Law
& Ethics for the Teacher. Post a reflection on this chapter - 2-3 paragraphs
What
are my legal rights and responsibilities as a teacher?
When applying for a teaching position, I
should be familiar with Title IX of the Education Amendments and Title VII of
the Civil Rights Act. I do not have to answer questions an interviewer may ask
that are unrelated to the job requirements, and I am protected from words and
behaviors that can be considered sexual harassment.
Court decisions indicate that a
teacher enjoys job security as long as the teacher's behavior and personal life
do not disrupt or interfere with teaching effectiveness. The courts hold that
the teacher's right to academic freedom is not absolute. It has to be tempered
with knowing where to draw the line so that my conduct do not do not cross over
into what is reprehensible and criminal. Academic freedom does not protect
teachers who use obscene, irrelevant, inappropriate, or disruptive materials or
instruction.
When determining whether a teacher has been negligent in a
situation, the courts judge whether a reasonable person with similar training
would act in the same way and whether the teacher could have foreseen the
possibility of injury. A teacher may be liable for misfeasance (failure to act
appropriately), nonfeasance (failure to do a duty), or malfeasance (acting
unlawfully). Interestingly, educational malpractice is not yet an established
legal precedent that some disgruntled parent can use to bring a lawsuit.
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