Monday, August 3, 2009

13 down, 13 to go.

I finish another class this weekend. Yeah!! This one was Ethical and Legal considerations. It was interesting. Because education was taken over by the government, courts have ruled that first amendment rights (freedom of speech, expression,association, and 14th amendment rights (due process)apply to public school teachers and students, but not to private. The Constitution states that "Congress shall make no law..." In this case, Public schools are considered "an arm of the Government" or "one of its creatures." So, if you tell off your boss, or wear something offensive to school at a private school, you can be fired and that is the end of it. But if the same thing happens at a public school, that individual can sue for his job back and, considering the circumstances, get it back.

For some reason, this surprised me. Why should it be any different at a private and public school? Almost all of the cases we looked at were of this type.
I mentioned this to Jonny. He pointed out that if they were going to be consistent, 2nd amendment rights should also be allowed. He is right. If they were trying to be consistent, a teacher should not be denied the right to carry firearms onto school property. Not that I am advocating such a thing. The point is that it doesn't make sense.

The only time I could see where public school was not considered and arm of the government was in the case of copyright laws. Schools can not fudge on the copyright. In this case, the courts have ruled that public schools are not an arm of the government and thereby have to obey copyright laws. - probably the doing of the textbook writing companies.

It is just the inconsistency that gets me. I thought schools were there for the students, not to employ teachers. - what was I thinking?!?

The other interesting part of this class was my research into high-stakes testing. I was supposed to write on the value of high-stakes testing (tests being used to determine grade promotion, teacher and school quality, etc. mandated by the No Child Left Behind). I could not find anything positive. All I found was article after article, and study after study, on how this was bad policy for everyone involved. It is ineffective, not producing the desired results, very expensive to implement, and in many ways doing harm instead of good.

But, I'm off to my next class.

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