Legal Roles And Responsibilities Of Teachers

A student benefits from the freedom of inquiry that Academic Freedom allows because it means they can agree or disagree and share the reason why. If a teacher is abusing their Academic Freedom and assuming that they can control the classroom anyway they see fit, the student can object to it. In 1984, J.D. Martin had many complaints filed against him for his profanity and verbal abuse in the classroom. Students did not like his intimidating teaching style and with enough reporting, he was given a warning and then fired (Jones, para. 2). He took the University to court and lost. Following the loss, Martin made an appeal because he continued to believe his language was justified through his 1st Amendment rights as well as his Academic Freedom.

Everyone in America should be guaranteed the freedom of speech granted by The Constitution. In 1988, the court ruled in Hazelwood School District v. Kuhlmeier that schools \could limit freedom of speech in school if they had “educational concerns” (Jacobs). The problem is that “educational concerns” is too vague and school districts are able to use this as a loophole to get away with removing articles that do not need to be removed. Often, the concern is based on perception and image more than anything else. Angela Riley’s article “20 years later: Teachers reflect on Supreme Court’s Hazelwood School District v. Kuhlmeier ruling” quotes Frank LoMonte, executive director of

In order to better interpret this scenario, we first need to look another case that resembles this scenario. The case related to this scenario, Pickering v. Board of Education (1983) upheld that teachers’ speech, just like that of any other citizen, is protected when the interest of the speech does not cause harm or create false statements. Overall, the

A public school teacher was terminated for writing and publishing newspaper a letter criticizing the board’s and superintendent's methods of informing on funds allocation between academics and athletics program (Pickering v. Board of Education, 391 U.S. 563, 1968). The school board stated the letter contained false statements detrimental to the administration and the integrity of the school system. The teacher filed charges against the school board claiming that the letter was protected by the First and Fourteenths Amendment (Pickering v. Board of Education, 391 U.S. 563, 1968).

“Congress shall make no law…abridging the freedom of speech…”U.S. Const. Amend. I. “The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures-Board of Education’s not accepted.” Tinker v. Des Moines Sch. Dist., 393 U.S. 503, 578 (1969). “First Amendment rights, applied in light if the special characteristics of the school environment, are available to teachers and students. It can hardly be argued that both students and teacher shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Id. “… the constitutional rights of students in public school; are not automatically coextensive with the rights of adults in other settings…” Morse v. Frederick, 551 U.S. 939, 582 (2007).

The Constitution of United States grants an American the right of free speech and expression which they often take for granted. Yet, the people who are educating others about those rights are rejected from utilizing those very same rights. Teachers in the U.S are being denied their First Amendment right to freedom of speech by limiting how they may express their views on educating students, restraining of what they can put on blogs or letters, and limits on how they might use social media.

Teachers rights are extremely important to teachers. These rights range from certain freedoms, prohibition against certain forms of discrimination, and significant protections against dismissal (Bieger article). There are a number of ways that these rights are formed. All of these rights are formed from state and federal constitutional provisions, state and federal statutes, and federal regulations. All of these rights are beneficial to the teachers, but can cause controversy as well that may ultimately lead to strikes. Becoming a teacher requires other certifications and laws, that are important to understand and know when becoming a teacher.

According to the 1940 Statement of Principles on Academic Freedom and Tenure academic freedom states that as long as teachers performing their academic duties adequately they are allowed to full freedom in their research as well as publication of the results. If research is for monetary gain then there should be a prior understanding with the university. The statement of principles also declares that while teachers have freedom discussing their subject in the classroom they should not introduce controversial material that is not related to their subject matter. Religious and or other institutional limitations that restrict academic freedom should be stated at time of hire in writing. The statement of principles also states that when teachers

Within the education system, students are entitled to certain rights that aid in their preservation of each student's individuality. In regards to this week's article, there was one right that stuck out like a boulder on flat land. In brief, freedom of speech, not only protects every student's right to speak and act, but also the right of expression.

I think here in the United States the roles of teachers and students have not changed much over the years. Teachers lead the class and keep order and students are there to learn and grow. What’s different is the perception of how this is done. Technology is drastically changing how teachers teach and students learn.

In the majority of expression cases, educators have challenged reprisals for their speech outside the classroom including their Internet speech. During the 1970s and early 1980s, courts relied on the Pickering guidelines in striking down a variety of restrictions on teachers’ rights to express views on matters of public concern. Since the early 1980s, however, courts have seemed increasingly inclined to view teachers’ and other public employees’ expression as relating to private employment disputes rather than to matters of public concern.

Everyone in America should be guaranteed the freedom of speech granted by The Constitution. In 1988, the court ruled in Hazelwood School District v. Kuhlmeier that schools \could limit freedom of speech in school if they had “educational concerns” (Jacobs). The problem is that “educational concerns” is too vague and school districts are able to use this as a loophole to get away with removing articles that do not need to be removed. Often, the concern is based on perception and image more than anything else. Angela Riley’s article “20 years later: Teachers reflect on Supreme Court’s Hazelwood School District v. Kuhlmeier ruling” quotes Frank LoMonte, executive director of the Student Press Law Center. LoMonte explained that “‘A

Teachers and students are free to express themselves on public school properties. This includes things like what your clothing promotes, the religion you practice, the obscene language you use, the color you dye your hair, and the jewelry you wear, etc. All of these are rights that are protected by the First Amendment, but in a school environment there are limits. In a legal way, it can be hard to establish those limits. Free speech can be a problem in public schools in both a direct and symbolic way.

Anytime we as humans interact with one another we present a point of view. In learning theory, constructivism describes a way of knowledge in which we generate meaning by way of experience. This view holds that each student has a unique background, with unique needs, so becomes quite complex and multidimensional. Just as students have unique perspectives, so do teachers. We also know that how teachers view the world, how they think about problem solving, and what they choose to include and exclude while teaching provides meaning and guidance for learners, particularly young learners. What teachers bring to the table from prior knowledge is also very powerful the teacher that uses clues and pays attention to the class wil not just know what to teach, but how to approach different topics. Regardless of the printed curriculum, then, there will be slant or bias towards a certain topic, a certain way of looking at that topics, or even which topics to include in the lesson.

The Department of Education is known as the biggest bureaucracy in the country. As a beginning professional teacher, it is advantageous to know the legal bases of education and the programs and projects of the department. It must also be clarified about the rights, responsibilities, and accountabilities as a teacher. It is important that the beginning teacher must internalize their roles, rights, obligations, and accountability that must be performed as a professional teacher. Being a part of the organization, the beginning teacher must also be aware