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same legal authority over students as
their parents. Citizenship and rights
are emphasized and honored.
Ten Fundamental legal principles that are at the heart of Judicial Discipline.
Three categories:
Rights, Responsibilities, and Conditions.
Threat of Property Loss & Damage
Treat All Property with Respect:
Do not steal or damage school
or personal property.
Freedom: Students have the right to be themselves
and express their opinion. Educators have
a responsibility to protect student rights.
Time: Is it appropriate to do this now?
Legitimate Educational Purpose
Take Responsibility for Learning:
Teachers may set out rules and make decisions based on
professional judgement. Rules are in place to support learning.
Students have a responsibility to bring materials for learning
and a responsibility to attend school and learn. Necessary accommodations will be made for student needs and beliefs.
Justice: Students have a right to
rules and consequences
that are fair to everyone.
Place: Is it appropriate to do this here?
Students accused of
misbehavior have the right to
tell their side of the story.
Health & Safety
Act in a Safe and Healthy way:
Clear, published guidelines regarding physical
health and safety at school are essential
to secure learning environment.
Do not hurt others physically,
emotionally, or mentally.
Manner: Is it appropriate to do this in this way?
Serious Disruption of Educational Process
Respect the Rights and Needs of Others:
[may be problematic; What is "Serious?"]
As every student has the right to an
education, serious disruption of the
educational process cannot be allowed.
Equality: Each student gets an equal educational opportunity to
succeed. Equality does not mean treating all the same; But giving each student what they need to succeed.
Forrest Gathercoal
“Good morning students, I am <state your name> and I am here to protect your constitutional rights.”
1. Avoid lecturing to the student.
2. Do not be judgemental.
3. Don't ask “why did you…” questions, instead ask “What happened?”
Ask “Is there something I can do to help?", "Would you like to talk about it? 4. Then follow up with, "What needs to be done now?”
5. After student arrives at resolution ask, “What can we learn from this?”
6. Encourage the students to help resolve the problem amongst themselves.
Draft and post your personal code of ethics
*Vulgar language, racial slurs
worn on clothing are NOT
constitutionally protected!
•It provides students a sense of how
violating of their rights may be addressed
after they leave the school.
•It helps children understand how the legal
system works in a democratic society.
•It helps students learn to balance their rights
against compelling school interests.
•It provides a format for students to become
actively involved in school and community
affairs, including learning the operation of
the legal system
• It takes considerable time for students to
become involved in the school wide
aspects of judicious discipline.
• Does not address different learning styles or
provide solutions for classroom management problems
individual management plan for
School is an appropriate place to prepare
students for living in a democratic society.
Students can learn to regulate their personal behavior so that it does not violate compelling
school interests.
Students can help create valid rules
for the classroom.
Consequences provide a better way to
improve children's classroom behavior
than punishment.
by visiting Professor Rudolph Dreikurs in college
Based on creating a "democratic" learning environment
Lets students know their human and constitutional rights are respected
Prepares them for living in a democratic society
Students learn their constitutional rights are based on three principles
Freedom
Justice
Equality
Gathercoal suggests teaches define each positive behavior
statement by conducting a democratic class meeting. Class meetings are important to have throughout the whole year and by having them create a sense of ownership for students. Gathercoal maintains democratic class meetings can give students the feeling of significance and this will eliminate most of the reasons we see students resort to "power struggles."
a meeting should be held.
the faces of the others at the meeting
during the meeting. The purpose of these meetings are to
discuss issues rather than individuals.
remain on topic, avoid sharing personal information.
Judicious Discipline in the classroom is a democracy
in which the students are accorded human rights as individuals.
Judicious Discipline, individual rights are balanced against societal needs.
Forrest Gathercoal
These have been used by our courts to
protect the welfare, needs and interests
of the state.
1. Threat of Property Loss and Damage
2. Legitimate Educational Purpose
3. Health and Safety
4. Serious Disruption of Educational Process
...simply means that in some cases the welfare and interests of the majority are more compelling than the rights of an individual. These compelling interests give educators the legal authority needed to create and carry out fair and equitable
school rules. If educators can show
a compelling state interest, rights
of students can be denied.
These human rights are protected by the instructor.
These four encompass a standard used
by Us courts in deciding whether
the government has abused its authority
in limiting individual rights.
Bill of Rights
The foundation of Judicious Discipline are
the 1st, the 4th and the 14th Amendments
as well as the Bill of Rights
1st Amendment - Protects Religious Rights, Free Speech and the Freedom of the Press
4th Amendment - Guards against unreasonable Search & Seizure Requires Probable Cause
14th Amendment - Due Process & Equal protection of US born or naturalized Citizens
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