legal and ethical requirements Flashcards
What is an essential component of creating an equitable classroom for all learners
Advocating for student success in the classroom whenever possible.
To advocate for students teachers can:
Listen and be responsive to student needs, whether social, emotional, or academic
attend PD sessions throughout the year and implement strategies into lesson plans as soon as possible
prepare thoughtful lesson plans and set clear, standards-based learning goals for students
work with parents and administrators to make sure students have the material they need to complete classwork, such as internet access, a computer, or school supplies
if a student is struggling academically or behaviorally, provide interventions and reach out to other staff members on campus who may be of assistance, such as instructional coaches, assistant principals, or counselors
Teachers and social media
teachers should be cautious in their use of social media. Inappropriate and controversial social media posts can have a negative impact on student-teacher and parent-teacher relationships, as well as a negative impact on the public perception of educators overall.
careful, respectful conversations on how best to educate children
is an important part of advocating for the profession.
Standard 1.1 The educator shal not intentionally, knowingly, or recklessly engage in
deceptive practices regarding official policies or the certification process
Standard 1.2 The educator shall not intentionally, knowingly, or recklessly misappriate
diver, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage.
Standard 1.3 The educator shall not submit fraudulent requests for
reimbursement, expenses, or pay
Standard 1.4 The edcuator shall not use institutional or professional privileges for
personal or partisan advantage
Standard 1.5 The educator shall neither accept nor offer gratuities, gifts, or favors that
Impair professional judgment or are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service.
Standard 1.6 The educator shall not falsify records, or
direct or coerce others to do so
Standard 1.7 The educator shall comply with state regulations,
written local school board policies, and other state and federal laws.
Standard 1.8 The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis
of professional qualifications
Standard 1.9 The educator shall not make threats of violence against school district
employees, school board members, students, or parents of students
Standard 1.10 The educator shall be of good
moral character and be worthy to instruct or supervise the youth of this state.
Standard 1.11 The educator shal not intentionally, knowingly, or recklessly misrepresent his or her
employment history, criminal history, and/or disciplinary record when applying for subsequent employment
Standard 1.12 The educator shall refrain form the illegal use, abuse, or distribution of
controlled substances, prescription drugs, and toxic inhalants
Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages
on school property or during school activities when students are present
Standard 2.1. The educator shall not reveal
confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law.
Standard 2.2 The educator shall not harm others by knowingly making
false statements about a colleague or the school system.
Standard 2.3 The educator shall adhere to written local school board policies and state and federal laws regarding the
hiring, evaluation, and dismissal of personnel
Standard 2.4 The educator shall not interfere with a colleague’s exercise of
political, professional, or citizenship rights and responsibilities.
Standard 2.5 The educator shall not discriminate against or coerce a colleague on
the basis orf race, color, religion, national origin, age, gender, disability, family status, or sexual orientation.
Standard 2.6 The educator shall not use coercive means or
promise of special treatment in order to influence professional decisions or colleagues
Standard 2.7 The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who
provides information for a disciplinary investigation or proceeding under this chapter
Standard 2.8 The educator shall not intentionally or knowingly subject a colleague to
sexual harassment
Standard 3.1 The educator shall not reveal confidential information concerning students unless
disclosure serves lawful professional purposes or is required by law.
Standard 3.2 The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that
adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor.
Standard 3.3 The educator shall not intentinally, knowingly, or recklessly misrepresent facts
regarding a student.
Standard 3.4 The educator shall not exclude a student form participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of
race, color, gender, disability, national orgin, religion, family status, or sexual orientation.
Standard 3.5 The educator shall not intentionally, knowingly, or recklessly engage in
physical mistreatment, neglect, or abuse of a student or minor.
Standard 3.6 The educator shall not solicit or engage in sexual
conduct or a romantic relationship with a student or minor
Standard 3.7 The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under
21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator.
Standard 3.8 The educator shall maintain appropriate professional educator-student relationship and boundaries
based on a reasonably prudent educator standard
Standard 3.9 The educator shall refrain from inappropriate communication with a student or minor, including but not limited to
electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate is:
Inappropriate communcation
-nature, purpose, timing, and amount of communication
-subject matter of communication
-whether the communication was made openly, or the educator attempted to conceal the communication
-whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship
-whether the communication was sexually explicit
-whether the communication involved discussions of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.
Students cannot be taken off campus without parent permission. signed permission forms are required for
events such as field trips
In general during assessment tests, the teacher
-cannot have materials out that might help the student
-cannot influence a student’s answer choice (this includes clarifying what a question is asking and telling a student to bubble in answers that are left blank)
-cannot access a computer during the test
-cannot read the test questions to students (if a student needs the test read to them, they will have accommodations and likely be in a testing center)
- must actively monitor all students (for example, a teacher can’t read a book during an exam.)
Responsibilities of independent school districts
hire teachers and administrators and determines budget
Responsibilites of TEA
administers statewide assessments, monitors adherence to state and federal regulations, supports and monitors TEA divisions
TEA division (SBOE)
adopts instructional materials and facilitates the writing of instructional standards
TEA division (State Board of Educator Certification)
manages teacher certification
Texas legislature responsibilities
passes laws regarding various education issues like maximum class sizes, distribution of funds, required number of school days, etc.
sets the Texas Education Code (TEC)
US Congress responsibilities
Adopts nationwide laws and policies like No Child Left Behind and the Individuals with Disabilities Education Act (IDEA)
A student’s freedom of speech is mostly protected while at school, as long as the speech
is not considered overly disruptive to the learning environment. Students can share political and religious opinions and perspectives, as long as it doesn’t take away from the learning process.
While most of what a student posts on social media is not relevant to their freedom of speech in school, any posts that relate to
school and significantly impact the school environment could be open to restrictions. For example, a student who posts harassing or threatening comments about a classmate could face disciplinary action at school even if the posts were created while at home.
Freedome of speech protections for teachers are
more limited than students’, and the protection depends on the location, situation, and intent of the speech.
The most important factor considered when deciding whether or not something is allowed is the teacher’s intent. A teacher cannot discuss politics or religion as and
advocate for specific ideas or beliefs.
A teacher is allowed to inform students of curriculum-related
political or religious issues but should be careful to remain neutral in these discussions.
When speaking as an individual outside of school, a teacher’s freedom of speech is mostly protected. However, if a teacher’s speech outside of school is considred
overly disruptive to their role as a teacher, they could face disciplinary action.
Compared with teachers, students retain
more freedom of speech in their school environment, but for both, the level of disruption or harm to others caused by the speech often dictates whether or not the speech is protected.
In most states, teachers are required by law to report any suspected
abuse or neglect of a student.
Texas dictates (abuse and neglect)
professionals working with children (teachers, nurses, daycare workers) must make a report no later than the 48th hour after initially suspecting child abuse or neglect.
When reporting abuse or neglect professionals must
make the report themselves. Another employee such as an administrator or a counselor cannot make the report on behalf of the teacher.
It is a criminal offense to
fail to report child abuse or neglect.
Reports should be made by calling the
Texas Department of Family Protective Services (DFPS) or submitting an online report through their website.
Signs of abuse
student seems withdrawn or depressed, seems afraid to go home or run away, shies away from physical contact, acts aggressive, exhibits sudden and drastic changes in behavior, wears clothing that covers their whole body, evening the warmer moths (althout it’s important to note that this could also be a cultural practice and have nothing to do with abuse)
has unexplained burns, cuts, bruises, and/or broken bones
Students have the right to due process
the needs of students in special education are protected by federal law. If the parents of a student feel that their child’s needs are not being met, and they cannot reach an agreement with the school or school district, they are guaranteed due process to resolve the dispute
Teachers must maintain accurate and
confidential student records.
Records can keep track of student
attendance, assignments, and grades. They can monitor student academic or behavioral progress and keep a record of communication with students’ families.
Records can even help teachers keep track of the effectiveness of different
instructional methods.
All student records should be passed on through official channels
like school’s administrative office following the school year.
If option to pass records to official channels is not available you must
keep records for 7 years, after which they can be discarded.
To maintain accuracy of records, teachers should
use effective methods for monitoring and ensure that information is always noted correctly. Double check grades after entering them into their record-keeping system.
To maintain confidentiality
teachers should ensure that information about students is kept private and not wrongfully released in a way that may result in differential treatment.
Teachers should not post grades in a locations
where students could see another student’s grades
What is IDEA
nationwide law that ensure services for students with disabilities. It governs how the state and local school districts provide early interventions, special education, and related services for students with disabiliites aged 3-21.
6 main elements of IDEA
Individualized Education Program (IEP)
Free and Appropriate Public Education (FAPE)
Least Restrictive Environment (LRE)
Appropriate Evaluation
Parent and Teacher Participation
Procedural Safeguards
One significant piece of IDEA is the right to a
Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE).
FAPE is a legal guarantee that children with disabilities will receive
services that are specific to them and that will help them reach their highest potential.
LRE ensures that students with disabilities are
challenged and given the opportunity to be in class with other grade-level peers without disabilities.
FAPE provides instructional services designed to
address the educational needs of students with disabilities to the maximum extent possible comparable to non-disabled students.
If a district is unable to provide FAPE, they are required under IDEA
to refer the parent to a program and incur all financial obligations associated with the placement. The school must provide transportation to and from the program at no cost to the family and to the extent to which the cost incurred if the rural school had offered the program.
Texas General Proces (disabilities)
Identification, assessment, admission, and dismissal
- A general or special education teacher, caretaker, or parent observes the student’s
lack of progress in the general education curriculum, or in social or behavioral interactions, based on all assessment data.
- The general education teacher follows the response to intervention (RtI) proces.
Scientifically research-based instructional intervention system delivered in the general education classroom. It is a process to monitor and measure student progress in the general education curriculum.
- If both the isntrucitonal and behavioral interventions are not sufficient fo the student to progress in the general education curriculum, the RtI team
obtains consent from the guardian for the student to be evaluated by a Licenced Specialist in School Psychology (LSSP) or Diagnostician. The result of the evaluation will determine if student qualifies for special education services through a variety of disability categories, including autism, intellectual disability, specific learning disability, or other health impairment.
- The Admission, Review, and Dismissal (ARD) committee
reviews the eligibility for specialized services, based on the assessment of the data. If a disability and an educational need for specialized services are determined, then with parental consent, the student is eligible to receive specialized service (special education)
- The ARD committe then designs the Individualized Edcuation Plan (IEP). The purpose of the IEP is to note the student’s present level of performance, measurable annual goals including local education agency (LEA), and the district and state assessments to determine and monitor progress within the general education curriculum as supported by the modifications. The ultimate goal of the IEP is
student progress within the general curriculum as set forth by TEKS. The implementation of the IEP is a collaborative effort between the general and special education teachers.
- Every 12 months, there must be an
ARD meeting to evaluate a student’s progress towards goals. A meeting can be called at any point by any member of the committee, but it must occur at least once per year.
- Every 3 years, there is a review of existing evaluation data (REED), where t
the ARD committee determines if dismissal from specialized services is appropriate. A student may meet their goals and continue to need services or new goals for the next school year and would remain in special education. They may have mastered the skills needed to function independently in a general education classroom and can be dismissed.
The REED is a mandated review of
all existing evaluation data including the initial evaluation, any re-evaluations, classroom observations, and standardized testing to determine if dismissal of services is necessary.
If problem behaviors are preventing a particular student from learning effectively in the classroom environment, the process to create a
Behavioral Intervention Plan (BIP) may be initiated by the teacher.
To start the BIP, the teacher will
seek parental permission for the student to be screens using a Functional Behavior Assessment (FBA).
Who completes FBA
special education teacher with assistance from a behavior specialist or school psychologist. This screening tool will show the frequency of the behavior in question and will attempt to determine the root cause of the behavior.
A BIP will identify the
problem behaviors, prescribe steps for the teacher to follow when these behavior are exhibited in the classroom, and set a goal for the student.
ADA is
Americans with Disabilities Act is civil rights law that is designed to protect the rights of all Americans with disabilities. It is not written with a focus on only education issues. Because of this, the Individuals with Disabilities Education Act (IDEA) or 504 laws may offer more specific protections necessary for students’ success.
504 plan is
designed to designate accommodations for student success in the general education classroom when the student has an impairment that significantly impacts their life. It is not the same as an IEP and is available for students with disabilities that are not in special education.
504 plans may provide
requirements for classroom teachers to adjust instruction or the classroom environment in various ways to better meet the student’s needs
Examples of 504 accomodations
access to audio versions of print materials
test questions or instructions read aloud
opportunity to dictate answers instead of writing them
extra time for tests or assignments
frequent breaks
seat near the teacher
Students’ right to privacy is protected by
the Family Educational Rights and Privacy Act (FERPA) which prevents schools from disclosing student records to the public while also requiring them to provide parents with access to their child’s official school records at any time.
Privacy and Technology
The internet provides countless free applications to assist teachers and students in the classroom, but these sites often collect data on users. Technology facilitators from your school district can help determine what information is being collected by these applications, and to what audience your students are being exposed.
Depending on the site, it may require parent or district approval before allowing student use in the classroom.
Studnet property
Belongs to students and should not be examined by the teacher or other students if it is found in the building. Teachers should take personal property to the administrator’s office to be picked up by students. Looking at a student’s cell phone or computer is a violation of privacy.
Special Education and 504 document (privacy)
The documents will need to be easily accessible by the teacher in order to ensure all accommodations are being followed, but they must be kept in a secure location to keep students from viewing the information
Student Medical Information
should not be shared with other students and should be kept confidential between the student’s parents, the nurse, the student’s teachers, and necessary administrators.
Discipline issues
care should be taken when discussion discipline issues with parents. If multiple students are involved in a conflict, use only the name of their child. Do not discuss consequences that the other involved students will face
Grades - while the practice of students trading and grading each other’s work has limited classroom usefulness, it is not technically a violation of FERPA. However,
displaying student grades with identifying information like names or portions of social security numbers does violate FERPA.
Many teachers who would like to post grade lists will use
student ID or other assigned numbers to maintain confidentiality.
Student records, including work
online or educational apps, should be kept confidential.
Once a child reaches 18, the privacy and access rights
transfer from the parent to the child.
Fair use is
an exception to general copyright restrictions that allows for the use of some materials for educational purposes in the classroom. There are four generally-accepted guidelines to determine whether fair use applies
The purpose for which the copyright material is used
teachers are allowed to show copyrighted material for education purposes, but not purely for entertainment or as a reward
The amount of the work to be used
it is less risky to use small portions of a work, like a clip of a song, than using the song in its entirety
The impact on the market
if the copyrighted material is distributed to so large of an audience that it could financially impact the creator, it would not be allowed
The type of copyrighted work
published works tend to be more acceptable under fair use guidelines than unpublished works.
Fair use guidelines for showing movies ONLY apply to
face-to-face viewings. They cannot, for example, be uploaded onto a website for home viewing.
Students and copyright laws
With an increase in class projects researched using internet, students need to proceed with caution. While most items can be borrowed under the fair use guidelines already mentioned, they should always be cited in the assignment.
In order to avoid copyright issues entirely, students can take choose media
established in the public domain. Images in the public domain have already had their rights released by the creators and are free for anyone to use
Published under creative commons licence
artists obtain this type of license when they want to allow others to use and share a work they have created
