EDF 1005 Required Article Review and Reflection

Required Article Review and Reflection

According to a study conducted by the Institute for Education Sciences, in 2003 and 2004, the United States teaching force consisted of well over three million educators. Two-thirds are female and almost half have a master’s degree. Also, in public schools, seven percent of teachers have earned doctoral or specialist degrees. Obviously, they are well trained and fit enough to educate the future of our country. So why is it that an overwhelming number of studies point to the fact that they lack vital knowledge pertaining to education law?
Mark Littleton’s journal entitled “Action in Teacher Education” addressed various statistics and studies relating to the knowledge base of education-related law. In 1970 there were around 300 lawsuits involving schools, and in 2001, that number exploded to over 1,800. Centers of conflict involve public school finance, accountability, special education, English-language learners, and religion. If teachers were more knowledgeable about their rights, student rights, care and supervision, instruction, and health and safety issues, then many of these predicaments would cease to exist. The No Child Left Behind Act and the Individuals With Disabilities Education Act have both had a profound impact on the manner in which schools operate, as well as major legal consequences if mistakes are made. Unfortunately, Level 1 hearings in the United States concerning schools and special education matters have increased 92% in the past nine years. And in Florida, a devastating majority of legal disputes are centered on special education.
Although no national study about teacher knowledge of education law has been conducted to date, much research and analysis has been done, primarily through doctoral dissertations in a variety of states. Experience, age, and gender of teachers are the variables frequently investigated. When it came to experience, some reports actually contradicted each other. Some studies found that the more experience teachers possessed, the more knowledge they had on how to protect themselves and their students from legal problems. Seven other studies found no such correlation. And one report in Georgia in 2001 found that novice teachers with less than three years on the job had a better grasp of education law then teachers with over thirty years of experience. In terms of age, the main consensus is that older teachers are more aware of how to protect themselves in the classroom than younger teachers are. When it comes to analysis of sex, both male and female teachers are equally uneducated on issues pertaining to law and their careers. Examinations of other variables have also been done. For instance, urban teachers possess a greater knowledge of minority rights and suburban teachers know more about student discipline legal matters. Additionally, middle school and high school teachers seem to have more knowledge than elementary school teachers. And teachers who are members of professional organizations have acquired a better comprehension of education and legal issues then other teachers. A study in 1997 by Gullatt and Tollet found that very few states have teaching requirements that include courses on education law, regardless of the degree being earned. So basically, even the seven percent of public school teachers with doctoral degrees could potentially have just as little knowledge on this matter as their students.
The United States Congress and state legislators continue to formulate laws that make legal standards and education norms almost inseparable. Many educators express confusion when faced with difficult situations in the classroom. Some are timid in taking risks and being innovative, while others regard the law with apathy, or even ignore it altogether. Teachers can easily destroy their professional careers and reputations with one incident that could have been easily prevented. Young people’s lives can go down the drain after an experience with a negligent teacher. So what can we do to address this alarming problem? Mark Littleton makes three clever suggestions. Structured coursework, periodic professional development sessions, and membership in law-based informative organizations may be what teachers need to close the legal knowledge gap. Wagner did a study in 2006 and found that 75% of the teachers he surveyed had never taken an education law course. Based on the alarming increase of school based lawsuits, teacher preparation programs, colleges, and universities should incorporate these classes and make sure the learner’s knowledge of education law is acceptable for real world situations. Professional development sessions have proved to be the most effective method in reminding practicing teachers the consequences of making serious mistakes. As 88% of America’s teaching force has been on the job for more than three years, a periodic reminder is not a bad idea. Additionally, professional organization membership can also assist in generating teacher awareness. Professional libraries can be established to inform teachers of the variety of job-related legal issues they can encounter, and what approach to take with each. School administrators can mandate recurring training on subject matter specific to their districts. Focusing on special education, tort liability, student rights, and religion can only benefit teachers and expand their familiarity with issues that could arise. Undergraduate and graduate schools, policy-makers, and public school district personnel can all do their part in combating the documented lack of comprehension of education law by our teachers.
Schools in the United States have not only been growing in size, but they have also become increasingly multifaceted, diverse, and complex. Our society is on a continuum in becoming more and more sophisticated due to technology. As we develop, various problems arise. Sadly, in the school system, a major one of these problems pertains to litigation matters. This journal article parallels closely to EDF 1005 at Miami Dade College. A head-start in attaining knowledge of education law can only help my own career, even at an introductory level. The more information I seek out, the bigger chance I have in ultimately becoming a successful employee at a public or private high school. I can continue studying the major Supreme Court cases that have shaped the history of the US educational system, and I can look to my professors for positive influence and insight. Legal disputes are time-consuming, disruptive, and cost a lot of money. They are the absolute last thing children should have to deal with. Schools should be a place of refuge, where children can go to escape problems at home and divulge themselves in books and learning, using knowledge as an outlet to achieve peace, clarity, and self-esteem. The more educated teachers are on how to avoid conflict, the fewer lawsuits there will be. And it doesn’t need to be stated that less lawsuits would benefit the lives of administrators, parents, students, teachers, communities, and society as a whole.