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Forrest Gathercoal; Judicious Discipline
Transcript of Forrest Gathercoal; Judicious Discipline
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
Students can help create valid rules
for the classroom.
Consequences provide a better way to
improve children's classroom behavior
Overview of Judicious Discipline
Democratic Class Meetings
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."
Bill of Rights
Rotate axis and drag frames
to change balance
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
These human rights are protected by the instructor.
“Good morning students, I am <state your name> and I am here to protect your constitutional rights.”
The Structure of Judicial Discipline...
Ten Fundamental legal principles that are at the heart of Judicial Discipline.
Dealing With Misbehaving Students...
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.
Judicious Discipline in the classroom is a democracy
in which the students are accorded human rights as individuals.
The First Day...
Judicious Discipline, individual rights are balanced against societal needs.
Rights, Responsibilities, and Conditions.
Justice: Students have a right to
rules and consequences
that are fair to everyone.
Freedom: Students have the right to be themselves
and express their opinion. Educators have
a responsibility to protect student 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.
Threat of Property Loss & Damage
Treat All Property with Respect:
Do not steal or damage school
or personal property.
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.
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.
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.
Conditions: For Exercising Rights...
Manner: Is it appropriate to do this in this way?
Time: Is it appropriate to do this now?
Place: Is it appropriate to do this here?
Pros & Cons...
•It provides a format for students to become
actively involved in school and community
affairs, including learning the operation of
the legal system
•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 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
Draft and post your personal code of ethics
Four Legal Arguments...
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
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
Students accused of
misbehavior have the right to
tell their side of the story.
These four encompass a standard used
by Us courts in deciding whether
the government has abused its authority
in limiting individual 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
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.
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.
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.
"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."
These concepts are difficult to grasp and harder still for younger students to put into practice in most classrooms.
Key Elements of Democratic Class Meetings
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.
Dependent on the Bill of Rights vs an
individual management plan for
"You may do whatever you wish
in class until it interferes
with the rights of others."
Note: Gathercoal"s Judicious Discipline
is not intended as a stand-alone
classroom management plan
*Vulgar language, racial slurs
worn on clothing are NOT