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What do you think?

Constitutionally, do students

have rights? Are they protected?

Judicious discipline teaches citizenship by requiring educators and administrators to acknowledge and respect students as citizens. Citizenship is best learned when educators teach students about their individual rights and allow students to exercise their rights within the school and its classroom.

Gathercoal describes this philosophy of judicious discipline as “a management style based on the synthesis of professional ethics, good educational practice, and students’ constitutional rights and responsibilities.”

A goal of judicious discipline is to teach students

citizenship skills that can be transferred from school

to community and from today to tomorrow. It is a model

that prepares students for life outside of the classroom.

Do you ever think of your position as a future teacher as preparing your students for citizenship and life in general? Are you comfortable with this responsibility?

Judicious Discipline is needed for two reasons:

1) Increasing diversity in classrooms. Judicious discipline ensures equality that cuts across cultural, ethnic, and religious lines. This discipline helps all students understand that no matter their differences, each of them has a valued place in school and society. Everyone should have a sense of belonging.

2) Shift from “in loco parentis” to the realization that “students no longer shed their constitutional rights at the schoolhouse gate.” Educators do not have the same legal authority over students as the parents of the students do, thus, citizenship and rights, must be emphasized.

To implement JD in your classroom, you will need

to do the following things:

1) Determine to treat all students with respect and

to assure that they are provided justice, freedom, and

equality.

2) Study the First, Fourth, and Fourteenth Amendments to

determine student rights.

3) Review these amendments with students and discuss

their rights as citizens of a democracy.

These four "compelling state interests" assure that the needs and interests of the majority are balanced with the rights and needs of individuals...

1) Property Loss and Damage: Individual and state-owned property.

2) Threat to Health and Safety: Government protects health and safety of students who attend public schools.

3) Legitimate Educational Purpose: Educators and administrators can make arbitrary decisions that are based on sound educational practice.

4) Serious Disruption of the Educational Process: Schools are given responsibility to deny student rights that seriously disrupt student activities.

Judicious Discipline is composed of 10 basic principles:

Individual freedom, justice, and equality provided by the first, fourth, and fourteenth amendments balanced by the four compelling state interests:

-property loss and damage

-legitimate educational purpose

-health and safety

-serious disruption of educational process

-time, place and matter

When teachers incorporate Judicious Discipline into their classroom structure, they must begin by introducing their students to the rights encompassed in the concepts of freedom, justice and equality (McEwan, et al., 1999)

Students have the freedom to express themselves in speech, clothing, writing and other aspects, but they also are taught that a free society only functions successfully when all citizens understand and abide by the limits of those freedoms.

Gathercoal and Nimmo suggest that teachers define each positive behavioral 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 enfranchisement for students.

Gathercoal stresses that democratic class meetings provide students with a sense of value and belonging, and are an essential part of the effective operation of all JD classrooms.

Classrooms meetings can give students the feeling of significance and then will eliminate most of the reasons we see students resorted to "power struggles".

In order to help students understand their rights and responsibilities, teachers have the students create a Bill of Rights for their classroom. Students are placed in groups and they draft a Bill of Rights. As a class, review all the groups ideas and create a final version for the classroom.

Bill of Rights in action!

Break out Session!

-Approach a situation in which a rule has been broken as a teachable moment

-Start a discussion with the student by asking them to

tell you their side of the story by using general questions

-Your goal is to get to the heart of the problem

-When determining the consequence, keep the heart of the problem

in mind because it should flow logically from the student's misbehavior

-Two important questions to keep in mind:

What needs to happen now? What can be learned from this?

demeaning the student accusing students of not trying judging or lecturing the student asking students why they misbehave

comparing students becoming defensive

criticizing students losing control

punishing the class for one student’s misbehavior refusing to apologize

acting too quickly without enough information demanding respect

believing that all students should be treated equally getting into a power struggle

intimidating students

-empowers students to be strong in character

-encourages higher-order thinking skills through real social situations as students are invited to describe, explain, predict, and make reasoned choices

-minimizes classroom stress and anxiety for both students and teachers

-serves as a real-life model

-teaches students accountability, self-efficacy, tolerance, cooperation, and mutual respect

-promotes fairness and consistency

-contributes to a decrease in dropout rates, in acts of violence in and around schools, and in referrals to the office, while also resulting in an increase in any levels of daily attendance

-will not be effective if teachers don't believe in their students,

-time consuming,

-students may not be cognitively or emotionally

able to respond to this approach,

In response to your question: JD is a cognitive approach to classroom management whereas rewards and punishments are behavioral in nature. Intrinsic versus extrinsic. JD moves toward responsibility and away from obedience models that use rewards/punishments. JD is designed to change students who misbehave and behavioral models try to only modify misbehaviors. Most students who come from stressful behavioral classrooms to JD classrooms where they do not have a fear of punishment or that somehow the reward was more important than the feeling responsible behavior or academic achievement, are relieved that their new teacher is now respecting their intellect and feelings and trust that they will be able to make responsible decisions without the manipulations of rewards and punishments.

Whenever you use force, you create a counterforce. If we want to get to mutual respect with our students, we must begin by respecting students’ intellect and feelings and teaching them the language and concepts of civility. A classroom which provides for students the experience of how to live responsibly in a free society will empower them with a sense of autonomy and self-efficacy which will help them take control over their lives. Behavioral approaches tend to make many students feel as victims as they are manipulated with rewards, punishments, and ‘guilt trips’ many teachers use to control students.

4) Teach that rights are balanced with responsibilities

through compelling state interests.

5) Teach the concept of Time, Place, and Manner.

6) Work with students to create classroom rules

using compelling state interests.

7) Solve classroom issues through class meetings.

8) Resolve individual discipline issues through logical

consequences and problem solving.

No Punishment?! No Rewards?!

QUESTION:

It is critical...

*Judicious discipline is BOTH a philosophy and a framework for classroom management and school discipline.

*Judicious discipline allows teachers to move beyond punishments and rewards to the development of personal responsibility and moral behavior.

FREEDOM

...that students and educators understand that students’ constitutional rights consist of three foundational principles:

-Students have the right to be themselves and the right to express themselves through their behavior and opinions.

-Students have the right to school rules and consequences that are fair to everyone. They have the right to due process if accused of breaking school or district rules.

-Students have the right to an equal opportunity. This does not mean that students are treated the same, but that each student has an equal opportunity to succeed.

JUSTICE

EQUALITY

Learn those amendments...

Forrest Gathercoal

-Forrest Gathercoal teaches educational psychology and school law, conducts workshops on civil rights and school discipline, presents frequently at educational conferences, and serves as a consultant to school districts, state education agencies, and colleges and universities across the United States.

is here

-The foundation of judicious discipline is the U.S. Bill of Rights. By using the judicious discipline model, teachers teach these three amendments to students by modeling them in a school environment:

1st Amendment: prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.

4th Amendment: guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.

14th Amendment: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

Judicious Discipline

Time, Place, and Matter

Presentation by: Megan Dzialo, Kaley Treiber, and Stephanie Cunningham

"Compelling State Interests"

"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"

McEwan et al. (1999) notes that Judicious Discipline teaches students to examine their actions critically by looking at their behaviors in light of the appropriate time, place and manner criteria.

...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 all the legal authority they need to create and carry out fair and equitable school rules. Legally speaking, if educators can demonstrate a compelling state interest, the rights of students can be denied.

Strengths:

Developing Consequences

Implementation

Judicious Discipline is counter to the typical behavior management approaches presented in schools. It is critical for teachers to provide classroom instruction about the concepts of Judicious Discipline (McEwan et al., 1999).

Example

Gathercoal stresses that such activities should begin on the first day of school, in order to communicate trust in students' abilities to reason and to act appropriately.

We the students, have a right to, Teachers who will not discriminate against us according to our race, gender, age, religion, size, background, or social class; Be provided desks, textbooks, resources, and other necessities; a safe uninterrupted learning environment; use the bathroom in an emergency; be notified of our current grade; express our opinion without offending others; Be informed and responsible for all assignments and accept the consequences of not completing it or not handling it in at the appropriate time.

P. Gathercoal and Nimmo (2001) stress that implementing Judicious Discipline takes time. Teachers cannot begin using the model until they teach the basic concepts of Judicious Discipline to their students and make sure they know and practice the language and concepts of Judicious Discipline. Students must also develop their own expectations for civiling around the framework of democracy.

We wanted to know more....

so we emailed

Mr. Forrest Gathercoal to ask

him a few questions...

Weaknesses:

Appropriate Consequence

Methods:

Developing the Rules

When developing the rules, there needs to be a classroom discussion of the rights and responsibilities of students, then the classroom rules are developed together,

Discipline Methods that Should be Avoided

Involving students when creating rules gives your students a feeling of responsibility. Rules should be written clearly for the educational level of those affected. It is extremely important for students to fully understand the meaning of rules in order to meet the adequate notice requirement of the 14th amendment.

Jenna Dower's CT's 2nd grade Classroom Bill of Rights

Mr. Gathercoal,

In your book you explain that judicious discipline allows teachers to move beyond punishments and rewards to the development of personal responsibility and moral behavior. So my question is, do you recommend implementing judicious discipline alone, or do you think there is a way to combine a punishment/reward system along with judicial discipline? Most classrooms that we have observed have a punishment/reward system. Do you think this would be difficult for students to transfer from this type of classroom to a judicious discipline classroom?

The 4 compelling state interests are taken and turned into classroom rules.

-conferences, community service, apology, and restitution

-Most important to remember when deciding a consequence: be flexible

I have the right to be happy, and to be treated with kindness in this room; This means that no one will laugh at me, ignore me or hurt my feelings. I have the right to be myself in this room; This means that no one will treat me unfairly because I am fat or thin fast or slow

boy or girl I have the right to be safe in this room; This means that no one will hit me, kick me, push me, or pinch me. I have the right to hear and be heard in this room; This means that no one will yell, scream or shout and my opinions and desires will be considered. I have a right to learn about myself in this room; This means that I will be

Free to express my feelings and opinions without being interrupted

Landau and P. Gathercoal stress the following key elements of democratic class meetings:

-Teachers and students determine who can call a class meeting and when meeting should be held.

-All students and the teacher should be seated so that everyone can see the faces of the others in the class meeting.

-The teacher sets the ground rules that individual names will not be used during the class meeting. The purpose of these meetings are to discuss issues rather than individuals.

-Teachers reminds students of the expectations that they will remain on topic and avoid sharing personal info during the meetings.

1st Amendment: prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.

4th Amendment: guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause.

14th Amendment: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

-Students should never be coerced to participate in the class meeting.

-Teacher and students should be encouraged to have a class meeting journal, after the meeting is over students and teachers should reflect on their thoughts about what took place.

-Students and teachers should write down their goals they set for themselves after or during the class meeting.

McEwan stresses that "JD is not designed to supplant other discipline models or be used alone. She feels that JD is most successful when used with other student centered discipline approaches."

Are you ready

for our...

QUIZ?

...get ready.

"Educators delude themselves if they believe students will learn to be responsible citizens in a democratic society by passively learning about democracy in autocratic schools and classrooms. Students need democratic models operating in their daily lives and opportunities to exercise their democratic rights and responsibilities."

-Gathercoal, P., & Nimmo, V. (2001, April). Judicious (character education) discipline. Paper presented at the American Educational Research Association 2001 Anual Meeting Sig-conflict resolution and violence prevention in classrooms and schools Retrieved from http://public.clunet.edu/~gatherco/jd/JDCharacterAERA2001.html

Happy Thanksgiving!!

6.) When developing consequences what are the two important questions that need to be asked? Why are they asked?

7.) What is the most important thing to consider when deciding a consequence? Why?

8.) Which of the strengths convinces you to implement this discipline system and which of the weaknesses discourages you from using this discipline system? Are there any strengths or weaknesses not mentioned that you believe should have been? Why or why not?

9.) According to Gathercoal, Judicious Discipline can only work effectively if it is a school wide plan. Do you agree? And what problems could develop if Judicious Discipline were used only in an individual classroom rather than by an entire school?

10.) Since we have thoroughly explained judicious discipline, does your answer to the first question change? (Constitutionally, do students have rights? Do you view students having the same rights as you?) Will this change how you decide to manage your classroom?

1.) What are the 3 foundational principles? If you had to order them in importance, which would you choose first and why?

2.) How do the 1st, 4th, and 14th Amendments relate to schools and students' rights?

3.)After participating and creating a bill of rights as a cohort, do you see yourself using this management idea in your own class? How can you vary it across grade levels?

4.) Gathercoal stressed the important key elements of democratic class meetings. Can you name 3 of the 7? Why do you think these are so important?

5.) What are the 4 compelling state interests that are implemented into classroom rules? Can you think of a scenario where a student broke one of these compelling interests and the situation could have been handled in a judicious way?

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