2. Legal and Ethical Implications for Teachers in
Classroom Management, Control, &
Discipline.
Teachers have used many different strategies and techniques over the past
several years when implementing classroom management. According to
research, classroom management involves several components that needs to be
addressed by the teacher. Some of these strategies include
preventative, corrective, and positive support techniques (Elliot, Kerr, Levin, &
Nolan, 2012).
Teachers need to be knowledgeable about the legal and ethical issues when
managing the students in their classrooms. Teachers have legal and ethical
standards to which they must uphold to, in order to avoid violating the rights of
the students in their classrooms and their school.
4. What is Classroom Management?
"Classroom management is a thoughtful and
purposeful process consisting of actions teachers
take to create an environment conducive to
learning."
(Garrett, 2013, pg. 47)
5. Why is Classroom Management
Important?
As teachers we have a legal and moral obligation to keep our students safe and to
provide them with an appropriate learning environment (Cooper 2014).
Classroom management is an important part of creating a safe and effective
learning environment for the students. At the beginning of the year, it is
imperative that the teacher set up classroom rules and routines. In addition, the
teacher must establish appropriate consequences for misbehaviours within their
legal and ethical boundaries.
6. Myths on Classroom
Management
-If the lessons are engaging there will be no discipline problems.
-Effective teachers don't have discipline problems.
-Attention needs to be on instruction not discipline.
-School code of conduct is an appropriate discipline plan for your
classroom.
(Boyd, 2012)
7. Facts on Classroom Management
-Different strategies work for different students.
-Classroom management impacts the learning environment.
-Relationships are key.
-Classroom management begins with the physical layout of
the classroom.
(EDPS 310)
8. Establishing Classroom
Management
How can we as teachers establish classroom management in our
classroom?
• Setting up the physical layout of the classroom.
• Developing rules and routines.
• Developing relationships with the students.
• Plan and implement engaging instruction.
• Address discipline issues when they arise.
(Garrett, 2013, pg. 48)
10. Criminal Code of Canada
Section 43:
“Every schoolteacher, parent or person standing in the place of
a parent is justified in using force by way of correction toward
a pupil or child, as the case may be, who is under his care, if
the force does not exceed what is reasonable under the
circumstances.”
(Criminal Code of Canada)
11. Charter of Rights and Freedoms:
Fundamental Freedoms
According to the Charter, everyone has the following fundamental freedoms:
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression, including freedom of
the press and other media of communication;
(c) freedom of peaceful assembly; and
(d) freedom of association.
12. Charter of Rights and
Freedoms
Section 8:
“Everyone has the right to be secure against unreasonable
search or seizure.”
Section 12:
“Everyone has the right not to be given cruel and unusual
punishment.”
13. The Education Act
Part 1
Access to Education
Right of access to education
Every person
(a) who at September 1 in a year is 6 years of age or older and
younger than 21 years of age,
is entitled to have access in that school year to an education
program in accordance with this Act.
14. Declaration of Teachers Rights and
Responsibilities
• The Principle of in loco parentis:
• This principle states that a teacher is responsible for the student in the same manner as a caring and
loving parent. As a teacher, your are liable if your standard of care causes harm to your student.
However, if your standard of care is that of a reasonable parent-child relationship, you would be covered
under this principle.
• Negligence:
• Teachers are required to adhere by a standard of “reasonable” care that is similar to that of a “prudent
parent”. A teacher can be deemed negligent if they do not follow the elements established by law:
•
•
•
•
•
Duty of Care Owed (either by legislation or by expectations place on the teacher by school).
Did the teacher fail to exercise “reasonable care?”
Did the lack of care cause the injury?
If the plaintiff was injured, what are the extent of the injuries?”
How did the behaviour of the plaintiff contribute to the injury?
15. Con’t: Teachers Rights and
Responsibilities
• Teaching Duties:
• “Teachers have the right to base diagnosis, planning, methodology and
evaluation on professional knowledge and skills, and have the responsibility
to review their own level of competence and effectiveness and to seek
necessary improvements as part of a continuing process of professional
development.”
(Declaration of Rights and Responsibilities Document, 2013)
16. Code of Professional Conduct
This is the minimum standard of what a teacher needs to abide by
when conducting themselves in the school.
For more information please click here:
http://www.teachers.ab.ca/SiteCollectionDocuments/ATA/Publications
/Teachers-as-Professionals/IM4E%20Code%20of%20Professional%20Conduct.pdf
18. Punishment
Should inappropriate behaviour result in punishment??
2 Ethical Principles affected by Punishment:
1. Nonmaleficence: No harm.
2. Beneficence: Students best interests.
19. Zero-Tolerance
• Severe and punitive punishment.
• Goes against the students ‘right to an education’ which is stated
in the Education School Act.
Is a Zero-Tolerance policy effective if it results in
suspending the students from school? Does this benefit the
students?
20. Suspensions
• Suspensions should only be considered when all other forms of
discipline have been tried and have not succeeded.
• Due Process states that certain procedures need to be followed
before you can suspend or expel a student.
• For example, the student is entitled to a meeting with their school
administration as well as they have the right to be notified as to why they are
being suspended. (Redfield, 2001)
