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Judicious Discipline

Some Reasons for Judicious Discipline

  • Diversity: Judicious Discipline ensures equality that cuts across cultural, ethnic and religious lines. This helps students understand that each of them has a valued place in school and society. Everyone belongs.

"You may do whatever you wish

in class until it interferes

with the rights of others."

  • Shift from "in loco parentis." Students no longer shed their constitutional rights at the school door." Educators do not have the

same legal authority over students as

their parents. Citizenship and rights

are emphasized and honored.

The Structure of Judicial Discipline...

Ten Fundamental legal principles that are at the heart of Judicial Discipline.

Four Underlying Assumptions

Three categories:

Rights, Responsibilities, and Conditions.

Responsibilities...

Rights...

Conditions: For Exercising Rights...

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?

Dealing With Misbehaving Students...

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?

The First Day...

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.

"When students are taught about the need for balancing their rights with the rights and interests of society, they come to understand that there is always an appropriate time, place and manner for exercising their individual rights."

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

Pros & Cons...

Biographical Notes

*Vulgar language, racial slurs

worn on clothing are NOT

constitutionally protected!

Strengths

•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.

Weaknesses

•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

  • Dependent on the Bill of Rights vs an

individual management plan for

  • These concepts are difficult to grasp and harder still for younger students to put into practice in most classrooms.

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.

Note: Gathercoal"s Judicious Discipline

is not intended as a stand-alone

classroom management plan

  • Born May 26, 1932 in Chicago, Illinois - Deceased 2012
  • Served in the Korean War; Played in US Marine Corp Band
  • Graduated; University of Oregon in 1957 Bachelor of Music
  • High School Music Teacher in Junction City Oregon
  • Was introduced to the idea of a "Democratic Classroom"

by visiting Professor Rudolph Dreikurs in college

  • High School Music Teacher in Junction City Oregon
  • Taught courses at Oregon State University
  • Foundations of Education, Education Psychology,
  • Education and the Law
  • Wrote book, "Judicious Discipline" in 1986

Judicious Discipline

Democratic Class Meetings

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

Judicious Discipline

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."

Key Elements of Democratic Class Meetings

Overview of Judicious Discipline

  • Teachers & students decide who can call a meeting and when

a meeting should be held.

  • All students and the teacher should be seated so that everyone can see

the faces of the others at the meeting

  • The teacher sets the ground rules: individual names will not be used

during the meeting. The purpose of these meetings are to

discuss issues rather than individuals.

  • Teachers remind students of the expectations:

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.

Four Legal Arguments...

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

Also known as

Compelling State Interests

...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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