Wednesday, January 25, 2012

Law Modules - Chapters 9, 10, 11

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 Friday, March 2 at MIDNIGHT.

Essex, N. L. (2011). Teacher’s Pocket Guide to School Law (2nd ed.). Boston, MA: Pearson. ISBN-10:0-13509418-6

78 comments:

  1. Chapter 9
    This chapter includes discussion about discrimination and what laws protect us as employees against discrimination, harassment, etc. It also discusses the ADA and their purpose. There is also a discussion about the pregnancy act and what it covers. Most people know these laws well enough to know what they need to be looking for and what they shouldn’t be doing. I think that schools should be reviewing these laws with employees at the in-service meetings at the beginning of the year.

    Chapter 10
    Teacher freedoms are an ironic idea. I think that teachers have few freedoms because we are watched and held to the highest standards. I know what it is to be held to those standards and I felt like I was trapped in a world that I didn’t sign up for. I guess that’s what I get for being in small schools/communities. I would rather be in a city so there are more choices and more people to be covered by. One thing this does point out is the way to address the press. The book says to make it very clear that you are not saying this while being affiliated with the school. Always be sure to speak as a private citizen and be sure the press understands that. I was told to just say, “No comment.” I’m more comfortable with that because I don’t want to say something wrong or get in trouble for my opinion. The dressing and grooming section is very important because we don’t need to be showing students the wrong ways. I understand we’re in a role-model position and I believe we should take that to the most serious level. Smaller children will notice what we wear, that’s already been pointed out to me in my internship last semester.

    Chapter 11
    This chapter explains tenure, dismissal, and collective negotiations. Tenure is the protection of teachers who have taught for three consecutive years in the same district. This protects the teacher from being dismissed or non-renewed without an explanation. The dismissal of a non-tenure teacher can come from different reasons, but administrators don’t have to provide the teacher a reason. Being non-renewed teacher without given a reason is devastating. Being a teacher is about growing, reflecting, changing for the better; how are teachers suppose to do this if a reason for not being renewed? I think that administrators should take the time and give reason because it does help the teacher change and better themselves for the next position they will have.

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    1. Your comment about what children notice is so very true! Anytime I dye my hair or get new shoes these kids notice. I like to think of them like gum...Everything they see sticks to them. That is why we as teachers need to watch what we say and do around them and even when we're not.

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    2. Katie,

      I laughed when I read the below portion of your blog:

      "Teacher freedoms are an ironic idea. I think that teachers have few freedoms because we are watched and held to the highest standards".

      I talked about the same thing in my blog. I mentioned that I have always found it interesting that teachers are held to a lot higher standards than policemen, doctors, etc. Another thing I have found interesting about people in small towns is that the people who hold teachers to the highest standards are often the people who are the poorest role models for their own children!

      Becky

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  2. Chapter 9 mostly dealt with discrimination in a variety of areas. The general focus was that schools cannot discriminate on the basis of "race, color, religion, sex or national origin." Other areas were also mentioned, such as disabilities, age and pregnancy. These laws are to protect anyone applying for a job to be excluded because of specific issues that have nothing to do with how effective the teacher might be in the classroom. Those with disabilities should be equally considered for a job as long as they can still perform the functions required of the position. I appreciate the fact that these laws are in place to help the teacher and not allow discrimination to be the deciding factor of whether or not I get a job. I also liked the family/medical leave that is offered. If the need would arise to be gone for an extended period of time due to a family medical emergency, I am encouraged to know that such a law exists.


    Chapter 10 covered the freedoms we as teachers have. There is definitely a separation between our role as a teacher in the school and what we do outside of school. We are free to represent things that our school might disagree with, as long as we are certain that it is clear that we are speaking as individuals and not being endorsed by the school. It's nice to know I can still belong to organizations or political parties that don't necessarily have to line up with what the school district supports. However, I do still need to be careful that what I get involved in and how much time I invest it does not mar my position or the school at which I work. I was a bit surprised at the laws on teachers' attire. I just assumed the school could set a dress code, but this sounded like they couldn't be too specific. But then it was interesting that a school district can tell someone that their religious dress might not be appropriate. All of these issues are things that would need to be checked out before beginning a new job, as each school probably has specific ways of interpreting these laws.

    Chapter 11
    Teachers losing their job for one reason or another rounded out this chapter. A teacher's tenure is prescribed the state statute, and it is put in place to protect the teachers who are doing a good job in their classroom. This tenure does not guarantee that a teacher will have their job forever, but if they are being effective and making a difference, it will help them retain their job. Evaluating teachers on the job is a good way to asses how a teacher is performing. So it is important that just as students are assessed, so are teachers. It was interesting to read about reduction in force, as my mentor teacher was just telling me that their district just had a reduction in force only a few years ago, and several jobs were lost. The district has much less money to work with and felt they had to make some cuts. Along with changing the calendar to a longer school day but shorter year, as well as other budget cuts, they also reduced the size of personnel. Several things were listed as grounds for dismissal, and as I read about them, I truly hope very few teachers are ever found guilty of such things. As teachers, our sphere of influence is large. We not only are models for our classroom, students in the other grades are watching us too. If you stay at a school for several years, you influence a large number of kids. I hope that as a teacher I can have a positive impact on the lives of my students, having character traits that would be a good role model for them.

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    1. Jenny,

      I thought chapter nine regarding discrimination was interesting, but one thing about school communities that I have noticed is that they are a pretty cool bunch to be around.
      I know what you mean about being concerned in this economic climate about gainful employment in a school district. I don't want to be unemployable after graduating. Chapter 11 reminded me that there are more teachers out there than jobs.

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  3. Chapter 9
    The information given about Discrimination in Employment was fairly review for me, as most of my previous jobs had these posted all around the employment facility. It was a little shocking to see the statement that it’s usually difficult for one to prove that they were not hired, or fired based on discrimination instead of other reasons. I can see the difficulty in this though, and hope that in most cases it is thought out fairly. It seems in the media we are always seeing something about sexual discrimination, or in some cases sexual harassment against employees, it was nice to see this mentioned in this chapter. Being a young mother, it was relieving to see a section covering pregnancy. I’ve spent a great amount of time in our local school district, and this year we had a total of 9 women pregnant that were employed by the school; our school does a great job at treating pregnant women equally and giving them their rights when it comes to maternity leave.

    Chapter 10
    This chapter talked about the teacher’s freedom, and I was very relieved to see we would be reading about this! In our local community, I see many teachers and coaches that stay “under the radar” in the sense to going out or “celebrating” or drinking for that matter. I think this is a good thing, teachers have a disposition they have to hold when it comes to their title in the community, and we are teaching their children and should keep our reputations in good living. When reading about religious discrimination, I feel this is a highly important topic. We have so many different religions in our world, and its important teachers know the boundaries on this.

    Chapter 11
    I have always been so confused with teacher tenure and what it meant. After being introduced to this lingo the last couple of years, it was very beneficial to me to see it written down in this Law Book. Many teachers in our school district are big fans of tenure, and I think it’s only fair to have this in our school systems. I think teacher evaluations are very important, are the teachers doing what they’re suppose to be doing, are they being effective, are they using good teaching strategies? It’s absolutely crucial that evaluations be done to each teacher, every year! The criteria under which teachers could be dismissed was nice to read about: immortality, harassment, neglect of duty, etc. With all the budget cuts in the education world, it was not surprising to see this brought up. It’s reasons, rules, and regulations were great information for a future teacher. This is something we could all potentially face, especially if we are not tenured yet.

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    1. Shea- Chapter 11 cleared up some confusion for me, as well. The teacher evaluations are so important, but I get butterflies in my stomach thinking about them! I bet it's very nerve-racking!

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    2. Shea:

      I agree with you about Chapter 9 being a review. I’ve heard about it since I was in high school government. Chapter 10 was kind of ironic because teacher’s freedoms aren’t really existent in my mind. When I was teaching, I also tried to fly under the radar as far as ‘celebrating.’ Tenure is one of the best ideas in our careers. I know that Colorado has basically gotten rid of tenure because of the changes they have made and the pressure of the test results. I really don’t think it’s fair to do that.

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  4. In chapter 9, table 9.1 was a nice condensed version of the major changes under the reauthorized ADA amendments act of 2008. FMLA is an important feature. I knew a teacher where I worked that had to use FMLA to keep her job when she had complications with her pregnancy and had to take extra time off before her child's birth. By law, they couldn't fill her position when she was out.
    Chapter 10 talked about teacher freedoms and nothing really struck me as out of the ordinary for this profession. They could have summed up the whole chapter by just saying that teachers have the same rights as any legal citizen.
    Chapter 11 went over tenure, dismissal, and collective negotiations. I kind of have mixed feelings about tenure. If a teacher is doing their job well, then tenure is really irrelevant because the district will want to renew your contract every year. It was hard to read the section regarding financial exigency. At the school I was working at, they would place in the employee lounge a printout of all the teachers in the district with their years of service. We had one young teacher who was finishing her second year. Several veteran teachers had to go to bat for her because they didn't want to lose her.

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    1. Victoria- I agree with your thoughts on chapter 10. It was a bit lengthy for what it contained!

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    2. Victoria Donnelly: I agree that chapter nine was condensed in a very easy way to read. Similar to your story I had a teacher while I was in grade school who could not be fired while out for pregnancy reasons.

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  5. These three chapters hit on the basic support that all educators are covered under and the legalities that all should be aware of. First of all, when growing up in a very small community where everyone knew everyone and your neighbor was also your teacher, we did not have a high incident report of discrimination. Yet, as soon as the community of six hundred residents received their first black minister in town, the community, who was predominantly white protestant, became uneasy. When an individual hears discrimination, a case such as this is probably the first thing that comes to mind. However, the workplace definition of discrimination covers any and everyone regardless of religion, race, disability or sexual orientation. One element that I was particularly interested in was the definition presented by educators who find themselves taking extended leaves due to pregnancy. I am getting married in a few weeks and my fiancé and I have already been in discussion as to our family planning. I was concerned that while being pregnant in a school system that I would lose my position or simply not be hired because there is that possibility that when I am looking for a job, I could potentially be a few months along. We are looking into family planning so that I would have our first child over summer break; yet, one thing I have learned from life thus far is that anything can happen. And in this case, only time will tell. Additionally, it is encouraged that teachers have the same freedoms in their lives along with educational and political views as the families they are educating. This freedom of expression is protected by law, however, it is always in the best interest of the educator to be aware of their social surroundings and if there may be any sort of confrontations, it is best to keep your thoughts, views and opinions to yourself. Especially if it effects your position! Finally there is the issue of tenure, dismissals and collective negotiations. In my local area there has been a recent uproar on teachers who receive tenure. Recently a local district wanted to make all teacher reviews public knowledge. Not only does this affect privacy of the classroom, this was hammered immediately by the local NEA chapter, which then caused a larger uproar in the community about “unions”. I firmly believe that if a child or parent as a question or issue with an educator, follow the ladder of authority. First confront or visit with the educator, if that doesn’t work, building administrator. Many in the communities do not understand why we do the things we do, the way we do. Educators have always encouraged family and community involvement. Become active in your educational system just keep an open mind and support instead of critique your community leaders. We are the individuals who are shaping and educating the children that will one day be leading this country.

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    1. Megin - isn't it crazy that we have to (try to) plan our lives around a teacher's schedule? I know a teacher who tried to plan for summer babies, and missed all 3 times! I think there should be some sort of maternity plan for teachers (our jobs are all about children, hello!), because I personally know how hard it is to have to take 6 weeks off of work with no pay.

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  6. Chapter 9 brings up a touchy (and sometimes scary) subject. It talks about discrimination in all shapes and sizes. Employees (or applicants) can be discriminated against in many ways, all of which are unlawful. It touched on discrimination based on sex, religion, age, disability, race, even if you are pregnant or your family situation requires you to be on leave from school. It’s reassuring to know that discrimination (in any form), is unlawful. However, who holds the administrators accountable? An administrator could easily higher one applicant over another, claiming the applicant chosen was more qualified, while all along it was because one was female and one was male, or one was white and one was African American. It’s a true test of character and a person’s morals, to put aside any discriminatory factors when hiring an employee. I know a teacher who was scared to death to tell the principal she was pregnant during her interview (for her very first teaching job). She was afraid the principal wouldn’t hire her, knowing she’d be on leave for at least 6 weeks. She ended up keeping it from the principal, for fear of not being hired. It’s sad that she had to go to those lengths, but the fact that she was pregnant had nothing to do with her ability to be a great teacher and wonderful addition to the school.
    The section in chapter 10, dress and grooming, caught me off guard. I just couldn’t believe that some people tried to argue the fact that they should have dress codes! If you work at McDonalds, Wal-Mart, Pet Smart, etc. you have to wear a uniform. If you work at a bank, as a lawyer, an account (and want people to take you seriously), you dress as a professional. End of story. Why would you expect students (and parents and members of the community), to take you seriously and respect you if you showed up to work in sweats, or jeans and a ratty shirt every day? It seems absurd that anyone could argue this fact.
    I did enjoy reading the “Do not” section, when it says “participate in any activity that may create embarrassment for your school district or render you unfit because of the nature of the activity and its impact on the district.” I know a few teachers from my town that regularly go to the bar and get seriously drunk, make poor decisions, and act like it’s nothing. I am embarrassed by their actions and try not to associate with them. It’s difficult living in a small town because everyone knows your business. These teachers make their business known to everyone and it reflects poorly on their character. I am very surprised they haven’t compromised their jobs yet!
    Chapter 11 cleared up some gray areas for me. I didn’t fully understand tenure before reading this chapter. The section on sexual advances toward children made my heart hurt. I hate that there are awful people out there that this is directed toward. We have to make schools safe for our children! It disgusts me that this is even an issue, but I know we must read about it for the better of our students. The whole dismal section was interesting and scary at the same time. I feel like you can be let go for any little thing if the principal feels it is necessary! I know that as long as I give 100% to my students and try my best I should be okay; it’s just scary to think about evaluations and such!

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    1. JoAnna,

      If I'm understanding you correctly, you think it was ridiculous for teachers to say that having a dress code restricts their freedom. I also think that was silly. Every other place of employment has some sort of uniform or dress code so why is it so restricting to have one for teachers? And the schools have a dress code for the students so it should apply to the teachers as well. It was sad they had to spend time talking about such a common sense subject!

      Amy

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    2. I too agree with the dress code! I feel it is apart of our responsibility as educators. We should dress how we want to be perceived, and wearing ratty clothes is not how you want to be viewed by students, parents, administration, and the community. I think dress code is a serious matter with any profession, and you should dress the way you want to be viewed and treated. If you are dressed professionally you will be treated in that same sense. Some days I feel like I am dressed more professionally than some of the teachers where I do my internship, I think this area is lacking in several schools and should be refreshed.

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  7. Chapter 9. I was more familiar with this chapter then any of the others I have read for this class opr the RLA class that I am also in. I have bachelors in HR management so employment discrimination was a main focus of many discussions and papers. This chapter covered the fact that teachers cannot be discriminated against due to sex, religion, national origin, race or color. This means an implorer cannot refuse employment based on any of these protected classes. Because of the many factors that fall under discrimination it is the teachers (employee) job to fully understand their rights and responsibilities with regard to this subject. Teachers should be aware of the laws and the school rules with regard to harassment because this could easily be a student to student issue that we will encounter in our years as a teacher. We must make sure that we handle it within the confines of the law.
    Chapter 10. This chapter covers teacher freedoms and I found it very interesting. As I have been in schools and have witnessed not teachers but Para educators in what I would consider unprofessional dress I think that it is even more important that we have some safe regards with regard to attire in the schools. Teachers and staff are a role model for the young impressionable minds that they are there to teach and if they are dressed in shorts and a t-shirt they are far less likely to be taken seriously when they are teaching. We need to remember that we are there for them and need to act accordingly. I was surprised to read that many states prohibit religious garb in the public classroom. I am not what I consider overly religious but I have word the same small gold cross for nearly 15 years and can’t imagine having to go without it. I think that I could put it inside of my shirt but I was just surprised to see that it could possibly be an issue. I guess someone could wear a t-shirt that had an offensive religious overtone to certain religions and the line is hard to draw. This section made me really think about how much influence I will have on my future student and how I need to insure that I am always mindful of how I approach them.
    Chapter 11
    I was glad to get more information on what tenure really is. I have heard the term before and had a general idea of the outline of it but this chapter cleared up any questions that I may have had about the process. Tenure does not guarantee you a spot at the school nor does it give the teacher more rights than any other teacher. What it does do is make the need for more documentation to dismiss a teacher. You can be let go just because of downsizing or to make room for new teachers at a lower pay grade. Teachers need to be mindful of every action they make regardless of whether they have tenure or not. We have to remember that we have many little eyes watching every move we make and we have to be great role models for them.

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    1. I agree with you that our students are influenced by watching their teachers. You said that you had seen paras unprofessionally dressed but I have worked with a teacher that needed some help. This teacher not only wore sweatshirts and sweat but didn't smell the greatest either. I work with high school students and they definitely don't need help dressing with no respect to their bodies. I often wonder if uniforms would be easier.

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  8. Chapter 9
    This chapter discussed discrimination and the laws that protect us as teachers. Discrimination is something that shouldn’t be taken lightly. I really liked how this chapter also talked about ADA. I thought this chapter discussed a major issue in education and that is sexual harassment. That is something that isn’t taken lightly and is very serious. Teachers need to be very careful when it comes to discrimination and all harassment not only for us but also our students.

    Chapter 10
    This chapter covers the rights and freedoms that teachers are entitled to. I think this is always something that is in the back or our minds but this chapter really made me think of what I wear, say, and do and what all my teachers did when I was in elementary school. Teachers are role models and with that come certain limitations on what they should and shouldn’t do. Students are going to notice everything we do, not only in the classroom but also outside.

    Chapter 11
    Chapter 11 explained tenure, dismissal, and collective negotiations. This chapter cleared a lot of stuff up for me. I’ve heard it all before but it never made much sense. I think teacher evaluations are a good way to decide what is going to happen to a teacher. It makes me nervous when I think about being evaluated and how that could effect my future at a school.

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    1. Darci,
      I too am extremely nervous about evaluations. I hate being watched when I am teaching. I hope that we are fortunate to have great administration that evaluates us. I have seen many that don't really give teachers what they really need to become better teachers. I hope that we have admin that will sit down with us and talk about what they saw and show us how to do better.

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  9. Of course it goes with out saying that all three of these chapters have lots of useful information in them. Chapter 9 is truly like reading law information. It is also information about discrimination that rings true with most every profession. Chapter 11 is also very technical about tenure, dismissal and collective bargaining. I think that the issue of tenure is interesting in that it any teacher who earns it acquires a claim to their teaching position. Once tenure is obtained then the teacher can only be dismissed for cause. Causes for dismissal range from incompetency to insubordination to neglect of duty to issue surrounding immorality. Immorality issues seem a bit two fold for me. It seems that there is one side where sexual misconduct with a student is very clear-cut wrong but there also seems to be another side where it seems vague. To state that it “involves conduct that violates the ethics of a particular community” leaves a lot to personal judgment.

    By far though, my favorite chapter is chapter ten. I know that some of these topics should go without saying but do that many teachers really complain about what they are made to work so much that it requires a section in this book? And are you kidding me with the section about unwed pregnant teachers?? Really in this day and age?? What about the man who got a woman pregnant out of wedlock??? I find the fact that it has been written and everything about the words written in it absurd!!! I am by no means a women’s rights nut but to say that this issue, the way the wrote it, even raises a flag for a woman is in my opinion completely uncalled for.

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  11. Chapter 9

    When entering on a job you really need to be aware of the rights of the employee and the employer. Discrimination is a big issue and I do not think that it is going to go away no time soon. The practical points were very interesting to me. One needs to know the do’s and don’ts on the job. I understand that pregnancy should not be used against a person that will intimidate them about their jobs. Right now at the school there is one teacher on maternity leave and anther is soon going on maternity leave also. Yes it brings a strain when you do not have teachers in abundance. I believe if there were more male teachers the female teachers would have been our number. Now that will be discriminating. Reality is reality and from these practical tips I have learned a great deal.

    Chapter 10

    I think that everyone has a right to privacy. If a teacher is caught in a questionable act the board or the district has a right to pursue legal actions. Any time a teacher does something that is contrary to rules and guidelines that person is not covered under any privacy act when the welfare of students might be in danger. A teacher should represent his or her school to the highest professional level. I like what the text mentioned be it written or oral without harming anyone’s reputation.

    Chapter 11

    I think that phase “Good and just cause” may not get used often but I can see it as being abused. Teachers are held up high and the standards that we set should be kept high. I feel if a teacher thinks that they need a break they should request one because teachers do get burned out. I believe this where a teacher can become impaired, ineffective or not performing. Although teachers get long vacations than other vocations after a certain number of years, I think a teachers’ need to be re-fire and recharged.

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  12. Chapter 9 - I am familiar with amendments, laws, and acts that prevent discrimination based on race, color, religion, sex, age, and disability although I couldn’t have told you the specific names of the legislation. One thing I did learn is that the Supreme Court developed a three-step process for Title VII challenges. It is interesting that the initial burden of proof lies with the plaintiff, which then shifts to the defendant if the plaintiff establishes a prima facie case, then it can move back again to the plaintiff if the defendant legitimately refutes the prima facie case. The initial responsibility of the plaintiff makes it difficult and intimidating to initially file a complaint in court. It was also interesting that the ADA only prohibits discrimination when the employer has 15 or more employees and only employers with 50 or more employees are covered by the FMLA. Lastly, I was surprised that sexual harassment victims can be anyone affected by the inappropriate conduct, not just the person the acts were directed at.

    Chapter 10 – Although I want to feel comforted by this chapter, I’m not sure that I do. It is great to know that teachers are still allowed to express their views and opinions outside of school without professional risk. As long as certain procedures are followed, like not using the classroom as a forum to advance personal causes or specifying that political involvement is personal and not professional, a teacher is protected by the first amendment. Personally, I know that I have religious and political views that differ from the majority of people in my community. I am always afraid that if people at the school find these things out then I will have a hard time getting a job there (or suddenly find my contract not renewed). Since we learned in Chapter 9 that the burden of proof would be on me, would I ever have a chance of knowing if that is really why I didn’t get the job or if it was my actual qualifications? I still feel like I have to keep my views a secret from the community.

    Chapter 11 – Well, this chapter is particularly relevant to me right now. My state (South Dakota) just passed a House Bill that does not allow any new teachers to get tenure. Any existing teachers can still get tenure but new teachers are no longer eligible. This makes me extremely frustrated because I know that in the event of budget cuts I would be the first one to go, even though there may be many other teachers who would not perform as well as I do. I know that tenure is supposed to protect quality teachers but I just don’t agree.

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    1. Amy, I agree with you statement about chapter 10. While I was reading chapter 10 I felt like there was a lot of emphasis put on the community and what they feel is acceptable. I understand how it can play apart in what is acceptable but we live in a diverse world! I think it should be based upon professionalism, if your conducting yourself in an appropriate manner and not subjecting your personal beliefs to the students then it shouldn't matter what your religious status or political views are.

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  13. I took some important information from these chapeters. In chapter 9, discrimination in employment is discussed. I think we all know the basis of discrimination and what all it entails, but there were some specifics that I was unaware of. For instance, I didn't know that the laws regarding discrimination didn't apply to educational institutions until 1972. I was also surprised to learn that sexual orientation isn't included in the list of areas that cannot be a factor. I think the area we need to be most focused on as teachers is disability.

    I liked the quote, "School districts must utilize standards that identify the diabled person's skills rather than his or her impairments." That is exactly what we should do as teachers. We should see what our students are capable of, not what they're incapable of. Students with disabilities are afforded all of the same rights as students without disabilities and it is our job to provide those rights to them.

    Chapter 10 gave me even more to think about. I think what it comes down to is that we are held to a higer level than the majority of humanity. Teachers are seen as role models and should do no wrong (even though we know that's not the case). This chapter kept stating that teachers receive all of the same rights as other citizens, but it always followed that statement basically saying that that wasn't really true. We are allowed all of our freedoms within reason, which should be common sense to teachers. We must always be careful of our actions.

    Chapter 11 pretty much covered job security. I think too often teachers work hard to gain tenure and then become somewhat lazy. I'm not saying that's the case of all teachers, but it does happen. It will be nice to have some job security, but it's not really fair if that comes at the expense of a teacher working his or her hardest. We have the future in our hands and there is no room to not push them to be their best. Teacher evaluations are one way to help ensure that teachers are doing well, but educators are almost always aware ahead of time that they are going to be evaluated which provides time for them to beef up a lesson. Of course I would like to know if I am going to be evaluated, but I think there are some problems with tenure and teachers feeling safe in their jobs.

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    1. Kyleigh - I agree with you about teachers who gain tenure. It's not necessarily that ALL teachers become lazy, but that the motivation to "keep" your job isn't so much an issue. Teachers tend to relax rather than keep improving their skills, knowledge, or techniques. Michelle Rhee is right on the money when she talks about improving the checks and balances type of system we have in place right now for teachers who have tenure. Just because a teacher has tenure doesn't mean that they shouldn't still have their performance and instruction assessed. They should be held just as accountable as they were prior to their tenure. This is as much for the benefit of the teacher as it is for their students and the school and school district. I know not everyone agrees with this opinion, but I think it makes sense in order to keep teachers motivated to improve and to ensure quality education for our children.

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  14. Angie Radabaugh
    Essex
    Chapters 9, 10 & 11

    Chapter 9

    This chapter is about Discrimination in Employment. This information was a refresher course for me. As an employer it is illegal to discrimination due race, sexual orientation, and disabilities. According to the ADA as long as an individual with disabilities is able to perform the essential job duties with or without accommodations then an employer can not deny the individual based upon their disabilities.

    Chapter 10

    This chapter is teachers having personal rights. This chapter was interesting to me for the simple fact that the community plays a role in what is seen as appropriate behavior/dress, and what is not appropriate. Throughout this chapter our Constitutional Rights are discussed. It is reassuring to know that our Constitutional Rights are protected as teachers. One thing that really stood out to me is the following statement on page 149, “Teachers, in exercising lifestyle choices, must also be reminded of the professional nature of their position and the impact that their behavior has on a children, who often view them as role models.” I believe as a teacher you should hold yourself at a higher standard because students to view you as a role model!

    Chapter 11

    This chapter helped clear up a lot of questions I had! I now understand what tenure is, although I’m not sure I agree with it. In my opinion, if a teacher is doing a great job, then she shouldn’t have to worry about if her contract will be renewed. The thought of being evaluated is a little intimidating, however I completely understand why it is necessary and most jobs have some type of job performance evaluations. I like how this book offers guides, and tips throughout every chapter.

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    1. I never was a wild and crazy person to begin with but I do agree with being in control of your self as a teacher because of the kids that look up to you. However with somethings I do wonder about such as getting a tattoo, but you can't do it in a place for little kids to see it so whats the point of getting a tattoo if no one can see it? Trust me I don't want a tattoo! I am too much of a wimp, it is just something I wonder about with the tug between being a good role model and the teacher's freedoms.

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  15. Nicole Schell
    Chapter 9 of the Essex book covered discrimination. I this day and age, one would think the majority of these issues would be behind us. Unfortunately, they are not, so it is necessary to be aware of the laws and legislation regarding the matter. It is especially important for teachers, because can and do affect people in education. In any of these chapters, I always feel like it’s important for us as pre-service teachers to be aware of how they could impact our lives and where the burden of proof lies in regards to each situation. In the case of discrimination, the burden of proof is on the employee. If they can show how they think their case is discrimination, then the burden of proof then shifts to the school district. I think cases like these would be rather hard to prove from a teacher’s standpoint. My thought is to always keep detailed records of everything that you do in the classroom and any interaction that takes place with school employees that might be looked at or scrutinized. I don’t like thinking along those lines, but it can often make a difference when you have dates, times, and events recorded that can back up your position.

    Chapter 10 discusses teacher freedom. While I feel that teachers should have the same freedoms as anyone else, I also feel that they should hold themselves to a fairly high standard. It’s not so much about religious freedom or being able to dress the way you’d like. It’s a matter of presenting a good and respectable image for your school district and for the profession in general. Whether we like it or not, we are role models for the children we come into contact with, especially those who pass through our classroom. If a teacher engages in inappropriate conduct that could be made public or that puts the school district in a bad position, that teacher should be held accountable for their behavior. No one wants to see their employee or their child’s teacher on the internet in a compromising position or some similar situation. With the acceptance of a teaching position, we should be aware that we are agreeing to the conditions described in this chapter. If someone wants to engage in behavior that doesn’t mesh well with the expectations of a school or district, they should reconsider their professional choices.

    Chapter 11 touches on something that we should all be aware of as we enter the teaching profession. Tenure is something that I hadn’t completely understood until I read this chapter. I am more aware of my rights and the actual process of tenure now. It is also good to understand the conditions under which a school district can dismiss a teacher. Again, this is where keeping good records come in handy for the teacher. The burden of proof is on the school board or district in these cases, so it’s good to have a clear record of what you have done professionally, the scores and assessment results of your students, and any other pertinent information that might back up or help your case should you find yourself in a dismissal situation. It’s also nice to know that teachers have more opportunities to participate in organizations that help them and their co-workers professionally. A professional organization can be very helpful during negotiations concerning contracts, raises, or other issues teachers face every year. Teachers shouldn’t fear being penalized or dismissed due to affiliations or membership with those organizations. There are so many legalities to consider when joining the teaching profession. I fell much more informed about these issues and will definitely keep this book around for future reference!

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    1. Nicole,
      Well put, it is sad that we are still dealing with discrimination is such a diverse society. You also made a good point about keeping track of incidents that occur so you can protect yourself. I agree with you that teachers have an obligation to conduct ourselves in an appropriate manner that is respectful of ourselves and other. I also learned a lot of things about tenure that I was confused about. These chapters were not the most exciting to read but definitely have a lot of important information. Kara

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  16. Chapter 9

    Chapter 9 discusses discrimination in employment. Although this seems to be covered every time I have applied for a job, I never really knew every part of the discrimination protections for employment. Discrimination topics discussed in this chapter include age discrimination, pregnancy discrimination, race, religion, and sex discrimination, and discrimination against people with disabilities. These are prohibited by constitutional, federal, and state statutes. The most influential legislation that prohibits discrimination is Title VII. This prohibits the employment discrimination against race, sex, religion color, and national origin. As long as the person meets the qualifications (with or without adaptations) to perform the job, the person cannot be turned away from a job because of a discriminatory factor and there has to be a reason why the person was let go or turned away based on the person qualifying for the job. I know of several people with disabilities that perform very well in their job because of adaptations and their bosses work very well with them. Another thing that was discussed was Family and Medical Leave Act. My little sister had her baby when she was in high school and her baby was born at 26 weeks so the baby had to stay in the hospital for three months and since my sister was still in high school and staying at the hospital with the baby, my mom’s work actually went along with this act and let her be with my sister out of town for several months at the hospital. So the FMLA is something I have seen first-hand.

    Chapter 10

    Chapter 10 is based on teacher freedoms. One of the things I have worried about once starting my teacher career is losing some kind of freedom because I am now a teacher, for example still having a private life and also not be continuously judged by school officials. I am not saying of course that I am a wild and crazy person more of just where does everything stand, so I really did enjoy this chapter. I do have several cross necklaces that I never take off. One thing I usually wonder when I wear one of them to school is if it will violate some kind of school and no religion code. However, this chapter does address this issue and does seem like there are contrasting opinions on wearing religious grab to school but at the same time it does violate the teacher’s rights and freedoms.

    Chapter 11

    Chapter 11 discusses tenure, dismissal, and collective negotiations. My family is big into politics so school is something often discussed. I have often heard about tenured teachers in these family get togethers and how it might be a bad idea. Therefore, I always thought this meant the tenured teacher is guaranteed continual employment, but after reading this chapter I did learn more about this topic. Tenure is actually used to protect teachers who are competent and effective. Reasons for being dismissed are listed as well, such as incompetency, neglect of duty, and insubordination. Teachers are evaluated often with the help of the administration so to allow the teachers to improve their teaching skills. I remember when I was in school and the principal would always come sit in the classroom for a few minutes and I thought we were all in trouble. Now in my internship class the principal also visits the classroom weekly to watch the teacher. However, I think there is more to this because there is no way the principal can evaluate the teacher just from being in the classroom for a few minutes a week.

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    1. That was great how your mother's work allowed her to be with your sister when she really needed her. As for the religious point I can see why it is in discussion. It is hard to tell one person even a teacher that they can not show their religious views, by wearing religious items. But I can kind of see where that is coming from, just because of the experience I have had in the classroom. I have kids telling me who they want to be our new president. I ask they why and they say because "that's who my parents want, they don't like so and so." Children are impressionable and they should be able to decide for themselves, however are we taking a right away from teachers that we shouldn't Be? I don't know. Good post!

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  17. Chapter 9
    This chapter discussed the different forms of discrimination that all employees and even students can be victim to. It says in this chapter that anyone who is able to perform the job requirements can’t be discriminated against and it is up to the employer to prove that they are not discriminating if they are accused of it. There is several type of discrimination such as: sex, age, race, color, and religion. People who have disabilities are still qualified to work under the ADA as long as they can perform the essential task without having unreasonable accommodations. I would assume it would be hard to prove discrimination when it comes to work, especially in today’s economy.
    Chapter 10
    This chapter was the most interesting to me. It discussed the freedoms that teachers have. I found it very interesting the restrictions that teachers have on things that they say, who they speak with, what groups they are involved in, and even what they wear. Much of this I already knew so it didn’t come as a total shock to me; however there were a lot of things that I was unaware of, such as wearing religious items. I know the book said that teachers have their freedoms, but they are also being watched very closely. I would assume that if a teacher was going drinking at the local bar every night then that would be cause for concern even though it is on his/her time. The parents may find this to be questionable activity. This chapter just really opened my eyes and made me more aware of what I do.
    Chapter 11
    This chapter also had a lot of good information in it. I was already aware of tenure so that information wasn’t new to me. However the why that teachers can be dismissed from their position made me think twice. WoW! Some teachers go through all of this schooling just to throw it away by being inappropriate. I know we have all heard in the new about teachers and their students, it is just disgusting! On the other hand the other information about being dismissed helped me understand the process and what teachers have to go through to keep their jobs.

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  18. Chapter 9
    Chapter 9 of the Law Modules was about discrimination in employment. The information covered in this chapter was basically a review of information for me that I was aware about but I was able to find some information to be interesting. I was kind of shocked to see that the Civil Rights Act of 1964 Title VII did not apply to discriminatory employment practices in educational institutions until 1972. I really wonder why it took so long for this to be enacted for educational institutions, and why it was not included in the Act in the first place. It was kind of disheartening to hear just how difficult is to try and prove that you have been discriminated against. Another fact that was brought up on this chapter is that until the Pregnancy Discrimination Act of 1978 school districts were able to enforce policy cutoff dates, which meant that women were required to leave their jobs because they were pregnant. The last section of this chapter discusses sexual harassment which is something we unfortunately see and hear about a lot in the news, in regards with education.
    Chapter 10
    Chapter 10 discusses the personal rights of teachers. It is stated in this chapter that teachers do not lose their constitutional rights once they become teachers. This chapter reinforces the idea that as a teacher you need to be a professional and represent yourself as a positive role model, not only at school, but in the community as well. This chapter also discusses the academic freedom teachers have in their classrooms. Though there are some limitations teachers are able to decide on how they teach a subject, as long as it is appropriate and part of the course of study. The classroom should not be a place where you, as a teacher, use it as a forum to discuss your political or religious views.
    Chapter 11
    Chapter 11 discusses tenure, dismissal, and collective bargaining. I found this chapter to be informative since it was an area I am not really familiar with. In regards to tenure it is provided to teachers as a form of job security. Tenure is meant to give protection to those teachers that are making a difference, are competent, and effective in their teaching. It is not only good for teachers but for students as well because it provides a degree of permanency, in which there will be many great and experienced teachers for students to learn from. I was really surprised to see that a teacher can have tenure as soon as they have completed 3 successive years of teaching. For some reason I had it in my head that it took much longer than that to get it. The section on dismissal was pretty much common sense information, but also good information to keep in the back of your mind when making decisions in regards to your behavior.

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  19. April Burrows-Lewis

    Chapter 9 was about the laws of discrimination and how we are protected as employees. The specific discrimination that this chapter hits is sex, race, age, color or religion. As many of us know there shouldn’t be any discrimination in the workplace. But, it does happen and that is what the chapter talked about and how employees are protected from discrimination.

    Chapter 10 was about teacher’s freedoms. Yes, as a teacher you still have freedoms! Although, I think it is important for a teacher to keep up professional reputation. A lot of people think just because you are a teacher your personal life stops. That just isn’t true! Teachers can still have a personal life and they have the same rights as any other person.

    Chapter 11 was about tenure, dismissal, and collective negotiations. I have always been confused about this whole section. Now that I have read the chapter I have figured a lot more out. Tenure is actually a good thing especially when teachers are doing a good job. There should be a major issue if a teacher is being dismissed. If a teacher is doing a good job then he or she should not have to worry about getting a renewed contract. This chapter was pretty much over “job security” as one of my classmates said.

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    1. April,
      It is sad but true. Discrimination is still happening daily against people for many different reasons. I can see why it is necessary to have these laws protecting these individuals against discrimination. I agree with you that it is very important for teachers to keep up a professional reputation and to be good role models for their students. I like how you used (0r borrowed!) the term job security. This is a good way to describe chapter 11. Kara

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    2. I agree with both of you! Discrimination happens all the time and we see it on a pretty regular basis. As for teachers keeping a professional reputation, it is very important! The key word in that is professional. I know, and I am sure you know, teachers who are not always professional. I certainly think differently of those teachers than I do my favorite and more effective teachers. Just something to think about when we start teaching!

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    4. I like how you said that our personal life doesn't stop when we become teachers. This is very true. I do think that many younger teachers have a difficult time transitioning out of the college phase into the professional phase though. Our profession is to mold young people and when we chose this, we are choosing a lifestyle in my opinion. Chapter 11 was an eye opener to me also. Before reading the chapter, I definitely felt more like tenure was a bad thing. I now understand more of why it was put into place and the original purpose of the statute.

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  20. Chapter 9
    This chapter focuses on discrimination based on sex, race, age, color, religion and the laws that prohibit this. Title VII of the Civil Rights Act of 1964 outlines what constitutes unlawful employment practices. ADA and Section 504 are also discussed and how they protect individuals with disabilities against discrimination. It gives information on qualification requirements to be protected under ADA and Section 504. Some other areas covered in this chapter are sexual harassment, the Family Medical Leave Act, and pregnancy and public school employment. I thought the practical tips on what to do and what not to do were very informative. I think it is important for educators to be informed about these laws and ways to stay in compliance with them.

    Chapter 10
    This chapter focuses on teachers freedoms and the balance between the school's interest and the personal rights of employees. Substantive and Procedural Considerations are explained as well as the due process procedures that must be followed when a teacher has been denied life, liberty or property, the end result basically being a fair and impartial hearing. Freedom of Expression was addressed and how it must not disrupt the educational interests of the school and how the burden of proof is put on the school. This chapter also discussed academic freedom and how it is a limited concept in schools. There is information about freedom of association, political rights, right to privacy and religion and the school. I thought the list of teachers freedoms was informative as well as the practical tips section. I was surprised to see the section on dress and grooming. I had never really thought about it but there are some teachers who do not dress appropriately and it is sad but necessary for the school officials to have the authority to regulate their staffs attire. The areas covered in this chapter can greatly effect a teacher and being informed about these freedoms and limitations is very important.

    Chapter 11
    This chapter has information about tenure, dismissals and negotiations. A tenure contract offers educators protection from mistreatment by school officials, provides security in teaching and ensures due process of the law for removal. I was interested on the area of acquiring tenure. I have wondered about this and had a lot of my questions answered through reading this chapter. Non-renewal, probationary periods, state involvement and workers compensation are all discussed. One of the areas I thought was especially important to pay attention to was on teacher evaluations and the guidelines to follow and steps that must be taken if a teacher disagrees with or believes the evaluation is unfair. Financial exigency and reduction in force as well as what needs to be demonstrated by the school during these is mentioned. I thought this was interesting considering the current financial states of many of our schools. Dismissal for cause and what good or just cause is including how it can be used to bring dismissal charges against a teacher and who is responsible for burden of proof is covered in this chapter. I did not know much about collective bargaining and the rights of employees before reading this. It seems very detailed and I do not completely understand it but have a better idea of what it is and how it is done now.

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  21. Chapter 9
    This chapter is titled Discrimination in Employment. It covers a wide range of different discrimination that is prohibited within the school districts like “race, color, religion, sex, and national origin”. I found this chapter interesting. It covers what laws protect us as educators, and important statements to remember. It also discusses what the ADA does and what its main purpose is. All these factors are important for educators to know and keep in mind. This chapter is a good refresher on how we should be treated in our job. Table 9.1 was a nice condensed version of the major changes under the reauthorized ADA amendment acts of 2008. Overall this chapter was a nice review, and very important for all educators and future educators.
    Chapter 10
    This chapter was titled Teacher Freedoms. This chapter covered what freedoms we are entitled to have as educators. I think is chapter is important to remember in the sense we are always being watched. Whether it is in the school we are employed at or outside of school we should always remember our actions affect what we do. The other topic was dress code. I feel it is a part of our responsibility as educators. We should dress how we want to be perceived, and wearing ratty clothes is not how you want to be viewed by students, parents, administration, and the community. I think dress code is a serious matter with any profession, and you should dress the way you want to be viewed and treated. If you are dressed professionally you will be treated in that same sense. Some days I feel like I am dressed more professionally than some of the teachers where I do my internship, I think this area is lacking in several schools and should be refreshed.
    Chapter 11
    This chapter covered tenure, dismissal, and collective negotiations. Tenure is the protection of teachers who have taught for three consecutive years in the same district. This protects the teacher from being dismissed or non-renewed without an explanation. The dismissal of a non-tenure teacher can be for different reasons, but administrators do not have to provide the teacher with a reason. I found the teacher evaluations to be very important. As a future educator I think it is important to grow as an individual and learn from the mistakes we may have made. This is a time for us to evaluate and learn how we can do better; this will allow us to be the very best teacher we can be!

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  22. Chapter 9
    Discrimination in employment is a subject you here all the time at work, and at school. It’s even in every syllabus from FHSU. I thought I knew quite a bit before reading this chapter. I was not aware of the history of it all. I was not aware of the Civil Rights Act of 1964 Title VII. I also was not aware of the McDonnel Douglas Corp, v. Green in 1973. I was very happy to see that this chapter talked about Section 504 and ADA. Those sections I can relate on a personal level from my brother and sister. When reading this chapter I was unaware of the FMLA was for. I liked how the text always has their information in a numbered list. This makes the information easier to understand. Even though this book states that discrimination is forbidden…I believe it still is present in the schools and in the work setting. We just do not want to accept it.

    Chapter 10
    This chapter has a lot of valuable information. Every teacher, especially new teachers, should be aware of this. A very important quote from the text would be “a teacher’s freedom of expression rights are protected, They are, however, subject to reasonable considerations…”. Basically for me this means be aware of what you say. I was very shocked by the section Unwed Pregnant Teachers. This was a subject I did not even think about. I am glad that now we look at the teachers work ethic and not judge on other areas. I still think others, even if they will not admit, will still judge.

    Chapter 11
    This chapter was very unfamiliar to me. I was surprised to read that tenure may be attained only after the teacher has completed three consecutive years in the same district. I would think this would be longer. I always hear jokes about tenure. I hear that once you made it to tenure, you can slack off. It was good to see that the chapter said that “Tenure is not designed to protect teacher who are ineffective”. This chapter made me more aware of dismissal for cause and the subheadings that went along. I had never heard of prima facie before until this chapter. Collective bargaining was very interesting for me. Good or just cause was a term I thought I would not hear. With the guides that came with the subject I was able to understand better.

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    1. Unfortunately even thought there are laws for things there will always be people who either do not believe they pertain to them or are just ignorant of them (which is no excuse). The best we can do is to be diligent ourselves of making sure that discrimination does not occur around us and to help others if we see discrimination occurring. I believe that teachers should be held to a higher standard. Children look at their teachers differently and will think that if my teacher did it then it must be okay. Teachers should lead by example. I know of teachers who once they became tenured then they did start to slack off. The only problem with tenure is that some schools do not want to go to the trouble of collective the evidence it takes to be able to eliminate a tenured teacher. I know a teacher that many parents and other teachers had complained that the students in her class did not learn anything and she was still not checked into and did not have any ramifications for her lack of ability and was allowed to retire when she wanted to.

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    2. I agree, this text does a great job of listing important things instead of just having them in paragraph form. I also agree that teachers, not matter what year they are needs to read chapter 10 to keep up on their freedoms! The Tenure chapter really helped me understand what tenure is all about, I could not believe that you only have to be at a school for three years to receive it.

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  23. Chapter nine dealt with discrimination in the employment world. Social and political movements during the early 1960’s focused major attention on inequalities of employment opportunities and discrimination practices. Discrimination is prohibited based on race, color, religion, sex, or national origin. One thing I was completely unaware of in chapter nine was the section on page 134 over pregnancy and public school employment. Since 1978, teacher in public schools are protected by the Pregnancy Discrimination Act. This act ties in with Title VII to extend protection to pregnant employees against any form of discrimination based on pregnancy. Prior to this act, school districts would often enforce policy cutoff dates in which females were required to leave their positions because of their pregnant status. One section I feel is extremely important is the section over sexual harassment. Sexual harassment incidents are growing at an alarming rate.
    Chapter ten in the reading talks about teacher freedoms. Teachers are expected to be sensitive to the professional nature of their positions. However, they do enjoy certain constitutional freedoms that must be respected by school authorities. Boards of education must establish a compelling reason to restrict these teacher’s freedoms. With all of that being said, teacher are subject to reasonable restraints, but only if a legitimate, defensible rationale is established by the school district. Dress and grooming is one of the sections from this chapter. There have been many cases regarding personal appearance issues involving teachers before. It is important that roper dress and decorum is used to create a professional image because it has a positive influence on students. It is important to know that school officials usually have the authority to regulate any aspect of a teacher’s appearance that might disrupt the educational process.
    Chapter eleven is over tenure, dismissal, and collective negotiations. Tenure contracts are contracts that are 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. Teacher evaluation is also discussed in this chapter. The purpose of teacher evaluations is to assess a teacher’s effectiveness and to provide guidance and direction for improvement. I think this is important because a teacher’s effectiveness is a measure of student learning. Sad to say, sexual advances toward students is discussed as well in this chapter. I think this is sad, because we hear of this all too often. I think it is good that courts deal so firmly with teachers (or anyone else) in matters involving improper sexual conduct towards students. Teachers, especially, are held to high standards. I think it is their job to meet their professional roles.

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    1. I felt that these chapter are very good readings for future professional educators. If we knew them then that was a good review for us and if we didn't hear of them before we needed to. This book is something that I feel we need to keep with us at all times in our career and refer to it when and if a situation should arise. I feel that some of the items listed are common sense things but they may not be common sense to others. A good review to have while we are on our way to student teacher.

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  24. Chapter 9
    I find it sad that we need these types of laws. I know they are definitely necessary and would not be needed if indeed these types of discrimination have not occurred in the past. I feel that it is a sad that we can’t treat all individuals appropriately without having to have laws to make sure that it happens. I read a news story this morning about a 41 year old high school teacher who has left his wife and three children in order to move in with his 18 year old girlfriend that was in his class. He has quit his job and she has stopped going to school and is doing independent study. They are both saying that is mutual and did not start until she turned 18 but I still think there should be some ramifications for him specifically since she was still in school when this all started. The girl’s mother is trying to determine if the relationship was occurring before she turned 18 to try to be able to take legal action on the man. I think that just because she is 18 and he has now quit his job that he shouldn’t be free of ramifications, there should be something that can be done. I find it unfathomable that this can occur and there is nothing that can be done unless they determine a relationship was happening before she turned 18. The fact that she was still in school and he was her teacher should give some type of protection. We have all these protections for discrimination in the chapter we read but I don’t think it goes far enough. It is sad that the world we live in requires all of these protections and that they still aren’t enough.
    Chapter 10
    Teachers should and do have the same basic rights as any other American. We as teachers do need to make sure that we are professional in all matters. Children are very susceptible to the things they see and hear from people of authority. Teachers have a great influence on students and all teachers should take that thought into accordance before they act or speak. I think that teachers should be able to act upon their rights but that they have a duty to their students to be good role models.
    Senate Bill 54 in Missouri has now made it illegal for teachers to friend their current or former students in social networking sites. I wonder if this is taking away a from teachers and students. The Senate says that they are doing this for the protection of the students because the private messaging allowed within these sites can be a venue for sexual abuse. I would think that it would be the responsibility of the parent to know who their child is friends with and who they are speaking to on these social networking sites. Most of the relationships between teachers and their students on these sites will be innocent. There is no stipulation in the law that says when it would be okay to be friends on a social networking site. Surely there should be a time frame or location exception to this bill. If a student or teacher moves away they may wish to stay in contact through a social networking site. If many years have passed and a student wishes to be friends with a previous teacher shouldn’t this be their right. This also opens up the discussion of what should teachers post on their own networking sites? I’m sure that there will be more bills and laws come into light to deal with the internet
    Chapter 11
    I think the items discussed in this chapter are a good way to protect the value of education that students receive. It is best that there be specific grounds to dismiss a teacher within the school year. The change of a teacher during a school year can be detrimental to student learning. If there is gross negligence going on it would be in the students’ best interest to find a better teacher. Teachers’ jobs should be protected for the best interest of the students. Students also have the right to be taught effectively and if that is not occurring then the schools should have the right to protect students’ education and find a more effective teacher.

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    1. I was not aware of the Senate Bill 54. I think that the origin of the law is a good one. However, I think a few things should be changed. If you are currently teaching a student, then I understand this law. I feel that once the student has graduated or moved from the district, then it would be okay for you to friend them. Yes, parents should be monitoring their kids sites or know what content there is, but look at the 18 year old girl who ran away with her teacher that you previously talked about? Technology has only made it easier for relationships such as these to be formed. It is sad that we need all these rules and restrictions but they come from choices that people have already made.

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  25. Chapter 9 discussed discrimination in the work place. This chapter breaks down the types of discrimination that may be used against you and also notes that under penalties of law that no school can discriminate against you for any of these reasons. The law states that no persons will be discriminated against for reason of sex in any school that receives any federal funding. I found it surprising that in the past teachers were forced to retire at a certain age. It is nice to know that that can’t happen now. As a person who will not be teaching until the age of 29, my retirement will be reached at an older age than if I started a job after a typical run at college around the age of 22. I am very aware of the FMLA act. I have used this when I had my two sons and took time off to have them. I was happy to see the section about discrimination against pregnant women. The Pregnancy Discrimination Act of 1978 allows pregnant women to be treated the same as any other person. The section ended with notes about sexual discrimination. Any person who has ever had a job or common sense knows the rules on this and knows that any type of behavior on this is not tolerated.
    Chapter 10 spoke about teacher freedoms. I feel that as a future professional educator that we know that we are always in the public eye. Our actions, even ones that are done out of school, are always on view of the public and possible students. I feel that as I choose this profession that I knew that is what is expected of me and I accept this to the fullest. Teachers do have the right to speak up even if it happens to be on a topic that is not in favor of the school board. But when speaking up the teacher needs to establish that they are speaking as a private citizen and not as an employee of the school. The section goes on to say that even though teachers have First Amendment rights there are stipulations that go along with that. I would say the best bet is to watch very carefully what you say.
    Chapter 11 discussed tenure and dismissal. Tenure is the status to receive after you completed a prohibition time which is usually three years and have been asked to come back you can gain tenure status. This does not mean that you cannot be fired from you job it just means that there has to be just cause for your dismissal. I know that this is very important. I have seen recently that a group of teachers were let go because the school had to make budget cuts. The ones that were not tenure were the ones let go. Even though the text mentions that if there are justifiable decreases in the number of teaching positions then tenure teachers can be fired too. Which in the case I spoke about the non-tenure teachers were the first to go. There are many grounds for a teacher to dismissed from their job there are; immorality, neglect of duty, conduct involving morality, incompetency, insubordination, and even sexual advances towards students.

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  26. Chapter 9
    This chapter discusses discrimination in employment. Just as most other places of employment, this chapter is explaining that discrimination cannot be made in choosing or not choosing someone for employment based on sex, race, age, color, religion, or disabilities. I don’t believe that a lot of people think that this still exists, but I truly believe that it does. This chapter discusses the consequences school districts might have if they ever get found guilty of or have lots of complaints in regards to discrimination in employment. There are so many forms of discrimination, employers and co-workers have to watch what they say to each other, what they wear, how they act and how they handle situations with other co-workers. This chapter briefly discusses the FMLA and the guidelines that go along with this particular act. Sexual Harassment is also another big issue that has to be addressed in school systems even amongst co-workers or employers. It’s very important to be respectful and considerate to everyone we work with and teach.

    Chapter 10
    This chapter discusses in further detail the different teacher freedoms that are allowed and to what capacity they are or aren’t allowed within the school system. Teachers obviously have the right to freedom of speech, but only to a degree to which it isn’t disruptive to the educational process or doesn’t creative a negative impact on discipline and decorum. As long as teachers operate within these guidelines the school officials may not discipline or penalize the teacher’s opinions. Teachers should never use their classroom as a forum to advance their own political or religious point of views. Teachers are also still allowed to associate within whomever they choose as long as the activities they are involved in are not illegal or as long as their behavior doesn’t make them unfit to perform their normal teaching duties. Teachers are offered religious freedoms, but there are guidelines they have to follow to some degree such as not pushing or forcing their students or others to follow their religious beliefs. This is and has been a heated debate in school systems for some time now.

    Chapter 11
    The first part of this chapter talks about tenure and its ability to give teachers a form of security based on performance and time put in at school. Tenure doesn’t promise a job forever, but it does promise those tenure teachers the due process of law in order to be removed from their position after reaching tenure positions. This however does not include protecting teachers in which are being ineffective, inappropriate or in which may be legally in trouble. Teacher evaluations are very important, just as our students, we can learn a lot from getting the opinions of our peers and superiors. We always have room to grow and we will not fully know the areas to which we need to grow if we do not occasionally get evaluated, I believe that goes for any job. This chapter also discusses any possible reasons for dismissal, such as incompetency, insubordination, neglect of duty, immorality, and conduct involving immorality, sexual advances towards students. This chapter discusses each of those reasons as well as the process in which the school officials have to go to get a dismissal.

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  27. Chapter 9
    This chapter talked about discrimination in employment. Constitutional, federal and state statutes prohibit discrimination in all forms sex, race, age, color, or religion. Even though discrimination is not as open as it was back in the day it is still out there. There are several acts in place to ensure fair employment. These acts were put in place to ensure an equal opportunity of employment no matter what. No person should every have to go through discrimination, it is a shame that there are people out there that feel the need to belittle people based on who they are. Any person who has received an education degree who wants to teach should have the opportunity to educate students no matter who or what their beliefs are.

    Chapter 10
    This chapter is about teacher freedoms. One of our freedoms is being able to have freedom of speech, but as teacher what we say has to ensure that it doesn't disrupt the education of students. What teachers talk about outside of school is not under the eye of the school district, even though what they talk about may not be popular with district officials. I feel as teachers we automatically put our opinion in, but we have to be careful with what opinions we give. I think that what we talk about with out students when we are teaching them needs to be about what they are learning and if we happen to put our input in it needs to be appropriate for the students and be positive in their learning. Students need to be assured that they are to think for themselves and what some people say is a matter of opinion.

    Chapter 11
    This chapter is about tenure, dismissal, and collective negotiations. This chapter was the most interesting for me because I have had teachers growing up who have either been terrible teachers or teachers that don't treat you well, since they have tenure they won't be going anywhere. I feel that when teachers have been around for a while they tend to get comfortable in their position and can feel they have superiority over people. I don't care how long someone has been at a school or in a school district they should act as if they are better than other people. Teachers are all around for the same thing and that is to educate students and not to be big headed. I thought this chapter was very informative.

    ReplyDelete
  28. It wasn’t letting me reply on people’s blogs so I am replying here

    In response to Marei H.
    I was familiar with Chapter 11 because I have had teachers who weren’t very good, but I was told they had tenure. I was shocked though too to find out that you only needed three years under your belt in the same school district. I feel as though it should be much longer. I liked seeing too that even though you have tenure you can still be dismissed. I think that even if you have tenure you should still teach like a first year teacher.

    In response to Nichole Schell
    I agree with you on chapter 9 it does seem like discrimination is behind us, but like you said it isn’t. It may not be as common or as out in the open. I like how you mentioned recording. That is a good idea and I like how you want to take initiative.

    ReplyDelete
  29. Chapter 9: Discrimination in Employment
    Civil Rights Act of 1964 Title VII amended in 1991 provides for compensatory damages, punitive damages, and jury trial in cases involving intentional discrimination. The Americans with Disabilities Act protects individuals with disabilities against discrimination and ensures equal access and opportunity. The equal protection law of the Fourteenth Amendment was relied on by blacks to eradicate patterns of racial discrimination in public schools. Religion is defined by Title VII to include all aspects of religious observances, practices, and beliefs. Age Discrimination of Employment Act of 1967 prohibits the force of retirement of employees by protecting people above the age of 40 from the discrimination of the basics of age. The Pregnancy Discrimination Act protects teachers who are pregnant. Family and Medical Leave Act allows employees unpaid time off for at least four different things. Then it goes on to talk about sex harassment.
    Chapter 10: Teacher Freedoms
    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. Academic freedom is limited in the public schools. Right to privacy is not violated unless it becomes an issue that gets in the way of their teaching. There are reasonable restrictions on religious freedom.
    Chapter 11: Tenure, Dismissal, and Collective Negotiations
    Tenure is to provide a measure of security for teachers and to ensure protection from certain acts by the school board. Tenure is three successive years in the same school district. Purpose of teacher evaluation is to assess a teacher’s effectiveness and provide ideas of improvement. Dismissal of a teacher is a serious matter, and calls for legal grounds for dismissing the teacher.

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    Replies
    1. This book really catches my attention every time I open it up and start reading through the different chapters. There is so much useful information in each of these chapters.

      Delete
  30. Law Modules Chapter 9-

    If I am being honest I was a little surprised to see this book on the list of textbooks I would need simply because of the title.
    However, after beginning to read it I am astonished that books like these are not required to be read in all places of employment. There was so much important information on Discrimination in this chapter. Sexual Harassment seems to be an issue that continues to grow and grow as time goes on. I found it very interesting that in these types of situations the “victim” is required to let the “offender” know that their actions are bothersome. I know that in most of these cases both parties are aware when the actions are unwanted, and for someone as shy as I am it may be a little unnerving to approach this matter.




    Law Modules Chapter 10-

    Chapter 10 was about Teacher Freedoms which I believe to be a very important subject that needed to be covered. I have wondered at times about how my constitutional rights will be treated once
    I do gain employment in a school district. There have been so many cases in the past where teachers believed they were treated unfairly that I was happy to be able to read how different freedoms are protected and how the issues may be handled. I was surprised to read the section on freedom of speech because there is such a large separation of schools from religion and that teaching religious values and beliefs is such a sensitive matter within the public school systems. I agree that these should remain separate however from my experience it depends very much on where the school is and what type of culture surrounds the school. It seems to be much more acceptable in small rural school districts for the separation to be slightly skewed.



    Law Modules Chapter 11-

    This chapter answered some of my questions but also raised some of them. I have always heard how important it can be to reach tenure status as an educator within a school district, this does not mean that the teacher is untouchable and guaranteed a job for life. It is however, a promise of protection for the teacher and a promise of continued employment as long as the educator continues to work to the best of his/her ability and continues to play by the rules within that school district.

    I have recently read so many articles though about how the tenure system is going to be abolished. Because many people believe that these educators will perform better if they are constantly having to show why they deserve employment and it will keep them on their toes. I have not heard anymore about this in the past couple months but am once again anxious to find out what is being done with these ideas.

    ReplyDelete
  31. Chapter 9: Discrimination is a pretty hot topic in our nation. Everywhere you go, people are fighting to be treated equally. People can be discriminated for many things including race, color, religion, sex, national origin, age, pregnancy, and others. This especially applies in the workplace. While the Civil Rights Act of 1964 Title VII fought to change this, the statute did not affect educational institutions until its amendment in 1972. Most people are aware of racial and sexual discrimination in the workplace. These situations are portrayed in television and movies all the time. Others may not be as easy to see or people may not be as aware of these situations. I feel that pregnancy and age discrimination are two of these. The book tells us that an educational institute can’t terminate or penalize an employee for pregnancy. This includes disability benefits, sick leave, and insurance coverage. I was not aware that school systems used to have a forced retirement at the age of 65. I am glad they changed this law and will allow a person to teach until they are not able to complete their duties or chose to retire. I feel it is very important to know laws such as these can help protect my rights as an educator and the rights of those around me.

    Chapter 10: This chapter was very interesting to me. Living in Manhattan and knowing many younger employees of the school district, I have found myself questioning if some behavior is allowed or should be acceptable. I always assumed I had freedom of speech and never gave much thought to the matter. As the book states, this is true as long as I express first that I am speaking as a private citizen and not a representation of the educational system I am working for. Furthermore though, I think it is important to remember that we are in a position that vastly influences the students we are around and that we teach. This applies to dress and activities outside of school. I know legally we are allowed to do anything outside of school that is not illegal because we have a right to privacy. I understand why this law was put in to place but again, I feel that teachers need to exercise this right with caution. A few of the educators and school employees chose to spend their weekends stumbling around the bars at Aggieville. I think these individuals have the right to go out and have fun, but I think they need to remember that students of the high school often walk around in Aggieville so they can find and point out these individuals. While we have rights as a teacher, I would hope we all chose to educate students outside of the classroom by our actions as well as instruction given inside the classroom.

    Chapter 11: This chapter covers tenure and causes for dismissals mainly. There are pretty clear reasons for dismissals although I know certain circumstances make these lines blurry. With all the laws put in place today though, there is a check and balance system in place to help keep educators and school board members safe. I have always thought of tenure as a safety zone. I used to think of this simply as a way for teachers to secure their jobs then do the bare minimum. I know there are good teachers out there for the most part, but of course the ones that do this stand out. I am glad tenure helps us have job security though.

    ReplyDelete
  32. Becky Rowton
    School Law Blog
    Chapters 9, 10 and 11

    PART 1 of 2 (I WROTE TOO MUCH)!!!

    Chapters 9-11 contained a lot of valuable information. I worked for large corporations for over 25 years and had also been in a supervisory position so I was familiar with most of the laws, but it is always good to review the information again.

    Although Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin, we unfortunately continue to see discrimination in the workforce. Employers who “believe” in discrimination have found every loophole imaginable to try and get around the laws regarding discrimination.

    One thing I learned in Chapter 9 that I did not know was that the original Civil Rights Act of 1964 Title VII did not apply to discriminatory employment practices in educational institutions until 1972 when the law was amended. It made me sit back and wonder why they excluded educational institutions to begin with.

    The topic of age discrimination on page 134 caught my attention. Just yesterday, I had visited with the principal at the elementary school where I am completing my internships about my age. I will be 52 years old in May and had been worrying if my age would be a factor when I start looking for a teaching position. I told her I was aware of the law that prohibits discrimination based on age, but told her I also knew that there were ways around the law. She told me that my age might actually be an asset when I begin looking for a teaching position because I am older, more settled down, and have more life experiences to bring to the classroom, but yet the school district will pay me the same as a person with less life experiences. I guess I will find out when I start looking if my age will be a factor or not….

    Sexual harassment laws have continued to become more stringent. Unfortunately, many people are still afraid to file sexual harassment charges in the workplace due to repercussions and/or retaliations. Although the law is supposed to protect individuals from being subjected to such practices, it still does happen.

    Chapter 10 was very interesting to read. Although the very first paragraph states “Public school teachers do not relinquish their personal rights as a condition to accepting an employment position in the public schools”, in reality, individuals often do relinquish their personal rights when they become teachers.

    I have found it interesting that members of a community hold teachers to much higher standards than they do policemen, firemen, doctors, lawyers, etc. I don’t disagree that teachers are role-models for children, but I believe other professionals are role-models too. As mentioned later in the chapter, personal rights of a teacher can vary from community to community. I have lived in small towns, medium-sized cities, and large cities and have witnessed the differences in personal rights teachers have depending on where they live.

    (CONTINUED ON PART 2)

    ReplyDelete
  33. Becky Rowton
    School Law Blog
    Chapters 9, 10 and 11

    PART 2 of 2

    I grew up in a small town and the middle school principal lived right next door. As it is with most small towns, everyone knows everything thing you do. If the principal wanted to have a beer or a drink at his house, he would call my dad to go to the liquor store for him. Dad would buy the liquor and take it to him in a disguised bag or box. He knew that my dad was someone he could trust to not tell anyone that he occasionally had a drink.

    After graduating from high school, I moved away for 32 years and then moved back to my hometown. I honestly thought that “times had changed”, but I realized when I moved back that they really haven’t. Teachers still won’t go to the local bar, don’t want to be seen at a liquor store, and will rarely even have a single drink at a wedding dance because of what people will say about them. On the flip side, when I lived in different large cities, I had a lot of friends who were teachers and they went to bars, were not afraid of going to a liquor store, and participated freely at wedding dances, etc.

    Chapter 10 also addresses “freedom of association” which grants people the right to associate with other persons of their choice without threat of punishment. Once again, even though freedom of association is included in The First Amendment, teachers are still held to a higher standard when it comes to the people they associate with. I have been in recovery for several years and work with individuals who are still struggling on a daily basis. Because of my willingness to help other individuals overcome the battles I dealt with earlier in my life and not being ashamed of my past, I have had individuals here in my hometown tell me that I probably shouldn’t wear my ring that has an AA symbol on it and that I shouldn’t associate with some of the people I do because of their “problems”. I had people reach out to me when I was in desperate need, and if reaching out to others to help them in the same way I was helped keeps me from obtaining a teaching position in my hometown, then so be it. On a positive note, I have had teachers ask for my help in dealing with students who have an addiction/problem with alcohol and/or drugs.

    Chapter 11 discussed ‘immorality’ and ‘conduct involving morality’ which ties in with the information covered in chapter 10 regarding a teacher’s ‘right to privacy’ and ‘freedom of association’. Again, what is acceptable and unacceptable conduct can depend entirely on the community where you live and teach. I am so thankful that I am not entering the teaching profession as “young” and “foot-loose and fancy-free”. If I were, I am sure the size of community I would want to teach in would be a major factor.

    Becky

    ReplyDelete
  34. Chapter 9: Discrimination in Employment

    Chapter 9 discusses discrimination and other areas of law. This chapter covers areas of law from sexual discrimination, Americans with disabilities, racial discrimination, religious discrimination, age discrimination, pregnancy, and family and medical leave. It is important to remind ourselves of these guidelines and laws. It is important to note that these issues are very important to understand and be accountable for.

    Chapter 10: Teacher Freedom

    Chapter 10 outlines issues involving teacher freedom. Topics range from freedom of expression, association, political rights, dress and grooming, privacy and religious freedoms. This chapter highlights the fact that teachers do not give up their rights and freedoms upon entering the teaching profession, however it is important that teachers are careful in their associations and actions.

    Chapter 11: Tenure, Dismissal, & Collective Negotiations

    Chapter 11 details the topics of tenure, financial exigency, dismissal for cause, and collective bargaining. This chapter outlines the topics that are put into place to protect teachers that are effective. It is important to understand that teachers can acquire tenure, but are still subject to evaluations and can be dismissed for issues such as incompetency, insubordination, neglect of duty, immorality, and other illegal or questionable actions.

    ReplyDelete
  35. Chapter Nine- Discrimination in Employment
    I liked the guides and do's and don't that were listed in the back of the chapter. It is very important for teachers to be aware of discrimination and harassment. I found the section about pregnancy and employment interesting. I know a couple people who were actually forced to leave their jobs because they were pregnant. I am glad that they changed the law so that employers can't force a pregnant employee to leave after being so many months pregnant.

    Chapter Ten- Teacher Freedoms
    I think it is very important for teachers to realize that they do not lose their constitutional freedoms but their are limits to them. Teachers need to be aware of these limits and what they can or cannot do. I found the section on dress and grooming interesting. I didn't realize that the dress code was that big of a deal that you needed to go to court over it. I like that schools have those dress codes in place. When the teachers are dressed professionally, the students are more likely to see the teacher as an authority figure. I also found the section in religious freedoms interesting. I wasn't aware that states could prohibit teachers from wearing religious garb while in the classroom. I wear my cross necklace almost everyday and I never thought that that could be an issue.

    Chapter Eleven- Tenure, Dismissal, and Collective Negotiations
    I didn't realize exactly how tenure worked so this chapter helped explain that for me. I also liked reading about the causes for dismissal and how that whole process works.

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    Replies
    1. Amber- I too liked the section with the guides of "do" and "don't". I think it is important to know our rights and that we are legally protected.

      Delete
  36. Chapter 9
    I couldn’t imagine living in a world were discrimination was a big part of our everyday lives. I know that it is still out there but for the most part we have laws that protect us. I found the section about pregnancy and public school employment especially interesting because I am currently pregnant. Although I don’t have a teaching job right now it is good to know for future knowledge. As far as sexual harassment I am fortunate enough that I don’t have to worry about it. My job has made it very clear that this is something that we don’t put up with and has told us how to report if needed. I don’t want to imagine what it would be like to have to go to a job that I wasn’t comfortable in. I guess I have all the laws that I read about today to thank.

    Chapter 10
    In chapter 10 we learn a teacher’s freedom of expression is not lost when entering an educational potion. They still hold the same constitutional rights as any citizen. We also learn that there is a portion written about a teacher’s dress and grooming. It is a shame that teachers have to have this. In my internship class we are reminded that we must dress and be groomed appropriately. I couldn’t believe that grown adults had to be reminded of this. I have worked with teachers that need to be reminded. If we can’t take care of ourselves then how can we be trusted to teacher influential children? In this chapter we also read about religious freedoms. I can understand not being about to wear things like shirts with religious meaning but I don’t see anything wrong with wearing religious jewelry.

    Chapter 11
    In chapter 11 we learn more about what it means to become tenured. I can’t believe that some states are getting rid of this. Every teacher wants this source of comfort. I have learned about become tenured before but I like how this book breaks it up and makes it easy to understand. Where I currently work we have two new teachers that aren’t being asked back for next year. If is interesting to read about all the laws so that I don’t make the same mistakes. This chapter also talks about teacher evaluations. I don’t think it matters how long you have been teaching; teachers always get nervous. I am not looking forward to evaluation because I hate to be watched when I am teaching. I hope that I can find a school that takes these evaluations seriously and it great at providing their new teachers plenty of support.

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  37. I always think reading the law chapters is very interesting. Going into the chapters I usually have a general idea of the laws. I can honestly say that I learn more specifics after reading the chapters. The details help fill in the holes of the previous information that I knew.

    In chapter 10 I read about discrimination in the work place. I think in this chapter I learned the most the American’s with Disabilities Act. I was already pretty informed about race, gender, and sexual orientation, but had never read or talked about employment and disabilities. I’m glad that I read over this section, because I think this information will be very important when talking to students with disabilities and their future. Reading this chapter makes me really appreciate how far our country has come in the area of acceptance. We still have plenty of room for growth, but it’s nice to know that as a woman I can fight if I feel there are some unjust employment issues.

    Chapter 11 is one of my favorite sections of this manual. The importance of professionalism is strongly stressed in our career, but I’ve always wondered where my career stops and my personal life starts. This chapter answered a lot of the questions I had. I learned that as a teacher I have the same rights as everyone else, but must consider my actions and the repercussions that come with them. I always just assumed that is how it would work, but reading the information made me feel must more comfortable about where I stand as an individual and a teacher.

    I looked at chapter 12 as a general idea of my future job description. It talked about tenure, evaluations, workers compensation, insubordination, and cause for dismissal. These are all very topics are very important to my future. After reading this chapter I feel more informed of my rights in the job place.

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    1. Jenn,

      Chapter 9 on discrimination did cover all the important facts about ADA. I appreciated the summary of major changes that was amended in 2008. I've been out of the field for a while and these changes effect how the act is adhered to in the schools.

      I thought chapter 10 pretty much covered all the freedoms that any American citizen has a right to.

      Delete
  38. I really enjoyed reading these chapters in the School Law book. I feel as though I’m very naïve when it comes to “school law”, so I’m glad we are able to read out of this book to learn more about the law end of our future career.
    Chapter 9 was all about discrimination in employment. It is important that we as teachers understand that knowledge of federal law protects teachers from treating students in arbitrary and capricious manner and from similarly mistreated by employers. There are many issues that cannot be discriminated against when it comes to employment such as: pregnancy, correctable disabilities, or religion. It is also important that we don’t ignore the fact that sexual harassment IS a form of discrimination as well. I had a male teacher in high school that harassed students about inappropriate things constantly, especially the female students. I wish I knew more about school law at the time to stand up and do something about it. One thing I really learned from this chapter was the fact that we as teachers must always have good documentation and reports on any acts of any type of discrimination in our classroom and in our school.
    Chapter 10 was all about teacher freedoms. There are many freedoms a teacher does have, but it is important that teachers recognize what they cannot do. It is important to make sure that our private or political issues and activities are conducted away from school. This chapter provided me with a lot of information that I always had questions about. I was always curious about what you can and cannot do as a teacher, and this chapter provided me with helpful information regarding my question.
    Chapter 11 was all about tenure, dismissal, and collective negotiations. I enjoyed reading this chapter because I have strong feelings about the issues within the chapter. I know that the book says to not expect tenure laws to provide protection against the poor performance of teachers, but I disagree with that. I do believe tenure provides protection against the poor performance of teachers. I know examples from many small schools, of teachers who have VERY poor performance, but they are not touched because of tenure. It seems to me that a teacher has to do something VERY bad to be fired or asked to resign. I do think there are some positives to tenure, such as; job security in bad economic times, but overall I think there are far more negatives, one of these negatives being the protection of “cruddy” teachers. I think the good teachers should be rewarded and paid better than the “cruddy” teachers.

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    1. Kristen, I agree that makes more sense to pay the good teachers more money then teachers that are tenured. I'm pretty sure Denver is one of the only states that doesn't do tenure in anymore. I don't feel like I would feel comfortable teaching in school where I could get dismissed at any time. Especially,in a small school district or ones that have a lot money. If one person doesn't agree with what you're doing you get dismissed because of incompetency and I don't believe that's fair either. Not every teacher that is on tenure will be as great as the were when they started out and I think I will just work my hardest to be sure that's not me.

      Delete
  39. A lot of what this book has it in is common knowledge. However, there is always something in each chapter that surprises me. Chapter nine discusses discrimination in every way possible. We as teachers are lucky to have so many laws in place that keep us safe from discrimination. Sexual harassment is an issue that continues to grow in the schools and the books states that it has increased dramatically in recent years. This to me is a little alarming but not something I wasn’t aware of. I like how this chapter discusses all forms of sexual harassment and not just what everyone stereotypes it as. I liked how the ADA was discussed in this chapter as well.
    Chapter ten discusses that we will have as future teachers. I think it’s important to be informed on all of these chapters and topics but this one is probably the most enjoyable to read. This chapter interests me because even though we do still have a lot of freedom being a teacher we know that a lot of these freedoms if exercised are looked down upon. For instance, we have the right to bring up controversial topics in our classrooms and discuss whatever we want in public but that may not please everyone or be in our best interest. I’ve learned throughout my college career from my professors that used to be teachers that someone’s always watching. Whether we’re at the grocery store or at dinner having a drink someone that knows me as a teacher is going to see me. I also think it really depends on where you live and teach.
    Chapter eleven discusses tenure, dismissal, and collective negotiations. Before reading this chapter I had a good idea of what tenure was and how long it takes to be tenured but the other topics were unfamiliar. I think it’s important to remember that tenure is not designed to protect teachers that slack off or are ineffective. This chapter also discussed the reasoning behind dismissing a teacher. Incompetency is said to be the most popular used ground for dismissal of a teacher. Overall, it was good to be more informed on all of these important issues. It will be nice to have this book in the long run in case any of these issues arise.

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    Replies
    1. I can totally relate when you say that someone is always watching. I work part-time on the weekends at our local V.F.W., tending the bar. Rarely, a student will come in with a parent and will see me. I am so embarrassed because I only imagine that they are thinking the worst. I work as a para, so these kids to see me everyday at school. It is a very small town, and I really don't enjoy when I go to school and a student tells me, "I saw you working at the bar this weekend"! I guess thought, whether you're at the bar or working behind the bar, you're always going to be looked at differently by students, especially if you're their teacher. I guess it's just something we are going to have to get used to! good post!

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  40. Chapter 9 really focused on discrimination. There are so many different types of discrimination out there in the work force. We must be aware and knowledgeable of these because you never know what you might encounter. The Pregnancy Discrimination Act was something new to me. This really caught my attention because I have yet to have children, and I always wondered how it would all work while I was teaching. This Act seems very fair and non-judgmental of pregnant women in the work place. Most of the discussion on sexual harassment was all review. Chapter 10 discussed teacher freedoms. The right that teachers have at freedom of speech is a very fine line in my eyes. They have a freedom f speech, but yet that must be sure to not say certain things, protecting their image as a role model and teacher. This makes sense, but I feel that their freedom of speech is restricted in many ways. I honestly couldn’t believe that some teacher went as far to say that by having a dress code regulation hinders their rights to free expression. I can’t believe that a dress code be that bad, I can only see it as making sure proper areas are covered up, and that’s about it. I don’t understand what else they could be restricting other than lengths of skirts or how much your shirt covers. This is something that is very reasonable to ask of your teachers, to have them say that it restricts their expression of themselves seem crazy to me. They need to dress properly and professionally so their students will be focusing on what they are saying and doing, not how low cut their top is. The unwed pregnant teachers were something that I have wondered about in the past. I can see both sides of this. They are supposed to be setting a good example for their students, and acting as a role model. But yet, unwed pregnancies are becoming more and more common, and this may have nothing to do with how good of a teacher they are. I don’t know, this is a touchy subject, one that I would hate having to rule against. Teacher tenure was something I was already aware of. At the school where I work, the school board recently told an employee that they would not be renewing his/her contract. Because this was only his/her second year there, and he/she wasn’t yet tenured, it was much easier for them to do. We currently have parents rallying around town, signing petitions, walking door to door. Ultimately though, the board has decided that their decision is final, and there’s really nothing else that can be done. If he/she were tenured, this would be much harder for the board to do.

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  41. In chapter 9 the text talks about the different types of discrimination in the workplace. According to the text is it unlawful to be returned away from a job because of race, sex, color, religion, or national origin. I found it interesting that in one case someone was discriminated against because of their sexual orientation. I also read that a school district cannot discriminate against a woman that is pregnant, no matter what stage she is pregnant at.
    Chapter 10 discusses the freedoms of teachers. The text talks about how teachers still have the right to speak freely outside of school, but as a private citizen. The text also talks about the rights that teachers have in their private lives. All teachers and school employees have the same rights as others in their lifestyles, however they are cautioned because of the professional aspect of their job and that they are a role model to their students.
    Chapter 11 touches base on tenure. A teacher in the first 3 years of employment can be dismissed at the end of the year without cause, but if they are still employed in the same district after that 3 years they are tenured. I’m not sure if I agree with tenure in all aspects. I have known and have had many teachers that are not that great quality of teachers but remain in the schools because of tenure.

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    1. Steph,

      At the school I worked at, We had an unmarried teacher taking pregnancy leave that resulted in a lot of gossip around the school about how this act would affect the teachers reputation in the community. She was never discriminated against that I know of but I remember thinking at the time that people should have much better things to talk about than someone's personal business.

      Delete
  42. In chapter 9, I enjoyed reading more about FLMA. When I worked for the school district, a colleague of mine had complications with her pregnancy and had to stay in bed for several weeks before the birth. She talked about how she feared she would lose her job because of all the extra time she had to take off. She was relying on FLMA to secure her position as a special education teacher. Since it's unpaid leave (up to 12 weeks), she still accrued debt.
    The chapter on teacher freedoms was interesting. The main point is that teachers really are seen as community role-models and so we have to act accordingly in public. I think the part about dress and grooming is kind of funny. I don't know about all school districts, but the one I'm in is very lenient on dress code. Many teachers wear jeans and t-shirts everyday. I have received many funny looks in schools because I dress up. Of course, we are required to do so as intern students, but I enjoy doing it anyway. I would be interested to know how teachers dress in other areas. Is every day casual Friday at most districts?
    The chapter regarding tenure, dismissal and collective negotiations was interesting. Some of my classmates wrote about tenured teachers having some sort of 'free pass' when it comes to professionalism and teaching standards. I have known some teachers who feel they can never be fired because they have tenure. I can only assume that during formal evaluations from the principal, they prepare something special and put forth more effort. I don't feel this is right. I don't have any problem being evaluated yearly or having really great teachers make more money. I don't really like the structure that the school districts use to assign salaries. Teachers who really love to teach and teach well should somehow to recognized and rewarded monetarily for their efforts. I believe that how many years you've been teaching and what degree you have shouldn't be the only indicators of performance.

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    Replies
    1. Victoria- I agree that some instructors take tenure to mean they are untouchable and cannot be fired. I look at it more like I have proven myself as a competent, well educated professional that can add important ideas and thoughts to meetings with my colleagues and bring something exciting to my students.

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  43. Chapter 9: This chapter is based on discrimination in schools. I think that as a teacher this is very important information for us to know. Discussed are several different laws about discrimination against race, color, religion, sex, and national origin. Also covered is Americans with Disabilities Act of 1990. This act not only protects those with disabilities but also anyone who has a physical or mental impairment. Something that really stuck out to me is that ADA protects those with disabilities’ rights to hold a job either with or without accommodations. I believe that it is important for them to have the opportunity to be able to have a job. When I worked at Wendy’s last summer we had an employee who was disabled and I believe that she did a better job than three fourths of the employees there. She also had the opportunity to chat with customers and you could tell that she truly enjoyed that part of her job. Another aspect of this chapter that really stuck with me is where it discusses pregnancy in school employment. As a female teacher myself I feel that it is important to know my rights if I were to become pregnant. I remember when I was in fourth grade I had a teacher who was pregnant at the beginning of the year and towards the end of the year when she had her child she was on leave for several weeks. As a student I did not understand why she was gone for so long and felt resentment towards her for sticking us with a substitute teacher who could not teach nearly as well as she could. I am glad that this chapter covered sexual harassment, as this seems to be at large in several work industries today.

    Chapter 10: This chapter discusses how teachers have certain freedoms. Most students and even some adults are unable to see that we, as teachers, do have a life outside of the classroom. I am so glad that this chapter covered how teachers have the right to life, liberty, and property. As future teachers it is important for us to know exactly what our rights are. When talking about freedom of expression I do realize that as a teacher there are some things that should just not be said, done or shown in a classroom. We as teachers are looked up to as role models and I feel that we should act as such. The dress and grooming section discusses what is and is not appropriate to wear as a teacher. I believe that this also goes back to the idea that we are looked up to as role models. If we as teachers dress poorly or provocatively we are setting the example that it is alright for children to dress as such.

    Chapter 11: This chapter discusses tenure, dismissals, and collective negotiations. These are three very important aspects of being a teacher and I am glad that this book covers them and explains them in depth. Tenure protects teachers who have taught for three consecutive years within the same district. Although, tenure does not guarantee continued employment for that teacher, but it does ensure that certified school personnel may not be removed without due process of law. The section on teacher evaluation states that if the teacher is being evaluated for any reason other than improvement of performance that the teacher should be informed of this. I believe that this is for the best interest of the teacher and is a good thing to know as a future teacher. The benefit of being a teacher with tenure is that they cannot be dismissed without a formal hearing, but for teachers without tenure they can be dismissed for cause or without cause. This chapter also discusses several causes that children could be dismissed for.

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  44. Chapter nine is about discrimination in employment. Constitutional, federal, and state statuses prohibit discriminatory practices in employment on the basis or sex, race, age, color, or religion. Teachers in public schools are protected by the Pregnancy Discrimination Act of 1978. This law amends Title VII to extend protection to pregnant employees against any form of discrimination based on pregnancy. The family and medical leave act is designed to allow eligible employees up to a total of 12 weeks of unpaid leave during any 12 month period for various reasons including: the birth or care of an newborn child, foster care, immediate family member with a serious health condition, or they have a serious health condition.

    Chapter 10 is about teacher freedoms. Teachers get to enjoy freedom of expression, but with limits. Free speech by teachers is limited to the requirement that speech does not create material disruption to the educational interest of the school district. Teachers are afforded First Amendment rights outside the school environment. Public school teachers are afforded a degree of academic freedom in their classrooms, based on the teacher's right to teach and the students' right to learn.

    Chapter 11 is about tenure, dismissal, and collective negotiations. Tenure laws are designed to protect capable teachers. The tenure contract is designed primarily to provide a measure of security for teachers. Tenured teachers may be legally dismissed only for specific reasons that are based on objective and documented evidence.

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    1. Stephanie- I was a bit shocked to read in Chapter 10 where it said that some public school teachers were able, to a certain degree, to have some academic freedom in their classroom. I wonder how true this is. How will we know as a new teacher when and where is it o.k. to get off of the beaten path a little.

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  45. Chapter 9

    In Chapter 9, discrimination in employment was discussed. There are several types of discrimination: sexual, religious, racial, disability, and age. It is important to know these guides and laws not only to protect yourself from discrimination, but also so you do not discriminate against others. It is also very important to create a classroom environment that is safe, nurturing, and accepting of ALL people. I feel as educators, we set the tone of the classroom as well as model the behaviors and attitudes we want to teach our students.

    Chapter 10

    Chapter 10 was over the topic of Teacher Freedom. Although educators are human beings and have rights just like everyone in this country, they are held to a higher standard because of the fact that their behaviors directly impact the children in the schools that view them as role models. Children are so very impressionable and although I am not saying that teachers should be Saints, I feel that they should conduct themselves, especially in public, in a certain manner and they need to hold a certain decorum because of their position in the school.

    Chapter 11

    Chapter 11 was over tenure, dismissal, and collective negotiations. Frankly, this chapter scared me as a pre-service teacher. I feel that being the new person on the block and just starting out we will be put under the microscope. Not that I object to being monitored, after all, we are responsible for the developing minds of the children in our classrooms. However, I can't help but have the feeling of anxiety that we will feel like we have to constantly watch what we do, say, or act for fear of being dismissed. I guess there is some positiveness to this anxiety because it will keep us mindful as to how important the role model of a teacher is.

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