Research on following Legal Documents That Apply to the Teaching Profession
The raid was also controversial with the use of CCTV and metal detectors in schools. Currently, courts have ruled that if school safety is threatened, means of surveillance may be introduced into the school, but that comprehensive surveillance with video or metal detectors may impede the adequacy of surveillance and violate Fourth Amendment protections. The goal of school policies and procedures is to provide and maintain “a safe, healthy and trouble-free learning environment” that encourages and supports teaching and learning (Vacca, 2014, p. 5). In 1974, Congress passed the Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment. This was an amendment to the Primary and Secondary Education Act (SEA) 1965. FERPA is a federal law that protects the confidentiality of students` academic records. FERPA requires schools, parents and students to provide access to official school records. It also requires schools to have procedures in place for parents to challenge the accuracy or completeness of the information in their child`s file. Parents retain the right to access their child`s report card until the child reaches the age of eighteen or is enrolled in a post-secondary institution. The teacher engages in continuous professional learning and uses evidence to continually evaluate their practice, particularly the impact of their decisions and actions on others (learners, families, other professionals, and the community), and tailors the practice to the needs of each learner (CCSSO, InTASC Standard #9, 2013). The General Education Regulations Act of 1978 is an amendment to FERPA.
It also allows parents, guardians and students themselves to access research results collected about students. The law also states that no student is required to take tests, nor can students be asked about their personal beliefs such as sexual attitudes or behaviors, political affiliations, or income. It also limits the issue of feelings or behaviors such as psychological or mental problems. In Doninger v. Niehoff (2008), a student`s derogatory comments posted online represented a significant disruption to the school. One blog post contained language that would be banned in the school and interfered with school work and discipline. An appeals court ruled that even if online comments were made off-campus, speech could be restricted to promote school-related goals on campus. This case is about disruptive language and cyberbullying.
It emphasizes the school`s responsibility to maintain a safe environment for students. As soon as a teacher applies for a position in a school and gets it, he receives an apprenticeship contract. An apprenticeship contract is a written agreement between the school system and the teacher and serves as a legal document that defines the roles and responsibilities of the teaching position. When the school board negotiates with a teachers` union, the union`s policies and regulations are also set out in the contract. The apprenticeship contract must be signed by the teacher, the school and ratified by the school authority to be binding. The apprenticeship contract is binding unless it is breached if one of the parties does not work as agreed within the period specified in the apprenticeship contract. Each state has a different definition of the types of apprenticeship contracts subject to teachers within the state, but some traditional types of apprenticeship contracts are explained in Table 5.3. In schools, educators have a responsibility that the courts call “in loco parentis” or “in place of parents.” This means that at school, it is the responsibility of educators to make similar judgments to a parent when it comes to child safety.
Since an educator is legally responsible for the safety of children under his supervision, a teacher is considered negligent if he does not protect a child from injury or harm. Like freedom of expression, a teacher`s freedom of expression with regard to personal presentation and dress can also be questioned. Lawsuits related to dress code requirements set by school boards and imposed on teachers in their local schools have set a precedent, but this issue continues to be hotly debated. As a teacher in public schools, can you exercise your own “personal freedom” in the way you dress? The National Education Association (NEA) and the American Federation of Teachers (AFT) are currently two of the largest teacher unions and professional associations in the United States. Both have been around for over 100 years and support teachers, as well as other school staff. As unions, both organizations support their members through collective bargaining, where they work with teachers as they negotiate with their respective school districts to resolve disputes, as well as lobby Congress for state and federal laws that would affect education-related issues, including teachers` rights and responsibilities. In Connick v. Myers (1983), the Supreme Court again overturned a lower court decision holding that the freedom of expression of public sector employees is protected only when it concerns matters of public interest.