https://padlet.com/rmoreno131/3qjzsziqwkwy Legal and Ethical Principles en-us 2019-03-21 02:36:50 UTC 2026-01-26 13:40:22 UTC hello@padlet.com rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/343610017 2019-03-21 02:37:44 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/343610017 rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/343610077 Greetings Fellow Classmates and Instructors,
My name is Ram Moreno and I have been an educator for 11 years. I have served students and communities as a teacher/coach in Cedar Hill ISD, Fort Worth ISD, San Angelo ISD, and currently in Lewisville ISD. I have also had the privilege of working in elementary, middle, and high school settings. I am looking forward to this course and your feedback to continue building my knowledge for the next level of responsibility in education.  The long term plan is to transition into administration and contribute innovative solutions, upholding the highest legal and ethical principles.  l aim to serve in an administrative capacity in the near future where I will ensure a quality educational experience for all stakeholders.]]> 2019-03-21 02:38:04 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/343610077 rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/343612296 2019-03-21 02:51:47 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/343612296 rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344463225   Search and Seizure

Safety our schools is paramount in providing a sound educational experience for all students.  Educators responsibility works differently than law enforcement.  Law enforcement operates under probable cause where as administrators must operate under reasonable suspicion.  Recently public schools have seen an influx of banned substances such as drug paraphernalia and weapons. Students cannot be deprived of their constitutional rights according the the 4th amendment of the United States Constitution. These conclusions are made clear in cases such as New Jersey vs. TLO (1985).  

]]> 2019-03-23 15:12:49 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344463225 rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344463801                                               Mitigating the line of "In Local Parentis"

Todays educators are held to a very high standard regarding behavior and responsibility for students.  But where is the line between the role and responsibilities of a parent versus an educator?  The term In Local Parentis translates to "in place of a parent" (Hall & Manins, 2001). Administrators are afforded the power to make corporal punishment decisions based on campus, district, state guidelines.]]> 2019-03-23 15:17:15 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344463801 rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344469802 In a recent discussion with the Flower Mound HS Resource Officer (SRO) and administrators, I was able to solicit additional qualitative feedback regarding the use of search protocol for probable cause versus reasonable suspicion.
Officers shared the following:
"As an SRO, I am an employee of the school district. Therefore, when a situation arises in which a student is to be searched, I must comply with protocol as it pertains to reasonable suspicion. However, if I am on duty or off campus and called to a similar situation on campus then the protocol changes allowing me to utilize probable cause to administer searches."
Administrators shared the following:
"Students know how to conceal illegal substances or weapons in the case of a random search and seizure.  By knowing their rights, this usually turns up no evidence of wrongdoing."
Key Points of Discussion:
1. Cell phones tend to hold much of the evidence necessary to move forward on tips. However, cell phones hold private information. According to Walsh, Manitotis, & Kemerer (2018) "phones should be treated differently from other types of personal property, such as wallets or purses, in the case of warrantless police searches."]]> 2019-03-23 16:14:43 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344469802 rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344471096  Does this fiduciary responsibility have a clear set of values to be administered in judgement calls regarding corporal punishment? Most districts have protocol regarding severe cases, but numerous student cases of discipline require administrators to weigh a formidable disciplinary procedure. 

Administrators may make decisions regarding alleged student insubordinate behavior and or safety. However, " The United States Supreme Court has made clear that the duty of schools and teachers to protect students is not a constitutional magnitude" (Rumel, 2013). This citation makes for an ethical dilemma.

Key Points of Discussion
1. If the values and ethics of all parents are different, could a decision by an administrators own personal parenting style be considered unethical?

]]> 2019-03-23 16:29:28 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344471096 rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344471282
Ehlenberger, K.R. (2001).  The Right To Search Students. Educational Leadership, 59 (4), 31-35. Retrieved from  http://www.ascd.org/publications/educational-leadership/dec01/vol59/num04/The-Right-to-Search-Students.aspx

Lincoln, E.A. (1988). Searches and Seizures in Public Schools: Going Beyond the Supreme Court's Ruling in New Jersey v. TLO. The Journal of Negro Education, 57 (1), 3-10.

National Survey of Drug Use and Health. (2012). Retrieved from https://www.drugrehab.com/teens/how-teens-get-drugs/

Walsh, J., Maniotis, L., & Kemerer, F. (2018). The Educators Guide to Texas School Law 9th Ed. Austin Texas: University of Texas Press. 362-369]]> 2019-03-23 16:31:17 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344471282 rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344471564 Burchell, A. (2018). In Loco Parentis, Corporal Punishment and the Moral Economy of Discipline in English Schools.  Retrieved from https://www.tandfonline.com/doi/full/10.1080/14780038.2018.1518562

Hall A. & Manins M. (2001). In Loco Parentis and the Professional Responsibilities of Teachers. Waikato Journal of Education, 7.

Rumel, J.E. (2013). Back To The Future: The In Loco Parentis Doctorine and Its Impact on Whether K-12 Schools and Teachers Owe a Fiduciary Duty to Students. Indiana Law Review, 46 (711), 711-751.]]> 2019-03-23 16:34:29 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344471564 rmoreno131 https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344484387 After reading into several laws, I felt it would be prudent to focus on two issues I find both interesting and paradoxical. The first of these issues is search and seizure. This encompasses the role of the administrator to act accordingly on issues that compromise the safety and well being of all students. In matters of school safety, it would be proactive to act on tips and other factors to determine if students are in possession of illegal substances or weapons. Once these parties have been identified, the search and seizure must be carried out to verify the existence of wrong doing or lack thereof.  According to the National Survey of Drug Use and Health (2012) "90% of American high school students say that some classmates use and distribute drugs during the school day". How can we as administrators ensure that the responsible parties are identified and the practices are eradicated within public schools?

As educators, we are given leeways such as "In Loco Parentis" in which the trajectory of discipline can be decided on the basis of the judgement of parent responsibility.  With regular education students that do not cross the line of immediate action prescribed by district and state disciplinary protocol, how do we exercise competent measures for discipline that are ethically accepted? As an administrator in an affluent area, school discipline is met with extremely high levels of criticism which could involve both parents and legal representatives. It would be prudent to justify these two responsibilities with deep research and latitude.]]> 2019-03-23 18:56:22 UTC https://padlet.com/rmoreno131/3qjzsziqwkwy/wish/344484387