Schools and teachers are expected to adhere to many ethical and legal requirements when discharging their roles and responsibilities. Importantly, schools and teachers are expected to respect rights and freedom of their students. The First Amendment is one of the laws that were enacted to safeguard the right of every American, especially concerning the freedom of speech and expression. At the same time, there are laws such as the Family Educational Rights and Privacy Act (FERPA) that are aimed at protecting students' data and records. Besides, religious issues attract a lot of controversial debates in the education settings (Duane, 2000). It is, therefore, important for teachers, therefore, to protect all the students’ rights and freedom.
Some legal issues are linked to the way teachers grade their students. Specifically, there are instances when a teacher is not allowed to display the work of students in the classroom publicly. Therefore, the first legal issue that is associated with the way the teacher grade the student relates the FERPA. According to FERPA, a teacher is not allowed to display student’s work, especially graded assignment for other learners of the public to see (Duane, 2000). As a result, the teacher must seek the permission from student or parents to display such information to the public. FERPA is one of the legal issues that must be considered by the teacher. The second major legal issue relates to the First Amendment that protects the rights of expressions. While grading the student's essay, the teacher must determine whether such action violates the right and freedom of expression. Hence, FERPA and the First Amendment are the main legal issues that are linked to the grading of the student’s essay.
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However, according to the First Amendment, the teacher has a right to display the student’s work. First Amendment allows students to display or express their personal religious beliefs. Therefore, the teacher may violate the student's right to religious expression by not displaying his work. Specifically, the Establishment Clause allows teachers to display religious artworks (Wicht, 2014). Nevertheless, permanent displaying of the student’s religious artwork is illegal because it may be aimed at promoting a given religion ( Maloney, 2013) . As a result, legally, the teacher is allowed to display the student's work temporarily.
Therefore, the First Amendment applies in this situation because it determines how the student's work should be displayed as well as the right of expression. The First Amendment allows the students to express his personal religious beliefs without being victimized or discriminated against by the teacher ( Chemerinsky, 2012) . At the same time, it ensures that displaying of student’s work does not promote one particular religion, which in this situation is Christianity. According to the First Amendment, teachers are not allowed to promote a particular religion (Higgs, 2013). Hence, the First Amendment directly applies to the situation, especially concerning religious issues and freedom of expression.
In conclusion, teachers have the responsibility to strike a balance between what is legally right and what is relevant or essential to learners. Issues of religious beliefs may be controversial and are associated with many legal issues. It is also essential for teachers to protect students' rights and freedom in the classroom. Adhering to legal and ethical requirements is vital in the teaching profession, mainly because the sector involves many stakeholders such as parents, students, and education policymakers.
References
Duane, D. (2000). Court Rules Pupils' Grading Classmates' Work Violates Federal Ruling. Education World . Retrieved from http://www.educationworld.com/a_issues/issues126.shtml
Chemerinsky, E. (2012). A Fixture on a Changing Court: Justice Stevens and the Establishment Clause. Northwest University Law Review , 106(2) , 587-604.
Higgs, R. (2013, November 19). Supreme Court rules firing justified for teacher accused of advancing religion in the classroom. Cleveland.com . Retrieved from https://www.cleveland.com/open/index.ssf/2013/11/supreme_court_rules_firing_jus.html
Maloney, K. (2013, November 19). Science Teacher Cannot Display Religious Material in Classroom. CNO . Retrieved from http://www.courtnewsohio.gov/cases/2013/SCO/1119/120613.asp#.WzM2bcJRXIU
Wicht, S. (2014, June 2). What Does the First Amendment Say About Displaying Religious Symbols? Retrieved from https://www.tolerance.org/magazine/what-does-the-first- amendment-say-about-displaying-religious-symbols
