Chapter 7: Ethical & Legal Issues in U.S. Education – Flashcards
Unlock all answers in this set
Unlock answersquestion
Under the provisions of educational laws, teachers are more likely to face professional challenge when _____. A) taking your students by school bus on a field trip B) enforcing the dress code on a student who is not in your class C) having a student incur an injury in your classroom D) all of the above
answer
D) all of the above
question
One of the following is true about a professional code of ethics for teachers, specifically _____. A) teachers must sign a national code of ethics before they begin teaching B) each school district develops its own code of ethics C) states mandate a teacher's code of ethics that is passed by their legislature D) at present, the teaching profession does not have a uniform code of ethics
answer
D) at present, the teaching profession does not have a uniform code of ethics
question
Teachers often find it necessary to take action in situations in which all of the facts are not known or for which no single course of action can be called right or wrong. These situations are often referred to as _____. A) ethical dilemmas B) moral destruction C) management and discipline D) risk management
answer
A) ethical dilemmas
question
Behaving ethically as a teacher is determined to be all of the following EXCEPT _____. A) acting in best interests of children B) promoting learning in children C) enforcing rules at all costs D) helping children reach full potentional
answer
C) enforcing rules at all costs
question
All of the following characteristics delineate a "good ethical decision EXCEPT ______. A) decision has been legitimately achieved B) decision comes directly from the administration C) decision can be implemented morally D) decision is supported by evidence
answer
B) decision comes directly from the administration
question
An important part of a teacher's response to an ethical dilemma is _____. A) identifying possible consequences of one's actions B) identifying guilty parties C) reporting to the principal immediately D) calling parents to ask for support
answer
A) identifying possible consequences of one's actions
question
Legal rights that concern teachers include all of the following EXCEPT ______. A) contracts B) philosophical beliefs C) academic freedom D) dismissal
answer
B) philosophical beliefs
question
Ms. Tamarack was fired from her teaching position because of her political position on such issues as abortion, right to die, and gays and lesbians in the military. This case illustrates _____. A) the strength of Public Law 94- 142 B) gender discrimination C) violation of due process D) the legal power of the administration
answer
C) violation of due process
question
For a teacher's certificate to be revoked, the reason must _____. A) be approved and voted on by the school board B) clearly hinder the teacher's ability to perform satisfactorily C) be witnessed and documented on three separate occasions D) clearly be a violation of hte original teaching contract
answer
B) clearly hinder the teacher's ability to perform satisfactorily
question
For initial certification, nearly all states require ____. A) successful completion of a performance test B) proof of good health, including teeth C) applicants to pass a test of basic skills, professional knowledge, and academic subject areas D) student teaching at all grade levels to be covered by credential
answer
C) applicants to pass a test of basic skills, professional knowledge, and academic subject areas
question
For a contract between a teacher and a school district to be valid, it must have all of the following elements EXCEPT _____. A) the school board has made an offer and the employee has accepted the contract terms B) the school board is not exceeding its authority and the teacher meets the criteria for employment C) the school board establishes clearly its criteria of employment, emphasizing those elements different from state requirements D) the contract terms are neither illegal nor against public policy
answer
C) the school board establishes clearly its criteria of employment, emphasizing those elements different from state requirements
question
Nichie, the fifth-grade teacher at Pine Elementary, goes to court to protest the fact that she was assigned by her principal to sponsor the high school chess club. Nichie's contract made no reference to this assignment. The court is most likely to decide that Nichie _______. A) cannot be required to sponsor the chess club B) should be fined for filing a suit against the administration C) must accept the assignment her principal has given to her D) must be compensated if she is required to sponsor the club
answer
A) cannot be required to sponsor the chess club
question
In regard to the assignment of additional duties or responsibilities, it is most accurate to say that ______. A) a teacher may be assigned certain responsibilities not outlined in the contract B) only assignments mentioned in the contract can be assigned C) administrators are free to interpret the contract based on educational demands D) all additional assignments must be compensated
answer
A) a teacher may be assigned certain responsibilities not outlined in the contract
question
Doreen, a high school English teacher, filed suit to protest the fact that she was assigned by her principal to sponsor the high school newspaper and her contract made no reference to that assignment. The court is most likely to decide that Doreen _____. A) cannot be required to sponsor the newspaper B) should be fined for filing a suit against the administration C) must accept the assignment her principal has given her D) must be compensated if she is required to sponsor the newspaper
answer
C) must accept the assignment her principal has given her
question
A policy that provides teachers with job security is known as _____. A) legality B) mutual assent C) competency D) tenure
answer
D) tenure
question
According to the tenure laws, a teacher may be dismissed for ______. A) living unmarried with a member of the opposite sex B) being gay or lesbian C) using obscene, racist language in the presence of students D) threatening to organize a strike by faculty members
answer
C) using obscene, racist language in the presence of students
question
To dismiss a teacher, a district must follow a step-by-step process known as _____. A) mutual assent B) specificity C) consideration D) due process
answer
D) due process
question
All of the following are procedures that most states adhere to in dismissing a teacher EXCEPT _______. A) the teacher must be notified of the list of charges B) adequate time must be provided for the teacher to prepare a rebuttal to the charges C) students must be used as witnesses to demonstrate the effect of the behavior on teaching ability D) a transcript or record must be maintained of the hearing
answer
C) students must be used as witnesses to demonstrate the effect of the behavior on teaching ability
question
Mr. Green is a tenure faculty member and is well respected by students. After a recent divorce, he moved in with Ms. Flowers, the secretary to the superintendent. At the end of the year, Mr. Green was notified that hew as being dismissed because of immoral conduct; that is, living with a woman he was not married to. In order for this action to be supported by the court, it would have to be demonstrated that ________. A) Mr. Green indulged in "immoral conduct" B) Mr. Green's lifestyle is against community values C) Mr. Green's lifestyle had a negative effect on his teaching D) Mr. Green is not legally married to Ms. Flowers
answer
C) Mr. Green's lifestyle had a negative effect on his teaching
question
One of Mr. Brouse's seventh-grade students broke his arm while on a field trip to the zoo. The boy's parents claimed that Mr Brouse was negligent and took the matter to court. In regard to a case such as this, the court would _____. A) take the position that an effective teacher should be able to foresee any student injury B) try to determine whether Mr. Brouse exercised reasonable care C) automatically hold Mr. Brouse responsible as the supervising person D) never hold a teacher responsible for actions of students
answer
B) try to determine whether Mr. Brouse exercised reasonable care
question
The process through which school boards negotiate contracts with teacher organization is known as _____. A) collective bargaining B) academic freedom C) grievance process D) affirmative action
answer
A) collective bargaining
question
Some authorities suggest that academic freedom is a less powerful legal defense than it was in the past. When basing a defense on academic freedom, one of the following must be true if the defendant expects to prevail, namely _______. A) it must be demonstrated conclusively that the teacher did not defy legitimate state and local curriculum directives B) it must be shown that the teacher has established a long history of violating curriculum guidelines, not merely in the present case C) the teacher must focus the curriculum on matters of little consequence to the community D) the teacher must demonstrate that existing policy violates his or her personal belief system
answer
A) it must be demonstrated conclusively that the teacher did not defy legitimate state and local curriculum directives
question
Teachers are afforded the greatest protection under the concept of academic freedom if _______. A) the controversial content is related to legitimate educational objectives B) they are knowledgeable about the controversial content C) the controversial content does not violate community standards D) students want to learn the controversial content
answer
A) the controversial content is related to legitimate educational objectives
question
Which of the following statements best describes application of the principle of "academic freedom"? A) It is a solemn privilege that is never violated, giving teachers essentially unbridled freedom in classrooms. B) This principle is no longer applicable to public school teaching C) The U.S. District Court (Murray v. Pittsburgh Board of Education, 1996) ruled that a teacher could not claim academic freedom in using a teaching methodology rejected by the school board. D) The supreme Court (Morrison v. State Board of Education, 1969) ruled that teachers have little or no academic freedom in matters related to reading assignments for junior- and senior- level students, even when those readings are consistent with the approved curriculum.
answer
C) The U.S. District Court (Murray v. Pittsburgh Board of Public Education, 1996) ruled that a teacher could not claim academic freedom in using a teaching methodology rejected by the school board.
question
In regard to the rights of student teachers, it is most accurate to say that they _______. A) have the same rights as fully certified teachers B) have the status of a visitor to the school C) have no legal status, therefore no formal rights D) may have legal rights depending on the state
answer
D) May have legal rights depending on the state
question
Depending on the statues in a particular state, a student teacher may act as a substitute teacher under all of the following conditions except _______. A) when a substitute teacher is not immediately available B) when the student teacher is paid at professional rates C) when the principal is readily available in the building D) when the student teacher has been in that assignment for a minimum number of school days
answer
B) when the student teacher is paid at professional rates
question
All of the following represent good advice for student teachers except _______. A) read the teacher's handbook B) the best time to learn emergency procedures is when an emergency occurs C) know what controls the district has placed on the curriculum D) document problems with students
answer
B) the best time to learn emergency procedures is when an emergency occurs.
question
Which of the following is not a legal responsibility of a teacher? A) meeting the terms of his or her teaching contract B) safety and well-being of students C) student behavior to and from school D) academic counseling of students
answer
C) student behavior to and from school
question
A civil wrong that "arises out of a breach of duty that is imposed by law" is known as ______. A) legality B) competence C) mutual consent D) a tort
answer
D) a tort
question
The branch of law concerned with compensating an individual who suffers losses resulting from another's negligence is known as ______. A) civil law B) negligence C) tort liability law D) liability
answer
C) tort liability law
question
In tort law, harm inflicted on the injured party may be the result of all of the following except _____. A) intentional wrongdoing B) recklessness C) simple carelessness D) prudent behavior by a reasonable person
answer
D) prudent behavior by a reasonable person
question
According to tort liability law, an individual who is negligent and at fault in the exercise of his or her legal duty may ______. A) be charged by state statutes B) be charged by federal statutes C) go to prison D) be required to pay monetary damages
answer
D) be required to pay monetary damages
question
Which of the following is not true? A) A teacher can be held liable for injuries as a result of his or her negligence. B) A teacher's liability extend to any and all injuries that students might suffer. C) Improper disclosure of defamatory information about a student involves tort liability. D) Teachers are held to a higher standard than ordinary citizens.
answer
B) A teacher's liability extend to any and all injuries that students might suffer.
question
The parents of Britany are seeking $500,000 from the local school district because Britany graduated from high school with a fourth-grade reading level. This type of lawsuit is called ______. A) an educational malpractice suit B) breach of duty C) negligence suit D) breach of tort liability
answer
A) an educational malpractice suit
question
When a court considers a case involving tort liability, all of the following must be present except ______. A) a failure to exercise an appropriate standard of care B) appropriate written documentation of the events that resulted in litigation C) an actual loss or damage as a result of the injury D) a casual connection between the conduct and resultant injury
answer
B) appropriate written documentation of the events that resulted in litigation
question
Most of the court cases involving tort liability of teachers focus on all of the following except ______. A) inadequate supervision B) inadequate instruction C) inadequate preservice preparation D) lack of or improper medical treatment of students
answer
C) inadequate preservice preparation
question
Behavioral indicators of child abuse, teachers are _____. A) required by law to report any suspected child abuse B) required by law to report any child abuse where direct evidence is available C) required to confront parents of any suspected child abuse D) not required to report but are encouraged to do so
answer
A) required by law to report any suspected child abuse
question
Behavioral indicators of child abuse and neglect among students include all of the following except _____. A) refusal to cooperate B) aggressiveness C) withdrawal D) fear of going home after school
answer
A) refusal to cooperate
question
All of the following are physical indicators of physical abuse except _____. A) unexplained bruises or welts B) human bite marks C) lags in physical development D) rope burns to the arms, legs, or neck
answer
C) lags in physical development
question
_________ is not an indicator of sexual abuse. A) Difficulty in walking or sitting B) Frequent upper respiratory infections C) Frequent urinary or yeast infections D) Frequent unexplained sore throats.
answer
B) Frequent upper respiratory infections
question
________ may be a physical indicator of emotional maltreatment. A) Venereal disease B) Unexplained fractures and/or bruises C) Unattended medical needs D) Failure to thrive, or lags in physical development
answer
D) Failure to thrive, or lags in physical development
question
Teachers may use multiple copies of copyrighted material if that use meets the test of _______. A) brevity, due process, and nondiscrimination B) academic freedom, fair use, and nondiscrimination C) ethical use, due process, and academic freedom D) brevity, spontaneity, and cumulative effect
answer
D) brevity, spontaneity, and cumulative effect
question
In 1976, Congress revised the Copyright Act by adding the doctrine of _______. A)liability B) equal opportunity C) negligence D) fair use
answer
D) fair use
question
When material is published without restrictions on the Internet, teachers may assume that the author _____. A) waives all copyright privileges and does not require credit B) does not expect to be paid for using the work C) releases the teacher from using formal citations of the work D) expects the material to be handles like copyright material
answer
B) does not expect to be paid for using the work
question
A "site license" is a commercial software agreement that permits installation on ______. A) any and all computers owned by the institution specified in the license B) one and only one computer C) the computers of those who frequently visit the licensed site D) any computers designated by the owner of the license
answer
A) any and all computers owned by the institution specified in the license
question
When teachers view a home page on the Internet they are viewing a published copy of an original document and should remember that ______. A) they are free to copy and use material in their classrooms at will B) the fair use doctrine applies C) Internet material cannot be copyrighted D) there are no legal copyright restrictions on material copied from electronic sources
answer
B) the fair use doctrine applies
question
Addressing computer software, the Copyright Act was amended in 1980 to state that teachers ______. A) may make one backup copy of a software program B) may make multiple copies of software, which can only be used in their specific classroom C) may not reproduce any software programs D) are free to make multiple copies once the software is purchased
answer
A) may make one backup copy of a software program
question
When establishing home pages on the Internet, teachers should be careful not to include information that would identify ______. A) the school district B) the particular school C) children in the class D) the teachers' names
answer
C) children in the class
question
Schools may enforce dress codes for students if the ____. A) codes are approved by the school board B) codes are approved by the student council C) students are notified D) codes are consistent for males and females
answer
C) students are notified
question
Among the rights guaranteed by the First Amendment is freedom _______. A) from age discrimination B) of speech C) from gender discrimination D) from racial discrimination
answer
B) of speech
question
Prior to 1988, school officials could censor student literature before publication only if it was ______. A) judged to be vulgar or obscene B) libelous C) necessary to maintain order in the school D) sponsored by the school district
answer
C) necessary to maintain order in the school
question
Courts have suggested that schools may have dress codes if they are _____. A) clear B) reasonable C) communicated to students in advance D) all of the above
answer
D) all of the above
question
To protect themselves from legal challenge brought on by searches, teachers and other school authorities should do all of the following except ______. A) inform students and parents about search procedures at the start of the school year B) base all searches on "reasonable suspicion" C) waive the requirement of a search warrant when police are in the school D) avoid strip searches
answer
C) waive the requirement of a search warrant when police are in the school
question
Short- term school suspension is usually defined as _____. A) three days or less B) 10 days or less C) 15 days or less D) 20 days or less
answer
B) 10 days or less
question
All of the following criteria are generally adhered to in expulsion cases except ____. A) right to counsel must be provided B) witness are compelled to testify C) burden of proof on the part of the accused D) the right to a hearing by a jury
answer
D) the right to a hearing by a jury
question
A superintendent unknowingly violates the constitutionally guaranteed right to due process of a student whom she expels for violation the rule against using alcoholic beverages at a school function. The superintendent ____. A) could be held liable for expelling the student B) could be held liable if the student is found not guilty of the violation C) is not liable because she was unaware of the due process rights D) is not liable if the student is found guilty of the violation
answer
A) could be held liable for expelling the student
question
Ms. Lochwood, a high school principal, suspects that a student has a gun in his locker. According to law, Ms. Lochwood _____. A) cannot search the student's locker without a search warrant B) can search the student's locker without a search warrant C) can search the student's locker only with the student's permission D) can search the student's locker with permission from the student's paretns
answer
B) can search the student's locker without a search warrant
question
Under the provisions of the Family Education Rights and Privacy Act, the penalty for giving out personally identifiable information without prior written consent is _______. A) loss of accreditation B) dismissal of the administrator who was involved C) loss of federal funds D) loss of state funds
answer
C) loss of federal funds
question
According to the Buckley Amendment, parents do not have a right to examine _____. A) gradebooks that belong to their children's teacher B) educational records of their child C) records of disclosures the school have made of their children's educational records D) standardized test scores
answer
A) gradebooks that belong to their children's teacher
question
Schools are legally bound to avoid discrimination against students on the basis of all of the following except _____. A) infection with a noncommunicable disease B) religion C) sexual preference D) disability
answer
C) sexual preference
question
In rulings on HIV/AIDS- related cases, the courts have stated that _____. A) teachers must be notified when a student is HIV infected or has AIDS B) students with AIDS pose no significant risk of spreading the disease C) students with AIDS should be given homebound services D) students with AIDS should attend school but in a separate classroom in special education
answer
B) students with AIDS pose no significant risk of spreading the disease
question
There is considerable evidence to suggest that corporal punishment is _____. A) an effective means for controlling student behavior B) ineffective in changing behavior of students C) effective for students with behavior disorders D) effective for some students, but not for others
answer
B) ineffective in changing behavior of students
question
The Supreme Court in Davis v. Monroe Country Board of Education ruled that school districts can be sued under Title IX in cases involving student-on-student sexual harassment if the district ________. A) has evidence of criminal behavior B) acts with deliberate indifference C) prohibits sexual harassment among students D) has permission of the child's parent(s)
answer
B) acts with deliberate indifference
question
According to a survey by the American Association of University Women, the percentage of teenagers in school affected by sexual harassment is _______. A) 80% B) 65% C) 40% D) 25%
answer
A) 80%
question
A 1996 verdict by a U.S. district court awarding almost $1 million to a gay student was the first time a federal jury found ____. A) evidence of homosexual harassment B) school officials responsible for anti-gay harassment committed by students C) students responsible for anti-gay harassment committed by school officials D) evidence of aggravated assault on a gay student
answer
B) school officials responsible for anti-gay harassment committed by students
question
The separation of church and state is addressed in the _____. A) First Amendment B) Second Amendment
answer
A) First Amendment
