Runner head: Legal Issues in Education

Legal Issues in Education Research Paper

Daisy Ramos

TED 400

California State University Dominguez Hills

July 19, 2020

Legal Issues in Education 1

Legal Issues in Education

Chapter 1:Teaching Dispositions and Moral Fitness

Interstate Teacher Assessment and Support Consortium also referred to as InTASC has

set itself to create a universal outline of what every teacher should know in order to make assure

that all students from kindergarten all the way to twelfth grade are prepared with the tools and

skills needed to enter college or today’s working field. Within this outline provided by the

Council of Chief State School Officers or CCSSO, there are ten different principles that make up

this outline. Following this outline would ensure that all teachers are aiming at a congruent level

to reach universal specific goals. Although when referring to education standards tend to be

applied to students only however in this case the standards that are being mentioned are to be

implicated and addressed towards the teacher and their teaching methods.

To illustrate an overview of the principles that make up the InTASCA, in the following

passage each disposition for each principle will be discussed. When Regarding the first

principles its position such as Rest Home a teacher’s knowledge of their subject matter is not a

fixed body of facts or rather a never-ending and revolving complexity that they are well aware of

and open to new ideas and understanding of the fields. we're going into the second principal's

disposition addresses that teachers appreciate the diversity of open individuals such as areas of

development, talents, self-confidence, and competence. Within principle 3 the dispositions

discuss the teachers’ belief that all students have the ability to learn with high levels as well as

achieve success meanwhile within the fourth principal its disposition ads that every student can

develop critical thinking skills, independent problem-solving skills, and various performance

capabilities. Moving along into the fifth principle its disposition illustrates how a teacher takes

upon responsibility within the classroom by establishing a positive atmosphere as well as aiding
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to create a positive climate within the school. Principle 6 disposition comments on how a

teacher should value the power of language and communication within the classroom. Within

Principles seven the disposition that is emphasized is that a teacher should always value long-

term and short-term planning as well as always being open to adjustments and revisions based on

their student's needs and changing circumstances. The deposition of rest Within principal 8 is

that teachers should be committed to using assessments in order to identify the strengths and the

weaknesses of their students; this can be referred to as data-driven instruction which helps

teachers modify their lessons to increase learning opportunities and academic success.

Ultimately within the last two principles, one of the dispositions that are addressed within

principal 9 is that teachers value reflection, assessments, and on-going learning opportunities.

Finally, principle 10 Uses its best position to emphasize how teachers should value and

appreciate the importance of all aspects of a child's prior experience. This is a quick overview of

each deposition that as discussed Within the overall 10 principles they are addressed according to

InTASCA.

The importance of these principles is to ensure that every teacher is morally fit. Teachers

must keep in mind that although within the classroom every student appears to be equal due to

their prior experiences and diaper strengths as well as weaknesses each child brings something

different into the classroom. Therefore, these principles provide a general outline of house

teachers should present and perform themselves among a diverse group of students to ensure that

every student feels I see if they have equal opportunity to learn and succeed as a peer right next

to them. Having a general outline of what a teacher should bring into within a classroom allows

for a universal understanding of what diversified instruction truly stands for.

Chapter 2: Digital Literacy and Creative Commons

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Throughout the years the development and growth of technology have expanded and

caused many changes and issues to arise. Due to the dependency that schools and Teachers have

placed on digital forms of learning it is important for students to comprehend what is digital

literacy and Creative Commons. According to the article “American Library Association's

digital-literacy task force” by Liana Heitin (2016) it refers to digital literacy as, “the ability to

use information and communication technologies to find, evaluate, create, and communicate

information, requiring both cognitive and technical skills." Through the past few years as the

internet has developed, grown, and expanded the use of the internet has become essential to be

successful in one’s education career. Whether it is from K-12 grade or in a higher level of

education. Therefore, it is important for teachers to implicate and ethically practice digital

literacy in order to expand the student’s understanding of the internet and its usefulness, beyond

a simple google search and there is the answer.

Being digital literate allows for deeper levels of questioning to arise from a question that

could be simply googled and answered. The truth is that although it may be quicker and

sufficient just to google the answer needed, most who do this procedure can not define the why

to the answer or the how. Google it the answer is a superficial way of learning. Yet, it is

unavoidable for students to do so therefore, as a teacher who is digital literate one can not

prevent them from doing it but simply present a higher level of thinking. When asked a question

and they google the answer, add to the task the question, “why?”. This will lead them to seek an

explanation as to why that answer is the answer; it will create a sensation of turning gears

working hard to figure it out. After they know and understand then lead them to explore new

levels of creativity; “push for a creative application of knowledge.” This increases students'
Legal Issues in Education 4

understanding rather than just getting the answer and forgetting the material later on; it makes an

impact on their collective knowledge.

When speaking about digital literacy another issue that arises for teachers and students is the

understanding of what is Creative Commons. According to the article “What is Creative

Commons” by Jane Park (2016), “CC licenses are the legal tools that help you discover, share,

remix, and build upon educational resources, which is what makes them open educational

resources, or OER.” These resources are those that are available to our students when asked to

go out and beyond the classroom, to access additional resources. The importance of

understanding how Creative Commons impact the classroom is crucial; teachers should

comprehend that although students may not be aware of it at the time of doing so they are too

contributing to the Creative Commons. Starting a conversation about creative commons and

digital literacy leads to the conversion that revolves around plagiarism. One must instruct

students and knowledgeably comprehend that

Chapter 3: Legal Issues in Education

There are many legal issues within education that students, parents and educators should

be well aware of. In the following passages different legal responsibilities will be discussed

regarding the three groups mentioned above. These responsibilities are all aimed to keep our

student safe and obtain a well rounded education.

To begin, teachers have one of the greatest responsibilities within education. Teachers

are viewed as a second parent to their students according to the school system. This comparison

is given due to students being almost 6 to 7 hours per day with their designated teacher. The

average school year requires 180 days; this is why teachers take such a great deal of

responsibility when in regards to the safety of our students. One legal responsibility that teachers
Legal Issues in Education 5

face is the duty to keep students well supervised. According to the article“What are teachers’

responsibilities to their students?” by Gjelten (2012), it is the teachers legal duty to supervise

students in the same manner that a parent would; careful and attentive. The lack of this

responsibility can lead to negligent supervision which can result in parents pursuing personal

injury lawsuits against the school. Therefore, teachers should be well aware and carefully

attentive of their students within and outside of their classroom. Another legal responsibility that

arises for teachers to take upon is to be proactive against child abuse. This issue can relate

within or outside of school grounds. Within the Child Abuse identification & Reporting

Guidlines by the California Department of Educaiton, “All persons hired into positions included

on the list of mandated reporters are required, upon employment, to be provided with a

statement, informing them that they are a mandated reporter and their obligations to report

suspected cases of abuse and neglect pursuant to California Penal Code Section 11166.5.” It is

not the teachers job to question the student(s) to get more details about the situation at hand but it

is their mandatory responsibility to report any suspicions based on comments or other factors.

Another legal responsibility that has been placed on the shoulders of our children’s teachers is to

be aware of their student-teacher interactions. According to the Model Code of Ethics for

Educators by the National Association of State Directors of Teacher Education and Certification,

it states that “ The professional educator promotes the health, safety and well being of students

by establishing and maintaining appropriate verbal, physical, emotional and social boundaries.”

This description provides a broad guideline for teachers to understand what is expected for their

student-teacher interaction within the classroom, school grounds or events. These are only a few

responsibilities that teachers are responsible for; yet the list goes on.
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Following teachers the next biggest group within the school system that holds a great deal

of responsibility over the safety of our students are schools and districts. Their legal

requirements include first-aid requirements and stakeholder training and drug searches for

teachers and students. In the article “CPR Certification for Teachers” by

NationalCPRFoundation claims that, “CPR certification for teachers is a way to be prepared and

confident to offer assistance during an emergency.” The completion of a CPR certification

covers the legal requirement for schools and districts to assure the safety of students. This

requirement is a mandatory requirement when applying to become a teacher. This covers the

need to have basic medical assistance within a student's reach at all times. Another aspect that

schools and districts need to take upon and proactively address is drug searches. Jill I.

Braverman (1986) expressed that, “Incidents of illegal drug use' and violent crime plague public

school authorities across the nation. As narcotics and weapons appear on school campuses,

school officials seek to conduct searches of students' lockers, property, and persons for

contraband or prohibited weapons.” In this statement it is clearly stated that drugs and other

violent possessions have found their way into our school grounds. Therefore the use of searches

allows our schools and districts to assure the safety of our students. At times this can raise

controversy but the main point for these actions are simply to protect our children. These are

some of the legal duties our schools and district must keep in mind and make decisions on.

Teachers are only one group of adults that care the weight of making sure our students

have a safe and well rounded learning experience. Parents hold a strong role in the lives of our

students; they are known as our students' first teachers. According to the California State PTA

article, Parents’ rights, parents are able to meet one of their legal right to be active in their child's

school and learning experience by the following act, “The groundbreaking Family-School
Legal Issues in Education 7

Partnership Act encourages parents and caregivers to get involved in children’s school activities

by providing rights to time off work.” This allows parents to be aware of how their child is

performing in their academics and other activities. It helps visually see their strengths and at

times also their weaknesses. The other responsibly that should be mentioned is that parents add

to their students personal academic success. Referring to the same California State PTA article

mentioned previously this can be established by, “working with their children at home in

learning activities that extend learning in the classroom.” Parents as mentioned, are classified as

our first teachers therefore, in those regards if what students learn in the classroom is discussed,

connected, and applied to their daily lives such as the ones back at home it will help them grow

intellectually. For the success of a child in their educational career it takes a village but

primarily it takes an interested and proactive parent at their side.

After looking into the different legal roles that teachers, schools/districts, and parents take

upon to assure the success of our students it is also important to discuss the significance of

different legal policies that address specific subgroups of students. When looking into the

California Student Safety and Violence Prevention Act or AB 537, “AB 537, the California

Student Safety and Violence Prevention Act of 2000, changed California's Education Code by

adding actual or perceived sexual orientation and gender identity to the existing non-

discrimination policy” (gsa network). This addition to the existing policy was significant because

it included a large specific group of students. It was important to assure that this subgroup of

students have a policy to refer to for their safety. It means they are identified as a group and are

significantly important. Another group that requires modified policies is According to the IDEA

of Individuals with Disabilities Education Act mentions that congress states that, “disability is a

natural part of the human experience and in no way diminishes the right of individuals to
Legal Issues in Education 8

participate in or contribute to society.” This is presented within Public Law 114-95, the Every

Student Succeeds Act. Students with disabilities are a large subgroup who have been overlooked

for many years yet, recently in the past years different changes have been occurring to address

their needs of resources and support. Changes for these two groups have become the new

normal. The importance and awareness for these two groups have been constantly present in the

past few years and their voices are now being listened to.

Legal issues and responsibilities for teachers, parents, schools or districts are important

components to be well aware of when trying to provide our children with the best education we

can. It is important to take proactive steps towards creating a positive learning environment. In

a positive environment students learn, engage, and prosper. Their growth is evident and their

flourishment is visible throughout the course of time. Yet, to raise a child it takes a village.

Therefore, if we work unitely their success is inevitable.

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Reference
About IDEA. (n.d.). Individuals with Disabilities Education Act. https://sites.ed.gov/idea/about-
idea/
Child abuse identification & reporting guidelines. (n.d.).
https://www.cde.ca.gov/ls/ss/ap/childabusereportingguide.aspertification%20for
%20teachers%20is,sports%20or%20physical%20education%20classes.
Gjelten, E. (2012, August 9). What are teachers’ responsibilities to their students?
https://www.lawyers.com/legal-info/research/education-law/teachers-have-many-
responsibilities-to-their-students.html
GSA network. (n.d.). GSA Network. https://gsanetwork.org/resources/ab-537-california-student-
safety-and-violence-prevention-act/
Heitin, L. (2016, November 8). What is digital literacy? Education Week.
https://www.edweek.org/ew/articles/2016/11/09/what-is-digital-literacy.html
InTASC_Model_Core_Teaching_Standards_2011.pdf. (n.d.). Google Docs.
https://drive.google.com/file/d/1YWvUfh4P2IAa8wokPwDFnnyVA6Xx5_Mf/view?
usp=sharing
Intasc-principles-standards.pdf. (n.d.). Google Docs.
https://drive.google.com/file/d/1ry3TlLRMJD-DL06RltLRfM0McVIcpqKG/view?
usp=sharing
Park, J. (2020, February 10). What is Creative Commons and why does it matter? Common
Sense Education. https://www.commonsense.org/education/articles/what-is-creative-
commons-and-why-does-it-matter
Parents’ rights. (n.d.). California State PTA | The mission of the California State PTA is to
positively impact the lives of all children and families. https://capta.org/focus-
areas/family-engagement/parents-rights/
(2018, March 04). CPR Certification for Teachers. NationalCPRFoundation.
https://www.nationalcprfoundation.com/cpr-certification-for-teachers/#:~:text=CPR%20c