Student legal and ethical rights cannot be breached when staff members discuss about the conduct of a student. However, it also depends on the concerns being discussed. For instance, the United States constitution prohibits teachers from discriminating students on the basis of their dress code, LGBT rights, immigration status, and disability, among others (Tashman, 2017). If the discussion is about these issues, then the student has the right to sue the teacher. It is always prudent for teachers to treat all students equally, and avoid engaging in activities that may jeopardize the normal learning of some students.
Nevertheless, teachers have the mandate of ensuring that students adhere to the school rules and policies. On this note, teachers can correct the conduct of some students if found to exhibit conduct that is not in tandem with the school rules ( NASDTEC, 2015) . If left unabated, the students may affect the learning of other students. Secondly, teachers can discuss the academic progress of a student, especially if a drop is noticed (Lauermann, 2016). The discussion may be intended to confirm whether a colleague has also noticed a drastic change in performance, attitude or character of the student. Therefore, it is not entirely wrong for the teaching staff to raise or discuss some concerns about a student.
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The next thing I would do if I realize the student was listening to our conversation would be to admit that I have concerns about the student. If the conversation between my colleague and I was not over, I would dismiss the student but talk to her later. In that way, I will confirm with my colleague about the concerns and probably have a better way of approaching the student. On the other hand, the student will have adequate time to prepare and respond to the concerns.
References
Lauermann, F. V. (2016). Teacher Responsibility: Its Meaning, Measure, and Educational Implications. https://deepblue.lib.umich.edu/bitstream/handle/2027.42/99839/fanim_1.pdf?sequence=1
NASDTEC. (2015). Model Code of Ethics for Educators (MCEE). National Association of State Directors of Teacher Education and Certification . https://www.nasdtec.net/page/MCEE_Doc
Tashman, B. (2017). Student Rights at School: Six Things You Need To Know. American Civil Liberties Union . https://www.aclu.org/blog/juvenile-justice/student-rights-school-six-things-you-need-know