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Stephen Loyd 1/27/13 Legal and Ethical Implications for Classroom Management Effective, well organized classroom management

is an essential part of any successful classroom. Creating an atmosphere where students feel safe and comfortable is the key for active learning. However, problems can arise when a teacher, who is trying to gain or maintain control, crosses a legal of ethical line in pursuit of it. All participants in a school environment, parents, teachers, students, and staff have a responsibility to ensure safety in our schools, be it legal or ethical. Four such ares that can often toe the legal and ethical boundaries in the classroom are corporal punishment, inclusion vs. self-contained classrooms, seclusion and restraint, and religion. What is corporal punishment? In a school setting, corporal punishment is generally related to the practice of spanking or paddling a student after they have broken an of a specific set of rules that the school has decided warrants such action. Currently, 19 states still allow corporal punishment, including Arizona. In an article by Tanija Smoot titled Corporal punishment? Not in the classroom, she discusses the implications of corporal punishment in Temple Texas after a ban on the practice was lifted in 2009. There are two sides to corporal punishment. Mrs. Smoot makes that abundantly clear. She discusses how proponents of the practice insist it instills fear and shows students that the rules must be obeyed. she points out that in the current school environment, where students have become disruptive, argumentative and disrespectful toward their authoritarians(1) many teachers and parents see spanking in schools as the only way to restore order to the chaos. However, Mrs. Smoot makes reference to our history to show the opposing view. She infers that like in the past, when threats and fear of physical punishment lead to uprisings, rebellions, and even revolution, corporal punishment has the very real possibility of breeding resentment in rebellion in the students that are subjected to these methods of behavior control, creating more disruption and chaos in the process. In the end, she makes a statement of opinion that she believes corporal punishment should be left up to the parents and not the schools or their teachers. I would tend to agree with Mrs. Smoot on this point. In my opinion, corporal punishment is best left out of the classroom and in the hands of the parents. there are many more plans and programs that are just as effective at controlling behavior in the classroom that dont take a mental and emotional toll on a student like corporal punishment does. Another controversial issue facing teachers in the classroom is the argument of inclusion vs. self-contained classrooms. This argument centers on students with special needs and whether they learn and function better when included as a part of a regular classroom, or if they have a better educational experience when placed in a separate, specialized classroom where they have little to no contact with other students. In 1975, the Individuals with Disabilities Education Act (IDEA), federal law declared that children with disabilities have the right to education in a least restrictive environment. The problems occur when teachers and educators attempt to interpret what is meant by least restrictive environment. It is the belief of some teachers and parents that disabled students are a distraction in the classroom and hinder the learning process. My wife, being an early childhood special education teacher can attest to situations with students that become violent and disruptive in the regular classroom and must be removed for their own and the other students safety. There are parents in the district we are in that have even petitioned the

school board to have certain students removed from the regular classrooms. However, in the majority of cases, I believe that inclusion is the best option for many students. In an article published by the U.S. Department Of Education titled HISTORY: Twenty-Five Years of Progress in Educating Children with Disabilities Through IDEA, The purpose of inclusion is clearly illustrated through the story of a boy named Hector. The article Tells us about a first grade Hispanic boy that has sudden, violent mood swings that often lead to his involvement in fights and arguments. Through early identification and an inclusion based program that included observation of regular student interaction, social skill development in the classroom, and small group involvement where Hector worked on social dynamics and anger control, Hector was able to learn coping mechanisms that helped him control his behaviors. The article says that by the end of first grade, Hector was looking forward to a bright future with realistic hopes for continued success and high achievement in 2nd grade and beyond.(2) I believe most students like hector need to be included in the regular classroom. A solid, structured environment with set boundaries and set consequences for crossing those boundaries in conjuction with a individually targeted education plan, can change the path of many students with disabilities, and help prepare them for a successful school career. Seclusion and restraint are also controversial topics in the classroom today, and can be closely tied to both corporal punishment and the inclusion vs. self-contained debate. Seclusion and restraint refer to practices in the of isolating a student or physically restraining students in response to behavior issues. In an article titled The Use of Seclusion and Restraint in Public Schools: The Legal Issues authors Nancy Lee Jones and Jody Feder examine issues that arise in schools that use these techniques. They point out that there have been a rising number of students receiving injuries, and even reports of students who have died after being restrained or secluded. They also go on to examine the possible violations of IDEA that may occur due to these practices. The authors final conclusion is that there is a serious need to address the legal principles involved in the use of seclusion and restraint in school(3) I have knowledge of students in this district that have been restrained. there are padded rooms used for seclusion when students become violent. This is a part of modern school culture, but we as teachers must always be aware of who is implementing these techniques, who they are being used on, and who has the proper training to implement them when they are required. Religion is a hard issue to address in the classroom, and it inevitably comes up in all classes at some time, whether you as a teacher are addressing dinosaurs, Christmas parties, the first Thanksgiving, or school dress codes, all teachers must deal with religion. To begin with, there are already strict laws in place that deal with religion in schools. In general, public schools may not teach religion, although teaching about religion in a secular context is permitted. Where this gets tricky is in what and how information on religion is being presented. In an article titled Religion in History and Social Studies by Keith C. Barton and Jennifer Hauver James, they address this very issue. They discuss how some teachers uncertain where the line is between teaching about religion, which is legal and nessary, and promoting religion, which is illegal in the classroom. They dicuss how some educators believe it is appropriate in a school setting to have students engage in practices such as prayers or text recitation of religions to which they do not ascribe in order to gain a better understanding of that religion. This often leads to public outcry of religion being promoted in our schools, and on more than one occasion as cost a teacher their job. Still, Barton and Hauver discuss others who attempt to omit any discussion on religious topics, deeming them taboo and to controversial for public schools. This is not the right approach either. Religion is a component in the development of our country, our laws, and the

history of the world as a whole. Removing religion from all aspects of education and you leave students with a malformed image of history. Barton and Hauver than go on to present the need for a balanced approach to the treatment of religion in education. This includes actively reflecting on ones own approaches to the subject in a class. Things like we statements that denote a religious bias in the classroom, which may not be illegal, but may still be inappropriate. In the end, Barton and Hauver make a case for preparation as the key in facilitating ethical dialogue about religion in the classroom(4). As a professed, practicing Christian man, I can see he need to address this topic head on with myself before I ever set foot in my classroom. Regardless of my own personal beliefs, I must present an open, non-judgmental forum for discussion on any religious topic that comes up and address it honestly from a neutral point of view. A teacher must always be aware of the ramifications of their actions. Teachers will always face issues like these in the classroom. The key is to be prepared for them and maintain a cool, level head in any situation.

1. http://www.thelantern.com/opinion/corporal-punishment-not-in-the-classroom-1.1426667

2. http://www2.ed.gov/policy/speced/leg/idea/history.html 3.http://www.spannj.org/information/CRS_Report_on_Legal_Issues_in_Seclusion_&_Restraints.pdf 4.http://www.historians.org/perspectives/issues/2010/1005/1005for13.cfm

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