Legal Precedents The Impact on education

By: Garrett Ogle

The Legal Cases/Precedents

  1. Student Rights and Responsibilities - Winkelman vs. Parma City School District. I chose this case because I am going into Special Education. In this court case the school district did not provide what is mandated by the IDEA and the parents sued the school district. This case is about the student's right to a fair and proper education and felt that was not being provided by the school district.
  2. Teacher's Professional Rights and Responsibilities - Ohio vs. Clark. This case is about child abuse at home and the teacher heard about this from the student and she reported the incident like she was suppose to. The suspect after being found guilty of the offense, tried to appeal the decision based on his 6th ammendment rights to face his accuser. However, because the teacher is acting out of law and not witness she is acting as an agent for law enforcement when finding out about the situation and therefore is not required by law to be faced by the suspect and therefore he was denied his appeal. I chose this case because it about a teacher doing the right thing for the student and showing that it is important to be there for the students and to always to the right thing and in this case it was reporting the incident.
  3. Teacher's Personal Rights and Responsibilities - Adams vs. University of North Carolina Wilmington. This case is about a professor at the school who was not promoted and felt that it was because of his religious beliefs that were posted on a local news column and discussed there. I chose this article because I have my own religious beliefs as well. I felt this was a good case to choose because it is about a teachers personal rights and responsibilities and how they may be affecting the school even though the teacher may be doing nothing wrong at all.

Impact on Teacher Actions

  1. Student Rights and Responsibilities - This court case makes me think about the responsibilities I have as a teachers to provide the rights and responsibilities to the students. For Special Education I would go over students IEP's to make sure that I am providing all of the students with the proper accommodations and modifications they should be provided to them. Another action I would take is to work to help the student/s that may or may not be getting the proper rights they deserve. If they are not I will help them in any way and would even talk to supervisors to make sure students do recieve those rights.
  2. Teacher's Professional Rights and Responsibilities - I agree with the teacher's actions in this court case as I would do the same and report it immediatley as I find out. Another action I would take is to take the student to an administrator or a counselor immediately so that I could have the chance to help keep the student safe and to potentially keep anything else from happening.
  3. Teacher's Personal Rights and Responsibilities - I feel for the teacher on this court case. I feel like the teacher did not go out of their way to promote their beliefs on anyone they should not. I feel, based on this website, that the teacher did not promote his beliefs to the students while at work. Based on this article and the issues that arose, one action that I would take is that I would be more cautious and sealed with my religious beliefs even though I may or may not think that is rights. Another action I would take is if I were to talk about my religious beliefs it would not be to someone who can post a story or articel about it like a newspaper. Only in private and appropriate times would I do that.

Student Learning Environment

  1. Student Rights and Responsibilities - This court case effects the type of learning envrironment that I would like to have in my classroom. I would like to have a positive learning envriornment that is safe for all students. However, this environment needs to be accommodating for students and their ever changing needs. If I do not create my classroom like this then how could I ever provide all students with the proper accommodations they might need. I would do this so that I can provide students with all of the the rights and responsibilities they are required and deserve.
  2. Teacher's Professional Rights and Responsibilities - What I take from this case and to use in my classroom goes back to creating a safe and positive learning envrironment for the students. If it is a safe environment for them then they should feel safe to talk to me about these types of situations and should feel safe from those situations in my classroom.
  3. Teacher's Personal Rights and Responsibilities - This case makes me think about my own beliefs and how I can and should keep them seperate from the work place in some regards. I should not try and promote or persuade my religion on any students in any way. However, for a social studies class, I feel I can use my knowledge of my belief to talk about that when it is the knowledge of and the persuasion of, just like talking about any other religions when providing knowledge that they occurred not that you have to believe in them.

Technology

  1. Student Rights and Responsibilities - I would use technology to go over the IEP's for myself and then I would, based on the age group of students, go over the IEP process with the students and show them how this works and what they should be provided to them. Also, I could show them videos of issues that occur if a student is not recieving the proper rights they deserve.
  2. Teacher's Professional Rights and Responsibilities - I would show students videos of how to report abuse and bullying to a teacher and or counselor and show them and talk to them about how and why that it is okay to talk about this to an adult and how the adults will do their best to help keep the students safe and will keep the best interest of the students in mind.
  3. Teacher's Personal Rights and Responsibilities - Instead of trying to instill my beliefs on the students, I can have them create a powerpoint or another electronically project about different types of religions and the beliefs of those religions so that they can learn about those without being persuaded or Dundee by a particular belief.

Student Benefits

  1. Student Rights and Responsibilities - The students will benefit greatly from all of the information listed above. They will learn about the IEP process and what they should be providing. This will help them with self advocation and could greatly impact and help their learning along the way.
  2. Teacher's Professional Rights and Responsibilities - Students will learn that it is okay to talk to adults about tough and hard situations and even about people they may or may not love them. They will learn that school is a safe place to be and that you can trust the adults at the school to help out in tough situations and to help make the place a more safe environment for all students.
  3. Teacher's Personal Rights and Responsibilities - The students will learn about religions which is in certain grades cirriculum. They will learn about these different religions and will never be forced to believe a certain religion over another and that a teacher should not be forcing their beliefs on to students. Only that they should be trying to promote and create you into better students and better human beings so that you all can go out and have a positive impact on the world and not try and confine you into one certain area, category, or religion for that matter.

Sources

"Adams v. Trustees of the University of North Carolina-Wilmington." Adams v. Trustees of the University of North Carolina-Wilmington. N.p., n.d. Web. 3 Dec. 2016. <https://www.adflegal.org/detailspages/case-details/adams-v.-trustees-of-the-university-of-north-carolina-wilmington>.

"Adams v. University of North Carolina–Wilmington, 640 F.3d 550 (4th Cir. 2011)." Adams v. University of North Carolina–Wilmington, 640 F.3d 550 (4th Cir. 2011) | AAUP. N.p., n.d. Web. 3 Dec. 2016. <https://www.aaup.org/brief/adams-v-university-north-carolina%E2%80%93wilmington-640-f3d-550-4th-cir-2011>.

IIT Chicago-Kent College of Law, n.d. Web. 3 Dec. 2016. <https://www.oyez.org/cases/2006/05-983>.

IIT Chicago-Kent College of Law. N.p., n.d. Web. 3 Dec. 2016. <https://www.oyez.org/cases/2014/13-1352>.

"Legal Cases Affecting Academic Speech." Legal Cases Affecting Academic Speech | AAUP. N.p., n.d. Web. 3 Dec. 2016. <https://www.aaup.org/get-involved/issue-campaigns/speak-speak-out-protect-faculty-voice/legal-cases-affecting-academic>.

Schimmel, David, Leslie Stellman, Louis Fischer, and Cynthia Kelly Conlon. Teachers and The Law. 9th ed. Boston: Pearson, 2015. Print.

Walsh, Mark. "Supreme Court to Hear Case on Abuse Reporting." Education Week. N.p., 11 May 2016. Web. 3 Dec. 2016 <http://www.edweek.org/ew/articles/2015/02/25/supreme-court-to-hear-case-on-abuse.html>.

"Winkelman v. Parma City School Dist., 550 U.S. 516 (2007)." Massachusetts Advocates for Children. N.p., n.d. Web. 3 Dec. 2016.

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