"

For All Educators

Preparing to Learn iconPreparing to Learn

Responsibilities, Rights, and Ethics

Before discussing teachers’ critical legal and ethical responsibilities, complete the assessment below to check what you already know, what you need to unlearn, and what you might be interested in exploring further.

Teaching is both challenging and rewarding. Because teachers can positively impact students’ lives, it is satisfying; but it is also difficult because teachers must navigate federal and state laws to be good at what they do. Unlike other professions, laws, policies, and ethical codes regulate the work of teachers, and while these types of guidance may exist to provide clarity, they oftentimes cause confusion instead. New educators may find awareness of and compliance with these expectations especially overwhelming. This section broadly introduces aspiring teachers to the key concepts, legal rights, and ethical responsibilities that are expected of all educators and are explored through the lens of special education. This module’s next chapter will focus specifically on the ethical and legal obligations of special education teachers.

Legal Responsibilities

Federal Education Laws[1]

Federal and state laws guide teachers to ensure they meet the goals set forth by public education to effectively serve enrolled students. Federal and state laws related to education are important for all teachers to know, regardless of where they teach in the United States and what they teach. Laws in education tend to focus on privacy and student success, opportunity, and achievement. This section will explain federal laws related to education, including the Family Rights and Privacy Act (FERPA), the Every Student Succeeds Act (ESSA), and the Protection of Pupil Rights Amendment (PPRA).

Family Educational Rights and Privacy Act (FERPA)

The federal Family Educational Rights and Privacy Act (FERPA) protects student educational records by preventing teachers from sharing information related to their students with others. While important for all educators to adhere to FERPA, it is especially important in special education, as students in special education tend to have additional educational records, like Individualized Education Programs (IEP) or progress reports.

The FERPA seeks to improve parents’ access to their child’s information within the school. As part of this law, schools must establish a procedure that offers parents access to their child’s records and allows them to provide corrections or request completeness when needed. Parents have the right to access their child’s school record until the child reaches the age of 18 or enrolls in a postsecondary institution. Some records, however, are not included, such as personal teacher notes, letters of reference, grade books, or correspondence with a principal. There also may be files or information kept separate from a student’s file to protect the privacy rights of other students in the school.

Every Student Succeeds Act (ESSA)

The federal Every Student Succeeds Act (ESSA) replaced the No Child Left Behind Act. ESSA requires each state to provide transparency to parents and communities by creating and publicly sharing a State Report Card, which includes student performance in reading, math, and science, as well as graduation rates, suspensions, absenteeism, and teacher qualifications. In addition to sharing that information, states also must report their per pupil expenditures (how much they spend per student) and their lowest 5% performing schools, helping provide accountability to each state and its public education system. The lowest performing schools receive support for improvement. Important for special educators, the act mandates that schools provide students in special education programs with equitable learning opportunities.

The Protection of Pupil Rights Amendment (PPRA)

The federal Protection of Pupil Rights Amendment (PPRA) protects students’ privacy by limiting the collection of information about them. This amendment protects students from administration of surveys, analyses, or evaluations related to one or more of the following protected areas:

  • Political affiliations or beliefs of the student or the student’s parents.
  • Mental or psychological problems of the student or the student’s family.
  • Sex behavior or attitudes.
  • Illegal, anti-social, self-incriminating, or demeaning behavior.
  • Critical appraisals of other individuals with whom respondents have close family relationships.
  • Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
  • Religious practices, affiliations, or beliefs of the student or student’s parent.
  • Income (other than that required by law to determine eligibility for participation in a program or to receive financial assistance under such program).

Summary

Together, these federal laws protect the privacy of public school students, while at the same time guarantee equitable learning opportunities for students regardless of their demographics or identity. As a future educator, you will need to generally understand these laws to ensure your compliance and to best protect and educate your students.

Practice iconPractice

Federal Laws

States’ Roles and Public Schools[2]

Federal laws provide the framework for states to effectively serve their students and communities, and state laws provide the details about how educators can achieve that aim. While federal laws can sometimes seem ambiguous or overarching, state laws tend to be more specific to the context of the state’s geographic and cultural needs.

For instance, each state is regulated to provide a minimum public education to each child in their respective jurisdiction, and each state is left to interpret what a minimum public education looks like for that state. As a result, each state’s compulsory attendance statute determines the ages when students in that state will be expected to attend school. This statute includes three categories: (1) Age of required attendance, which lists the range of ages that students must attend school within that state; (2) Minimum age limit for offering free education, which lists the age that students must begin school within that state; and (3) Maximum age limit for offering free education, which lists the cutoff age for students to complete school within that state. As the comparative example below show, the ages vary depending on the state.

Comparison of compulsory attendance statute among four different states
State Age of required attendance Minimum age limit to which free education must be offered Maximum age limit for which free education must be offered
Alabama 6-17 years of age 5 years of age 17 years of age
Hawaii 5-18 years of age 5 years of age 20 years of age
Minnesota 7-17 years of age 5 years of age 21 years of age
New York 6-16 years of age 5 years of age 21 years of age

State laws also provide guidelines for how schools are organized based on funding and how money is allocated to school districts throughout the state. From there, school districts decide how to spend those funds. Sometimes, state legislatures and courts must intervene to help reduce funding disparities between poorer and wealthier school districts and ensure all students gain equal access to education.

Other ways that states provide schools with oversight include:

  • Identifying the minimum licensure requirements for educators.
  • Dictating what educators must do within that state to maintain their teaching license.
  • Creating a state board of education.
  • Setting up school districts.
  • Establishing school boards for each district.

Mandated Reporting

In most states, as mandated reporters, teachers must report any suspicion of child maltreatment. Child maltreatment includes harm caused to a child by neglect, physical or sexual abuse, child endangerment, mental injury, or threats of injury. Awareness of mandated reporting is especially important for those working with students with disabilities because children with disabilities are three times more likely to experience abuse or neglect compared to children without disabilities (Jones et al., 2012). [3]

Mandated reporting legally requires teachers to report any suspicions of maltreatment or any situations where they witness maltreatment firsthand. The person who is told of the maltreatment must file the report within 24 hours after learning of the maltreatment. This responsibility cannot be transferred to another person. Those who fail to file a report can be held accountable by law, which could include a misdemeanor charge, loss of accreditation or licensure, or a negative mark on a background check. If a child discloses that they have been abused within the last three years, it needs to be reported within 24 hours in the same manner as current maltreatment.

When teachers find themselves in this situation, they are protected in many ways. Because of the law’s mandate, supervisors and administrators cannot prevent or discourage filing of reports. Reports of this nature are reported in good faith, which means that the person reporting the claim has reason to believe that maltreatment is truly occurring. Last, the child’s family will not be informed of who made the report. If teachers ever suspect that a child is in imminent danger, they need to call 9-1-1.

The Readiness and Emergency Management for Schools Technical Assistance Center has created a tool that allows users to review some of each state’s mandates. While not exhaustive, the list of mandates for each state provides an understanding of that state’s expectations.  Want to know if your state has a mandated reporting law for educators? Visit the website of your state’s education department.

The District as Your Employer

While technically considered state employees, public school teachers work for the school districts they serve, and as such, teachers must be aware of the school district’s guidelines and expectations. As a reminder, the federal government tends to provide the necessary laws and guidance to serve students, and the state government provides oversight to ensure the implementation of these laws within the context of any given state. School districts dictate curricula, create and enforce discipline policies for students to follow, and identify how to spend state-allocated funds.

Practice iconPractice

School Governance at the Federal, State, District, and School Level

This visual representation helps in  understanding the relationships that exist among the federal government, state government, school districts, and schools.[4]

Ethical Responsibilities

Teachers have ethical responsibilities. Educational organizations and states have established ethics codes that help make it clear to teachers what it means to be ethical. As a set of guidelines, an ethics code clarifies how educators should behave in certain circumstances with ethical standards or expectations informing their actions.

Ethical Codes

Because special education students rely on their teachers and other educators in ways that other students might not, it is of utmost importance for special education teachers to operate in an ethical manner. In addition to complying with federal and state laws and following the expectations of districts and schools, special education teachers must be aware of the ethics codes that exist within the educational sphere, including the National Education Association Code of Ethics for Educators and the Association of American Educators Code of Ethics for Educators. These codes explicitly highlight ethical behaviors for educators. The sections below offer further detail.

The National Education Association (NEA)

An organization of educators, including K-12 teachers and those who support public education, the National Education Association (NEA) has helped define what it means to be an ethical teacher. The National Education Association Code of Ethics for Educators guides the work of teachers.

National Education Association Code of Ethics for Educators[5]:

The Association of American Educators (AAE)

The Association of American Educators (AAE also helps define the meaning of ethics for teachers. A nonunion, nonpartisan professional educators organization focused on student achievement, the AAE, like the NEA, has developed a code of ethics to guide the behaviors of educators. This code of ethics aims to ensure educators can provide a nurturing learning environment that allows all students to reach their potential.

The Association of American Educators Code of Ethics for Educators[6]:

Individual States

In addition to the NEA and AAE codes of ethics, many states have ethical expectations of teachers that are clearly articulated in their policies. For instance, states such as Virginia, Michigan, and California have clearly stated ethical expectations of their teachers. If you want to know if your state has created a code of ethics for its teachers, visit the website of your state’s Education Department and search the phrase “code of ethics.”

Other Ethical Considerations

In addition to the ethics codes, teachers will want to be aware of the implications that others can draw from the ways they present themselves. Daily, teachers must make judgment calls about how they communicate, how they dress, or how they present themselves in public settings. While overwhelming, teachers can navigate these considerations.

To help frame these judgment calls, teachers can draw on NEA, AAE, state, and district codes of ethics and consider how their choices will impact their relationships with students and staff. For instance, if using slang in conversations prevents colleagues from understanding you, you might want to consider language that includes more familiar terms to your colleagues. Or if you enjoy playing with your students, but wearing stiletto-heeled shoes will prevent you from doing that, you may want to choose different shoes. It is important to remain true to yourself while also demonstrating professional and ethical awareness.

Implicit Bias

Everyone has implicit biases, or unintentional judgments, that automatically occur. Educators need to be aware of their own implicit biases to refrain from acting on them. Unawareness of implicit bias can potentially negatively impact students’ opportunities in the classroom. Bias does not occur suddenly, but instead develops from a young age through adulthood. People are socialized to form biases, which stem from their environments and communities, and they may not be aware of them.

One way to increase awareness of implicit bias involves identifying potential biases when they arise. For example, do you automatically use “he” when referring to someone whose gender is unknown? Do you assume students celebrate the holidays that are celebrated in your culture? Do you speculate about people’s abilities based on their race, gender, ability status, etc.? Once you are able to recognize how implicit bias shows up, you can work to prevent it from impacting your behavior. Using the above examples, you might ask yourself the following questions to avoid exhibiting personal bias: Was there a time when the default “he” did not capture the gender identity of the referenced person? Have you seen someone of varied abilities excel at something you didn’t expect? By challenging your assumptions, you can reduce your implicit bias while gaining a deeper understanding of those around you.

Communication

Teachers communicate information to principals, aides, students, parents, teachers, and support staff regularly as a component of their work. When drafting written communications or engaging in spoken communications, teachers may want to consider how they present themselves to help ensure that others perceive them in an ethical manner and in alignment with the school’s goals. Relationships also can be impacted by communication. Teachers will want to consider how others might interpret their messages. As a general rule: If you find that you wouldn’t repeat a message to your supervisor, then it probably isn’t a message you want to communicate.

The goal of communication is to convey an idea to another person clearly. To be a clear communicator, consider your rhetorical situation:

  1. Who is your audience, or to whom are you communicating?
  2. What is the purpose of your communication, or what are you hoping to accomplish through your communication?
  3. What is the context of the situation, or what information do you need to provide your audience for them to have all the details they need to act?
  4. What is the medium, or how do you intend to communicate the message (email, text message, telephone call, etc.)?

Teachers must be mindful of their rhetorical situation, especially when speaking to caregivers of students. When teachers need to communicate information to a caregiver that could be perceived as negative, they should use the sandwich method. The sandwich method begins with  a positive statement, then moves to the sharing of any concerns, and ends with a positive statement.

Example of the sandwich method:

Mohammad is excellent at reading aloud! However, I have noticed that he struggles to read words that are longer than seven letters in length; we are going to work together this year so that he is comfortable reading longer words. I am confident Mohammad will succeed because he is an excellent reader with strong comprehension.

Ultimately, teachers need to remember that student caregivers are the experts, and teachers must listen to them. It may be helpful for teachers to clarify to caregivers that everyone has the mutual goal of helping the student succeed. In these moments, it is important for teachers to stay positive while also being honest about their concerns that relate to the needs of their students. Sharing the successes of students with their caregivers also can help offset some of the discomfort that may come with this type of communication.

Professional Attire and Presentation

Like communication, the way teachers present themselves professionally can impact how others perceive them. Schools do not give teachers uniforms, which means each day by selecting an outfit, teachers choose how to present themselves to their students and their colleagues. Some schools have dress codes for staff and teachers, but they are intentionally vague and open to interpretation. For professional attire, teachers should consider the school’s dress code and their own comfort and style preferences.

Deeper Dive IconDeeper Dive:

Other Ethical Considerations

Implicit Bias

Communications

Professional Attire 

Teachers Matter (A Lot)

Teachers are pivotal because they help students acquire the necessary foundational skills to succeed in later years. Special education teachers unequivocally serve a valuable purpose in education: They provide individualized instruction to students based on their learning needs, communicate the progress of students to their families and their support teams, and coordinate with Individualized Education Program (IEP) teams to ensure students’ educational needs are being met.

While teachers face many considerations, such as federal, state, and district policies, their work is essential to society. Ethical guidance from organizations like the NEA, the AAE, and the Interstate New Teacher Assessment and Support Consortium ([InTASC) provide teachers with the structure to help support them in their critical roles. With laws and guidance in mind, teachers can effectively support their students and school districts.

In a word, teachers are magical. 

Knowledge Check iconKnowledge Check

Responsibilities, Rights, and Ethics

 

References

Adapted from Wells, M. & Clayton, C. (2021). Foundations of American Education: A Critical Lens (Chapter 5: “Ethical & Legal Issues in Education”). Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License

Adapted from Hooser, A. & McClain, J. (2022). EESE 2010 Introduction to Education (Chapter 4: “School Governance and Finance”). Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License; Image adapted from Powell, S.D. (2018). Your introduction to education: Explorations in teaching (4th ed.). Pearson

Association of American Educators. (n.d.). Code of ethics for educators. AAE. https://www.aaeteachers.org/index.php/about-us/aae-code-of-ethics

Jones, L., Bellis, M. A., Wood, S., Hughes, K., McCoy, E., Eckley, L., Bates, G., Mikton, C., Shakespeare, T., & Officer, A. (2012). Prevalence and risk of violence against children with disabilities: A systematic review and meta-analysis of observational studies. Lancet, 380, 899–907.

National Education Association. (2020, September 14). Code of ethics for educators. NEA. https://www.nea.org/resource-library/code-ethics-educators

  1. Adapted from Wells, M. & Clayton, C. (2021). Foundations of American Education: A Critical Lens (Chapter 5: "Ethical & Legal Issues in Education"). Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License  ↵
  2. Adapted from Wells, M. & Clayton, C. (2021). Foundations of American Education: A Critical Lens (Chapter 5: "Ethical & Legal Issues in Education"). Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License ↵
  3. Jones, L., Bellis, M. A., Wood, S., Hughes, K., McCoy, E., Eckley, L., Bates, G., Mikton, C., Shakespeare, T., & Officer, A. (2012). Prevalence and risk of violence against children with disabilities: A systematic review and meta-analysis of observational studies. Lancet, 380, 899–907. ↵
  4. Adapted from Hooser, A. & McClain, J. (2022).  EESE 2010 Introduction to Education (Chapter 4: "School Governance and Finance"). Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License; Image adapted from Powell, S.D. (2018). Your introduction to education: Explorations in teaching (4th ed.). Pearson ↵
  5. National Education Association. (2020, September 14). Code of ethics for educators. NEA. https://www.nea.org/resource-library/code-ethics-educators ↵
  6. Association of American Educators. (n.d.). Code of ethics for educators. AAE. https://www.aaeteachers.org/index.php/about-us/aae-code-of-ethics ↵
definition

License

Icon for the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License

For All Educators Copyright © by Minnesota State is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.

Share This Book