentional discrimination. In order to claim discrimination a complaint must be filed within 180 days of the said discrimination.
ReplyDeleteOther parts of the chapter that I found important were the qualifications for employment and it lists the factors that can allow an employer to be exempt if an undue hardship is involved in making a reasonable accommodation. The guides were very helpful and talked about Americans with disabilities, racial discrimination, religious discrimination, and age discrimination. This section clarified the discrimination that employers need to be cautious of.
The last part of the chapter that I found very helpful was the Practical tips. The “Do Not” list was also helpful and some of them had never crossed my mind as something I need to be aware of as a teacher.
Chapter 10 is about teacher freedoms in the public schools. This chapter refreshed my memory about the two types of due process: procedural and substantive. Procedural due process means that when a teacher is deprived of life, liberty, or property, a prescribed constitutional procedure must be followed. Substantive due process means that the state must have a valid objective when it intends to deprive a teacher of life, liberty, or property, and the means used must be reasonably calculated to achieve the state’s objective. Teachers also have the right to freedom of expression, within the limits, and can enjoy the same rights and privileges regarding speech and expression as other citizens. Outside of school, teachers can talk about issues that interest themselves and the community, even if the ideas do not agree with the school’s.
The “Guides of Teacher Freedoms” was helpful and gave a good review of what we have been taught in all of our education classes.
Chapter 11, “Tenure, Dismissal, and Collective Negotiations,” is about how teachers are protected. The text states that, “The tenure contract is designed primarily to provide a measure of security for teachers and to ensure that they are protected from arbitrary and capricious treatment by school officials.” Before reading this chapter I was unaware of what a “tenure contract” was.
I also found the “Teacher Evaluations” section to be very helpful because it talked about how teacher evaluations work. I did not know teachers have the option to seek another evaluation by a different supervisor if the teacher believes the evaluation was unfair. The rest of this chapter discussed the responsibilities of a teacher and their duties and morals that should obtain.
Chapter 9- In chapter 9 it talked about Discrimination in Employment. In the world that we live in today, there is so much discrimination that keep people from getting jobs or even being part of a group. Title VII states "It shall be an unlawful employment practice for any employee to fail or refuse to hire or to discharge any individual or otherwise to discriminate against any individual with respect to his compensation, terms and conditions or privileges of employment, because of such individual's race, color, religion, sex or national origin. As teachers we teach our students to not judge other students and not to talk poorly about other people and what they believe in. So as a school system we want to show the same thing to our students and let them know that we do not discriminate.
ReplyDeleteChapter 10 talked about teachers freedom. It talks about Freedom of Expression and how yes, we have the first amendment right but it does limit us. I think everyone should know what should be said and what shouldn't be said. There are some things that are better unsaid. When it comes to politics, some people will judge that person and refuse to have their child in a certain classroom. I think it is best if everyone (teachers) know what they should say and what they shouldn't say. When it talks about dressing, I understand we should dress up to look professional, but why can't we wear what we're comfortable in such as jeans and a t-shirt if it is appropriate. But rules are rules.
Chapter 11 is Tenure, Dismissal, and Collective Negotiations. Tenure contract is designed primarily to provide a measure of security for teachers and to ensure that they are protected from arbitrary and capricious treatment by school officials. I knew what this was before reading this part in the chapter, but I enjoyed reviewing it again. This chapter also talked about being dismissed from a school. One that I know had happened to a student, was the student and teacher relationship. We as teachers are suppose to be there to teach them and not to be more than that. I think some people tend to forget this and become friends with their students through social networking. I really enjoyed reading these three chapters and learned so much! I really do enjoy this book.
I agree, I think chapter 10 makes it very clear that while we have many freedoms in our classrooms we still have bounderies that we cannot cross. I have to agree with you again about the dress code. I personally think that as long as what someone is wearing, whether it is a nice pair of blue jeans (dress blue jeans) or a pair of slacks, as long as their clothes aren't too tight and are not revealing then their clothes are fine. However, as you said rules are rules and the dress code is definitely a rule that we must follow.
DeleteChapter 9 I felt was a lot of review for me except a couple of areas such as sexual harassment. I was not aware that sexual harassment laws were not implemented until 1980. I also was not aware of the many different types of harassment there are. Chapter 9 also talked about how companies cannot refuse to hire someone if they can complete the tasks of the job efficiently, but I was wondering who decides if they are completing those tasks up to standard? This chapter did a great job of showing the relations of all harassment and discrimination.
ReplyDeleteChapter 10 was very informative to me because I have been curious about how the state/district would handle teachers that act as a bad role model in public (not in the school). I think it is very hard to have a private lifestyle these days because of the internet and how many people access it. I am not sure how teachers can always be good role models for children and still live their lives the way they want to live them. This chapter also discussed dress codes and religion, I did not know it was an issue to wear religious symbols into the classroom. I believe this is not ethical, but if questioned about it the teacher could simply say it is a symbol that means something important to me rather than "forcing" beliefs onto anyone.
Chapter 11 was also very informative because even though I had heard a lot about tenure, I never knew exactly what it entitled. Tenure is a contract that provides security for teachers that have worked a certain amount of years and have proved to be efficient in teaching. I believe tenure could be a good or bad thing, depending on the teacher. Some teachers may work their hardest until they receive tenure then slack off because they no longer have to meet as many requirements or prove themselves to anyone. I believe teachers are in this job for the outcome of students so I would highly doubt many would not be effective, but it is nice to see that we have security as long as we are making a difference in our students.
Chapter 9 of the School Law book discussed the different types of discrimination and laws’ governing what classifies discrimination. I think that it is important to be aware of these laws because of how discrimination affects everyday society. I really like how this chapter discussed what the Family and Medical Leave Act (FMLA), The Americans with Disabilities Act (ADA), and what sexual harassment are. The chapter further breaks down those issues with guidelines.
ReplyDeleteChapter 10 of the School Law book took a look at what freedoms teachers have and where the boundaries lie in regards to certain issues. While reading this chapter, I found it helpful that the book outlined some things that were best left unsaid and the importance of not mixing personal/private statements with statements associated with the school board. It is also important to be aware that as future teachers we have a huge impact on our students.
Chapter 11 of the School Law book goes over what tenure, dismissal, and collective negotiations are. I really like how this chapter explains what goes into negotiations and how tenure works. I find that it is important for others to understand that if a district has to cut jobs that everyone is affected regardless if they are tenures or not. The dos and don’ts of tenure, dismissal, and collective negotiations are provided at the back of the chapter.
I felt that all of these chapters were very helpful and they are important to know as future teachers. I felt that chapters 10 and 11 were very helpful because it provided me with information that I had minimal knowledge of.
I also think that it is important to be aware of all of the different laws. It is really important as a teacher to know them because you need to know the boundaries. I agree future teachers, teachers in general, make a difference. I think it's important to realize this and to be the best that you can be.
DeleteChapter 9 – Discrimination in Employment
ReplyDeleteThis chapter covers many items that fall under Title IX and Title VII of the Civil Rights Act of 1964. Including employment discrimination based on race, color, religion and gender. I really like that there was a section for each type of possible discrimination, then followed up with guides to use for easy reference points. Most of the stuff I have seen in other positions of work, and when I was a manager for a company for many years I had to train our staff on these items, especially sexual harassment. This was a great refresher chapter for me, and very important information to understand.
Chapter 10 – Teacher Freedoms
This chapter spoke of constitutional rights of teachers and the importance of towing the line when implementing personal opinions in your classroom. The freedom of expression and association are two key items that I feel are extremely important for teachers to abide by. The students that we are teaching are very impressionable and our position is a “role-model,” so we need to think about what we are discussing to make sure that the information is appropriate for our students. I personally, have a problem with teachers that vocally publicize their private lives out openly – especially ones who discuss items such as drinking heavily. I have a hard time thinking I would be a good role model if I am trying so hard to teach my students the right from wrong, yet I was constantly doing the things that I am asking my students not to do. We need to keep in mind that everyone is watching us closely, and they need us to be leaders. We have the right to lead our lives the way we want to, but we do have to remember that we have kids counting on us, and they do look up to us – so don’t let them down.
Chapter 11 – Tenure, Dismissal, and Collective Negotiations
Teachers who have worked 3 successive years in the same school district are under the term of tenure. This is where the teacher has secured a position within the school district and can’t be released without due cause. Due cause could include insubordination, incompetency, neglect of duty, or bad conduct involving a minor. The guides and practical tips at the end of the chapter provides good do’s and don’ts for me to look up if I am not sure on the rules.
Stacy, I completely agree with your position that teachers need to be 'role-models' and be aware of what is appropriate and not appropriate to discuss with their students. As you mention, the drinking example is a good one. Often times, it seems that in education the professional code is more 'relaxed.' Coming from my personal background in corporate America, discussion of such topics at the workplace could possibly be grounds for termination. There is an important distinction that teachers need to realize, especially at the middle school and high school level, that they are professionals and are to serve as objective role models. Additionally, with technology playing such an influencial role in both our professional and personal lives, I think teachers need to walk a tight line in what is appropriate and inappropriate to share with students via Facebook, Twitter, etc or reserve the right to NOT share with them at all.
DeleteChapter nine discusses the important issue of discrimination with respect to employment. The chapter in detail discusses the federal regulations that protect individuals from being discriminated against based on race, sex, religion, disability or national origin. Additionally, this chapter discusses the processes in which an individual must go through in order to pursue a discrimination case. It is important to understand that the plaintiff is required to provide initial proof of discrimination. The most important parts of the text, that I felt were pertinent to me were the topics of pregnancy and sexual harassment. As a mother of one and hopefully, wanting to expand my family someday, I found that I am protected under legislation and that I cannot be discriminated against in the hiring or retention of a position. Pregnancy is treated as a temporary disability and after 12 months of employment within a district you are entitled to take advantage of FMLA. Sexual harassment is a hot-button issue in schools and this chapter outlined the technicalities of what is sexual harassment. First and foremost, this chapter points out it is imperative to understand your school and district policy regarding the topic. Once that is understood, it is imperative to always report and not ignore suspected violations.
ReplyDeleteThe next chapter, chapter ten, discusses the rights and freedoms that teachers are entitled to in and out of the classroom. Free speech, which is protected under the First Amendment has been a controversial topic regarding teacher’s rights. It’s important to understand that teachers within the classroom are entitled to freedom of speech, however “limited to the requirement that speech does not create material disruption to the educational interest of the school district.” More importantly, it is critical to not that freedom of speech outside of the classroom, specifically when discussing issues that the school district may not agree with, teachers must identify they are speaking as a ‘private citizen.’ This chapter also looks the protection of academic freedom, freedom of association and political rights of teachers. All of which are protected, however the degree in which they are allowed may vary based on grade level and to the extent or extremity in which you are exercising the right. One of the interesting topics I found within the text was the section about ‘Dress and Grooming.’ Legislation represents that “dress codes must be reasonably related to a legitimated educational purpose that must be justified by standards of reasonableness.”
The final chapter discusses one of the most controversial topics in teaching today—tenure. Tenure was ultimately created to protect capable teachers within their positions and to ultimately benefit students. Tenure typically is required after a teacher completes three consecutive years within a district and is offered a letter of reemployment. However, during this probationary time (the first three years), it’s important to note that a teacher may be denied renewal without cause. Therefore, when a first year teacher is offered a position, the contract technically represents that there should be no expectation for employment beyond the contract year, no right to be provided reasons for nonrenewal, nor right to due process and no hearing. The contrast to a probationary teacher and a tenured teacher is that tenured teachers can only be dismissed for cause, which includes; incompetency, insubordination, neglect of duty, immorality, conduct involving morality and sexual advances toward students. Finally, this chapter looks at the collective bargaining process between the teacher’s union and the school board within each district. Typical issues that are negotiated in collective bargaining range from word day, school teaching workload, extra duty assignments, leaves of absence and other fringe benefits.
Chapter 9- Discrimination in Employment
ReplyDeleteThis chapter highlighted the various types of discrimination that may occur in any place of employment, not just schools. There were several laws that were discussed in the chapter, included Title VII, Title IX, The Rehabilitation Act of 1973 and the Americans with Disabilities Act. I was familiar with all of these acts of legislation, but this chapter was a great review of all of them and explained each act of legislation in great detail. Although I had a shallow knowledge of everything that was mentioned in Chapter 9 (discrimination against religion, race, gender, people with disabilities/handicaps and women who are pregnant), I feel that the text gave a lot of information on specifics that I might never have known, like the process of how an employee and/or employer has to go about proving/disproving an incident of discrimination. The sections that I always appreciate the most in this text are the “Guides” sections and the “Practical Tips” sections, because they do a good job of summing up the different concepts and ideas of the chapter.
Chapter 10- Teacher Freedoms
After I finished reading this chapter, I came to one conclusive thought on how to summarize it: as teachers, we still have the right to enjoy our constitutional rights and freedoms, but we must be careful. As the text said, teachers are still human beings, still citizens of the United States. We have the rights to live our own lives and be “normal.” However, we must do all of this with a high level of discretion and keep in mind that we are seen as role models in schools and in communities. Although we have the freedom to associate with whatever religion we wish or support whatever political party/campaign we want to, we should always clarify that those beliefs are personal and that they must stay out of the classroom and our instruction. Teachers must also be careful to make it clear that any opinion statements on politics, religion, community issues or social issues are personal statements and do not reflect on the opinions of the school district and school board. A lot of this may seem like common sense to us as we read it, but as the media loves to remind us, teachers slip up, often times unintentionally. To sum up the entire chapter: BE CAREFUL.
Chapter 11- Tenure, Dismissal, and Collective Negotiations
The first part of this chapter was about tenure, a concept that I believe has both positive and negative aspects. On the plus side, it protects good teachers from being dismissed unfairly or without reason. Once a teacher has achieved tenure status, it is much harder to dismiss the teacher based on petty or biased reasons; there must be proof of a justifiable cause to release a tenured teacher. However, on the negative side of things, a teacher may feel as if it is acceptable to slack off or lower expectations and standards once tenured status is achieved. Therefore it can enable ineffective teachers to keep their positions and continue to teach ineffectively, which of course will have an impact on the students. The text also discussed teacher evaluations and causes for dismissal of teachers. I think that teacher evaluations are definitely necessary in order to determine a teacher’s effectiveness and competence, but I think that what has happened in the current education system is that those evaluations are being too tightly tied to scores of standardized state assessments. As for the section on the causes for dismissal, I think the message is similar to that of chapter 10: be careful. A teacher should use good judgment, have a sound moral code and always place the concerns of the students ahead of personal concerns.
I agree with your statement about chapter 11. I have seen first hand the effects of a teacher who has made tenure and does not quite do the job they should be. A fourth grade teacher last year created a buzz when her students would be roaming the halls, they watched a lot of movies, and had a lot of recesses. This year that same group of kids' knowledge shows from the previous year. They try to get out of class, they are slow moving, and they don't quite know the same information as students from previous years. I don't know if this is all the fourth grade teacher's fault but I don't think a teacher should let the education of students go because of their feelings about teaching. It affects more than just the one year.
DeleteYes, the statement about teachers who make tenure and then don't do what they should be should have repercussions that are when tenure should not be allowed or there should be limits to what it can do! I do think teachers need to be protected but have to ask to what extent? It is like parents who are neglectful who pays the price, the children.
DeleteChapters 9, 10, and 11 gave me a lot of information to think about. Chapter 9 dealt with discrimination in the school. Most of the information in this chapter I am familiar with because many of the topics discussed is similar with discrimination in other jobs.
ReplyDeleteI enjoyed chapter 10 because it dealt with teacher freedoms. One thing specific I learned was that it is important to understand as teachers we also have freedom of speech but that the position we hold does hold us accountable for what we say. To some extent we must separate certain statements from our professional lives in order to free the school from responsibility of our statements. The important thing to remember is that as a teacher we must maintain a professional look from inside to outside at all times.
Chapter 11 was also important to me. I have always been concerned with tenure within a small school where teachers get moved around quite a bit depending on the students coming into that grade. I learned that it takes three years to become tenured although you still have to go by seniority, etc.
All in all these three law chapters were easy to read and understand and I feel I have a better understanding of the content.
Chapter 9 talks about discrimination in employment. I found this chapter very interesting. I like how discrimination is not tolerated. I really appreciate that sex or a disability can not be held against you. Race, religion, and age are also covered. I found it really interesting that women were once discriminated against because they were pregnant.
ReplyDeleteChapter 10 discusses teacher freedoms. Teachers have freedom of expression, academics, and association. When it comes to dress. School officials say what goes and what doesn't. It's important for a teacher to dress professionally. Teachers also have the right to privacy and the right to choose their religion.
Chapter 11 talks about tenure. Tenure is a measure of security for teachers. This chapter also discusses nonrenewal. This occurs when a teacher's contract is not renewed. This chapter talks about all of the ways teachers may mess up. I think this chapter really lets you know the wrong and rights of the job.
We as educators have many rights, but also we must remember that even if teaching is our passion it is still a job/career and behaving as a profession is very important.
DeleteI think the most informative chapter, out of these three chapters, is chapter 9, the discrimination chapter. I think it is very clearly written that we will be protected from being discriminated against when seeking out employment.
Chapter 9: This chapter talked about discrimination in employment. There is so much discrimination in today’s world. People are not getting hired for a job because the staff hiring are finding something about that person to discriminate them against with. This is totally unfair. People should not not be hired for a job just because of their age or skin color. I know there is a ton of discrimination in the world and there will always be. But I do believe that there is less of it now then what there use to be back in the day. Most of this chapter was a review for me but I wasn’t quite sure on the pregnancy and public school employment. Just because a person is pregnant doesn’t mean they shouldn’t be hired to be a teacher. Obviously they love children so they would be great for the job. Also it really surprised me that sexual harassment wasn’t included in Title VII until 1980. I think that is really late because back then there were a lot of sexual things going on. I liked how it talked a lot about sexual harassment because it is one of the most important things in today’s society. I really liked how it gave tips on what to do and what not to do concerning sexual harassment.
ReplyDeleteChapter 10: This chapter talks about teachers freedoms. What exactly the teachers freedoms are and what boundaries they also have. We all know the First Amendment of the Constitution and how it says we have the right to freedom of expression but we also all know that we have a limit to this amendment. We can’t just go out there and say whatever we want because sometimes what we say may land us in jail. So all though it says freedom to expression there is line we can’t cross and to be a good American you shouldn’t want to cross that line in the first place. Dress and grooming was interesting to me. I believe that teachers should have a certain dress code in their schools because we are all role models to our students and we don’t want to go showing up for work like we are working a strip club or somewhere. We wouldn’t want our students to be dressing that way either. So with this chapter yes we have freedom to things but we also need to remember that we are role models for our students so we should act and look the way we want our students to act and look.
Chapter 11: This chapter talks about tenure, dismissal, and collective negotiations. Tenure is a contract that provides security for teachers that have worked a certain amount of years and have proved to be efficient in teaching. I have heard about tenure before and had some prior knowledge about it but it was nice to read more about it and understand what exactly it is. This is good for teachers to have security to their teaching. All their hard work has paid off when they get that tenure but after receiving it will they then slack off because they have nothing to work for anymore? There are several things a teacher can be dismissed for. I have heard several stories about teachers being involved with their students sexually. We are there to educate our students and help them with a brighter future and nothing more than that. I really enjoyed reading these three chapters. They all educated me more about me becoming a teacher.
Chapter 9 of the Essex text describes different types of discrimination that can have occurred in places of employment, including our schools. The Civil Rights Act of 1964 forbids discrimination of race, color, religion, sex, or national origin, and the equal protection clause tied to the 14th Amendment protects us from these kinds of discrimination, as well as those pertaining to gender, age, and even pregnancy. The Americans with Disabilities Act also protects the rights of those with disabilities. It provides protection to students with disabilities, allowing them equal opportunities to education, as well as protection of teachers and other school faculty from not being hired on the basis of their disability, or to the extent of being fired for their disability. Schools are required to provide accommodations to students and teachers with disabilities so that they can be given the opportunity of an equal education and do their job effectively; however, if a teacher cannot perform his or her duties as a teacher, with accommodations being provided, this is different. The Family and Medical Leave Act, passed in 1993, allows employees the benefit of time off after child birth or adoption of a child, to care for a member of one’s immediate family who has a serious health problem, or medical leave necessary for the employee, due to a serious health issue. By 1980, Title VII of the Civil Rights Act included protection against sexual harassment for employees; our School of Law text gives quite a bit of explanation on this topic.
ReplyDeleteChapter 10 elaborates on teacher freedoms, beginning with discussing procedural and substantive due process which provides teachers’ with specific rights. Teachers do have freedom of expression, with some limits on their free speech because of their position as a teacher. Teachers should not cause negative situations or “material disruptions”. They can speak as a private citizen, having freedom of expression rights. Teachers are subjected to “reasonable considerations regarding order, loyalty, professionalism, and overall impact on the operation of the school.” Teachers are role models, and we need to conduct ourselves in a professional manner with those thoughts in mind. A certain amount of academic freedom is allotted to teachers, allowing some freedom as to how material is presented to one’s students and what approach is taken to teach the material. Professionalism extends to a teacher’s political activity, which must be limited, as well as a teacher’s dress and grooming. We need to keep in mind that we are role models to our students, and we need to present ourselves in a respectful way. This professionalism carries over to a teacher’s lifestyle choices as well; as the text says, “teachers are entitled to rights of privacy”. They do, however, need to realize the consequences of their actions and behavior, in regards to their students.
Chapter 11 of the text discusses tenure, dismissal, and collective bargaining. Tenure contracts are meant to give some security and protection for good teachers; it’s also seen as a measure of “permanency” in education, which the text suggests can be a benefit to students. When tenure is given to a teacher, this says that a teacher can be arbitrarily removed from his or her teaching position without due process of law. In some states, this is achieved after three consecutive years of teaching; before tenure, a teacher is in his or her probationary period. School boards are given quite a bit a leeway in accessing eligibility for tenure. In this chapter, the text also explains teacher evaluation purposes and procedures for executing evaluations. Dismissing a teacher would obviously be a serious situation; the text gives reasons for dismissal. These include: incompetency, insubordination, neglect of duty immorality, conduct involving morality, and sexual advances toward students. Different types of collective bargaining are discussed, as well as how it evolved through the decades and how it works.
I agree with you that teachers need to have some rights to privacy, and they also need to be good role models to our students. I think that whatever we do we need to think about what impact it could have on us and our students. And I agree that some teachers see tenure as a measure of "permanency" but that could be a big mistake.
DeleteLaw Chapters 9, 10, 11
ReplyDeleteI found these three chapters interesting and enlightening. I especially found the first chapter on discrimination to be very informative, I was actually aware of most of what this chapter discussed but I was not aware of the extent of which it still happens. This made me wonder how much people are discriminated against and really don’t know its happening. One of the parts that I found interesting was that teachers used to face discrimination for pregnancy because that is an aspect that I had not thought about, especially when there are young teachers today who are single moms and this seems to be a personal choice and it no one is bothered by it. (Maybe we are finally getting out of the ‘dark ages’) Another part that I found interesting was in the section about sexual harassment, for the most part I already knew what our book covered but the part I did not know was that if you hear someone making comments or behaving inappropriately that it can also be considered sexual harassment. The chapter on teacher freedoms I found this part informative but felt that most of it was common sense, I do like that our book made reference to making sure that if you take a strong stand on certain issues that you make it a point to let others know that it is your views not the views of your employer. I also liked that the “burden of proof” lies with the district to prove when teachers are out of line (or so they think). I do agree though that as a teacher you should not share your personal beliefs as they could be misinterpreted. And for the dress code I do think teachers should dress appropriately. In chapter eleven on tenure, dismissal and collective negotiations I feel like this is an area that can be a double edged sword so to speak. I think that tenure especially can be viewed that way because there are times I think teachers need to be protected from being fired but then there are times that I think some should be let go. In conclusion I think that teachers need to be knowledgeable about what they teach, their own rights, and how to be the best role models they can be for their student.
Chapter 9 was about discrimination in employment. There is a lot more that falls under this topic than I was aware of. In some of my previous classes we have talked about discrimination against people with disabilities. This section also talked about, and defined what major life activities are, this too me has always been confusing. It seems like there could be more to the list than is provided depending on the person. Racial, religious, and age discrimination I have heard a lot about from previous classes. I have never heard of the Family and Medical Leave Act, though I have heard of the reasons that it lists. I didn’t know that it was actually an Act that was put into place by Congress. I would not have thought to add sexual harassment to this section though it does make sense under the sexual discrimination section as the book states.
ReplyDeleteChapter 10, Teacher Freedoms, is something that has always interested me. It is really interesting to me to think about the rights that are basically altered to fit the school/district’s idea of professionalism. In the dress and grooming section, the last paragraph was really interesting to me. it was saying that the courts will not support restrictive dress and grooming codes that are unrelated to the state’s interest. This brings up the question about wearing jeans in the classroom. Why is it appropriate sometimes but not acceptable other times? As we all know, being a role-model to the students is very important for teachers, but that means outside of school too, which can be hard to do at times. Teachers have a right to privacy, but getting that I think can be really hard. I see that it can be really hard for teachers to let their personal lives stay personal with the internet, as well as in small districts if the teacher lives within the district. Though teachers are allowed their own religious freedoms, however they are not allows discriminating on other religions. It was interesting to me that we aren’t supposed to wear religious symbols in the classroom. This is a little extensive to me, however if it is in violation of the dress policy it needs to be followed.
Chapter 11 was a very informative chapter. I have heard of the term tenure, but I never really knew what exactly it was. I now understand it as a way to protect those capable teachers. It does not guarantee employment however; it does mean that these tenure teachers won’t be removed, without a due process. the objective of the tenure is, “to improve the school system by assuring teachers of experience and ability to continuous service based upon merit by protecting them against dismissal for reasons that are political, partisan, or capricious.” There is a probationary period, when the teacher is seeking their tenure. A teacher might default into the tenure position if they have taught three consecutive years in the same district and has not received timely notice of nonrenewal. Tenure is good because it secures those teachers that are doing a good job in helping prepare their students, yet it can be a bad thing because once teachers hit that tenure mark they don’t always put in as much effort as they once did because they know they are secure. To me dismissal is fairly self-explanatory topic. It can be under the topic of incompetency, which can be a broad term. Teachers can also be dismissed for insubordination, neglect of duty, immorality, conduct involving morality, and sexual advances toward students. There are a lot of reasons why teachers can be dismissed, they are all serious and should not be taken lightly. Collective bargaining tends to evoke conflict between school boards and union representatives however it should be guided by good faith effort including both the school board and the union reps, this also includes workman’s compensation, where teachers are protected if they receive a work related injury. I was unaware that workers’ compensation would be under this section.
Chapter 9: Chapter 9 discusses discrimination in employment. Statutes prohibit discrimination on the basis of sex, race, age, color or religion. The original Title VII did not apply to discriminatory practices in education until 1972. I was shocked when I read this because this seems like teachers went a long time without this act to protect them. I feel that while sexual discrimination is covered, this is the area of discrimination I feel occurs most often. The paragraph about pregnancy and public school employment was really interesting because I had often wondered what the law was on pregnancy and school. I also wasn't aware that even calling a coworker "honey" or "sweetheart" is considered sexual harassment.
ReplyDeleteChapter 10: I have often wondered how much freedom of speech a teacher has in the classroom. Chapter 10 states that within limits, teachers enjoy the same privileges as other citizens. Teachers cannot be punished for executing a constitutional right. Speech outside the classroom may upset school officials but freedom of speech is well enforced. I have never thought of academic freedom as a factor in the classroom, but after reading chapter 10 I learned that teachers are not givens as much freedom on what to teach as originally purposed. I feel like teachers should dress professionally and I am a staunch believer that first impressions mean everything. Also, if you dress well, you feel well and I think many teachers get their foot in the door by making a good first impression. A teacher's right of privacy is to be respected and I also think that is really important.
Chapter 11: Tenure is something that I feel is good because it secures a teacher's job. But teacher's who are granted tenure might stop trying when they do because they may feel that they don't need to put out the effort anymore. The typical time it takes to receive tenure is 3 years. Most schools have policies for teacher evaluation that assess teacher's effectiveness and provide guidance and direction for improvement. Dismissing a teacher for a cause is very serious. I think that teacher's must do something really bad to be dismissed after being tenured. Teachers could be dismissed for incompetency, insubordination, neglect of duty, immorality, conduct involving morality, and sexual advances toward students. My friend's dad is receiving workman's compensation because he was injured on his job. I really enjoyed the practical tips at the end of each chapter and could really use them in the real classroom setting.
As with the other chapters I have read in the Essex text, I found these three enlightening. I have many questions and some of them were addressed by these readings. Chapter nine focused on employment discrimination. Most of this information was not too new or surprising to me. The sections on sexual harassment and discrimination based on age and ability were mostly full of information that I was at least partially aware of. What was new information to me was the FMLA section. I knew of the act and kind of knew some of the provisions but until I began working for the district I work for now I never worked for an employer that was covered by the statute. It is kind of a relief to read some of the rights afforded by this act. The information in chapter ten was by far the most interesting reading of the week. It was very important to me to read that most of my personal freedoms will be unchecked by my position as a teacher. Conversely it was also important for me to read that we are held to a somewhat more rigid standard by virtue of the professionalism demanded by our positions. I am personally very behind the need for educators to remain as neutral as possible during the school day both religiously and politically. I have had many teachers who were not exactly that and I have been in classrooms where this was to the detriment of the openmindedness of the student body. I also am a huge defender of the choice to do whatever I feel is right after hours as long as it does not impair my ability to teach. I also like the next chapter’s information on negotiated agreements and tenure rules. I have always had a lot of questions about these subjects and the authors did a good job of explaining some of these things.
ReplyDeleteElle,
ReplyDeleteI was also not aware that calling a coworker "honey" or "sweetheart" constituted a form of sexual harassment. At one of my former jobs, the owner always called the girls "darling." According to Title VII, I guess all of us girls were sexually harassed. I concur with you on the fact that first impressions determine what people think of other people. When I see teachers walking around in t-shirts and shorts, I see them as a joke. How am I supposed to take someone seriously when they dress like one of the students? I feel a sense of accomplishment when I enter a classroom dressed professionally. Students see well-dressed people as individuals who are in charge. Furthermore, I actually enjoy wearing dress suits. I am so used to them because I always had to wear them to academic tournaments.
Elle, I did not know that either. I have been working in the school for 11 years. I better stop being so nice! I am from Texas and the first couple of years I was a Para people laughed at me for being so sweet and talking that way, but I had know idea that it was that serious. I agree with you on the dress thing as well. I have had people tell me that I dress better than the teachers and I am "just" a Para. I told them no matter what job I am in I will always represent myself in a professional manner.
DeleteI too was unaware of the "sweet names" being harrassment. That really caught me off guard but it also makes sense. I also work in a school right now as a Para and I dress more professional than some of the teachers and I really think of them as a "joke" for what they come to school in. I do not know their financial status but I do know that coming to school as a teacher and as a leader to these children, you need to come looking professional and set an example for the future generations!
DeleteIn Chapter 9, there was a lot of interesting information. It was about discrimination in the workplace. This chapter is very relevant to me because, like all of the teacher education candidates, I will be entering the workforce soon and will need to know this information. It talked about the different types of discrimination. For example, religion discrimination, sexual discrimination, racial discrimination, and others were all talked about during this chapter. I also liked the section on pregnancy and public schools. I am sure that that will be in my future down the road at some time, so that is nice to know. The end of the chapter talked about the ins and outs of sexual harassment and what can be done to not make this a problem.
ReplyDeleteIn Chapter 10, it focused on teacher freedoms. There were a couple of main “freedoms” that were mentioned in this book. They were: substantive and procedural considerations, freedom of expression, freedom of association, political rights, dress and grooming, right to privacy, and religious freedom. Many of these are probably familiar to all of us, but some of these I had never really thought about. So, this chapter served as a reminder to me, but also enlightened me on a few that I hadn’t really taken the time to think about which was really nice. At the end of the chapter, it had a list of “dos” and “don’ts” that I found extremely helpful. It really broke things up and made them very understandable. Overall, this chapter was very interesting and had very helpful information in it.
In the last chapter, Chapter 11, it was based on tenure, dismissal, and collective negotiations. I thought out of the three chapters assigned, this one had the most unfamiliar information to me. I had heard all of the terms before, but this chapter really explained what they meant and how to deal with it if I was in that situation. The one part that I found the most interesting and informative was on page 167, where it talked about the difference in private sector and public sector bargaining. I never really knew what that meant. This section really explained it, but also pointed out the differences between the private and public parts. I really learned a lot from that section. Overall, this chapter was very informative and worthwhile to read. I think that every student teacher should have to read this entire book, understand it, and be ready to implement it if needed, before going out into the field on their first day as a teacher.
Chapter 9 discussed Title VII and how it protects individuals from discriminatory action in the work place. The author also mentions that it did not include educators until the statute was amended in 1972. This entire chapter is important not only for teachers but all working persons. The author provides information on all areas where one may be discriminated against and as a female it is important that we have this knowledge and know how the process works in case anything were to ever happen. I also like that the chapter discussed sexual harassment, some of the things that were mentioned were not things that people typically think of as sexual harassment. This chaptered helped draw lines where information had been a little fuzzy in the past.
ReplyDeleteI have a question about the sections discussing pregnancy and the Family and Medical Leave Act. We discussed these topics in my women and leadership class last week and how some employers will still find other reasons to replace a female employee when she has a child. I know this is not as common in education because most elementary educators are women, but is this legal? I know it happens, but I just do not understand how it can.
Chapter 10 discusses teacher freedoms that we are granted. As any United States citizen is allowed freedoms in this country so are teachers; however there are certain limitations or policies that teachers must abide by when expressing these freedoms. When it comes to freedom of speech teachers are allowed this right as long as it does not interfere with instruction. When educators exercise the right to free speech outside the classroom, they must identify themselves as private citizens and not employees or affiliates of a certain school. The chapter also mentions academic freedom which encompasses a teacher’s right to teach and a student’s right to learn. Teachers are allowed political and privacy rights as well as religious freedom. Under religious freedom teachers have the right like any other U.S. citizen to practice a certain religion as they please. However, in the public school system they may not teach religion or attempt to persuade them. Religion can be discussed for educational purposes, for example in a social studies class, but it cannot be taught.
Chapter 11 discusses tenure, dismissal, and collective negotiations. Each state has the ability to set the limitations on tenure and how long a teacher must teach before he/she receives tenure. This is something that has become a hot topic in education today. The issue of older teachers who are tenured and continue to teach the same way they did when they began 40 years ago is not unheard of. Others bring up that the time that teachers must teach before becoming tenured is not long enough – in many states it is only 3 years. Many people do not agree with the concept, but for teachers it means job security which with our current economy is essential.
Chapter 9 discusses the many types of discrimination in Employment. Some include racial, religious, sexual, and age discrimination. We learn about Title VII: Discrimination; the Civil Rights Act of 1964. We also learn about the Disabilities Act and the qualifications for employment. Sexual harassment is also brought up in this chapter and discussed very well. This chapter includes some helpful guides to remember the different types of discrimination and harassment. One thing I particularly like about every chapter in this book are the "do's and do not's" that the chapter lists for us for practical tips to go by. Some of the "do's" of this chapter include: "Do make certain that you clearly understand, in terms of their impact on your employment, all federal and state statutes banning discrimination. Knowledge of federal law protects teachers from treating students in an arbitrary and capricious manner and from similarly being mistreated by employees." Some of the "Do Not's" include: "Do not ignore the fact that sexual harassment is a form of discrimination. If it involves teacher-student relations, it may result in serious disciplinary consequences including dismissal."
ReplyDeleteChapter 10 is labeled, "Teacher Freedoms." I didn't really know what to expect with that title as a chapter so I was very interested in reading this chapter for the simple reason of, I had no idea what to expect except maybe our rights? I was kind of right. This chapter talks more into our freedom of expression, freedom of association, political rights, right to privacy, and religious freedoms. Before this chapter, I already knew what these different freedoms meant, but I guess I never really looked at them from a teacher's point of view. What does that mean for me now? How does this change my outlooks now? These are just a few of the questions I found myself asking. The guide to teacher freedom on page 150 is a good read.
Chapter 11- Tenure, Dismissal, and Collective Negotiations
To be honest, I had no idea what the word 'tenure' meant before this chapter, nor have I ever heard it. It is nice that the text addresses this word and teaches us about it. This chapter was important to me because I learned new things that I never was aware of. It is nice to read about financial exigency, incomptency, insubordination, neglect of duty, and immorality. I like that the text outlines the different things that we should not do and explain each of them. I had also never really looked into the meaning behind collective bargaining and the difference it made if you were in a private sector versus a public sector.
Chapter's 9,10, and 11 addressed many topics I was unaware of and went more into depth of the issues I may have been aware of but just didn't know that much information about. It was a really great read for me.
Chapter 9 - Discrimination in Employment
ReplyDeleteThis book teaches me something new every time I open it up. I wasn't aware that there were so many ways that we can be discriminated against in the work place. This book explains to us why it is important that we know our rights as employment seekers. I found this chapter to be very informative about the laws that protect me from being denied employment because of my religion, gender, race, or my age. The law I was least familiar with in this chapter was the Pregnancy Discrimination Act of 1978. I know many women teachers who have been pregnant at some point during the school year, taught up to their due date, went on maternity leave, and, depending when they gave birth, would return to teaching before the school year ended. I always wondered about how the rights of pregnant teachers came to pass; maternity leave and job protection.
Chapter 10 - Teachers Freedoms
I really liked this chapter. I always felt like teachers were held to a higher standard because of how much they influence their students. Teachers have to be constantly aware of their actions, who they associate with, what they wear, etc. I know with today's social networking, facebook for example, teachers have to be extra careful about what information and pictures they share on their pages and the internet.
I always wondered about what rights teachers have when it comes to wearing religious clothing in the classroom. I went to school with a Muslim student many years ago and wondered if Muslim teachers had the right to wear their hijab in the classroom. I don't really know how I feel about it being up to the school to decide whether or not this is appropriate. I understand that we can influence our students, but I think we still deserve the right not to violate our religion.
Chapter 11 - Tenure, Dismissal, and Collective Negotiations
I think this chapter was very informative about the job security we have the possibility of earning during our teaching careers. However, while we are given a permanent position because of our abilities as a good teacher if we receive tenure we can still lose our jobs and that there are still do's and don'ts that we must follow. It is important that we a future teachers know that we can earn job security for being effective and competent educators.
This is a great book and I look forward to reading more about the laws that affect us as educators, our students, and the schools we work in.
Chapter 9
ReplyDeleteDiscrimination in Employment
Under this heading I was surprised to see more than what I would consider discrimination. First, the chapter talks about the typical discrimination policies and Titles referring to religion, color, race, sex or origin. Protection for those with disabilities through the Disabilities Act, age and sexual discrimination are also discussed. However, I was surprised to see Family and Medical Leave Act under this heading but as I read it made sense. My mother is living with me and is dying of cancer. I just inquired about FMLA at my school and the HR person seemed a little turned off when I was asking about it. So it is good to read this to know my rights.
Chapter 10
Teacher Freedoms
I think that freedom of expression and speech is really a fine line and I am sure most of you would agree. As the book states, “Generally, a teacher’s freedom-of-expression rights are protected. They are, however, subject to reasonable considerations regarding order, loyalty, professionalism…” (Page 146). I will have to say that I really struggle with the section on Dress and Grooming. There is a teacher at our school that dresses like she is going out on the town and the high school kids even think she looks ridiculous, if that paints a clear picture in your head. How can this be her personal right when it affects my teenage son and the married men that work with her? It is funny a teacher has the right to dress like that but I don’t have the right to wear religious “garb” as the book states. That seems a little wrong to me.
Chapter 11
Tenure, Dismissal, and Collective Negotiations
First off, I love the statement on page 158, “Tenure is not designed to protect teachers who are inept or ineffective, but rather those who are competent and effective.” How many times have you seen this not work? There is a teacher who did not deserve tenure and she received it at our school and promised to change. The principal left, a new one came in and he did not want to address it, and another principal came two years after that. Ten years later she is still here and things are not any better. All the parents hate it when their children have 7th and 8th grade English because they know what their child is getting for a teacher. So many times I have heard she is tenure there is nothing you can do. I have not really seen tenure work in any other way like a teacher being wrongly accused and tenure saved their job, but I am sure that there are many cases like that. So for that I am thankful for tenure but I will be glad when something is put into place to make sure a teacher is not teaching for years that doesn’t belong in the teaching field.
Hi Christine,
DeleteIt is very unfortunate that your children have a teacher at their school that does not know how to dress professionally. I imagine it must be very distracting for the children and parents. Have people discussed this issue with the principal, or sent a letter to the school board?
Good post.
Rebecca Reddin
Chapter 9 is about employment discrimination in the field of teaching. Sexual, racial, religious and age are a few of the discriminations discussed. A teacher cannot be turned away from a job because of their sex; i.e. if a male wanted to teach home economics and a female wanted to be a shop teacher, then neither could be denied the position because of their sex. The part of the chapter that stunned me is the fact that there has to be an act to protect pregnant teachers. Female teachers cannot be forced to quit their jobs because they become pregnant. The Pregnancy Discrimination Act was put into effect only 7 years after I was born. This type of thinking seems so archaic to me, but I guess it really was in sync with the thinking of a lot of people back in that time period.
ReplyDeleteChapter 10 is in regards to the freedoms teachers are entitled to. I am completely in favor for teachers being allowed to have freedom of speech to support their causes; as long as they make it known their view is theirs alone and not associated with the school district. The cause also must be one that portrays the teacher as a good role-model and as a representative of a moral cause. I am mixed on the section about the wearing of religious garb by school personnel. As some people are, unfortunately, in my opinion, fighting to take God out of the Pledge of Allegiance, then others should not be allowed to wear clothing that represents their religion. It cannot be take one away and leave the other, but rather, if religion is to remain out of the schools then it should be for all. For example, if a girl/woman is not allowed to wear her hijab, then another person should not be allowed to wear their cross around their neck. This would be disheartening to me, but it would only make it fair for all.
Chapter 11 discusses the process of becoming tenured. A teacher may become tenured after 3 years of teaching in the same school district. The teacher must also be a successful teacher in order to become tenured. A teacher can still be fired if they are tenured, but the school board has to provide proof before a teacher can be let go. If a teacher is not tenured and the school needs to make changes, or the teacher is simply not performing up to par, the school board can let them go without having to back up their decision. I think tenure is a good provision to have for teachers and the school board. Teachers are protected and cannot be let go simply because the new principal does not like her/him. Since the school board has to provide substantial proof in order to release a tenured teacher, this evidence it will also protect them because it will back up their decision.
Chapter 9 - This talked of discrimination in the work place. I don't think this chapter provided a lot of insight into things. This is stuff that has been talked about forever. It will be nice to have a quick reference at my finger tips. I did learn that they use to force teachers to retire at a certain age.
ReplyDeleteChapter 10 - I found this one to be interesting. I was wondering what it would say about teacher freedoms, because sometimes it feels as if we have to bit our tongues. It was nice to learn that we are free to say and do what we want, even if we disagree with the district. As long as we say that we are not speaking for them. Even though we have this freedom, it does not mean that we need to disagree with everything that is being said and be verbal about it. I feel that we need to be respectful of situations and be aware that people are watching us.
Chapter 11 - I think this was my favorite chapter because it is more than likely what we will encounter as we start work. I liked that tenure was explained and that it was stated that even though you are in tenure you can still be let go as long as there is a valid reason. The term I did not care for was incompetency. This word is used to cover so many different topics and I think they should remove the heading and just state the reason.
Chapter 9-Discrimination in Employment
ReplyDeleteThis chapter showed all sorts of different types of discrimination. They showed discrimination in all sorts of types of employment, not just in schools. Some of the laws discussed in the chapter include Title VII, Title IX, Rehabilitation Act of 1973, and also the Americans with Disabilities Act. We’ve gone over several of these laws in other classes and I’ve learned a lot about discrimination through learning about those. The chapter also went over discrimination of race, gender, social status, etc. This is good information to have when getting a job, or when hiring people if ever an administrator.
Chapter 10-Teacher Freedoms
Teachers have the same rights as all other people. However, being in the “limelight” constantly has a huge effect on our job security and our constitutional rights. It’s important not to exercise your freedom of speech over your students in an order to influence them. It’s also important not to influence students on the issue of religion. But it’s also important to remember that, as human beings, and citizens of the United States, we have the same unalienable rights as any other group of people.
Chapter 11-Tenure, Dismissal, and Collective Negotiations
Tenure is a way for experienced teachers to keep their job, and not risk getting dismissed for petty reasons. This process has definite positive, and negative aspects. One bad thing about this process is that tenured teachers can feel like they can just slack off, due to the fact that it would be difficult for them to get dismissed. Also discussed was the teacher evaluation process. This process evaluates teacher effectiveness and means to figure out if that teacher needs to keep his or her job.
Chapter 9-This chapter was about various forms of discrimination teachers endure. Title VII was part of the Civil Rights Act of 1964. It prohibits discrimination based on race, sex, color, natural origin, and religion. Title IX is a product of the Education Amendments Act of 1972. It prevents discrimination based on gender. The Supreme Court created a three-step procedure for deciding whether a victim has a valid argument under Title VII. Step 1: The plaintiff is responsible for presenting incriminating evidence that the defendant intentionally discriminated against them. Step 2: The defendant must argue that their actions were not discriminatory in nature. Step 3: The plaintiff again must show that the defendant’s actions were a malicious intent to deprive them of an equal opportunity for employment. Step three is only necessary if the defendant can successfully prove that the plaintiff’s claims are factious. Despite being targeted for their race and gender, teachers also find themselves being discriminated against because of their disabilities, age, and religion. Important laws like The Americans with Disabilities Act, Section 504, the First Amendment of the Bill of Rights, and the Age Discrimination Employment Act of 1967 protects teacher’s rights. Another type of discrimination that female teachers faced in the past was being terminated because they were with child. Luckily, laws like the Pregnancy Discrimination Act of 1978 and the Family Medical Leave Act allows teachers to keep their positions because they are pregnant. The last issue that I want to address is sexual harassment because it is alarmingly on the rise. There are two types of sexual harassment: quid pro quo and non-quid pro quo. Quid pro quo is when the victim does sexual favors for the perpetrator in exchange for a promotion or benefits. Non-quid pro quo is when the harassment causes psychological distress on the victim. Regardless of what type of harassment is occurring, victims are obligated to report it. A question that I have is does the courts take the harassment of males as seriously as the harassment of females.
ReplyDeleteChapter 10-Teachers are afforded certain rights just like other law biding citizens. They have the right to freely express themselves as long as their actions do not negatively hurt the school or their own reputation. Teachers sometimes forget that they are role models to the community. Teachers are also given a certain degree of academic freedom. However though, they cannot lecture about a subject that does not follow the core curriculum standards or that is only being taught for “shock value.” Ex: Reading the book The Hunger Games to a group of first graders. Teachers have the right to run for a political office or contribute money to a particular candidate’s fund. However though, they must not allow their political preferences to get in the way of their daily obligations. Teachers also have the right to religious freedom. They cannot be terminated because they believe that one religion is more superior to another religion. Teachers cannot turn their classrooms into a debate arena. Public school districts frown on the idea of teachers wearing religious garb to school. When it comes to grooming and dressing, teachers do not have a lot of leeway on this issue. The courts side with the school districts because they believe that teachers are professional role models who need to dress the part. Lastly, teachers have the right to privacy. This issue deals mainly with individuals engaging in homosexual relationships in a private residence. My question would be are teachers allowed to wear cross necklaces. If it were tucked inside of their shirt, then would the necklace still be an issue?
ReplyDeleteChapter 11: This chapter first discussed the hiring and firing of teachers. Teachers who are recently hired are placed on a probationary period. The school district is not obligated to renew a teacher’s contract during this period. The only way rookie teachers receive due process rights is if they are dismissed by the school district during their contract. After three years of service, then the teacher automatically becomes tenured. The only way a school board can dismiss a teacher who is tenured is if they commit certain acts like incompetency, insubordination, neglect of duty, and immorality. The teacher is entitled to due process rights. When teachers are evaluated by their subordinates, the evaluation must remain unbiased. Supervisors are only to comment on areas that are related to the teacher’s ability to perform his/her job. Sometimes teachers can be fired if a school district is experiencing a substantial loss of funds. Teachers that are dismissed shall receive full due process rights. When school boards and union officials negotiate certain issues like salary increases and better benefits, both parties should act in a professional manner. Private school employees and public school employees both can engage in collective bargaining. Private school employees do not enjoy the same constitutional rights as public school employees. But, public school employees are prohibited from striking. Teachers also have the right to worker’s compensation. My only question is what types of injuries qualify for worker’s compensation. If a student with disabilities breaks a teacher’s arm, then does that teacher qualify for worker’s compensation?
The first two of the three chapters we were required to read in our School Law book discussed issues regarding discrimination in employment and teacher freedoms. While I read the chapter on discrimination I did not read anything new that I had not already heard before. Since I have been in the work force for over 20 years, most of what was discussed dealt with how an employer was not allowed to discriminate on the basis of gender, religion, age, and race. The one thing that I felt was a bit disturbing regarding this topic is that we still haven’t included sexual orientation as another reason not to discriminate. This concerns me a great deal since I have friends and family who are part of the LGBT community. What if they decided to become a teacher? They very well could be denied a job because of their sexual orientation. I would hope that in the next few years we are able to include this as another category that prevents employers from discriminating against. Another thing I found interesting in this chapter was that there actually had to be an act passed to keep from discriminating against women who were pregnant. The pregnancy act that passed in 1978 now protects women who are teachers from being discriminated against. It is sad that our government had to pass legislation to protect those who have the right to bear children. In chapter 10 regarding teacher freedoms most of that seemed to be common sense. If you are going to choose to be a teacher, then you must make sure you are conducting yourself in a respectful manner. This necessarily does not mean that you do not have the same rights as everyone else under the constitution but that you are held at a higher standard due to you being a public figure. Unfortunately if you have a lapse of judgment when you are in the public it could cost you your job if your employer finds that your actions were detrimental to the education of your students. I did appreciate the fact that teachers private lives are considered private as long as what you are doing behind closed doors does not have an adverse effect on the education of your students. Again, this chapter seemed straight forward and did not discuss anything that I wasn’t already aware.
ReplyDeleteIn chapter 11 it discussed tenure, dismissal, and collective negotiations. This chapter presented to me some new information. Even though my mother was a teacher, I was never privy to the legal aspects of teacher contracts and negotiations. I knew that sometimes my mom had to attend school board meetings when their contracts were up for negotiation, but was never aware of the process. While reading this chapter I was new about tenure but was never quite sure how it worked. It seems that once you have been in a school district for three years you are tenured, but this does not mean that you cannot ever be fired. A tenured teacher maybe let go for several different reasons. One reason may be due to the district facing budget cuts in which they may have to eliminate several teaching positions. It was interesting to read how it is determined school boards determine what teachers are kept and who are let go. Other reasons a tenured teacher may be fired are due to incompetency, insubordination, neglect of duty, immorality, conduct involving morality, and sexual advances towards students. As I continued reading on in the chapter I came to the section that discussed collective bargaining. Collective bargaining is a tool used to help teachers have more say in their rights and terms of their employment. This I believe is what my mother participated in whenever she was required to attend school board meetings. As I continued to read through this section, I realized I understood a little more than I thought I did. Some states require that as a teacher you are part of a union and others do not have such laws. When teachers negotiate their contracts there are mandatory items that must be discussed such as length of the work day, school teaching workload, extra duty assignments, and leaves of absences. Those subjects that are considered permissive are issues involving personnel recruitment, selection, and inductions are considered administrative prerogatives not subject to mandatory negotiations. After reading this chapter, it is clear that where ever you go to teach you need to be familiar with that states laws that pertain to you as a teacher as well as become part of a teachers union. By being aware of your legal rights you will be aware and know how to protect yourself.
ReplyDeleteI remember my mom, also a teacher, talking openly about one of my teachers, how she had tenure, and it was harder to let her go. As a child, I knew the word tenure, but did not really know what that meant. My husband has to join a union. I am not sure I like the idea of a union, but really, you have no choice if that is how it is done in your state/district.
DeleteChapter 9 discussed Discrimination and the laws that were put in place or discrimination within the classroom. I found all the information in this chapter to be very informative because I think that is such a big issue within the classroom that teachers need to be aware of. Some teachers may not realize that they are discriminating against students, but they are. I found it interesting that even pregnancy discrimination is in here. I was not aware of this. I had teachers in high school that were discriminated against because they were pregnant or who were required to come back to work and were not given a leave of absence. At the end of this chapter I really liked how they included a list of Do's and Don'ts so you know what to do within your classroom for discrimination. A lot of the information in this chapter was not new to me, because it kind of was mostly just information that I had already known.
ReplyDeleteChapter 10 was information that I believe all teachers need to know. This chapter discussed the different freedoms that teachers have. I think that all teachers should know that the different information that they are allowed to talk about, and the information that they cannot talk about. I think that the issues that are addressed in this chapter are definitely issues that I remembered in my classes in school. I always remembered different teachers discussing the issues of religion, and when they did discuss those issues, they would make sure and not favor one religion over the other, or when they would talk about one, they would talk about different religions also. I think that the issues discussed are very controversial, and teachers should be aware of them.
Chapter 11 discusses information that is extremely important to teachers. This discusses tenure which is an important issue that teachers should know about, because if they really are wanting to be hired on full-time, they need to know how that process works. Also, the dismissal process that this chapter discusses is also crucial because teachers need to know why they could be dismissed and what happens when they get dismissed.
I remember when applying for a job once, not telling the potential employer that I was pregnant. I ended up getting the job. I just was not sure they would be willing to hire me if they knew.
ReplyDeleteI think it is important for teachers to remember that teachers cannot talk about everything to everyone. I wish some of my co-workers remembered this.
Chapter 9 discussed discrimination. It touched upon the idea that a female employee cannot be discriminated against when pregnant. I remember once hiding from a potential employer that I was pregnant for fear of not being hired. It also discussed other lesser known issues that cannot be discriminated against, such as impaired vision.
ReplyDeleteChapter 10 discussed teacher freedoms. I think in today's age of technology, teachers need to be careful how they present themselves. I am very careful on facebook, for example, not to post any photos that would set a negative example, nor post any comments that might be negative for children. I think it is also important to separate yourself as a private citizen from the role of school employee if there is an opinion about the school.
Chapter 11 discusses tenure. I believe that it is a common misconception that if a teacher is tenured they cannot be let go. This chapter emphasizes that a teacher can still be dismissed if tenured, there is just a different process to go through.