Legal Organisational and Ethical Responsibilities Associated with the Assessment System
Many teachers view academic freedom as a constitutional freedom enshrined in the First Amendment. Because a teacher is a government employee and has signed a legally binding teaching contract, the teacher is required by law to comply with the rules and regulations established by the school board and the laws of the state and federal government. A teacher represents the school and cannot do what he wants in class. Similarly, a teacher does not have complete freedom of speech to say what he or she says. All teachers must follow the guidelines contained in their teaching contract and the school board`s policies and procedures. Imagine a teacher suspecting that a student has illegal drugs in his backpack. They noticed that the student had put a small pocket in the front pocket of her locker. The teacher immediately reports his suspicions to the principal. What should be the next step? The school administrator must have a “reasonable suspicion” based on facts specific to the student or the situation. An “intuition” is not enough. Rather, the principal must believe that the search of the student will produce evidence of a violation of a school rule or law. “Reasonable” is based on what is being sought and the age of the student.
The Every Student Succeeds Act (ASSA) was enacted in 2015 (Every Student Succeeds Act, 2015). It replaces the No Child Left Behind (NCLB) Act, enacted in 2002. ESSA requires states to take more responsibility for student performance in their public schools. Its goal is to provide equal opportunities for students from different backgrounds, including people living in poverty, minorities, special needs and English language learners. “It`s a very difficult topic,” agreed Laura Sack, a New York-based partner and co-chair of the East Coast employment practice at law firm Davis Wright Tremaine. “There`s not a lot of black and white in the world of an HR worker, but [the issues you face] can still have legal implications.” All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside. No State may enact or enforce any law that limits the privileges or immunities of citizens of the United States; nor may any State deprive any person of life, liberty or property without due process; deny the same protection of the law to any person within its jurisdiction. What factors led to this incident? How can this incident be prevented? What is the responsibility of staff in managing this incident? What is the duty of medical and nursing staff during such events? If so, what are the ethical issues of patient safety? What are the legal obligations and consequences of this case? This case was raised during the monthly ethics session at the Children`s Medical Center of Tehran University of Medical Sciences, Iran, and the ethical dimensions of patient safety were discussed by experts from various fields. The opinions expressed in this article are a summary of the views of experts in various fields, including neonatology, medical law, ethics, and nursing. Despite increased attention to the quality of health services, patient safety in healthcare facilities still faces many threats.
As patient safety is multidimensional and based on ethical and legal imperatives, ethical and legal challenges should be considered. It seems that if the healthcare team makes a mistake, the event should be announced honestly to the parents, without blaming the caregivers. Also, irritating phrases such as “It happens” and “Nothing happened” should not be used. Ethical decisions take place every day in our classrooms. Often, you may believe that treating students equally is an ethical approach. But when you walk into a classroom, you may notice that a teacher is calling a shy student rather than another student who usually dominates the discussion. Is it the same thing? The teacher clearly treats the two students differently. This is what we call good teaching practices in education. The NEA Code of Ethics guides your teaching behavior by putting your students at the center of your practice. Always keep in mind that you should treat all students equally, not necessarily equally.
Establishing patient safety involves different individual, professional and organizational aspects, with a particular focus on ethics. Professional and organizational commitment leads to discovering and reporting one`s own mistakes and those of others (10). All members of the school community have the right to due process to ensure a fair trial. The central premise of due process is fairness. A school district can be sued if it is suspected of being unfair or inappropriate. This legal argument can be made by a teacher, student, parent or community member. Anyone who believes they have been unfairly or unreasonably affected by a school policy or procedure may sue the school. Random drug testing has always been allowed for teachers and students. In Supreme Court Board of Education of Independent School District No. 92 of Pottawatomie County v.
Earls (2002), the Court ruled that athletes may be randomly tested for drugs to protect school safety and ensure a drug-free school. The safety and knowledge of the drug-free school took precedence over the personal rights of students who voluntarily participated in sporting events. The Court found that while students participating in extracurricular activities have limited rights under the Fourth Amendment, there are fewer expectations of privacy in the school environment and students` rights must be weighed against the school`s interest in minimizing illicit drug use (Staros & Williams, 2007). Despite different patient safety guidelines and standards, less attention is paid to the ethical and legal aspects of this issue. From a moral perspective, the primary goal of patient safety in the healthcare system can be examined from two perspectives. It can be studied as a practical value, in that the focus is on its positive results and benefits. It can also be examined as a moral value with an emphasis on the protection and promotion of humanity and human dignity. It should be emphasized that both aspects are important in the health care system. From a professional perspective, moral values in patient safety are not separated from core medical obligations, but are so central that they can be the source of other moral values emphasized in medicine. This means that patient safety is closely linked to the concept of human dignity and that all patient safety measures must ensure the protection of human dignity (10).
In other words, the responsibility of health workers and professional commitment in general are closely linked to human dignity (11). Superintendents often become the primary authority for ensuring compliance (Waggoner, 2008). A standard of relevance is helpful in creating a successful dress code, as well as clarity of language and situational flexibility to determine appropriate dress and professional presentation. Check your school and district`s dress code to make sure you`re following the rules. FERPA`s intention is to improve parents` access to their child`s information within the school. It does not guarantee access to all of a child`s academic records, such as the teacher`s personal notes, letters of recommendation, notebooks, or correspondence with a principal. These items are excluded from display. There may also be records or information kept separate from a student`s file to protect the privacy rights of other students in the school. Now imagine that an elementary school teacher is outside with his students in the playground. Two children ask if they can climb the climbing wall.
The teacher agrees and starts walking so they can supervise their game. At this moment, a child falls from the monkey grids on which he played and begins to cry. The teacher quickly walks over to the fallen child and notices that she has a cut on her arm. Can this teacher be sued for negligence? Examples of state involvement in public schools include: In addition, in this case, care must be taken to ensure that hospitalization of the newborn is necessary and not to blame the mother.