 
Educative Essays

Educative Essays

Volume 1

Benjamin L. Stewart, PhD

Educative Essays

Volume 1

By

Benjamin L. Stewart, PhD

Smashwords Edition

Copyright © 2013 Benjamin L. Stewart, PhD

This work is licensed under a

Creative Commons Attribution 3.0 Unported License.

http://creativecommons.org/licenses/by/3.0/

ISBN: 9781301434886
Table of Contents

Dedication

Preface

Educational Philosophy

Philosophical Analysis: Intentionality and Purpose

Diversity in the United States

Educator Competency

Creating a Safe Space in Schools...

Culminating Research Paper

Legal Aspects of Teacher Contracts

Personal Liability, Slander and Libel, Child Abuse, & Copyright Law

Freedom of Expression

Due Process in the Fifth and Fourteenth Amendments

Rights of Students with Disabilities

Parent choice, Vouchers, and Public Education

Curriculum Trends

Visionary Leadership Trends

Three-Minute Walkthrough

Curriculum Management Plan

About the Author
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Dedication

This book is dedicated to Beny and Oliver, who have taught me how to truly appreciate my own educative experiences as a father.
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Preface

Why a series of educative essays?

I began studying a doctoral dissertation from Northcentral University (NCU) in September of 2007. NCU is an online university, accredited by the Higher Learning Commission and is a member of the North Central Association. The first two years of the doctoral program consists of graduate courses whereby learners upload essays to the NCU platform for credit. Having completed all of the course work for the program, I realized that I had accumulated quite a few essays over the years, covering a variety of topics within the field of education. So, why a series of educative essays? Here are a few reasons:

  * I realized that I had no personal copies of any of the essays that I had written for NCU - they all resided on the NCU platform for a definite period of time.

  * The essays were all spread out over various courses and quite difficult to find. Having them all in a book format would allow for easier access.

  * I've been blogging for several years and have never gotten into the habit of reading prior posts, even when someone would post a reply. It was just something I hardly ever did, for better or for worse. The same applied to the essays written for my doctoral program. I thought having them as a single collection would force me to look at how I viewed various educational topics in the past as well as my own writing style. It has now been long enough that I feel that I can step back and appreciate them for what they are. Not literary classics, nor excessively profound statements on education written in clear, academic style and tone, but a realization and some satisfaction in reflecting on how my perspective in some cases had changed over the years while in other cases a perspective that continues today.

  * Never having published a book before, I thought pulling these essays together would justify going through the self-publishing process from start to finish. I will leave it up to the reader to judge whether doing so was actually worth it or not.

  * I wanted to offer a book on educational topics under a Creative Commons License so that others could reuse, revise, remix, and redistribute it to give back to the profession of education in some way.

Why order essays by date?

The essays are ordered by date so to respect the order in which I wrote them, spanning a period of about two years. It also provides a way to reflect on how my writing style and ideas developed during this period. Some topics jump around between chapters while others are more aligned. Thus, you may want to skip around to different chapters of the book to read those essays that interest you the most, or you may decide to read them in order, from start to finish.
Yielding to Dewey (1938), the term educative in the title of this book is meant to promote, "the growth of future experience" (p. 13). My sincere hope is that to some small degree that this will be the case for the reader - I know the process of putting these essays together has certainly been educative for me.

Benjamin L. Stewart

July 4, 2013
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Educational Philosophy

September 15, 2007

This paper proposes an educational philosophy based, in part, on a variety of non-metaphysical philosophies namely pragmatism, philosophical analysis, and existentialism. The context with which this philosophy is based builds on the experiences of an American teaching pre-service English language teachers (at the collegiate level) in the country of Mexico. The university holds a humanistic view of education that stresses the importance of teaching the "whole person". Subdivisions of the educational philosophy presented are detailed to include further explanations on the metaphysical, epistemological, axiological, and logical perspectives, which together break down communication to its real meaning and intent. To conclude, an educational philosophy is presented which should be considered a continual work in progress or a starting point. The objective of creating an educational philosophy is to position an educator within a given "mindset" that provides a reason for choosing certain instructional approaches, then as new knowledge and understandings are gained through additional life experiences, this "mindset" is either maintained or will be in need of some kind of change or alteration.

Most would agree that teaching is considered both to be an art and a science. When one looks at a painting, listens to music, or writes a poem, what makes these forms of expression "beautiful"? The same question can be made to those evaluating techniques or "best practices" involving teaching. If an educator can back up his or her own teaching method with significant research, is that enough? Or should it be solely on how an educator perceives the situation, going on his or her own "gut feeling". Teaching is a very personal act that very much reflects one's own belief system, or philosophy. An idea, belief, or perspective that is not confined to a particular place or time, and one that is generally considered an overarching force that influences perceptions of what is real, beautiful, and logical. Gutek (2004) mentions that a philosophy contains "four major subdivisions":

1. Metaphysics (what is ultimately real)

2. Epistemology (how one acquires knowledge)

3. Axiology (what is right and wrong and beautiful)

4. Logic (deductive and inductive) (p. 3-4).

In the context of language learning, specifically an American English language educator working in the country of Mexico, this discussion addresses the four subdivisions of an educational philosophy that stresses the importance of meaning within a variety of social settings. As life experiences and understandings develop, so too does an educational philosophy, one that either becomes more definite or becomes subject to change.

Metaphysics

In the language-learning classroom, the stress of what is real is based on the intention of the speaker, or illocutionary force, and the actual effect the speech act has on the hearer, or perlocutionary act (Bardovi-Harlig, 2002). Ideologies can influence how communication is to be interpreted as well. Turn-taking, implicatures, and use of idiomatic expressions can imply discrete forms of meaning that are dependent on both time and space. From a pragmatic perspective, linguistic meaning is interpreted under two kinds of contexts: 1) linguistic and 2) situational (Fromkin, Rodman, & Hyams, 2003, p.208). The hearer interprets meaning under linguistic context at the word, phrase, sentence, or paragraph level, and can then interpret the same linguistic discourse based on his or her own knowledge of the world, or situational context. For example, an argument among congressional senators during a crowded session of other senators could be interpreted as what it obviously appears, a disagreement among two lawmakers (linguistic context). But there is also a second meaning that expresses a persuasive intent based on the situational context (choosing to argue among other fellow lawmakers when there perhaps is a persuasive reason to do so).

Pragmatics and a philosophical analysis reject metaphysics in that meaning is based on social interpretations and the breakdown of linguistic discourse to a particular intention. Existence precedes essence. An a priori truth does not exist, rather truth is determined through a social experience given the individual's exposure to the world around him or her.

Epistemology

English language learners acquire knowledge through the identification of meaning based on their own perspective of the world. Each human brings a unique set of experiences and conditions to the overall learning environment that dictate what obstacles to be faced and opportunities that exist. Whether explicit or not, the learner furthers his or her understanding through the application of six facets: explain, interpret, apply, perspective, empathize, and self-knowledge (Wiggins and McTighe, 2003, p. 84). Gaining understanding means that the learner can describe and interpret a situation or event. The learner can also transfer these understandings to new contextualized situations, recognizing that different perspectives do exists. The learner must also be able to share different feelings or the feelings of others under the same situation. Being able to put one's self in someone else's shoes can cause a level of understanding that is more empathetic of others. Finally, meta-cognitive development gives learners a means of reflecting on his or her own preferred learning styles, plus may expose strengths, weaknesses, opportunities, and threats (SWOT) to assist the learner throughout the learning process. These same six facets of understanding also lend themselves well to the analytical, synthetic, and emotive kinds of statements that make up the epistemological subdivision of the language analysis philosophy (Gutek, 2004, p. 111-113).

Axiology and Logic

Determining what is "beautiful" should come from the learner based on his or her own personal experience and tastes (Beauty is in the eye of the beholder.) Although an educator can present exemplars of what has been considered beautiful by others in the past, it is ultimately up to the learner to determine and explain what is beautiful. Value judgments are considered emotive statements that contrast those analytical and synthetic statements that are based on facts. The educator's opinion of what is beautiful should be of no more importance than those opinions of the learners. More emphasis on logic and the ability for learners to draw general conclusions based on specific information is an additional point to valid educational philosophy. Inductive logic, moving from the specific to the general, can be determined by empirical data, as in the case of synthetic statements or as in analytical statements that are true and reversible – the predicate is contained in the subject (Gutek, 2004, p. 111-113). The objective is that learners can generalize, summarize, and infer subject matter to gain deeper understandings.

Educational Philosophy Statement

My philosophy in teaching English as a foreign language (EFL) is to provide every student with a variety of learning opportunities so that each student is motivated enough to practice English to accomplish his or her own individual goals. Language acquisition that focuses on the integration of reading, writing, listening, and speaking skills through a conceptualized learning environment relies on both in-class and out-of-class activities with the dual purpose of achieving curriculum goals and improving lifelong language skills.

My role as a language educator is more as a facilitator, counselor, and mentor. Students construct their own meaning through their participation in authentic activities that are based on the interests of the class and/or curriculum objectives. They work in pairs and small groups so cooperative and collaborative learning can take place as well. Finally, they are given a variety of language strategies to assist them in their learning.

Technology is implemented in the classroom to assist language learners in the language acquisition process. ISTE National Educational Technology Standards for Students include six categories that are introduced, reinforced, and mastered by students: basic operations and concepts; social, ethical, and human issues; technology productivity tools; technology communications tools; technology research tools; and technology problem-solving and decision-making tools.

By establishing a student-focused learning environment that is based on the interests and needs of the students, the intent is to create a more engaging learning experience for everyone. Implementing technology is used as a tool that assists in creating contexts, problem-solving, and project-based learning environments that will better prepare the language learner to continue his or her educational and professional endeavors beyond the classroom.

References

Bardovi-Harlig, K. (2003). Pragmatics and Second Language Acquisition. In R. Kaplan (eds.) The Oxford Handbook of Applied Linguistics. Oxford: Oxford University Press.

Fromkin, V, Rodman, R, & Hyams, N. (2003). An Introduction to Language. Boston, Massachusetts: Thomson/Heinle.

Gutek, G. (2004). Philosophical and Ideological Voices in Education. New York, NY: Pearson.
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Philosophical Analysis: Intentionality and Purpose

October 14, 2007

This paper looks at the meaning of language through a philosophical analysis philosophy as it pertains to education. Catch phrases and sound bites lead to ambiguous communication with little intent or purpose. A philosophical analysis classifies statements as analytical, synthetic, or emotive. Breaking down language to these three classifications can help the listener achieve a truer meaning of what is being communicated. Emotive language that appears to be analytical or synthetic tends to be more subjective and harder to verify. Not begin able to verify information can have negative implications in the educational environment. Clarification of meaning allows for a better understanding as to the intent and purpose of the communicator. Clear and concise communication gives faculty, administrators, parents, students, and the community a means for objective decision-making based on verifiable facts.

Educational reform has been a hot top over the last ten years, with one word in particular at the helm: standards. As politicians deliver sound bites to audiences during election years, phrases like no child left behind and educating the whole child can often be heard. But what does it mean to leave no child behind? This ambiguous language is catchy and easy to remember, but what does it really mean? Philosophical analysis, or linguistic analysis, breaks down linguistic structures to establish the meaning of such language (Gutek, 2004). Without this type of analysis, the interlocutor is unable to truly know the intention or purpose of what is being said.

Epistemology

From a philosophical analysis perspective, statements are classified into three categories: analytical, synthetic, and emotive. Each of these three types of statements deal with logical, factual, and subjective thought respectively. By breaking down language to these three types of statements helps one to determine the true intent or purpose of the speaker.

Mathematics is a logical system. If we add two plus two, we get four (2+2=4). Likewise, we know four is equal to two plus two (4=2+2). Moreover, the statement Minors are individuals under the age of 18 can also be expressed as Individuals under the age of 18 are minors. Kant defines an analytical statement as one where the predicate concept is contained in the subject concept (Wikipedia...2007). Analytical statements are givens and are not based on empirical data; they are true and objective facts that are not based on experience. Gutek points out that analytical statements alone are straightforward, but there are times when statements that appear to be analytical are really synthetic.

The statement Our vision is to achieve excellence in education appears to be an analytical statement, but is it? What is truly meant by excellence in education? How does one measure excellence or define education? In a synthetic statement, the predicate concept in not included in the subject concept (Wikipedia...2007), and the statement must be verifiable through empirical tests (Gutek, 2004). For example, the statement The distance from Earth to the Moon is 250,000 miles is a synthetic statement because the predicate is not part of the subject and the information is verifiable.

Similar to the catch phrase, excellence in education, there are also others such as authentic assessments, no child left behind, educating the whole child, and education that makes a difference. These phrases are part of a third type of statement: emotive. Emotive statements cannot be verified and are subjective in nature. Consider the following statement: Authentic assessments are just the first step in providing an education that makes a difference through educating the whole child as part of the NCLB law. This is a highly emotive statement that is impossible to measure, define, or verify. Take the term authentic assessment. What is meant by authentic? Is it something relating to the real-world? What is meant by the real-world? Different interpretations of the real-world could exist depending on the person. Education that makes a difference is ambiguous as well. What kind of difference is inferred? And a difference to whom could be the big question as well. Another popular term in education is teaching the whole child. If one asks 20 teachers what is meant by the whole child, one is likely to get 20 different answers. Consider all the possible variations. Meta-cognitive, cognitive, affective, social, and linguistic matters all play a role in educating the whole child. Then, to what degree of each of these does an instructor focus on? Finally, how does one measure the success or failure of these matters? There are an infinite number of scenarios that could play out. The goal is education is to develop an educational system that communicates clearly the true goals with clear and concise language.

Conclusion

The purpose of applying a philosophical analysis philosophy is really an analysis for clarification (History of Philosophy...2007). Clarifying goals, objectives, standards, and expectations are paramount in the communication between faculty, administration, parents, students, and the community at large. Succinct language should be included from the top down (i.e., curriculum, syllabus, forms of assessment [formative and summative], and methods of instruction). Through proper identification of analytical, synthetic, and emotive statements, all those that have a role in the education system can better interpret the true purpose and intent of what is expected within the educational environment. It is through this search for meaning that better decisions can be made as to how to best improve the educational design. This continual drive to improve education will be based on evidential facts and less on subjective emotive statements that are left open to various interpretations and opinions which, in the end, can deter future educational progress.

References

Gutek, G. (2004). Philosophical and Ideological Voices in Education. New York, NY: Pearson.

History of Philosophy: Varieties of Philosophical Analysis. (2007). Retrieved on October 1, 2007 from  http://www.rbjones.com/rbjpub/philos/history/his005.htm

Wikipedia: Analytic-synthetic distinction. (2007). Retrieved on October 1, 2007 from  http://en.wikipedia.org/wiki/Analytic/synthetic_distinction
Diversity in the United States

October 14, 2007

This paper discusses diversity in education by looking at the relationship between multiculturalism and the American identity and their implications for the teaching profession. The Ethnonationalism and American Exceptionalism dilemma creates a need for schools to incorporate a multiculturalism ideology in order to better resolve this dilemma. In order for educators to successfully address multiculturalism in the classroom, a new paradigm shift is necessary that focuses more on the learner. Thus, the educator plays more of a role as facilitator, coach, and mentor as the learner finds her their own voice within a multitude of others. It is determined that if learners gain an appreciation and understanding of other cultures, that this will empower them to obtain the necessary skills to resolve conflict with those different from themselves – a necessary skill when dealing with a dilemma involving multiculturalism and the American identity.

Diversity within the United States requires a look at the relationship between multiculturalism and the American identity. When immigrants first enter the United States to live they immediately are faced with the reality that their native culture is not only different from the American identity, but can also differ from other international cultures that exist in the United States as well. To complicate matters further, defining the term American identity often depends on the background of the person being asked. A first generation African-American, second generation Mexican, a Native American, and a sixth generation German-American are all likely to have distinct opinions regarding what the true meaning of the term is. Moreover, a person living in the southern part of the United States might have a different opinion than someone living in the Northeast. Instead of thinking of an American identity as some kind of target that is imposed on individuals with different cultural backgrounds, the focus should be more on gaining understandings of different cultures and how these various cultures can work together within a single society. An educational system that prepares learners to distinguish the relationship between multiculturalism and the American identity will better prepare them to gain the skills necessary to work together in a more productive society.

Ideologies

Within any given society, a variety of ideologies may exist. In the United States, some ideologies include nationalism, ethnonationalism, conservatism, liberalism, Marxism, liberation pedagogy, and American exceptionalism (Gutek, 2004). An ideology is defined as "The body of ideas reflecting the social needs and aspirations of an individual, group, class, or culture" (The American Heritage..., 2000). Not only do these "needs and aspirations" depend on the "individual, group, class, or culture", but they also may change over time and can be dependent on a given geographical location. In other words, an ideology is not a fixed belief rather may change depending on a time or place. How can ideologies coexist if they are constantly evolving and depending on so many variables (i.e., individual, group, class, or culture)? The best place to begin is within the educational system.

Since the American identity can have various interpretations, a more important point to consider is how schools treat issues of multi-ethnicity as a whole. Schools should communicate the importance of multiculturalism, an ideology in itself (Wikipedia: Multiculturalism, 2007), to educate learners on how to respect those who share a different belief system than their own. Regardless of the ethnic mix of the student body, learners must learn how to work together with others to prepare them for life beyond the classroom. Technology now provides a means of communicating with virtually any type of student in the world, thus creating more opportunities that might have been possible in a more homogeneous school system in the past. In a more heterogeneous school system, learners share experiences with other ethnic groups on a day-to-day basis which educators should take advantage of both within core classes as well as in extracurricular activities (i.e., sports, music, drama, etc.). Regardless of the scenario, gaining a school-wide appreciation and understanding of multiculturalism assumes both instructor and learner take on new roles that differ from the traditional teacher-lead classroom.

Implications

The ethno-nationalism and American exceptionalism ideology dichotomy creates a dilemma for schools, and society as a whole. Educators are taught to respect ethnic diversity within the classroom, while still teach the American way of life in order for learners to acculturate to the dominant group. Learners, who at times can be pressured by their parents to preserve their native culture, can experience a cultural identity crisis as they become more accustomed to the dominant culture and as the native culture fades. Learners who decide to reject the dominant culture and maintain their cultural beliefs are marginalized (i.e., social tension, rejection, oppression, etc.) by those who associate themselves with the American identity. The American identity, like any other form of ethnonationalism, deters the promotion of egalitarianism – a goal for any school system. To promote egalitarianism, educators are encouraged to recognize those groups that are oppressed and to promote awareness through the application of liberation pedagogy.

Liberation pedagogy shifts the traditional teacher lockstep approach to a more student-centered model. Freire referenced the traditional teaching paradigm when he mentions the "banking concept" whereby "knowledge is a gift bestowed by those who consider themselves knowledgeable upon those whom they consider to know nothing" (as cited in Cahn, 1997, p. 461). In order for learners to appreciate and understand how multiculturalism and the American identity coexist, the educator must create an open dialog among all learners allowing them to discuss their cultural backgrounds. The educator's role is more of a facilitator or coach since the educational value comes when the learner herself can determine how a multitude of cultures may coexist.

Conclusion

To conclude, diversity in education should be seen as an opportunity to bring different groups of people together in a constructive fashion, without one group dominating another or any minority group feeling rejected or oppressed. Educators change roles and act more as mentors, tutors, colleagues, and coaches to their learners, as opposed to the "all knowing" instructor who "fills" the empty minds of the learner. A shared learning experience for both the educator and the learner change the dynamic of the classroom allowing for honest and open-ended discussions on different backgrounds that can exist under a single educational setting. Open communication empowers learners because instead of repressing their own beliefs for someone else's, they are expressing themselves and at the same time learning about other ethnic groups as well. By gaining an understanding of other cultures, minority groups are better equipped to learn how to better manage conflict in a constructive way. This important skill not only will assist the learners in the classroom but more importantly will prepare them for their experiences to be gained beyond the confines of the school.

References

Cahn, S. (1997). Classic and Contemporary Readings in the Philosophy of Education. New York: McGraw-Hill.

Gutek, G. (2004). Philosophical and Ideological Voices in Education. New York, NY: Pearson.

The American Heritage Dictionary of the English Language, (4th Edition). (2000). Retrieved on October 9, 2007 from  http://education.yahoo.com/reference/dictionary/entry/ideology

Wikipedia: Multiculturalism. (2007). Retrieved on October 9, 2007 from http://en.wikipedia.org/wiki/Multiculturalism

#  Educator Competency

October 18, 2007

This paper discusses common characteristics of competent educators. Characteristics such as interpersonal skills and classroom procedures go beyond the subject knowledge one typically associates with a good teacher. Moreover, planning for diversity is also a requirement for educators in today's classroom. Together, these topics bring about specific aspects of teaching that can benefit both the pre-service and in-service educators. It is determined that the progressivism theory relates to most of the characteristics that successful educators share, but more importantly, the action steps particularly serve as a better source for reflection on one's teaching.

We all remember our favorite teachers of the past. The time would fly by, the bell would ring, and we would say, "Is class over already?" The teachers kept us engaged the entire period and we would leave each day acknowledging that we had learned something, motivating us to return to class the next period to continue our educational journey. Regardless of the subject matter, good teachers seem to have this gift of knowing how to motivate students to achieve the goals of the course. What can be learned by these successful teachers in what they do that could be generalized into a theory or theories that ultimately is passed along to new teachers in a formative way? Evidence shows that competent teachers have good interpersonal skills, maintain clear classroom procedures, have a thorough understanding of subject knowledge, and handle cultural diversity which together offer insight primarily into the progressivism theory of education.

Successful educators have a way of connecting with a wide variety of students through maintaining good interpersonal skills. They are honest, consistent, and have an uncanny way of being firm when it is required and flexible when deemed necessary. Regardless of what is going on in the educator's personal or professional life, his or her mood never interferes with the learning process. As a result, the educator builds a positive presence that remains a continual source of assistance to each learner. The educator and learner build a rapport that often extends outside the classroom. The educator becomes more than a mentor, coach, or tutor rather becomes a role model that learners later remember as they continue their educational and professional endeavors. Interpersonal skills are one very importance characteristic that successful educators share that lead to motivating the learner, having a positive attitude, and getting along with students. These vital skills exist through classroom procedures that help establish the educational environment.

Once an educator has built a rapport with the learners that require good interpersonal skills, an educator must establish a set of simple rules that learners must abide by. When one thinks of rules, the initial reaction tends to be a negative one. However, successful educators create procedures and rules that are clear and understood from the first day of class, with the intention of limiting distractions thus fostering a productive learning environment for each learner. Marzano mentioned three action steps in "establishing and maintaining classroom rules and procedures: 1) organize the classroom for effective teaching and learning, 2) establish a small set of rules and procedures, and 3) interact with students about classroom rules and procedures" (2007, pp. 121-129). There is no one set of rules or procedures that work for every classroom. A competent educator knows the learners well enough and involves them in such a way that expectations are understood and followed through from the beginning of the course. After a successful educator has created a rapport with the learners, and can maintain rules and procedures, a third component rounds out what Malm and Lofgren view as teacher competence in its totality: subject knowledge (2006).

This third characteristic has to do with subject knowledge and pedagogical skills, which tend to overshadow the two previously mentioned characteristics of teacher competence. Standards-based learning and the stress on schools to meet achievement objectives create an attitude among educators that concentrates more on cognitive abilities of the learners and less on their affective control. Marzano stated three action steps regarding how to "establish and communicate learning goals: 1) make a distinction between learning goals and learning activities, 2) write a rubric or scale for each learning goal, and 3) have students identify their own learning goals" (2007, pp. 17-23). Successful educators communicate clearly what learning objectives the learners are about to cover and how they are going to achieve the objectives (i.e., problem-based learning activity). Alternative forms of assessment, such as rubrics, provide formative exchanges between the educator and the learner. Open-ended, ill-formed questions allow learners to develop their own conclusions based on their own life experiences. Although standards are a part of the public school system, there should be room for students to create their own learning objectives as well. Having room for a flexible curriculum, while still meeting state and federal standards is essential to integrating multiculturalism within the school system. Successful educators have an ability to not only fulfill all three competencies (e.g., interpersonal skills, classroom procedures, and subject knowledge), but also adjust their instruction and assessment to meet the educational diversity which is currently becoming more commonplace throughout the United States school system.

A final characteristic that successful educators have is the ability to account for cultural diversity within the classroom. Multiculturalism is becoming more prevalent through the country, and adds a level of complexity to the educational design. One difficult aspect of culture and diversity is the fact that defining them becomes troublesome. "Cushner, McClelland, and Safford (2003) have identified 12 sources of cultural identity (race, ethnicity/nationality, social class, sex/gender, health, age, geographic region, sexuality, religion, social status, language, and ability/disability) that influence teaching and learning, and are universal and present in every culture" (as cited in Valentín, 2006). Educators benefit from knowing the backgrounds and history of each learner to better understand their dispositions (attitudes and beliefs). Thriving educators are able to recognize that some international students are used to a teacher-lead instructional method whereas others may prefer a student-lead environment. Educators must be able to adjust to this type of diversity.

Conclusion

Four interdependent characteristics of teacher competencies have been discussed with the intention of drawing some conclusions what educational theory best supports these competencies. Although it may be inappropriate to narrow this conclusion down to a single theory, clearly the progressivism theory relates a lot to how educators apply their interpersonal skills, classroom procedures, subject knowledge, and especially diversity in the classroom. Although standards tend to be lumped together with the essentialism theory, it is believed that standards still may be met through alternative forms of assessment as opposed to only through standardized testing. The constructivism learning theory creates a means for international learners to become more active in the learning process than they might be through essentialism theory. Because diversity is becoming more of a factor in today's classroom, educators are also taking on more of an advocator role for oppressed groups through critical theory. Since narrowing down educators' competencies into broad educational theories can lead to a variety of interpretations, the more important issue is to maintain the focus on the characteristics mentioned to reflect on one's own practices as well as offering a means of study for pre-service educators.

References

Malm, B., & Lofgren, H. (2006). Teacher competence and students' conflict handling strategies. Malmo University, Sweden: Research in Education No. 76, p. 62-73.

Marzano, R. (2007). The Art and Science of Teaching: A Comprehensive Framework for Effective Instruction. Alexandria, Virginia: Association for Supervision and Curriculum Development (ASCD).

Valentín, S. (2006). Addressing Adversity in Teacher Education Programs. ProQuest Education Journals, p. 196.

#  Creating a Safe Space in Schools for Empowering Learners: A Humanistic Perspective

October 31, 2007

This paper addresses the need for schools to create safe space for diverse learners to create an educational learning environment that empowers and engages through an existential philosophy. Safe space tenets include circular seating arrangements, aesthetics, movement and action, and time. Empowering learners through the creation of safe space requires schools to concentrate not only on cognitive ability, but also metacognitive development, social development, personal health awareness, and building strong family relationships. Focusing on teaching the whole individual should remain the principle goal for all schools as they empower learners to be productive members of society.

The classroom of the twenty-first century very much represents the global society with which we live. Many learners in today's classroom are not only learning grade-level content but also are acculturating to new surroundings while at the same time trying to maintain individual identities. Schools have a responsibility to recognize the humanistic and academic value that a diverse classroom has to offer. The best way to recognize this value is through empowerment. Empowerment requires schools to create a safe space through adapting proper seating arrangements with learners, aesthetics, experiential learning, and sufficient time allocation (Lepp and Zorn, 2002) enabling all learners to discover new content on their own. Creating safe space in this manner fosters an existential educational philosophy, specifically a humanistic approach that empowers regardless of the socioeconomic background of the learner.

Creating a safe space for empowering and engaging learners should be a priority for all schools. Lepp and Zorn (2002) stated that a "safe space is essential for learning to occur and education to be empowered" (p. 383). Learners need to know that their opinions and beliefs are just as important as the rest of the learners in the classroom regardless of cultural background, gender, etc. By creating a safe space, schools set the stage for building a learning community that requires learners with a multitude of perspectives to work and play together. In order for this to happen, schools should consider how to create a safe space.

A circular seating arrangement of the classroom engages learners more than traditional row seating. Learners who sit in individual rows present an atmosphere that tends to put the instructor as the focal point of the classroom. What is more important, the learners, who are for the most part looking at the back of the heads of their classmates, are then positioned as less important. Certainly those learners sitting in the front role are experiencing something more positive than those learners sitting in the last row. McCroskey and McVetta mentioned, "Three quarters of a century ago John Dewey attacked [the traditional seating arrangement] because it inhibits experimentation in the classroom" (1995). In contrast, learners who sit in a circle formation are participating in quite a different educational environment. In a circle seating arrangement, each learner is of equal importance. The instructor is no longer the center of attention, but now assumes a more facilitative role (Lepp and Zorn, 2002, P. 384) since now equal eye contact can be made by everyone in the class. This type of seating arrangement simulates a business-type, meeting-of-the-minds forum that is quite different from the traditional seating arrangement. A circular seating arrangement nonverbally communicates an empowering learning environment that makes up just one aspect of safe space – the second being aesthetics.

In a multicultural school, fostering aesthetics provides a golden opportunity for schools to show appreciation for the various cultural backgrounds that exist throughout the student body. Art, music, dance, and other typical customs can be shared throughout the school system in a celebrative manner. Moreover, storytelling offers another way to empower learners to share their history with fellow classmates. Campano (2007) mentioned that "[Student narratives] are vehicles for linking subjective experience to more complete knowledge about our shared world, especially for individuals who speak and write from buried or misrepresented histories or don't hear the echo of their own experiences in the traditional school curriculum" (2007, p. 50). Instructional conversations built around personal stories can be both empowering for the storyteller as well as for the rest of the class since being different is celebrated instead of marginalized. The next aspect of safe space that relates to aesthetics is experiential learning.

Schools that empower learners do so by creating a special link between theory and practice. Practice is more meaningful and engaging when the learner can build new understandings through a variety of experiences. Domask (2007) said, "Experiential learning is learning by doing" (p.55). Instruction and assessment that require learners to move around the classroom and use manipulatives are addressing the kinesthetic intelligence that is common to authentic, real-life experiences. Ruzic and O'Connell researched the effectiveness of manipulatives and "found that use of manipulatives compared with traditional instruction typically had a positive effect on student achievement" (2007). Authentic classroom experiences help internalize new information so that it is more easily transferable to future experiences beyond the classroom. Experiential learning relates a lot to real life as does the final aspect of safe space: time.

Appropriate time should be given to learners during instruction and assessment that gives learners a safe space to discover techniques and skills on their own. Investigating information without the help of the instructor can provide individual strategies to develop. Note taking, partner work, and Internet searching strategies are all skills that learners need in the real world. For example, if a learner finishes part of an investigative study before the others, there should be an additional activity for this individual to complete. Time allocation should be such that learners are given ample time to complete the task but not too much to maintain the optimum instructional pacing required to continue engaging all learners.

In short, creating a safe space for learners maintains an existential philosophy that allows learners to construct meanings through social interactions. Circular seating arrangements, proper aesthetics, experiential learning, and proper time allocation are safe space tenets (Lepp and Zorn, 2002, P. 383) that empower learners through engaging them in a humanistic way. The American Humanist Association defines humanism as "a progressive lifestance that, without supernaturalism, affirms our ability and responsibility to lead meaningful, ethical lives capable of adding to the greater good of humanity" (2002). In the Mexican English learning classroom, this definition holds true as well and parallels many aspects of learning through the creation of safe space for learners. Creating a safe space lends credence to the need for developing the whole individual. Not only is cognitive development important, but also metacognitive development, social development, personal health awareness, and family relationships when it comes to the enrichment of a learner. A school should explicitly communicate the goals and objectives of how to best create safe spaces to appropriately fulfill all the needs of the learner in the twenty-first century.

References

American Humanist Association: Definitions of Humanism. (2002). Retrieved on October 30, 2007 from  http://www.americanhumanist.org/humanism/definitions.htm

Campano, G. (October 2007). Honoring Students Stories. Educational Leadership. Vol. 65 No. 2, 48-54

Lepp, M. and Zorn, C. (September 2002). Life Circle: Creating Safe Space for Educational Empowerment. Journal of Nursing Education, 41(9), p. 383

McCroskey, J. and McVetta, R. (1995). Classroom Seating Arrangements: Instructional Communication Theory Versus Student Preferences. Retrieved on October 31, 2007 from http://www.jamescmccroskey.com/publications/82.htm

Ruzic, R. and O'Connell, K. (2007). National Center on Accessing the General Curriculum: Manipulatives. Retrieved on October 31, 2007 from http://udl.cast.org/ncac/Manipulatives1666.cfm

#  Culminating Research Paper

November 30, 2007

This paper considers the lack of opportunities English language learners learning English as a foreign language have to communicate with native English speakers living abroad. A language exchange program using an instant messenger provides English and Spanish language learners to share one-on-one synchronous dialogs over a period of a semester. This technique is then discussed with an existential educational philosophy that builds understandings and creates safe spaces that fosters a more motivating and empowering learning environment for the learner. It is determined that although an existential philosophy is favored over other educational philosophies as a whole, the objective is to reflect on current practices of theory, ideology, and educational philosophy as a basis for justifying the techniques used in the classroom.

Problem Statement

Teaching English as a foreign language (EFL) can be challenging when trying to design "authentic" activities that motivate English language learners consistently over the course of a semester. Textbooks, audio, and video are common instructional tools used to create educational designs that facilitate language learning. Moreover, English language learning is enhanced when ELLs interact with each other through experiential learning where the focus remains on the integration of the four language skills: reading, writing, listening and speaking. But one aspect of the language learning design that often is left out of the EFL classroom is the exposure ELLs have to native English speakers living abroad (NESLA). When ELLs have access to NESLA, true authentic activities take on a new meaning. Language becomes a means to and end instead of an end in itself. Instructors become facilitators and mentors as they assist the ELL to use appropriate affective, cognitive, and metacognitive strategies to aid in communication. The social interaction with NESLA becomes the motivating force that ties other classroom activities towards a relevant communicative goal.

The actual time ELLs need to communicate with NESLA does not require large investments of instructional and assessment time. For example, a single one-hour session per week can be enough time to get in authentic language practice while the rest of the week can be used to reflect on past and prepare for future language sessions. Maintaining the same speaking partner permits social relationships to develop between the ELL and the NESLA that often takes on a life of its own. Suddenly, allocating just a small amount of time to language conversations with native English speakers creates a language experience that becomes more than an assignment by allowing ELLs to improve their communicative competencies, social skills, and cultural knowledge. However, this is only possible if language exchanges are planned for carefully.

Each language exchange session should have an objective. Each learner should know beforehand what language will be most appropriate so each learner can prepare. Unless the language partners have a relationship established already, simply opening up a hodgepodge dialog can be risky. It is important that appropriate vocabulary, grammar, and content knowledge be reviewed so more fluent and accurate communication can take place. Conversation guides can be developed by the instructor or collaboratively with the ELLs to assist in fluency. Moreover, the web can serve as a guide as well since learners usually are in front of a computer when they are communicating with their partner. Technology is another aspect of language exchange sessions that should be accounted for.

Many instant messaging companies (Wikipedia..., 2007) offer free services that allow people to communicate through online written chats, audio, and video. Messengers are ideal for synchronous language exchanges because with little technical requirements, ELLs can use all four language skills as they converse with another person. Video adds an additional element to the language exchange experience allowing ELLs to practice giving and receiving nonverbal communication as well. Hardware is another consideration that should be checked beforehand to assure that everything is in working order. Hardware required to conduct a language exchange includes a headset with a microphone, a computer with an Internet connection, and a webcam if video is to be part of the session. When planning language exchanges, having extra hardware on hand is beneficial should technical difficulties result during the session. Besides preparing instruction and technology as previously mentioned, a final factor should be considered that really dictates whether instructors end up considering this type of instructional technique or not; that is the instructor's educational philosophy and theory on learning.

An instructor's philosophy on education influences the educational design and practice in an EFL classroom due to the inherent beliefs that influence teaching. Metaphysics, epistemology, axiology, aesthetics and logic collectively make up an overall philosophy that dictates what approach, methodology, method, or technique is to be used in the classroom. For example, instructors who subscribe to idealism, pragmatism, philosophical analysis, or postmodernism as an educational philosophy will have a lesser opinion of the language exchange technique as a successful means of instruction in the language learning classroom. Therefore, the progressivism theory, heavily based on an existential philosophy, provides for a more productive learning environment because of its emphasis on building understandings through the creation of save spaces.

Literature Review

To conduct language exchanges, a literature review will be conducted so various philosophies, ideologies, and theories can be put into perspective so instructors can better reflect on their own personal philosophy. Personal reflection of one's own educational philosophy before embarking on a language exchange project of this type should provide information about whether this type of project is suitable for one's own class or not. The intention is to link a practical teaching technique to an overall educational philosophy as a means of professional validation. The main topics in this literature review begin with defining philosophy and its application in education, building understandings as a higher order of thinking, and building safe spaces that allows for an educational environment conducive to learning.

Understanding one's own educational philosophy helps to understand why certain teaching techniques are preferred over others. Gutek (2004) subdivides philosophy as follows: metaphysics, epistemology, axiology, ethics, aesthetics, and logic. Table one itemizes these subdivisions into their respective relationships to education.

Table 1

The questions posed in Table 1 exist given four possible perspectives: 1) the instructor's own beliefs, 2) the instructor's perception of the learners' beliefs, 3) the learner's own actual beliefs, and 4) the learner's perception of the instructor's beliefs. Although all four perspectives could be unique, having a clear understanding of one's own philosophy at a minimum helps establish the instructor's own belief and the instructor's perception of the learner's belief (i.e., points one and two). With experience and reflection, the instructor gains insight into the learner's perspective of their own beliefs and those of the instructor which can provide justification of possibly changing the educational philosophy over time. That is, an educational philosophy should be considered a continual work-in-progress. As instructors continue to adjust their educational philosophy, they should also consider the ideological underpinnings of the learner.

Understanding the ideological underpinnings of the learner and of oneself helps to understand why certain teaching techniques are preferred over others. Whereas philosophy generally applies to a set of beliefs that are not bound by time or place, ideology considers the belief system according to a group of individuals. Gulek (2004) defined ideology as a "belief (idea) and value system of a group, especially in relation to politics, society, economics, and education" (p. 142). In a diverse classroom, the instructor must consider what the students value versus what she values. From an ideological perspective, how does the multicultural classroom relate to music, drama, and the arts (i.e., aesthetics) versus how the instructor relates to them? The issue of aesthetics is not necessarily to create a universal appreciation – a philosophical approach – but one of various viewpoints based on each of the learner's educational, cultural, economic, and religious backgrounds. As these more specific points become apparent in classroom discussions, a more theoretical approach to education thus becomes a "guide to practice" (Mutek, 2004, p.254).

Considering one's educational philosophy and ideology, experts develop theories that categorize common behaviors regarding how learners learn. Mutek discussed how theory can refer to a frame of reference that includes the following: 1) "a set of generalizations or explanations about the subject or field; 2) strategies for how to apply the generalizations as guiding principles in action; and 3) hypotheses, conjectures, or expectations about what is likely to happen when the generalization is applied to a specific instance" (2004, p. 254). Mutek's final point refers to a "specific instance" that really differentiates theory to that of ideology and philosophy. Now, generalizations on particular techniques provide direction as they are put into practice under a variety of situations. The instructors must evaluate their own classroom and teaching style to assess how to best apply theory to practice (i.e., praxis) to build understandings that are meaningful to the learner.

Designing instruction and assessment that develops understandings allows learners to transfer new knowledge to a variety of contexts. Wiggins and McTighe (2005) juxtaposes knowledge and understanding by saying that simply knowing discrete facts out of context is not an economical use of one's instructional time. In contrast, facts that are uncovered and that are transferable to other contexts are more likely to be retained by the learner. They mentioned the "expert blind spot" (2005, pp. 44-46) that some instructors experience when learners still do not understand new content after being taught from the book by simply covering material. The distinction between covering and uncovering content implies a shift in the overall dynamic of the classroom. Covering content, or teaching by the book, creates a teacher-centered approach where the learner plays a passive role in the learning process. In contrast, uncovering content implies a more experiential learning approach where learners construct new meanings through "doing" the task. Building understandings through meaningful activities provide a more motivating experience, but what does it mean to understand something?

To understand is to involve different levels of thinking. Wiggins and McTighe (2005) provide six facets of understanding that ultimately provide evidence of learning:

1. Explanation

2. Interpretation

3. Application

4. Perspective

5. Empathy

6. Self-Knowledge

With these six facets of understanding, instructors are able to assess the degree of understanding based on the evidence the learners are able to provide. The inclusion of these six facets and the development of big ideas are necessary in order for understanding to occur (Wiggins and McTighe, 2005).

Developing big ideas occurs through pedagogical practice that allows for learners to create new transferable concepts that build on prior knowledge. In language learning, content and language take on equal roles in the development of big ideas. The topic of culture shock, for example, can be presented to foreign students as a way to help in understanding some of the normal stages one goes through during acculturation. Through a Socratic seminar (Fisher and Frey, 2007), the instructor builds a dialog that allows learners to participate in open-ended questions thus providing evidence according to the six facets of understanding. At the same time, the instructor is also assessing proper language use to develop appropriate instruction that accounts for gaps in language proficiencies. Creating big ideas using critical thinking skills can be empowering for learners if the educational design includes a save space.

Creating a safe classroom environment should provide learners with opportunities to express themselves and openly participate within the educational design. Holley (2005) stated that a safe space is "one in which students are able to openly express their individuality, even if it differs dramatically from the norms set by the instructor, the profession, or other students". In the language learning classroom, English language learners are encouraged to be risk-takers and to express themselves opening as they develop content knowledge as well as appropriate language skills. But this motivation just does not happen unless the instructor properly designs and utilizes safe spaces through productive seating arrangements, aesthetics, experiential learning, and time (Lepp, and Zorn, 2002).

The circle seating arrangement in the classroom, or some variation thereof, provides a safe space for learners due to the amount of eye-contact that is achievable between students and the instructor. In a traditional row seating arrangement, the teacher is the focus of the class. Students sitting in the front row experience a more direct instruction than those in other rows that are at a greater distance from the instructor and are subject to seeing the backs of the learners sitting in front of them. In contrast, a circular seating arrangement shifts the focus from the teacher to the student since now eye contact is established throughout the class. Similarly, semicircle seating arrangements allow for learner eye contact as well, but also allows the instructor to shift from instructional conversations to direct instruction where perhaps a blackboard is required. Moreover, the instructor can walk around the room to provide one-on-one assistance as needed. To create safe spaces for group work, variations on the circular seating arrangement exist to motivate and empower learners through a collaborative learning environment.

Clusters, table rows, and pairs are variations of the circular seating arrangement that are more appropriate for group work than a circular or semicircular seating arrangement (Cusick, 1999). Clusters and table rows work similarly in that groups of four-to-five participate in tasks that ultimately are part of a task objective. Where more individual participation is desired, pair-work allows more time for individual collaboration through a two-way dialog. Like the circular seating arrangements, clusters, table rows, and pairs allow the instructor to walk around the room for assisting when necessary and checking for gaps in understanding.

A second aspect of creating safe spaces is with aesthetics (Lepp and Zorn, 2002). Drama, art, music, and poetry can be used to create classroom environments that empower learners to develop their individuality. As previously mentioned, aesthetics is also part of an educational philosophy, so there is the risk that an instructor could impose her own belief of what is "beautiful" that might be contrary to the learner's belief. The point in creating a safe space with aesthetics is that the fine arts are to be used as a means of self-expression for the learner without the instructor passing judgment on the finished product. That is, the instructor assesses more the process than the product. Focusing on the process relates to the third aspect of creating safe spaces: experiential learning.

Learning by "doing" empowers learners to play more of an active role in the educational process designed around safe spaces. Group work through circular-type seating arrangements logistically prepares the learners for active work, but instruction and assessment must support objectives that account for task or problem-based learning both inside and outside the classroom that promote critical thinking skills. Moreover, conflict resolution skills must be explicitly taught that stress the importance of respecting differences of opinion and the importance of compromise. Creating a safe space does not mean that the class is conflict-free. Boostrom noted that "if critical thinking, imagination, and individuality are to flourish in classrooms, teachers need to manage conflict, not prohibit it" (as cited in Holley, 2005). As with aesthetics, assessment focuses on the process of the learners "doing" the task – experiential learning – and less on the actual finished product. When performing problem-based learning, the amount of time is an additional component in the creation of safe spaces.

This final aspect of creating safe spaces refers to time. In the differentiated classroom, lesson pacing is crucial in assuring that new experiences are being introduced in a timely fashion. Also, proper time allocation should permit learners to discover new information on their own. Discovery can be done individually, pairs, or in groups, both inside and outside of the classroom. This instructional method, like other aspects of safe spaces, requires that learners play a more active role in the learning process while the instructor serves more as a coach, mentor, or tutor. As learners inquire on their own and at their own pace, questions develop that can be answered by other students or by the instructor. When other students are involved in answering questions, it empowers the stronger students since they take on an "expert" role in the educational process by reinforcing what they already know. When questions are directed to the instructor, she can prompt the learner or the entire class through appropriate levels of understanding (i.e., Wiggins and McTighe's six facets of understanding, Bloom's Taxonomy, etc.) instead of simply giving the correct answer. Allowing time to process new information relates very much with the experiential learning aspect of save space and to the self-expression emphasis in aesthetics. Similarly, building safe spaces should be considered as an element of instruction and assessment equally important as building understandings and drawing these back to the instructor's own educational philosophy.

Pacing, experiential learning, aesthetics, and circular seating arrangements together allow for the creation of safe spaces thus encouraging learners to participate and challenge current belief systems. In conjunction with the creation of safe spaces, learners are further empowered through the building of understandings (Wiggins and McTighe, 2005) that involve all six facets (i.e, explanation, interpretation, application, perspective, empathy, and self-knowledge). Finally, the educational design that includes building safe spaces and understandings are the extension of the instructor's own educational philosophy which should offer a justification, whether internal or external, for the planning, implementing, and reflecting of one's instructional and assessment practices. As a recommendation, the remaining part of this discussion will provide an example of an educational technique that takes into consider a justifying educational philosophy, the building of understandings, and the creating of safe spaces based on the problem statement previously mentioned.

Recommendations

Working backwards, this recommendation will begin by putting the problem statement previously discussed into context and then address how safe spaces were considered along with how English language learners (ELLs) focused on building understandings as they completed the tasks. To conclude, the justification for solving this problem encourages an existential philosophy that serves as a basis of the instructional and assessment practices being used.

The problem statement above outlines a common issue in many language learning classrooms: the lack of authentic speaking opportunities with native speakers in a foreign language learning classroom. In Mexico, one solution to this problem involves a language exchange with a United States classroom of Spanish language learners. With an online messenger, English and Spanish language learners divide up a 50-minute session speaking half the session in Spanish and the other half in English. Although they do not share a common language, it helps if the students are about the same age and educational level. Scheduling sessions is to be carefully planned beforehand so that prior and subsequent classes do not interfere with beginning each session on time. The first few minutes of each session are crucial in getting each set of partners connected as soon as possible. Moreover, if learners are absent, those learners who do not have a partner will need to team up with other learners in a three-way dialog. Ideally, both groups should have about the same number of learners so that partnering up becomes easier. If there is one group considerably larger than the other, it would be to the larger group's advantage to attempt to find another online group to converse with during the same session.

Creating a save space through a language exchange is vital to its success. This language exchange technique breaks away from the traditional row seating and puts learners directly in contact with their partner (i.e., seated in front of the computer). Conversation guides helps learners to prepare for language exchanges each week, giving them time to prepare their language, and end up being just a point of departure for some of the more advanced learners during the actual conversation. Aesthetics (i.e., drama, art, music, poetry, etc.) is an excellent means of sharing cultural backgrounds of the learners which can empower them to use the foreign language as a means of expression opinions and beliefs. Most importantly, learners are practicing a foreign language through experiential learning. They are "doing" the task in real time with a real person about a real topic that interests them.

Equally important to creating save spaces is the building of understandings. In language learning, language use tends to overshadow the objective of building understandings. During language exchanges, the conversation guides should focus some on language use (i.e., present tense, giving opinions, etc.), but also focus on understandings. For example, the language focus might be introductions and personal descriptions while the understandings might address stereotypes. Some essential questions (Wiggins and McTighe, 2005) might include: 1) What stereotypes did you have before you met your partner? 2) Have your perceptions changed since speaking with your partner? 3) What are some stereotypes of your own culture? 4) Does your partner exhibit any of these stereotypes during your conversations? As learners reflect on their conversations, they provide evidence of understanding about stereotypes through self-knowledge, perspectives (own and partner's), explanation, interpretation, empathy, and application.

Creating safe spaces and building understandings should have some direct link to the instructor's own educational philosophy as opposed to just doing an activity because someone suggested it. The online language exchange technique is a heavily existential philosophical activity. Gutek explained the existentialist paradox as "My existence makes no difference to the world [but] I can choose to make a different to myself" (2004, p. 90). The goal of this technique is to assess the person meanings that each learner constructs through self-reflection and their development of their foreign language proficiency. It does not take on a pragmatic philosophy that bases events according to the scientific method, nor does it take on a postmodern perspective that advocates the interests of particular oppressed groups. It simply provides for the most part an opportunity for language learners to socially construct meaning through experiential learning.

Since a philosophy is not bound to a particular time or place, an ideological perspective as it pertains to a language exchange technique is also worth noting. Since modern liberalism advocates a large social role in schools (Gutek, 2004), a language exchange technique fits well into this ideology. It also supports alternate forms of assessment that contrast those traditional forms of assessment that are common in a more conservative ideology. From a modern liberalism perspective, a narrower look at theory follows.

In narrowing the spoke of first an existential educational philosophy, then to a modern liberalism ideology, that last look on justifying the language exchange technique is on progressivism. Gutek mentioned that in education "progressives advocate allowing children to express themselves freely and creatively and they also endorse general social reforms..." (2004, p. 295). In an online language exchange, although there are conversation guides and objectives that are central to the initial discussion, learners are encouraged to develop the conversation even if it leads them to a new topic. Language learners creatively use a variety of strategies during the conversations that help keep the conversation going. For example, online reference pages are used to verify meanings of words, various sites are used to research content, and note-taking techniques help them recall previously discussed information. Rubrics, journals, and blogs may be used to assess the learners progress (based on individual constructed meanings), and as previously mentioned, the educational design is student-centered.

In conclusion, English language learners often can benefit from an online language exchange instructional technique that subscribes to an existential educational philosophy, builds understandings, and creates safe spaces. The recommendation takes this one instructional technique as an example to show the importance of aligning what one does in the classroom back to a specific philosophy or philosophies. The recommendation does not assume that only one philosophy is at work, or that with minor adaptations, that other philosophies, ideologies, and theories could be present. The belief is that by justifying what one does back to a given philosophy, the instructor automatically is reflecting on her practices which can only then provide a basis for continual improvement that progresses throughout one's lifetime.

References

Cusick, N. (1999). Typical Classroom Seating Arrangements in the US Elementary Schools. Retrieved on November, 18, 2007 from  http://ematusov.soe.udel.edu/final.paper.pub/_pwfsfp/00000181.htm

Fisher, D. and Frey, N. (2007). Checking for Understanding: Formative Assessment Techniques for Your Classroom. Alexandria, Virginia: Association for Supervision and Curriculum Development.

Gutek, G. (2004). Philosophical and Ideological Voices in Education. New York, NY: Pearson Education Inc.

Holley, L. (2005). Safe Space: student perspectives on classroom environment. Journal of Social Work Education. Vol. 41, Issue 1, p. 49.

Lepp, M. and Zorn, C. (September 2002). Life Circle: Creating Safe Space for Educational Empowerment. Journal of Nursing Education. 41, 9, p. 383.

Wiggins, G. and McTighe, J. (2005). Understanding by Design. Upper Saddle River, New Jersey: Pearson/Merrill Prentice Hall.

Wikipedia: Instant messaging. (2007). Retrieved on November 21, 2007 from http://en.wikipedia.org/wiki/Instant_messaging

#  Legal Aspects of Teacher Contracts

December 18, 2007

This compare-and-contrast analysis between contracts in the United States versus those in Mexico asserts that similarities far outweigh the differences. Contracts, breaches, and remedies are defined to build a framework around the importance of negotiating contractual provisions between a school district and educator. Provisions that are discussed include wages; salaries; benefits; extra-duty pay scales; planning periods; assignment, transfer, and promotion procedures; class sizes; and length of the school calendar, along with eight specific provisions that current studies indicate to have a minimal effect on increased student achievement. Considering this evidence, it is recommended that teachers receive pay increases when they take on a leadership role that assists other teachers establish classroom goal-setting techniques and instructional guidance.

Teaching can be an awarding experience, but like any profession, knowing the details of a contractual agreement is paramount. Breaching a contract can have negative consequences when considering employment abroad, so it is to one's advantage to consider the entire package of benefits when considering a new teaching job. An educator looking for a job abroad should not only be familiarized with the social etiquette involved in the interview process, but also consider contractual provisions that are important when determining whether a job offer is attractive or not. Contractual agreements in the United States vary as they do in Mexico; however, contract provisions are quite similar between the two countries should an educator decide to teach abroad.

Contracts in the United States

Contracts in the United States can be written or implied, and each carries remedies should one party fail to meet the terms of the agreement. Specifically, educators should understand what constitutes a contract, what a breach of contract is, and what remedies are available should a breach of contract occur. Fischer, Schimmel, and Stellman (2007) mentioned that a contact must have "1) a meeting of the minds of both parties, 2) valid consideration, 3) legal subject matter, 4) competent parties, and 5) definite terms" (p. 16). A contract may be written or verbal as long as all five of these criteria are met. Should one of the parties not meet the conditions of the contract, then a breach of contract has been committed. When there has been a contractual breach, the following three remedies are available to the nonbreaching party: 1) sue for monetary damages - the most common remedy, 2) sue for specific performance, or 3) rescind the contract (Findlaw, 2007). By understanding the criteria of what makes a contract and the remedies for breaching a contract, both parties can better negotiate the contractual provisions according to each of their respective interests and needs.

Although contractual provisions vary widely, the educational field has some provisions that are common among teacher contracts. Some common provisions include wages; salaries; benefits; extra-duty pay scales; planning periods; assignment, transfer, and promotion procedures; class sizes; and length of the school calendar (Fischer, Schimmel, and Stellman, 2007). Eight contractual provisions, in particular, have been under scrutiny as of late due to their real impact on learning achievement. These contractual provisions are as follows:

  1. Increases in teacher salaries based on years of experience;

  2. Increases in teacher salaries based on educational credentials and experiences;

  3. Professional development days;

  4. Number of paid sick and personal days;

  5. Class-size limitations;

  6. Use of teachers' aides;

  7. Generous health and insurance benefits; and

  8. Generous retirement benefits

The combination of these eight provisions make up on the average, 19 percent of the school's budget, or approximately $77 billion in annual public school spending (Roza, January, 2007). International educators seeking teaching positions in the United States public school system will likely find administrators who are less willing to negotiate these eight provisions since current research suggests that these provisions do not necessary improve student achievement. In short, it is to the benefit of all international educators to consider the contractual provisions and their impact on student learning when negotiating teacher contracts in the United States. Each district will emphasize certain provisions over others, but it is to the advantage of the educator to inquire on all these common provisions to better understand the conditions of employment to avoid contractual disputes that could later result. A similar look will now be conducted on a teaching contract in Mexico as it pertains to international educators.

Contracts in Mexico (tenured positions)

Contracts in Mexico share many of the same provisions as those in the United States. Wages, salaries, promotion procedures and corresponding pay scales, salary increases based on educational credentials and experience, planning periods, paid sick/personal days, extra-duty pay, and retirement plans are all common contractual terms educators enter in most schools in Mexico. Health benefits are also important but are usually not included in the negotiations since all employees have health care through a socialized medicine plan. Like in the United States, Mexico grants similar work permits that give international residents access to the same governmental benefits as those afforded to Mexican citizens. Although the similarities outweigh the differences in most teaching contracts, it is important to consider what some of the most important differences are when considering teaching in Mexico.

Some provisions that are not included in most tenured contracts in Mexico include class size, and length of the school calendar. The class size is usually predetermined based on student enrollment and is nonnegotiable. The school calendar is determined by a governmental agency which requires that all schools adhere to one policy. Considering these differences, the following recommendation may pertain to a tenured teaching position in Mexico and to most tenured positions in the United States.

Recommendation

It is recommended that pay increases be tied to specialized teachers that take on an additional role similar to a "student-achievement coach" (SEC) (Keller, 2007). SECs who take on a leadership role that focuses on student achievement should be compensated for their efforts. Similar to extra-duty pay scale, this would be specifically focused on helping teachers craft understandings through classroom goal-setting techniques and instructional assistance. The pay scale increases would be calculated based on the time spent with individual teachers and the implementation of new classroom techniques. This would offer an incentive for teachers to work collaboratively with their colleagues, and solidify their own current teaching methods and techniques as well.

To concluded, teaching contracts in the United States and in Mexico share more commonalities than they do differences. For educators seeking teaching jobs abroad, it is important that one understands how contracts are formed and the consequences should a contract not be fulfilled. Contractual provisions, such as wages, health benefits and retirement plans should be explicit and agreed upon before entering into a binding contract between a school and an educator. The research conducted in the United States suggests that certain provisions do not necessarily lead to an increase in student achievement, and that the final recommendation for a Mexican tenured teaching contract bases pay increases on teachers who assume a leadership role that focuses on the planning and implementation of classroom goal-setting techniques and instructional guidance. Building a community of practice only promotes a more productive and efficient learning environment to the benefit of the learners, educators, administrators, and the community as a whole.
References

Findlaw. (2007). Breach of Contract and Lawsuits: What Happens After a Contract is Breached? Retrieved on December 12, 2007 from  http://smallbusiness.findlaw.com/business-forms-contracts/business-forms-contracts-overview/business-forms-contracts-overview-breaching(1).html.html)

Fischer, L, Schimmel, D., and Stellman, L. (2007). Teachers and the Law. New York, NY: Pearson.

Keller, B. (December 11, 2007). Coaching Teachers to Help Students Learn. Retrieved on December 12, 2007 from  http://www.edweek.org/ew/articles/2007/12/12/15coaching.h27.html?qs=coaching+teachers+to+help+students+learn

Roza, M. (January, 2007). Frozen Assets: Rethinking Teacher Contracts Could Free Billions for School Reform. Retrieved on December 12, 2007 from  http://www.educationsector.org/research/research_show.htm?doc_id=436576
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Personal Liability, Slander and Libel, Child Abuse, Copyright Law

December 31, 2007

This essay discusses personal injury cases, slander and libel suits, reporting procedures for child abuse cases, and the fare use doctrine each within the context of the educational system. Educators that recognize violations and understand respective defenses and remedies are able to better meet their legal obligations that oftentimes go beyond the normal contractual pedagogical responsibilities one usually considers when teaching. Understanding these legal obligations also gives educators the assurance that when troubled learners are in need of special attention, proper care is provided in an expedited and legal way. Always maintaining the learners' personal rights and respect is key when considering the importance of teaching the whole child.

Aside from the pedagogical duties one considers when teaching a group of learners, personal liability against injury, slander and libel suits, reporting procedures for child abuse cases, and the fare use doctrine should be understood as they pertain to defining what constitutes an overall obligation, the defenses available to the educator, and the damages that are commonly awarded should a tort occur. The law requires that educators assume a level of responsibility or reasonable care when it comes to the safety and protection of the learners. Educators and well as learners share legal protection against defamatory statements so reputations are not ruined. Educators have a legal responsibility in knowing when and how to report child abuse. And finally, an understanding of the fair use doctrine and its exceptions for teachers can prevent copyright violations. The best way to avoid litigation is to understand the legal responsibilities educators have by preventing personal injury suits from occurring in the first place, thus allowing more time to educate learners in a more productive way.

Personal Liability

In determining reasonable care, educators should realize when they are liable for a personal injury infringement and under what circumstances provide evidence of personal injury cases. Fischer, Schimmel, and Stellman stated that "individual teachers may be held liable for damages to an injured student if the student can prove four things: (a) the teacher had a duty to be careful not to injure the student and to protect the student from being injured, (b) the teacher failed to use due care [negligence], (c) the teacher's carelessness caused the injury, and (d) the student sustained provable damages" (2007, p. 58). Depending on the specific circumstances and respective state and federal laws, educators may be liable when students injure another student or teacher, students injure themselves during a project assigned by the educator, and when educators in general exhibit clear evidence of neglect (Fischer, Schimmel, and Stellman, 2007). Should personal injury result from the negligence of an educator, certain defenses are available to the individual.

The main defenses against personal injury suits are contributory negligence, assumption of risk, governmental immunity (in certain circumstances), and immunity protection by the No Child Left Behind Act - NCLB (Fischer, Schimmel, and Stellman, 2007). If an educator exercises due diligence in providing safety procedures and instruction, and the learner still fails to exercise these procedures or to follow said instructions, an educator may claim contributory negligence as a defense. Also, learners participating in sports accept a level of risk in doing so. The assumption of risk may be a defense for an educator if the person can prove that the learner was made aware of the risks and was mature enough to assume the particular level of risk. Sovereign immunity is derived from two categories: governmental and ministerial. The former offers a level of liability protection while the latter does not: "Discretionary policy-making or planning activities of governmental entities remain immune from tort liability. However, immunity from tort liability is waived for negligent activities that are operational [e.g., ministerial] and for which a common law or statutory duty of care exists." (Entity Liability..., 2006). Although governmental immunity is considered a legal defense, according to this case, Fischer, Schimmel, and Stellman mentioned that in most cases, it is not a defense in current legal practice (2007). Finally, the NCLB offers a level of protection to educators what are practicing within the scope of your contractual duties. Should educators fail to present a withstanding defense to a personal injury suit, plaintiffs are entitled to recovery.

Recoveries through personal injury suits include compensatory, punitive, or nominal damages. The most common remedy in such cases is compensatory damages. Compensatory damages are monetary reimbursements for expenditures that actually accrued as a result of the injury. Punitive damages are issued in excess of the actual monetary loss as a form of punishment. Nominal damages are given when no monetary loss occurs and the courts award a very small amount as a result (i.e., $1.00).

The Aguascalientes State University, Universidad Autónoma de Aguascalientes – UAA, and the teacher's union, La Asociación de Catedráticos e Investigadores de la UAA – ACIUAA, offer liability protection against personal injury cases. Should such cases result, educators may report to the ACIUAA which offers attorneys to assist in their defense. The case is presented to a judicial board at the UAA who hears the case and makes a judgment. Although such injury cases are very rare, it is comforting to know that procedures and policies exist that offer protection to all educators employed at the university (Universidad Autónoma de Aguascalientes, 2007).

Slander and Libel

Slander (i.e, gossip) and libel (i.e., written comment, oral statements broadcasted over the radio, TV, internet, etc.) are defamatory statements against someone to a third party with the intent of destroying a teacher or student's reputation. Fischer, Schimmel, and Stellman explained that prima facie defamatory statements "(a) impute a criminal offense, (b) impute a loathsome disease (e.g., venereal disease), (c) disparage professional competency, or (d) impute lack of chastity or morality (e.g., a charge of incest or child abuse)" (2007, p. 82). Even though simple intent based on fact and the truth is all that is needed in determining cases of slander or libel, malicious intent provides a basis for determining a remedy.

Damages awarded to the plaintiff in slander or libel cases vary depending on how much the impact the malicious intent had on the individual's reputation. If medical care was required, compensatory damages may result. If the courts feel that a punishment is necessary, punitive damages may be awarded as well. Generally, slander and libel cases are considered different forms of defamation, so there is little difference in how each is awarded damages.

Child Abuse

Under Texas law, it is mandatory that cases involving physical abuse, emotional injury, sexual abuse, and neglect be reported by any professional that comes in contact with the abused child, which includes teachers. Such cases are reported to any state or local law enforcement agency, Child Protective Services (CPS), or a department of the Texas Department of Protective and Regulatory Services (TDFPS). TDFPS has a hotline which may be used (1-800-252-5400) or cases may also be reported by dialing 911. The following information should be provided when reporting child abuse cases: the child's name, description, age, address, license plates, make of car, or any other pertinent information. All information that was previously considered privileged must be included when reporting child abuse cases as well. Although anonymous calls may be made, it is recommended that the person reporting the case identify him/herself so the case may be expeditiously processed. In addition to reporting child abuse cases, professionals may respond to the abused child in an effort to offer some level of comfort.

An educator should try to console the abused child in a respectful and professional manner, and should ask the child to see the injuries making sure the child gives permission to do so. Also, the educator should ask the child what happened and document the information that is being provided. If the educator is the first person the child has talked to about the injury – an "outcry witness" – it is vital that the child be left to discuss fully what happened, because this information is permissible as evidence in a court of law. Any subsequent discussions the child provides about the injury to other people are considered hearsay and cannot be considered as evidence.

Once a child abuse case has been reported, the case is investigated and if there is enough evidence, it is brought to trial to determine if prosecution is necessary. Investigation includes interviewing the child, a physical or mental examination, and an assessment evaluation. Depending on the severity of the injury, Texas law requires that cases be investigated between 24 hours to ten days from the time the case was reported. Should cases go to court, the abused child, the child's parents, and the "outcry witness" may be called to testify. Throughout the entire investigation and prosecution, Texas law requires that the child's rights be protected (Attorney General..., 2005).

Copyright Law

Making copies for classroom work is protected under the "fair use" doctrine if and only if certain criteria are met. "When determining whether a particular use of copyrighted material is fair use, courts consider the purpose of the fair use doctrine and the following statutory criteria: (a) the purpose and character of the use..., (b) the nature of the copyrighted work, (c) the amount and substantiality of the portion used in relation to the copyrighted work as a whole, and (d) the effect of the use upon the potential market for or value of the copyrighted work (Fischer, Schimmel, & Stellman, 2007, p. 111). Teachers are entitle to make single copies of a chapter of a book; an article from a newspaper; a short story, essay, or poem; and a chart, graph, diagram, etc. Multiple copies, not to exceed one copy per student, are possible when they meet certain tests of brevity, spontaneity, and cumulative effect (Fischer, Schimmel, & Stellman, 2007). Educators who follow these criteria fall under the protection of the fair use doctrine which entitles them to produce copies for educational, noncommercial use.

In summary, educators have a legal obligation to adhere to the law as it pertains to personal liability against injury cases, slander and libel suits, reporting procedures for child abuse cases, and the fare use doctrine. By understanding individual law violations and corresponding defenses and remedies, educators gain the peace of mind that they are meeting their legal as well as their contractual obligations, which both contribute to the betterment of the educational system as a whole.

References

Attorney General of Texas, Greg Abbott. (2005). Retrieved on December 28, 2007 from  http://www.oag.state.tx.us/AG_Publications/txts/childabuse2.shtml

Beck, J. (2006). Entity Liability for Teacher-on-Student Sexual Harassment. Journal of Law & Education, 35(1), pp. 141-151.

Fischer, L, Schimmel, D., and Stellman, L. (2007). Teachers and the Law. New York, NY: Pearson.

Universidad Autónoma de Aguascalientes. (2007). Reglamento de la Comisión de Honor y Justicia de la Universidad Autónoma de Aguascalientes. The Regulations of the Justice Board of the Aguascalientes State University], Retrieved on December 31, 2007 from [ http://www.uaa.mx/transparencia/index.php?movil=b/leyorg/indice.htm

#  Freedom of Expression

January 13, 2008

The "Tinker v. Des Moines Independent Community School District" case provides a legal distinction that pertains to a form of non-verbal expression that is protected by the First Amendment. The impact of this decision has been felt in subsequent cases and in today's classroom as "hate speech" codes among school systems and tolerance through forms of expression that are not threatening, intimidating, and are not considered fighting words by other individuals. A high school senior calling a teacher a faggot, a student wearing a button which contains a racial slur, and a student who refers to the principal as incompetent are also discussed as to their protection under the First Amendment and how they relate to the "Tinker" case. It is concluded that when forms of expression are disruptive to the educational process, they are usually not protected by the First Amendment, and that educators have an obligation to not only see that schools remain legal but also ethical.

Americans share the oldest constitution that exists today. One of the freedoms protected by the constitution is the First Amendment, specifically the freedom of speech. Having the freedom to express oneself is a cherished right that virtually every American enjoys. Over the years, this right has been questioned what point it extends to learners within the public school system. Should minors share the same freedom of speech shared by adults? Should learners be allowed to express their political views behind school doors? To address this issue, an analysis of the "Tinker v. Des Moines Independent Community School District" case will provide perspective when communication falls under the First Amendment, and how it still is relevant to today's classroom.

The "Tinker v. Des Moines Independent Community School District" case was brought to the United States Supreme Court who decided in February of 1969 that the Des Moines Independent Community School District had violated the First Amendment rights of students who chose to wear a black armband in protest of the Vietnam War. The students, along with their parents, had planned beforehand to wear the armbands for weeks, which included the students wearing them to school. The school administrators found out beforehand, so they quickly changed school policy to prohibit any student from wearing black armbands in school. Once the students arrived to school wearing the armbands, they were suspended until the students decided to return to school without them. Although not unanimous, the Supreme Court ruled that the students' rights had been violated (Touro Law, 2008).

Three out of the five Supreme Court Justices concurred that the retribution imposed on the students for wearing the armbands in school was a violation of freedom of speech, which is protected under the First Amendment. They affirmed that because the students were "quiet and passive" and did not cause a disturbance, prohibiting their right to express themselves was unconstitutional (ThisNation.com, 2008). In subsequent cases, the disturbance, or disruptive, "standard" has been called into question as to where school districts or the courts draw the line what is offensive or not. Similarly, the question of whether schools should be a platform at all for expressing political viewpoints has also been presented.

Two out of the five Supreme Court Justices dissented in the case of Tinker v. Des Moines Independent Community School District because they believed that essentially any amount of disruption in school due to the acts (politically motivated) of a few students should be avoided. Although the students who wore the armbands were "passive and quiet", they did receive a certain level of ridicule from other students and at least one teacher was unable to carry out a lesson plan for a day. "...teachers...are hired to teach..." (FindLaw, 2008) was the main point and any real-world issues should be left out of classroom discussions if there were any fear that conflict could result. In the opinion of these two justices, there was some level of "disruption" in the school, and enough for these justices to find that the school was within its right to suspend the students until they agreed to return without the armbands.

This case is relevant in today's schools because there are many current events that are happening around the world that enter into the minds of the learners. It is presumptuous to think that simply because a lesson plan was interrupted, or that learners were ridiculing each other, that a teaching moment did not exist. Dealing with social conflict, whether in school or in real life, is a crucial skill that individuals need to learn. Thompson, Aranda, Robbins and others made a distinction between "emotional" and "cognitive" conflict (2000, p. 218) stating that the former is counterproductive while the latter is more productive since it requires respecting various viewpoints and working through different opinions when searching for common ground. The war in Iraq, for example, creates many opportunities for the English-language learner to produce (spoken or written) language that provides different perspectives, feelings, interpretations, and explanations that foster interesting communication. The educator's job is to create a safe space for the learner to have the confidence to state an opinion without fear of being ridiculed within the classroom. By managing conflict within the classroom, students learn how to respect opposing viewpoints, which is an important skill that certainly has relevance beyond the classroom as well. Regardless of the subject being taught, educators can take current events that learners are passionate about and design learning environments that create big ideas that transfer to a multitude of contexts.

A high school senior called the teacher a faggot.

A high school senior calling a teacher a faggot is not protected by the First Amendment in most cases. This action goes beyond the right to impose hate speech codes in schools because in most cases, it is likely to cause disruption in the classroom. A high school senior is a young adult that has the maturity to know that this is an attack on the teacher's sexual preference is intimidating, threatening, and even could be considered fighting words depending on the personality and disposition of the educator. An exception might be if the high school senior is found mentally challenged and without the intellectual maturity to realize the complete impact of the expression.

The student is wearing a button, which has a racial slur on it.

Nonverbal communication is generally protected under the First Amendment if it does not interfere or disrupt classroom activities. In some cases it is not clear for schools to determine exactly what types of nonverbal communication may cause a disruption and what types do not, but in virtually all cases a racial slur would be considered a fighting word. Racial slurs can be intimidating, threatening, and certainly interfere with normal classroom activities in most cases. An individual's right to wear a button with a racial slur is not protected under the First Amendment because even if it fails to directly create a disruption in the classroom, it more than likely will draw national attention in recognizing that such a lack of respect for another race has no place in the American school system.

The student refers to the principal as incompetent in a graduation speech.

A student referring to the principal as incompetent is protected by the First Amendment. Generally, criticisms that are disrespectful or that interfere with classroom activities are deemed unprotected by the First Amendment. As mentioned earlier, there is often a fine line what is "disruptive" even among the justices that hear the case. But when a student simply expresses a criticism of a principal in a non-vulgar way, at a graduation speech which is unlikely to cause any disturbance within the school, the right to do so is protected.

A high school senior calling a teacher a faggot, a student wearing a button which contains a racial slur, and a student who refers to the principal as incompetent relate to the "Tinker el al. v. Des Moines Independent Community School District et al." case by drawing a line (although not always well-defined) when expression causes a disruption in school. The disruption distinction should not be equated to discordance, since courts view working through disagreements among individuals as a reason why we have the First Amendment in the first place. "Hate Speech" codes legally limit expression if they specific define the types and forms such as "fighting words, threats, intimidation, or speech that causes substantial disruption" (Fischer, Schimmel, and Stellman, 2007, p. 151). In today's classroom, a lot of what constitutes a "fighting word" or a "threat" has to do with how educators prepare students in resolving conflict. Having respect for those who are different and learning how to work with others is a responsibility all schools should have in making our school system not just legal, but more importantly, ethical.

References

FindLaw. (2008). Tinker et al. v. Des Moines Independent Community School District et al. Retrieved on January 7, 2008 from  http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=393&invol=503

Fischer, L, Schimmel, D., and Stellman, L. (2007). Teachers and the Law. New York, NY: Pearson.

ThisNation.com. (2008). U.S. Supreme Court: Tinker et al. v. Des Moines Independent Community School District Et al.393 U.S. 503. Retrieved on January 4, 2008 from http://www.thisnation.com/library/tinker.html

Thompson, L., Aranda, E., Robbins, S. and others. (2000). Tools for Teams: Building Effective Teams in the Workplace. Boston, MA: Pearson Custom Publishing.

Touro Law. (2008). Tinker et al. v. Des Moines Independent Community School District et al. Retrieved on January 4, 2008 from http://www.tourolaw.edu/patch/Tinker/
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Due Process in the Fifth and Fourteenth Amendments

January 26, 2008

This essay looks at the differences between the Fifth and Fourteenth Amendments within the educational environment. Procedural and substantive due processes are contrasted as they pertain to tenured and probationary teachers. School administrators wishing to improve teaching and learning find that careful procedures should be followed to dismiss teachers who repeatedly fail to increase student achievement. Instead, mentoring programs become an alternative option. Whether the mentoring approach is more effective than simply hiring and firing teachers as needed or not remains to be seen.

Maintaining the educational integrity of a school district requires an understanding of the legalities of imposing disciplinary actions towards teachers. The Fifth and Fourteenth Amendments of the US Constitution provide protection under due process that give teachers legal rights when being suspected or charged of committing a crime. Understanding the differences between these two amendments also clarifies the distinction between substantive and procedural due process, which is significant when considering the termination of tenured versus probationary teachers. Knowing teachers' rights under due process allows administrators, students, and parents a better understand as to the best way of legally filing cases against teachers who are suspected of conducting illegal acts.

The Fifth and Fourteenth Amendments

The Fifth Amendment is part of the Bill of Rights that states that a person is protected from self-incriminated, is allowed Grand Jury proceedings, and may not be deprived of life, liberty, and property (FindLaw, 2008). Due process under the Fifth Amendment states that certain procedures must be followed to assure that the rights of the accused are protected. In education, grievance codes dictate procedures that administrators and faculty must follow when seeking justice. McCabe (1998) analyzed the grievance codes of five universities and found that although the actual procedures differed, they all sought to resolve grievances expediently, first through informal means (i.e., mediator) and then through formal judiciary proceedings if required. Like the Fifth Amendment, the Fourteenth Amendment includes due process protection but differs in its jurisdiction and in distinguishing between substantive and procedural due processes.

Unlike the Fifth Amendment, which is imposed at the federal level, the Fourteenth Amendment extends due process protection to the states. Substantive and procedural due processes were clarified to draw a difference between life, liberty, and property protection and procedural protection respectively. Substantive due process has been scrutinized over the years how much power should be given to the judicial system in determining whether liberties have been violated. In recent times, the courts have granted individual states power in determining substantive due process jurisprudence.

Courts use a "shocks the conscience" benchmark when determining when to impose due process under the Fourteenth Amendment in public schools. Wheeler and Irick (1997) discussed how the Collins v. City of Harker Heights case put the substantive due process above the procedural due process jurisprudence when the judge had to determine first whether "the plaintiff's harm was caused by a constitutional violation". It was held that the injury did not "shock the conscience" because it was "traditionally governed by state law" (Wheeler and Irick, 1997). In other words, the courts leave many tort law violations up to the states when there typically is a precedent or state statutes traditionally handle such violations.

Apart from substantive due process, procedural due process has much significance in public schools when it comes to terminating employment. State laws generally override school policies (Fischer, Schimmel, and Stellman, 2007) which administrators must follow when terminating a teacher's employment. Any deviation of state laws or school policy can be grounds for a lawsuit. For example, some states require that teachers be given two notices when pursuing the termination of employment. The first notice is to outline the deficiencies in order for the teacher to have time to rectify the situation. The second is to present the termination letter should the teacher fail to improve upon the deficiencies. In termination employment, tenured and probationary teachers are not always handled in the same way.

Weeding out poor teachers in today's schools often implies various considerations depending on whether the teachers are tenured or probationary. Fischer, Schimmel, and Stellman (2007) stated that tenured teachers have a "reasonable expectancy" to a "continuous contract", which is considered a "property" right. This "property" right falls under the substantive due process where the actual procedure that is imposed to protect this right is considered a procedural right. In contrast, "probationary teachers have no continuous contract and therefore cannot make a claim to a property right..." (Fischer, Schimmel, and Stellman, 2007, p. 231). Drawing a distinction between tenured and probationary teachers determines how due process can be carried out. School administrators have made efforts to try to fire tenured teachers who fail repeatedly to raise student test scores (Honawar, 2007). But Honawar (2007) went on to explain that mentoring is a better solution since only "one-hundredth of 1 percent of [New York City's] teachers are fired for incompetence in a typical year". One could argue that mentoring programs and their benefits are really only a result of strict due processing laws that force administrators to do with what they have. Without current due processing laws, how many administrators would pursue mentoring programs to help improve underperforming teachers?

Distinguishing between procedural and substantive due processes, as each pertains to the Fifth and Fourteenth respectively helps draw contrasts between tenured and probationary teachers. Tenured teachers are entitled to a "reasonable" expectation of a "property" right. This entitlement has serious implications in how much control administrators have in maintaining good teachers. Although substantive due process in many cases forces administrators to implement mentoring programs, it also results in a more prolonged educational improvement process. Moreover, focusing on test scores only does not necessarily mean administrators are focusing on student achievement. The Fourteenth Amendment benefits the teacher in providing a certain level of employment protection as well as a degree of professional development, both of which are positive elements within an educational system.

References

FindLaw. (2008). Fifth Amendment – US Constitution. Retrieved on January 19, 2008 from  http://www.answers.com/topic/amendment-v-to-the-u-s-constitution?cat=biz-fin

Fischer, L, Schimmel, D., and Stellman, L. (2007). Teachers and the Law. New York, NY: Pearson.

Honawar, V. (2007, December 7). New York City Taps Lawyers to Weed Out Bad Teachers. Educational Week, 27(14), pp. 13-14.

McCabe, D. (1998, November). Due Process Procedures in Faculty Grievance Codes. Journal of Business Ethics, 17(15), p. 1653.

Wheeler, T., and Irick, J. (1997, July). Advocacy, practice, and procedure committee. Defense Counsel Journal, 64(3), p. 414.
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Rights of Students with Disabilities

February 7, 2008

This essay discusses how current law addresses due process as it pertains to students with disabilities and how efforts between administrators, educators, and parents are needed when developing individual educational plans (IEP). The least restrictive educational alternative and the appropriate educational opportunity are compared and contrasted as IEPs are developed that are best suited for the student. Moreover, special disciplinary processes are afforded to students with disabilities through limited suspension and expulsion penalties in an effort not to "over punish" students that already experience a number of obstacles to learn already.

During an interview with the department head of a local university language department, certain parallels exist between how Mexico English language learners with disabilities are treated and those with disabilities living in the United States. He explained a case with an ex-student who required special assistance with speaking and getting around the university in his wheelchair (personal communication, February 5, 2008). The equivalent to an individual educational plan (IEP) was developed that included a microphone and speakers that enabled the learner to be heard adequately in his classes. With assistive technology devices (Fischer, Schimmel, and Stellman, 2007), the learner who had difficulty in speaking loud enough to be heard could use devices that allowed him to participate in a least restrictive alternative program (Fischer, Schimmel, and Stellman, 2007).

Another case was described during the interview with the department head pertaining to one learner who needed psychiatric help. The learner was involved in a car accident in Mexico City in route to a university-sponsored convention. The learner later suffered from periods of sleeplessness and distress which interfered with his studies. The department head contracted a psychologist to assist the student in getting over his trauma (personal communication, February 5, 2008), which could be considered the equivalent to providing related services under the Individuals with Disabilities Education Act (IDEA).

Public Law 94-142, now known as the Individuals with Disabilities Education Act (IDEA), was passed into law in 1975 to provide learners with disabilities the opportunity to a free and public education (Jiménez, Graf, and Rose, Fall 2007). Due process under IDEA is of great interest to parents who now by law have access to information regarding their children's education. There are specific procedures that schools must follow to assure that parents understand and take part in developing an IEP that best suits the disabled learner. Often, this involvement reflects how parents and schools interpret the benefits of an inclusion program for the disabled.

Least Restrictive Educational Alternative versus Appropriate Educational Opportunity

When considering an IEP, administrators, educators, and parents must decide what kind of education is most appropriate for the disabled learner. To make this determination, school administrators and parents should examine how the educational opportunity will benefit the learner's cognitive, social and behavioral development; how the non-disabled classmates will be affected; and the overall cost of implementing the IEP in an inclusion program (Fischer, Schimmel, and Stellman, 2007). If both the school and the parents agree that the appropriate educational opportunity entails including the learner into mainstream classes, then the next step is to determine the least restrictive educational alternative.

The least restrictive educational alternative allows the disabled learner to participate in as many mainstream courses as possible. Briggle pointed out how both families of deaf children and the children themselves share commonalities with those who are hearing when it comes to language development (2005). Briggle pushed to integrate the deaf or hearing impaired into an all-inclusive program that used what Jiménez, Graf, and Rose call a universal design for learning (2007). The least restrictive educational alternative seeks to integrate the disabled learner into mainstream classes as much as possible, and if it is not possible, the learner enters a school that addresses the learning disabled only. If a learner enters a school that is completely outside mainstream classes, then the appropriate educational opportunity is one that does not include the least restrictive educational alternative. In other words, the least restrictive educational alternative does not necessary mean it is the most appropriate educational opportunity.

Exclusion, functional exclusion, and change in placement are similar in that each is a result of a failed attempt to include learners with disabilities into mainstream classes. Exclusion places learners in schools designed for disabled children. Functional exclusion results when learners with disabilities remain in mainstream classes without any assistance to their own individual learning needs and as a consequence results in a defunct learning experience. A change in placement is a form of corrective measure that seeks to change the learning environment to better suit the learner with the disability. Exclusion, functional exclusion, and change in placement require schools and parents to work together in finding the most appropriate opportunity for the learner with disabilities.

Suspension

Currently, long-term suspensions are avoidable for learners with disabilities that commit dangerous behavior. However, through proper due process, schools and parents may reevaluate the learner's IEP to evaluate whether a change will modify the behavior. In the case of expulsion, the Supreme Court generally rules whether educational services must continue (Fischer, Schimmel, and Stellman, 2007).

Conclusion

Students with disabilities are protected from unfair treatment in schools through various laws and practices that involve a joint effort between school administrators and parents. Administrators and parents work together to develop an individual education plan that provides students with disabilities with the most appropriate educational opportunity. Often, students are included into mainstream classes through a least restrictive educational alternative to better develop social, cognitive, and behavioral competences. When discipline is required, due process becomes of great importance since long-term suspension or expulsion is generally not imposed. By law and through efforts between school administrators and parents, students with disabilities now enjoy more learning opportunities that seek to teach the whole child.

References

Briggle, S. (Winter, 2005). Language and Literacy Development in Children Who Are Deaf or Hearing Impaired. Kappa Delta Pi Rec 41(2), pp. 68-71.

Fischer, L, Schimmel, D., and Stellman, L. (2007). Teachers and the Law. New York, NY: Pearson.

Jiménez, T., Graf, V., and Rose, E. (Fall, 2007). Gaining Access to General Education: The Promise of Universal Design for Learning. Issues for Teacher Education, 16(2), pp. 41-54.
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Parent Choice, Vouchers, and Public Education

February 18, 2008

This essay presents a case against school choice that would eliminate magnet schools, charter schools, and school vouchers. Legal aspects that deal with alternative education choices, such as homeschooling are proposed that rely heavily on state statute. It was concluded that all public funding for education be allocated solely to traditional public schools to build equities among all learners regardless of race, religion, gender, or disability. Moreover, the federal government would provide for the majority of the total funding and would have more control over how funds are appropriated at the state level. This proposal creates more funding control to the federal government but retains pedagogical and administrative control at the state level.

A school voucher system remains a hot topic today among parents, school administrators, teachers, teacher unions, and politicians and hinges on the belief that parents should have the right to choose where their child should receive an education. Like other social issue debates (i.e., abortion, gun control, smoking in public places, etc.), school vouchers is really about whether the freedom of choice fosters a positive outcome on society as a whole. A freedom of choice is a cultural belief held by virtually every American and transcends all socioeconomic boundaries, which is why the school voucher debate is so hotly contended. Currently, parents have the legal right to choose between a public or private education, which also includes choosing between magnet schools, charter schools, and homeschooling. A school voucher system is yet one more choice some believe to be a better way in controlling a child's education but fails to address the real problem of adequately improving the public educational system, specifically teacher training and updating infrastructures in current or newly formed schools.

School Choice

School choice is seen by some as a viable option to educating learners K-12. Godwin and Kemerer (2002) stated that student learning involves student characteristics (i.e., interests, attitudes toward education, and skills and talents), family characteristics (i.e., time investments in the child's education, parent's teaching skills, parents attitudes toward education, intact family, and stable home environment), peer characteristics (i.e., average skill level, attitudes towards education, and level of violent behavior), and school attributes (i.e., public or private, curriculum, teacher attributes, teacher expectations, and sense of community). Often, the choice for changing schools is made more on the basis of school attributes and less on student, family, and peer characteristics. From a legal standpoint, "...parents have the right to guide the upbringing of their children, [but]...states and boards of education have the power to make and enforce reasonable regulations for the efficient and effective conduct of schools (Fischer, Schimmel, and Stellman, 2007, p. 413). These two opposing viewpoints can create conflict with what parents feel is right for their child and what the school district feels is best to include in the curriculum. Although court cases have resulted, many parents feel it best to exercise their right to simply change schools. Common school choices include magnet schools, charter schools, school vouchers, and homeschooling.

Magnet schools

Magnet schools are thematically based and tend to specialize in certain areas of learning (i.e., music, language arts, etc.). Admission is often fierce and student bodies do not always reflect the community population. Howell and Peterson (2006) claimed that admission requirements in Chicago's North Side College Prep Magnet school avoid skimming mainly because it only accepts about 13% of total applicants, which resulted in a higher white population that is represented throughout the local community population as a whole. As the average skill level among peers increases the perception is that so too does the effect on learning. What some may not consider are Godwin and Kemerer's (2002) other two factors of peer characteristics: attitudes towards education and level of violent behavior. There is evidence that supports magnet schools do increase student achievement (Hochschild & Scovronick), while other evidence claims these achievement increases are due to "magnet school spending, which often is several hundred dollars more per pupil than in traditional schools" (Hess & Finn, Jr., 2004, p. 26). One might question whether the same increase in achievement might result if those dollars were spent in public schools, and whether this type of choice school is the preferred choice considering the percentage of students that are turned away due to high admission requirements.

Charter schools

Charter schools are another choice for parents seeking to give an educational alternative to their children. These schools are treated in many ways as a business. A charter is a list of rules or a kind of mission statement that states the overall purpose of the school. Charter schools tend to consider parents as the "boss" and students as the "product", while the overall focus remains on innovation, efficiency, and effectiveness within the education design. Since charter schools are based on a particular mission or objective, they are not generally aimed towards all potential students (Smith, 2001). This appears to be a contradiction since the original idea of a public school was to collect public money to provide an education to the general public (not to a specific group). Nevertheless, charter schools have grown in popularity over the years (see table one) although as of 2007, they still only represent 2 percent of total enrollment (National Alliance..., 2008).

Charter school authorizers, or sponsors, have much influence on whether a school succeeds or fails. Authorizers vary in how participative they are in holding schools accountable for reaching policy goals. Bierlein (2007) listed three essentials in order for authorizers to do their job well: (a) "They desire to be authorizers", (b) "They are relatively insulated from politics (so they can make data-driven decisions)", and (c) "They have the ability to develop infrastructure (focused primarily on outcomes, not just traditional compliance)". Depending on the state, authorizers may be composed of state chartering boards, other universities, nonprofit organizations, municipalities, and state, regional or local boards. Of all the types of authorizers, Bierlein (2007) listed state chartering boards as the most preferred.

Vouchers

School vouchers provide parents with a choice in where their children receive an education. Similar to magnet and charter schools, school vouchers are paid for by the government and issued to parents to be used at the school of their choice, which provides an alternative to traditional public schools that commonly have a resident requirement. The logic behind the voucher system relies on what Howell and Peterson (2006, p. 16) referred to the "social capital theory". The theory revolves around the importance of community and its positive influence on learning. This is similar to Godwin and Kemerer's (2002) views mentioned earlier as they pertain to peer and school characteristics that also influence learning. Since parents can choose where their students may attend school, the more affluent communities that have a history of supporting education then become the target. Desegregation becomes more prevalent and learners begin to have more opportunities to meet classmates from different cultural backgrounds. However, in more realistic terms, vouchers fall short of achieving these aims.

The voucher system harms public schools, creates inequities, promotes racial segregation, threatens democratic control, violates the separation of church and state, and gives too much power to parents (Moe, 2001). Transferring children to other schools with vouchers perhaps creates a better learning environment for the transferee, but it also is a loss for the public school that is losing a learner. The loss in revenue and the loss associated with changing the social dynamic of the learning environment fail to promote the infrastructure and social capital of the school. Thus, inequities continue to spread between the "haves" and "have nots". The same argument for promoting racial desegregation also provides an argument for promoting racial segregation. Because commuting learners to other schools and uprooting families to more affluent districts can be costly, low-income minorities may not have the same opportunities to participate in voucher programs. Giving power to the parents to choose schools creates a less democratic offering since some schools may need to turn away students who fail to have the infrastructure to meet student demand. When schools turn away learners, then the selection process in determining who attends and who does not becomes under scrutiny. Finally, providing public funds for vouchers that give parents the choice of sending their child to a religious school is unconstitutional. Recent cases support many of these opposing views against vouchers that usually divide parents between the more affluent parents to those of lower income.

In Utah, voters recently vetoed legislation that would provide vouchers to all learners, regardless of income level. "The NAACP contented that the funds [used for vouchers] would be better spent on improving the public school system by addressing the imbalance of resources" (Bradley, 2008). This viewpoint is the basis for opposing vouchers since public funds are being used to provide a certain group of learners better learning opportunities than others. The disparity that results from school vouchers hurts the lower class the most. Instead, a public education that is properly supported by the community provides the best learning opportunity for its residents.

Public Education and Alternatives

Finding new ways of increasing the dollars spent per student in public schools should remain the objective of the federal government given that 90% of American students still attend the traditional public school and that evidence still suggests that large effects on public schools due to choice schooling have largely been unchanged (Peterson and Campbell, 2001). The basis of public education is to use public funds (taxpayers' money) to provide all its residents with an equal opportunity for a good education. The majority of public school funding should come directly from the federal government, which the states would allocate to their respective districts according to need. Paperwork would be streamlined to cut down on bureaucratic processes so not to interfere with changes to school policy, and public funds would support public schools that only allow students to attend who are residents of the district. The only "choice schools" would be private schools that would be truly private from any governmental assistance. Finally, a governmental oversight committee would provide "audits" that would verify that states are fairly allocating federal funds to low-income districts. Since school funding is more equitably distributed throughout the country, schools would have more resources available in assuring that students were meeting the standards set by the No Child Left Behind Law (NCLB).

The NCLB law contains four pillars that are mostly inconsistent in properly addressing the support required to improve public schools: (a) stronger accountability for results, (b) more freedom for states and communities, (c) proven education methods, and (d) more choices for parents (U.S. Department of Education..., 2008). Making schools more accountable is certainly a viable endeavor but without the funds needed to build a proper infrastructure and teacher training and development, it is doomed to create problems in low-income school districts. Funding for providing "more freedom for states and communities" increases funds but is not enough and should be directed solely to public schools. Supporting educational methods based on research promotes teacher development in theory, but largely depends on the efforts made at the district level. Finally, and as previously mentioned, choices for parents as choice schools are not the answer when they pertain to magnet schools, charter, schools, or school vouchers. One exception, however, is a parents' choice to provide their child an education through homeschooling.

At the state level, publicly supported education is a right and is provided at no cost to all Americans. Over the years, some have challenged other alternative forms of education, one being homeschooling. Fischer, Schimmel, and Stellman (2007, p. 405) stated that "all states allow for alternatives to public schools as long as such alternatives are 'equivalent' in scope and quality". The "equivalent" distinction is usually what brings cases to court. Parents educating their children may be required to prove their teaching credentials if states adhere to a strict interpretation of the law.

Conclusion

School choice for parents is a right currently shared by many families around the country as magnet schools, charter schools, school vouchers, and home schooling. The NCBL provides this choice along with holding schools accountable for meeting certain standards, but the right to choose is at the determent of the traditional public school. Instead of public schools being a community agent (Mathews, 2002, p. 24), they instead are given standards to meet but without the resources (financial and social capital) to achieve these standards.

Public schools are best served by changing the current system that focuses resources on the public school. Eliminating magnet schools, charter schools, and all forms of school vouchers shifts federal funds to much-needed public school districts. Moreover, the federal government would pay the majority of all public school funding and would allocate expenditures to states that needed them the most. Within each state, allocations should be also based according to need. The focus is to build equities within the school districts so that all students have an equal opportunity to learn. Public schools would only allow residents to attend so that the community would begin to play more of a role, thus a responsibility, in the public school. That is, the public school and the community would be "partnership" in working together for the betterment of the community. Finally, public school networks could be established that provide the sharing of "best practices" among educations in a continual effort to improve teaching and learning. The premise of this change is simple: collecting taxes for public education is nondiscriminatory, and so should the educational system that it provides, regardless of race, religion, gender, or disability.

References

Bierlein Palmer, L. (December 2007). The Potential of 'Alternative' Charter School Authorizers. Phi Delta Kappan.

Bradley, J. (2008). School Voucher Referendum Defeated in Utah. Crisis, 55(1), p. 52.

Fischer, L., Schimmel, D., and Stellman, L. (2007). Teachers and the Law. New York, NY: Pearson.

Godwin, K. and Kemerer, F. (2002). School Choice Tradeoffs: Liberty, Equity, and Diversity. Austin, TX: University of Texas Press.

Hess, F. and Finn, Jr., C. (2004). Leaving No Child Behind? Options for Kids in Failing Schools. New York, NY: Palgrave Macmillan.

Hochschild, J. and Scovronick, N. (2004). The American Dream and the Public Schools. New York, NY: Oxford University Press.

Howell, W. and Peterson, P. (2006). The Education Gap: Vouchers and Urban Schools. Washington D.C.: Brookings Institution Press.

Mathews, D. (2002). Why Public Schools? Whose Public Schools? What Early Communities Have to Tell Us. Montgomery, AL: NewSouth Books.

Moe, T. (2001). Schools, Vouchers, and the American Public. Washington D.C.: Brookings Institution Press.

National Alliance for Public Charter Schools. (2008). Retrieved on February 11, 2008 from  http://www.publiccharters.org/content/publication/detail/2147/

Peterson, P. and Campbell, D. (2001). Charters, Vouchers, and Public Education. Washington D.C.: Brookings Institution Press.

U.S. Department of Education: Promoting educational excellence for all Americans. (2008). Retrieved on February 16, 2008 from http://www.ed.gov/nclb/overview/intro/4pillars.html
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#  Curriculum Trends

March 14, 2008

This essay presents the progressivism educational theory as a current trend that provides an alternative and complement to the essentialism philosophy. Currently, high-stakes testing, accountability, and standards pressure educational stakeholders to improved test results at the detriment of improved learning outcomes. This has created a renewed interest in progressivism that focuses more on alternative assessment methods, open-ended problems, and problem-based learning that collectively promote critical-thinking skills. Authentic learning allows both collaborative and cooperative social constructs that mirror experiences in the real world. Big ideas that transfer to various domains allow learners from various socio-economical backgrounds to better internalize information learned in school. The future holds a renewed interest in progressivism as a way to build understandings while still meeting state standards required by law.

A popular curriculum trend today is the progressivism educational theory. Some of the main contributors of the progressivism educational theory include John Dewey (pragmatism), Jean-Jacques Rousseau (education based on students' interests), Johann Pestalozzi ("learning by doing"), Friedrich Froebel (readiness materials, kindergarten originator), and Johann Herbart (mental immersion)(Wiles and Bondi, 2007, p. 12). This trend has gained in popularity as of late due to the focus on standards-based education. Since the No Child Left Behind (NCLB) law was enacted in 2002, educators have pursued an alternative form of teaching and learning through the progressivism educational theory to complement curriculum, assessment, and instructional practices that focus more on learning than on test results.

Purpose

The purpose of progressivism as a theory of education is to provide an alternative to the traditional forms of education. Whereas neo-essentialism emphasizes "academic skills and subjects", progressivism emphasizes "open education, inquiry-based learning, and collaborative learning, projects, process learning, authentic assessment, and constructivism" (Gutek, 2004, p. 299). Gutek also stated that progressivism has a "three-pronged agenda: (a) remove the formalism, routine, and bureaucracy that devitalized learning in many schools; (b) devise and implement innovative methods of instruction that focus on children's needs and interests; and (c) professionalize teaching and school administration" (2004, p. 296). Since many learners in the United States come from a variety of socio-cultural backgrounds, progressivism offers a level of flexibility in how learning is applied. The assumption is that not all students learn the same way; therefore, educational designs must present educational opportunities in a variety of forms.

Progressivism is used in most schools in conjunction with standard-based learning. Many educators feel that state standards fail to accurately evaluate the progress of learners overall, especially learners with disabilities and English language learners. To better address the needs of all learners, the progressivism educational theory offers a complement to standard-based learning in all areas of educational design: curriculum, assessment, and instruction. Because the tendency in an essentialism learning environment (standards focus) is to concentrate more on standardized test results than on learning outcomes, educators tend to avoid progressivism for fear that doing so takes away from class time which would be better spent on test preparation. This misnomer lies at the heart of the debate over traditional and contemporary philosophies.

Benefits

Contrasting traditional philosophies (i.e., perennialism, essentialism) with contemporary philosophies (i.e., progressivism and reconstructionism) exemplifies the benefits of progressivism. Ornstein, Pajak, and Ornstein juxtaposed learning attributes by stating that traditional learning emphasizes cognitive learning (discrete knowledge and competencies) while contemporary philosophy emphasizes experiential learning based on the interests of the holistic learner (2007). Experiential learning that is based on the interests, needs, and learning styles of the learner diversifies learning thus reaching out to a wider range of learners. Instead of "teaching towards the middle", progressivism allows for collaborative learning whereby stronger students match up with weaker learners in a mentor fashion. Similarly, cooperative learning is also practiced that matches up learners with similar academic levels. Given the variety of educational designs that are associated with progressivism, learning activities become more engaging and effective.

Characteristics. Progressivism contrasts the traditional standard-based education as it pertains to instructional objective and curriculum focus. Instead of focusing just on reading, writing, and arithmetic, learners are encouraged to learn about social living which is based on the interests of the learner (Ornstein, Pajak, & Ornstein, 2007). A paradigm shift in instructional approaches presents the teacher not only as a didactic instructional leader but also as a facilitator and coach (Wiggins & McTighe, 2007). As a result, the learner takes on more of an active role in the learning process by using cognitive, metacognitive, and affective means to achieve classroom objectives.

In summary, progressivism contributes to the overall curriculum design by shifting the teacher's role to a more facilitative role that respects the differences in interests, needs, and learning styles of each learner. Experiential learning through constructivists activities provide a more open-ended, authentic learning design that invites varying perspectives and interpretations among learners. The need for progressivism will continue to be of greater importance in the future especially if the No Child Left Behind law continues to expand. Standards-based education addresses basic education but fails to teach the whole child. A holistic approach to learning benefits the learner to better cope with societal obligations, and it simulates a more real-world approach to learning that engages and promotes a more effective educational environment. The progressivism educational theory will likely outlast the current trend of standards-based theory (currently linked to essentialism) until society recognizes that learning outcomes is at the heart of what an educational system is all about. The shift will be a realization that standards can be reached but through a more progressive approach that includes not only the "three Rs" but also courses in humanities, alternative forms of assessment (i.e., rubrics, portfolios, self-assessment, informative assessment methods, etc.), and curricula that addresses product and process outcomes.

References

Gutek, G. (2004). Philosophical and Ideological Voices in Education. New York, NY: Pearson.

Ornstein, A., Pajak, E., & Ornstein, S. (2007). Contemporary Issues in Curriculum. New York, NY: Pearson.

Wiggins, G., & McTighe, J. (2007). Schooling by Design: Mission, Action, and Achievement. Alexandria, VA: Association for Supervision and Curriculum Development (ASCD).

Wiles, J., & Bondi, J. (2007). Curriculum Development: A Guide to Practice. Columbus, Ohio: Pearson.
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Visionary Leadership Trends

March 22, 2008

This essay presents a curriculum proposal that address the future needs of learners. This curriculum is based on a "typical" American classroom, one that contains a diverse group of learners each having individual needs, interests, and learning styles. A multileveled mission statement, vision statement, goals, and objectives are illustrated so that instructional and assessment practices guide learners to meet these desired results. Creativity and critical thinking through experiential learning is encouraged at all levels to better assure that learners are encouraged to develop their strengths and reflect on their weaknesses. Finally, an assessment plan involving internal and external bodies better assure that such a curriculum is successful through careful monitoring practices at the planning, implementing, and the assessment stages.

Personal background. My experience in education includes working as a university instructor for pre-service English language learners (bachelor's degree in English language training) in the country of Mexico, and as a coordinator for a language program for university students who need to complete a foreign language exit exam to obtain their degree. The coordinating position includes managing more than 30 teachers and over 1,000 language learners in the following languages: English, French, Italian, and German. I hold a bachelor's degree in Business Administration with an emphasis in accounting, a Master's degree in curriculum and instruction: technology, and am pursuing a doctoral degree in instructional and curriculum leadership.

I was chosen based on my experience working with Hispanic English language learners and my understanding of Mexican culture. Having lived in Mexico for over eight years has allowed me to improve my Spanish and understand common cultural tendencies as they related to education and society as a whole. Although the Mexican culture is only one of many that make up a pluralistic American classroom, it has provided me with a level of cultural sensitivity required when planning a new curriculum within the American school system. Also, my business background has allowed me to teach business English (English for specific purposes) which requires a more sheltered form of instruction when it comes to making content more comprehensive to English language learners – an additional important element to today's curriculum in the United States.

Educational needs. Schools have an obligation to provide educational designs that cultivate critical and creative thinking among learners based on individual socioeconomic backgrounds. In an era of standards and high-stakes testing, the importance of holistic learning through humanistic means has never been so imperative. All learners, including those with disabilities and whose first language is not English, deserve educational opportunities that provide the same chances of being lifelong learners in a technologically rich modern society. Moreover, a global society has created an even more important need for diverse immersion programs that provide opportunities for learners to share experiences in different parts of the world. To meet the needs of a diversified classroom, educators need to be versed in the implementation of differentiated instruction.

Classroom objectives need to focus on the interests, needs, and learning styles of all learners through the building of enduring understandings that encourage interdisciplinary transfer. Alternative forms of assessment would recognize various forms of student achievement as each learner progresses from lesson to lesson. Teachers would implement social, emotional learning which respects multicultural backgrounds as opposed to marginalizing those who are different from the target culture. Addressing these educational needs, thus provides multicultural learners the knowledge, skills, and sensitivities to enter the professional world in a more productive way.

Problem

With state standards at the helm of most curricula today, behavioral objectives tend to focus on narrow performances that limit the amount of evidence of student achievement teachers collect. Instead, building understandings through a multifaceted classroom dynamic should cultivate a myriad of assessment practices that evaluates student learning. For example, using only summative assessments does little to direct instruction in areas that need more work. Instead of relying on a single "photo" of a learner's understanding, an entire "photo album" better illustrates a learner's level of understanding. This "photo album" would include formative assessment and alternative forms of assessment that includes observations, student portfolios, rubrics, and self-evaluation practices.

Mission statement

The mission of the Moodle School District is to develop all students as lifelong learners through critical and creative thinking competencies that collectively better prepare them to be productive members of society.

Goal and objectives

The goal for school learning includes the following principles (Wiggins and McTighe, 2007, pp. 113-114):

  * Fluent and flexible transfer of knowledge and skill are part of every course

  * Engaging and effective learning are encouraged

  * Understanding big ideas that connect discrete facts with experiences that can be transferred to new situations.

  * Developing understandings exist through experiential learning

  * Class objectives are made clear (big ideas, things to know and be able to do, and things worth being familiar with)

  * Learner feedback is provided in a formative manner

  * Learner self-assessment allows for self-adjustment when applying to new situations

  * Learner creativity and critical thinking is encouraged and practiced

  * Learning is practiced in a differentiated way based on learners' interests, needs, and learning styles.

Staffing and in-service objectives will include the following:

  * Staff will know how to create enduring understandings through big ideas based on state standards

  * Staff will understand how to achieve big ideas through various forms of pedagogical practice (i.e., concepts, themes, ongoing debate and points of view, paradoxes, theories, underlying assumptions, recurring questions, and principles).

  * Staff will understand how to incorporate the six facets of understanding (e.g., explanation, empathy, application, interpretation, perspective, and self-knowledge) within assessment methods.

  * Staff will understand how to incorporate the six facets of understanding with instruction methods.

  * Staff will understand how to incorporate WHERETO (i.e., [W]where, why, and what; [H] hook and hold; [E] equip; [R] rethink and revise; [E2] self-evaluate and reflect; [T] tailor-made instruction and assessment; and [O] organize and sequence lessons) within personal instructional methods (Wiggins and McTighe, 2006)

  * Staff will understand how to incorporate all aspects of the Sheltered Instruction Observation Protocol (SIOP) within content courses.

Learning objectives will include the following:

a) Learners will understand enduring understandings that focus on big ideas that transfer to various disciplines

b) Learners will achieve content and language objectives (as required) through explanation, interpretation, application, various perspectives, empathy, and self-knowledge

c) Learning concepts will be reinforced in a spiral design (vertical) and in an interdisciplinary way (horizontal).

Resources and assessment plan. To facilitate the new curriculum in is planning, implementation, and evaluation, a curriculum management plan (Wiles & Bondi, 2007, p. 100), or CMP, will be used. Teachers will be part of the planning effort since they will be directly effected by the curriculum change, plus it gives teachers more of a vested interest since their voices will be heard. Considering a needs analysis given the overall demographics of the student population, a coordinating committee will assign subcommittees to begin the design, program development, and the in-service staff development necessary to assure a greater probability for success. A budget will include all expenditures associated with the all stages of curriculum implementation such as materials, consulting, and infrastructure. An assessment committee will oversee the completion of milestones to assure that the implementation progresses as planned.

Benefits/rationale

The benefits for creating a district-wide curriculum that differentiates understandings in a cross-disciplinary manner provides each learner a greater level of success in meeting individual goals. Differentiated enduring understandings designed to apply to various contexts will help learners transfer meaning as they internalize concepts and principals. Learner needs, interests, and readiness will direct how products, processes, and resources are presented in multiplicity of ways so that all learners receive the appropriate comprehensive input they need to excel academically and socially.

References

Wiggins, G., and McTighe, J. (2006). Understanding by Design. Upper Saddle River, New Jersey: Pearson.

Wiggins, G., and McTighe, J. (2007). Schooling by Design. Upper Saddle River, New Jersey: Pearson.

Wiles, J. & Bondi, J. (2007). Curriculum Development: A guide to practice. Upper Saddle River, New Jersey: Pearson.
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Three-Minute Walkthrough

March 29, 2008

Three-minute walkthrough checklist (Downey, Steffy, English, Frase, & Poston, 2004):

1. Teacher assumes role of lecturer, facilitator, and coach (Alder, 1982)

2. Big ideas are explicit (supporting content and language objectives) (Wiggins & McTighe, 2006)

3. English is taught under a variety of contexts (transferability of big ideas)

4. Learning activities are engaging (actively participating) and effective (activities achieve intended goal)

5. Teacher "uncovers" material as opposed to simply covering material (textbook as the syllabus)

6. A variety of forms of assessment are used: formative/summative, informative (student and teacher assessment), and alternative forms of assessment (observations, portfolios, rubrics, etc.).

7. Learners reflect on their own learning

8. Learners are given the opportunity to create and to think critically

9. Aspects of the sheltered instruction operation protocol (SIOP) model are used to make English more comprehensible (Echevarria, Vogt, & Short, 2007)

10. Instruction and assessment are appropriately aligned to desired results (curriculum/classroom goals)

Rationale

These ten points aim to improve curriculum, assessment, and instruction in the English as a foreign language classroom. The assumption is not to expect that all aspects be present in a single three-minute walk through, but after repetitive walkthroughs, administrators will have a better understanding as to where to focus certain weaknesses for future teacher development programs. The checklist is a tool that enables teachers and administrators to reflect on teaching practices in a nonjudgmental way. Ideally, teachers collectively would develop a similar checklist to recognize common "best practices" among the staff. This gives teachers a more vested interest in perhaps a new approach of assessing teaching and learning.

References

Adler, M. (1982). The Paideia Proposal: An Educational Manifesto. New York, NY: Touchstone.

Downey, C., Steffy, B., English, F., Frase, L., &

Poston, W. (2004). The Three-Minute Classroom Walk-Through. Thousand Oaks, CA: Corwin Press.

Echevarria, J., Vogt, M., & Short, D. (2007). Making Content Comprehensible for English Learners: The SIOP Model. New York, NY: Allyn & Bacon.

Wiggins, G., & McTighe, J. (2006). Understanding by Design. Upper Saddle River, NJ: Pearson.
Curriculum Management Plan

April 24, 2008

Rational

The foreign language program (FLP) at a public university in Mexico currently services over 1,000 undergraduate learners through the following foreign languages: English, French, Italian, and German. The FLP is part of the undergraduate department and receives support from the language department (in the humanities) as teacher contracts, scheduling, and evaluation.

The FLP contributes to an overall university policy that emphasizes a humanistic, experiential learning environment that supports individual learning styles, needs, and interests. We believe that languages are taught best when educational experiences are created in a multitude of contexts that are relevant and meaningful to the language learner (LL). For this reason, a curriculum management plan (CMP) is presented that links an educational philosophy and mission statement to the behavioral, cognitive, and social constructive learning theories. Moreover, language teachers assume the role of not only that of didactic instructor but also one of facilitator and coach creating a more student-centered educational environment that is both effective and engaging for the LL.

Curriculum Philosophy, Mission, and Philosophy

Our philosophy in teaching a foreign language is to provide every student with a variety of learning opportunities so that each student is motivated enough to practice English to accomplish his or her own individual goals. Language acquisition that focuses on the integration of reading, writing, listening, and speaking skills through a conceptualized learning environment relies on both in-class and out-of-class activities with the dual purpose of achieving curriculum goals and improving lifelong language skills. The language educator is considered a didactic instructor, facilitator, and coach. Students participate in performance tasks that are based on the needs, interests, and learning styles of the LLs, and collaborative and cooperative learning occurs in pairs, small groups, and whole group spaces that also require individual work as well. Finally, LLs are given a variety of cognitive, metacognitive, and affective language strategies to assist them in the acquisition of a foreign language.

Our mission statement is to create educational designs that develop foreign language proficiencies for undergraduates through meaningful and relevant experiences that foster lifelong learning and overall academic and social development.

The FLP philosophy is based on the following believe statements (i.e., principles):

  * We believe that teachers assume roles of lecturer, facilitator, and coach (Alder, 1982).

  * We believe that big ideas should be explicit in each lesson (supporting content and language objectives) (Wiggins & McTighe, 2006).

  * We believe that a foreign language should be taught under a variety of contexts (transferability of big ideas) .

  * We believe that learning activities should be engaging (actively participating) and effective (activities achieve intended goal) for each language learner.

  * We believe material should be "uncover" and not simply "covered"; that is, using the textbook as a syllabus).

  * We believe that a variety of forms of assessment should be present in every classroom: diagnostic, formative/summative, informative (student and teacher assessment), and alternative forms of assessment (observations, portfolios, rubrics, etc.).

  * We believe that learners should be given the opportunity to reflect on their own learning.

  * We believe that learners should be given the opportunity to create and to think critically.

  * We believe that the sheltered instruction operation protocol (SIOP) model provides a suitable means for making a foreign language more comprehensible (Echevarria, Vogt, & Short, 2007).

  * We believe that instruction and assessment need to be appropriately aligned to achieve the desired results (curriculum/classroom goals).

Roles and Responsibilities Related to the Curriculum

The head of the language department is responsible for the following:

  * Setting up the appropriate committees for designing, implementing, monitoring, and evaluating the FLP curriculum

  * Evaluating teachers

  * The coordinator of the FLP is responsible for conducting the necessary meetings, observations, and walkthroughs to assure the curriculum design, implementation, monitoring, and evaluation are carried out.

  * The coordinator of each respective language is responsible for implementing, monitoring, and evaluating the FLP curriculum.

  * The foreign language teachers are responsible for delivering the written curriculum.

  * The language learners are responsible for actively participating in their learning and consciously realizing their involvement within the curriculum design.

The Curriculum Management Plan

The components of a curriculum management plan (CMP) consists of reciprocal and iterative relationship between curriculum design (written curriculum), curriculum delivery (taught curriculum), curriculum monitoring, and curriculum evaluation (tested curriculum). Within this relationship, staff development will consist of six semesters (three-year period) and will focus on monitoring and evaluating the curriculum involving language teachers, learners, and coordinators.

CMP Implementation

Semester one will include a series of meetings with the head of the language department, coordinator of the FLP, and each language coordinator (English, French, Italian, and German), to complete the FLP mission statement, philosophy, teaching principals, and believe statements. Organizing committees will be determined, roles will be assigned, and specific implementation dates will be determined over a three-year period.

Semester two will consist of various staff meetings and workshops that will help teachers better understand the mission statement and philosophy of the FLP. Brainstorm sessions will help reveal common believe statements and teaching and learning principals among teachers. The end of semester two will likely require some adaptation to some or all aspects of the mission statement or philosophy. Finally, Downey's (2004) "Three-minute walkthrough" checklist will itemize certain classroom practices that all teachers should be considering. This checklist will be the result of staff development meetings requiring teachers to collaborate and compromise on the final draft.

Semester three will include the implementation of a series of walkthroughs that will include all language teachers and last throughout the semester. This practice is part of the curriculum monitoring component and will provide comments how the curriculum is being delivered. Staff development meetings and workshops will be the direct result of such feedback to address signs of misalignment in a prompt and continual fashion. Language coordinators and the head of the language department will be abreast of the monitoring stage through periodic meetings.

Semester four, five, and six will focus a series of staff development meetings and workshops that focus on teaching language through an education design that is a direct result from both skills development and crafting "understandings" (Wiggins and McTighe, 2005). Meetings will consist of teacher-lead discussions of best practices and brainstorming events that provide teachers with the opportunity to share successes and failures through collaborative, collegial practice. The mission statement or the philosophy will continue to be a work-in-progress and will be changed as needed.

During these final three months of staff development, curriculum monitoring, and curriculum testing, teachers and coordinators will evaluate the appropriateness of the current textbook and its usefulness as a relevant educational resource. As language teachers become more familiar with crafting understandings in the language classroom, a committee will be developed to begin considering whether a new textbook is needed. Teachers will have a powerful voice in determining decisions about textbooks, unless a consensus cannot be reached. In which case, the language coordinators and the head of the language department will exercise their best judgment in reaching a compromise.

Testing the curriculum will entail a series of actions that evaluate whether the mission statement and philosophy have been properly delivered. Walkthroughs, staff development meetings and workshops, language teacher evaluations, team teaching events, and mentoring practices will all be used in providing feedback on the impact teaching has on the curriculum. Random learner testing, student questionnaires, and impromptu student discussions will help provide comments on how language learners' perceive the overall curriculum. Along with testing results, all these factors will drive future design revisions and monitoring techniques that strive for continual improvement in foreign language teaching as it pertains to the FLP.

References

Adler, M. (1982). The Paideia Proposal: An Educational Manifesto. New York, NY: Touchstone.

Downey, C., Steffy, B., English, F., Frase, L., &

Poston, W. (2004). The Three-Minute Classroom Walk-Through. Thousand Oaks, CA: Corwin Press.

Echevarria, J., Vogt, M., & Short, D. (2007). Making Content Comprehensible for English Learners: The SIOP Model. New York, NY: Allyn & Bacon.

Wiggins, G., & McTighe, J. (2006). Understanding by Design. Upper Saddle River, NJ: Pearson.

# About the author

Benjamin L. Stewart holds a PhD in curriculum and instructional leadership and a master's degree in education, curriculum and instruction: technology. He is a full-time EFL teacher educator and researcher at the University of Aguascalientes with an interest in researching personal learning networks and language teaching and learning. To know more, visit https://about.me/benjamin_stewart

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