Teachers^ Ethical Dilemmas - University of West Georgia

Teachers^ Ethical Dilemmas

What WouldYou Do?Jessica L. Buchoiz

Cassandra L. Keller

Michael P. Brady

Mr. Andrews is a special educationteacher. He has been writing possibleindividualized educatioti program (IEP)goals for Chris, a young boy with adevelopmental disability who will be insecond grade the following school year.Some of the goals include telling time tothe hour, half hour, and quarter hour.He is a new teacher, and the school psy-chologist has asked to see his suggestedgoals before the IEP meetijig. Whilereading Mr. Andrews's proposed goals,the school psychologist takes a red penand crosses off the goals that wouldrequire Chris to learn to tell time. Shetells Mr. Andrews that they wilt be luckyIf Chris ever learns to tell time to thehour, let alone any portions of the hour.She instructs Mr. Andrews to rewrite thegoals so that they are "more appropri-ate." Mr. Andrews believes that thegoals are appropriate. He believes thatall teachers should have high, but rea-sonable, expectations for their students.Without attempting to teach Chris to telltime, how can they possibly know thathe won't be successful? What should hedo? What would you do?

Teachers face many ethical dilemmaseach day in the classroom. How do theyknow the "right way" to respond tothese dilemmas? Professions such aslaw and medicine have created codes ofethics to communicate the responsibili-ties of a profession and to improve per-

sonal beliefs, values, and morals. Thesecodes help define a professional'sresponsibilities to the people they workwith and for. Many organizations havereview boards that monitor and enforcecodes of professional standards [Webb,2007}. Similarly, teachers also havecodes of ethics that can guide their deci-sion making during day-to-day profes-sional challenges.

What should Mr. Andrews do abouthis contlict with the school psycholo-gist? Mr. Andrews could base his actionson the Council for Exceptional Children(CEC) Code of Ethics. This code states"Special education professionals arecommitted to developing the highesteducational and quality of life potentialof individuals with exceptionalities"(Council for Exceptional Children, 2003.p.l}. If Mr. Andrews changes the goalshe believes are appropriate in prepara-tion for the IEP meeting, he may decidethat he would be breaking this code.The IEP team is responsible for devel-oping an educational program of thehighest quality based on goals devel-oped as a team. The input of the entireteam is important The goals shouldinclude high yet realistic expectationsfor all students. As a result of this infor-mation and these conclusions. Mr.Andrews could re-examine Chris's aca-

demic performances and test results. IfChris's performance does indeed showthat Chris is likely to learn the telling-time objectives, Mr. Andrews mightdecide to retain the goals he believes areappropriale. Before the IEP meeting, Mr.Andrews could explain to the schoolpsychologist his rationale for writing thegoals. At the IEP meeting, Mr. Andrewscould share his IEP goals and his rea-sons for suggesting them and elicit com-ments and suggestions from the othermembers of the IEP team. By presentingall the information to the members ofthe team, Mr. Andrews would be ensur-ing that Chris's goals were truly writtencoUaboralively by all team members.

Individuals like Mr. Andrews willface a variety of ethical and moraldilemmas throughout their teachingcareers; however, educators do not havea common board that governs its mem-bers' ethical behavior. Instead, there arenumerous educational organizationsthat have written their own specificcodes for ethical behavior. The Councilfor Exceptional Children (CEC) hasdeveloped a code of ethics for educatorswho work with persons with exception-alities (2003). Additionally, the NationalEducation Association (NEA, 1975) hasdeveloped a code of ethics for educatorswith various roles in the profession.

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1. OrganlzoHoiu With C«d*f of Ethics and Web

Category Organization Web Site

Ceneral Education

Special Education

Early Childhood

Administration

School Counselors

Ceneral Education/Administration/Faculty

Paiaprofessionals

Other organizations have similar codes(see Table 1). Most states have alsodeveloped codes of ethics for educatorswithin Iheir slate. The goal of all ofthese guidelines is to provide profes-sionals with direction for resolving theethical dilemmas faced each day in theclassroom.

The NEA developed its code of ethicsin 1975. The preamble to the NEA'scode of ethics sets a clear and noblestandard for educators:

The educator, believing in theworth and dignity of each humanbeing, recognizes the supremeimportance of the pursuit of truth,devotion to excellence, and nur-ture of the democratic principles.Essential to these goals is the pro-tection of freedom to learn and toteach and the guarantee of equaleducational opportunity for all.The educator accepts the respon-sibility to adhere to the highestethical standards.

The NEA code is organized into twomain principles. The first principle isbased on the commitment to helpingeach student reach his or her potentialand has eight indicators. The secondprinciple is based on the commitment tothe profession and public trust andresponsibility. It also has eight indica-tors to guide educators. These indicatorsare summarized in Table 2,

CEC also has a code of ethics foreducators of persons with exceptionali-ties. CEC's code contains eight princi-ples that guide professional behavior.See Figure 1 for a summary of theseprinciples. Furthermore, CEC has a setof standards for professional practice.The standards deal with professionals in

National Education Association

Council for Exceptional Children

National Association for the Education of Young Children

Association for Supervision and Curriculum Development

American School Counselor Association

Phi Delta Kappa

National Resource Center for Paraprofessionals

nea.org

cec.sped.org

naeyc.org

ascd,org

schoolcounselor.org

pdkintl.org

nrcpara,org Irelation to: [aj persons with exception-alities and their families, (b) employ-ment, and (c) the profession and thepeople within the profession. A com-plete listing of the CEC ethics and pro-fessional standards are found in the CECpublication WImt Every Special EducatorMust Know: Ethics, Standards, andGuidelines for Special Educators {Coun-cil for Exceptional Children. 2003) andon the CEC Web site www.cec.sped.org.

What is considered ethical oftencomes down to determining what is inthe best interest of the student."Behaving ethically is more than a mat-ter of following the rules or not breakingthe law—it means acting in a way thatpromotes the learning and growth ofstudents and helps them realize theirpotential" (Parkay, 2004, p. 195), When

What is considered ethical often

comes down to determining what isin the best interest of the student.

professionals or students engage inunethical behavior it can damage agood student-teacher relationship.Unethical behavior can min trust andrespect between teachers and their col-leagues. In extreme situations unethicalbehavior can result in a teacher losinghis or her teaching position and/or cer-tification. Resolving ethical dilemmasrequires difficult educational decisionsthat do not always have a clear-cut"right" answer. Here we present several

Iffhlcs Indlcfrtera for Educoton

Commitment to the Student Coiiimitment to the Profession

Restraint of individual action andpursuit of learning

Access to varying points of view

Do not distort subject matter

Protect students from harm

Do not embarrass or disparage

Do not discriminate

Do not use professional relationship forprivate advantage

Do not disclose confidential information

Do not make false statements inapplicanan of a position

Do not misrepresent qualifications IDo not assist someone unqualified gainentry into the profession

Do not make false siatements concemUing a candidate's qualificauons

Do not assist a noneducator in theunauthorized practice of teaching

Do not disclose personal informationabout a colleague unless required bylaw

Do not knowingly make false state-ments about a colleague

Do not accept any gift or favor ihatmight influence professional decisions!

TEACHING EXCEPTIONAL CHILDREN • NOV/DEC 2007 • 61

1 . CEC Code of Ethics for Special Educators

Special Education Professionals Will;

\/ Promote high educational and Quality of Life for persons with special needs

• Promote and maintain high level of competence and integrity in practice

• Engage in activities to benefit persons with special needs and others

• Exercise objective professional judgment

• Advance knowledge and skills

• Work within professional standards and policies

Uphold and improve laws, regulations, and policies

Promote ethical and legal behavior and standards

short vignettes of ethical dilemmas thatboth veteran and novice teachers havefaced. We then ask you to consider thepossible solutions for these examplesand ask you what you would do if facedwith a similar situation. Finally, we ana-lyze each vignette using either theNEA's or CEC's code of ethics, identifyethical indicators that cover the situa-tion, and propose a solution for eachdilemma based on the code.

Ethical DilenuiMU

The following ethical dilemmas arebased on genuine situations faced byboth veteran and novice teachers. Thesedilemmas include subjects such as con-flict with a co-worker and writingappropriate IEP goals. Dilemmas suchas these may be experienced by anyteacher at any time. Having a frame-work for handling these situations (orsimilar ones] in an ethical manner isnecessary for professional educators.There is no single "right answer" to thecomplex situations following, but hav-ing a set of guidelines for approachingethical dilemmas could help make thesedifficuh decisions a little easier to solve.We used both the NEA and CEC codesas tools to solve the following dilem-mas.

Dilemma 1: Possible LearningDisability

Mrs. Michaels has been a fourth-gradeelementary education teacher for 5years. She has just attended a meetingabout one of her students with a parent,a special education teacher, and a spe-cial education coordinator. This studenthad been diagnosed years ago by a med-

ical doctor as having several childhoodillnesses and frequent ear infections.Mrs. Michaels is concerned that this stu-dent may also have a learning disabilitythat affects her success in the fourth-grade classroom. She has spoken to thisstudent's parent a number of times, andthe parent agrees that her child mayneed further testing. At this meeting, thespecial education coordinator informsthe parent that while her child may infact be having difficulty with school, sheis not the lowest-achieving student inher class. She tells the parent that if shewants her child to be tested her bestcourse of action would be to take thechild to a private psychologist and payfor the testing herself. This would expe-dite the process. Additionally, theadministrator informed the parent that ifshe elected to wait to have her daughtertested by the school district, they couldnot tell her when they could completethe testing and make an eligibility deci-sion. Furthermore, the delay in testingcould be as long as one year. Mrs.Michaels is aware of the laws and regu-lations supporting special education andthe timelines that are to be followed. Sheknows that this is wrong. W/mi shouldshe do? What would you do?

Dilemma 2: Assessment Conflict

Ms. Jackson is a new special educationteacher finishing her first year of teach-ing a self-contained class at a local highschool. While in college Ms. Jacksontook a class on assessment. In this classMs. Jackson learned all about differenttypes of assessments including stan-dardized, curriculum-based, and infor-mal assessments. Her college instructor

emphasized the importance of strictlyfollowing the administration protocolwhen assessing students with a stan-dardized test. At the end of the year Ms.Jackson's school evaluates all studentswho have lEPs with a set of standard-ized tests. Ma. Jackson administered astandardized math test to a student andreported the results to her principal. Herprincipal expressed concern over thelow scores and asked Ms. Jackson spe-cific questions about her student's per-formance. As a result, the principalinstructed Ms. Jackson to give credit forquestions the student might have beenable to answer correctly but got wrongon the test. Ms. Jackson knows that thiswill invalidate the test results. Addi-tionally, she believes that it is ethicallywrong to alter the test results. Whalshould she do? What would you do?

Dilemma 3: Medication

Mr. Garrison is a third-grade teacher ina local elementary school. One of thestudents he teaches in his classroom isJavier. Javier was diagnosed with atten-tion deficii/hyperactivity disorder(ADHD) in the first grade, Javier doesnot require the services of the specialeducation teacher; however, at the timehe was diagnosed his doctor and par-ents decided to put Javier on medicationto help with his ADHD. Javier's parentsare now divorced and he lives with hismother during the week; he stays withhis father on the weekends. Javier'sfather and doctor still believe the med-ication is essential to help him succeedin school. Javier's mother and fatherdisagree about everything. She hasbegun to withhold Javier's medication.Javier's father still gives his son themedication when he stays with him onthe weekends. As a result of the incon-sistent medication Javier has had diffi-culty paying attention in class, complet-ing assignments, controlling aggressivebehavior, and interacting with his peers.Mr Garrison knows the importance ofconsistency in following medicationprotocols. Whal should he do about thissituation? Wliat would you do?

Dilemma 4: Standardized Tests

Mr. Edwards and Mr. Marcus are specialeducation teachers who work with

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third-, fourth-, and fifth-grade students.Their school is preparing to take thestate's annual standardized achieve-ment lests. This year students in MrEdwards's and Mr. Marcus's classesh.ive been identified as having difficultyin reading and are at risk for failure onthe standardized test. The principal hasmade it very clear that he expects theschool's scores on this year's standard-ized test to be an improvement over lastyear's scores. The day before testing isscheduled to begin, the principal has ameeting with Mr. Edwards and Mr.Marcus- At the meeting he tells them todo whatever is necessary to ensure pos-itive lest results. While administeringthe test, Mr. Edwards realizes that Mr.Marcus is reading parts of the readingcomprehension passages to the stu-dents. This violates the validity of thetest and could result in a false learningprofile of his students. Mr. Edwardsshares this knowledge with Mr. Marcus,who responds by saying that he is sim-ply doing what the principal instructedhim to do. What should Mr. Edwards donow? What would you do?

Dilemma 5: Petty Behavior

Ms. Garcia and Ms. Ming are both sixth-grade English teachers. Ms. Garcia, anew teacher at the school, has addition-al certification in gifted education. Ms.Ming has been a certified Englishteacher for a number of years. Ms. Minghas been overheard making negativecomments about Ms. Garcia's teachingability and about Ms. Garcia personallyin the faculty lounge. Mr. Daniels, thesixth-grade history teacher, has heardMs. Ming making negative commentsabout Ms. Garcia on more than oneoccasion and he knows that these com-ments are false. He also knows that Ms.Ming has been angry that Ms. Garciawas asked to teach the advancedEnglish class. This is a class Ms. Minghad expressed a desire to teach. Hebelieves this contributes to her negativ-ity toward Ms. Garcia. What slwuld hedo? What would you do?

Dilemma 6; Religion

Mr. Gregory and Ms. Samuels are botheighth-grade science teachers. Ms.Samuels has a strong command of the

science curriculum, and she is also astrong believer in creationism. WhileMr. Gregory and Ms. Samuels worktogether at their weekly planning meet-ing, Ms. Samuels tells Mr. Gregory thatshe does not feel comfortable with, norwill she teach her class about topicsrelated to evolution, the subject for thecoming week's lessons. She goes on toexplain that presenting students withinformation about evolution will violateher religious beliefs. Mr. Gregory knowsthat the unit on evolution is a requiredpart of the curriculum. He also knowsthe Importance of teaching students toevaluate different types of informationand points of view. What slwuld he do?What would you do?

Solutions to DllemmcuHow might a professional or state orga-nization's code of ethics guide this deci-sion making? As stated earlier, there isno one "right answer" to the complexsituations teachers face each day, butgrounding guidelines such as NEA's orCEC's Codes of Ethics provide teacherswith a problem-solving framework. Theprinciples presented below were drawnfrom NEA's and CEC's codes as the clos-est indicators related to the issues; theycan be used as a starting point basis forsolving each dilemma.

There is no one "right answer" tothe complex situations teachers face

each day, but grounding guidelines

such as NEA's or CEC's Codes of

Ethics provide teachers with aproblem-solving framework.

Dilemma 1: Possible LearningDisability

Mrs. Michaels just faced a very toughmeeting with her special educationcoordinator, and she is not sure what todo. What should Mrs. Michaels do? Mrs.Michaels could turn to the CEC Code ofEthics for guidance. This code statesthat special educators should "promoteand maintain a high level of compe-tence and integrity in practicing their

profession" and special educators 'donot condone or participate in unethicalor illegal acts, nor violate professionalstandards adopted by Ihe CEC Board ofDirectors" (CEC. 2003, p. 1). Accordingto this statement, Mrs. Michaels mightbe compromising her Integrity if sheknowingly violates the laws supportingspecial education and a student's rightsto access to those services. Mrs.Michaels could decide that not follow-ing an appropriate timeline for testingwould be unethical. She may thereforedecide to follow the referral proceduresthat are in place at her school. Further-more, she may find it helpful and pro-ductive to collaborate wilh the specialeducation coordinator to follow anappropriate timeline for providing thetesting this student requires. This couldinclude making a copy of the district'sguidelines and providing it to theschool's child study team.

Dilemma 2: Assessment Conflict

Ms. Jackson has been faced with a diffi-cult situation. To solve her dilemma,Ms. Jackson could use the NEA's Codeof Ethics Principle I: Commitment to theStudent. Indicator 3 reads "shall notdeliberately suppress or distort subjectmatter relevant to student's progress"(NEA, 1975). If Ms. Jackson discards orchanges students' test results, she is notfollowing this code. Applying this indi-cator in the ethical code may promptMs. Jackson not to change the testresults, because doing so would distortinformation relevant to this student'sprogress. Instead, Ms. Jackson mightretest the student under different condi-tions to ascertain whether the studentactually knows the content. Although itwould be difficult, Ms. Jackson mayalso decide to share the NEA's code withher principal to explain her decision notto automatically discard the test results.Ms. Jackson may also discuss test-administering strategies with her princi-pal in order to avoid this conflict in thefuture.

Dilemma 3: Medication

Mr. Garrison is faced with a tough situ-ation, because Javier's mother andfather don't agree. What should Mr.Garrison do? Mr. Garrison s actions

TEACHING EXCEPTIONAL CHILOREN • NOV/DEC 2007 • 63

could be influenced by NEA's Code ofEthics Principle 1: Commitment to theStudent. Indicator 4 advises that educa-tors "shall make reasonable effort toprotect the student from conditionsharmful to learning or to health andsafety" (NEA, 1975). With protectionfrom harm as a guideline, Mr. Garrisoncould talk to Javier's mother andexplain that he is having trouble payingattention in class and completingassignments. He could also attempt toexplain to Javier's mother that whenJavier is taking his medication he ismuch more cooperative and successfulin school. Additionally, Mr. Garrisonshould document the issues he hasobserved in class, including classassignments and behavioral issues, inorder to have specific information toprovide to Javier's parents that supportshis belief that the medication has beenacademically helpful to Javier.

Dilemma 4: Standardized Tests

Mr. Edwards is in a difficult situationwith Mr. Marcus, because technicallyMr. Marcus is doing what the principalhas implied he should do. The CECCode of Ethics states that, "Special edu-cation professionals work within thestandards and policies of their profes-sion" (CEC, 2003, p. 1). A literal appli-cation of this code would indicate thatMr. Marcus should follow the testingprotocol and refrain from reading pas-sages to his students. Mr. Edwardscould work coliaboratively with Mr.Marcus to review the standardized test-ing guidelines for the state tests andseek consultation from testing experts inthe district.

Dilemma 5: Petty Behavior

Mr. Daniels is in a very difficult situa-tion, knowing that Ms. Ming is makingfalse statements about Ms. Garcia. Whatshould he do? According to NEA's Codeof Ethics under Principle II: Commit-ment to the Pwfession, Indicator Sevenstates that educators "shall not know-ingly make false or malicious state-ments about a colleague" (NEA. 1975).Mr. Daniels should talk to Ms. Mingabout his interest in maintaining posi-tive professional relationships with allthe members of the school team. He

might point out the numerous strengthsof all the team members, the benefits ofteamwork and collaboration, and theusefulness of the NEA Code of Ethics.Depending on his willingness to inter-vene, he might offer to help the twoteachers find common ground, startingwith students, school initiatives, or par-ent and community projects.

Dilemma 6: Religian

Mr. Gregory is faced with a difficultdilemma, knowing that Ms. Samuels isnot going to teach a required part of thecurriculum. According to the NEA'sCode of Ethics under Principle I: Com-mitment to the Student. Ms. Samuels isviolating two of the indicators (numbers2 and 3). Indicator 3 informs educatorsthat they "shall not deliberately sup-press or distort subject matter relevantto student's progress"; indicator 2 statesthat teachers "shall not unreasonablydeny the student's access to varyingpoints of view" (NEA, 1975). Mr.Gregory should talk to Ms. Samuelsabout the importance of covering therequired curriculum. Additionally, hecould show her the NEA's Code ofEthics and discuss with her the ways inwhich she could maintain her personalbeliefs without violating the district'scurriculum or her professional code ofconduct. This might include coilabora-tively determining which portions of thecurriculum they are best suited to teachand co-teaching portions of the unit. Co-teaching is an effective teaching methodthat allows teachers to pool theirresources, teaching strengths, and ideaswhile addressing all areas of therequired curriculum.

Using a code of ethics can help

teachers make informed decisionsbased on the code's principles.

CondusloRS

Teachers frequently encounter thesetypes of ethical dilemmas in the class-room and have to take action in situa-tions where all the facts might not beknown. Even though there might not be

a definitive right or wrong answer tomost dilemmas, teachers can lookbeyond the short term and considerlong-range consequences of theiractions, including the impact on theirown identities as professionals, Using acode of ethics can help teachers makeinformed decisions based on the code'sprinciples. Unethical acts can ruin thetrust and respect among teachers, stu-dents, and others, and in extreme cir-cumstances result in teachers losingtheir teaching positions and profession-al licensure. Resolving common ethicaldilemmas requires forethought andinsight. Analyzing case studies of simi-lar ethical dilemmas may help teachersmake the "right decision" when facedwith simitar situations.

ReferencesCouncil for Exceptional Children, (2003).

What every special educator must know:Ethics, standards, ami suidelines for spe-cial educators. Reston, VA: CEC.

National Association for the Education ofYoung Children. (2005). NAEYC Code ofethical conduct and statement of commit-ment. Retrieved July 20, 2007, fromhitp;//www.naeyc.org/aboui/positions/PSETH05.asp

National Education Association. [197S). Codeof ethics of the education profession.Retrieved June 18, 2007, from http://www. nea.org/ahoutnea/code.litml

Parkay. F. W. (2004). Becoming a teacher. Up-per Saddle River, NJ: Pearson Education.

Webb, D. L. (2007). Foundations of Americaneducation. Upper Saddle River, NJ: Pear-son Education.

Jessica L. Buchoiz (CEC GA ^deration).

Assistant Professor, University of West Geor-

gia, Canvtlton. Cassandra L. Keller (CEC FL

Federation). Assistant Professor. Lynn Univer-

sity. Boca Raton, Florida. Michael P. Brady

(CEC FL Federation), Professor, Florida

Atlantic University, Boca Raton, Florida-

Address correspondence to Jessica L Buchoiz.

University of West Georgia. Department of

Special Education. 1601 Maple Street. Carrol-

Iton, GA 30118 (e-mail: }bucliolz@westga.

edu),

TEACHING Exceptional Children. Vol. 40.

No. 2, pp. 60-64.

Copyright 2007 TEC.

64 • COUNCIL FOR ExcEPTiONAi. CHILDREN