Review and commentary on academic topics

¶ … lawyer by Johnson & Duffett

I'm Calling My Lawyer by Jean Johnson and Ann Duffett

The article, I'm Calling My Lawyer discussed the results of a pilot study from the research agency, Public Agenda that looked into the effect of litigation, due process and other regulatory requirements to public education. From three focus group discussions, six main findings were reported in the article, the first four of which outlined the downside of the issue from the point-of-view of the educators. Firstly, educators are too conscious about the threat of litigation to the point of extreme cautiousness in dealing with students essentially making teachers stiff and robotic in the classroom. Ultimately, this makes them fear connecting with their students in any manner. Secondly, for principals and superintendents, the work that comes with avoiding lawsuits and following regulatory and due process is aggravating and time-consuming. In some cases, many thousands of dollars are spent in litigation as well. However, they do recognize that these are all part of their job. Thirdly, there are also people (particularly parents) who are abusive of their rights and threaten to sue just to get their way. These are people who are willing to stoop down to that level just for the sake of money. Lastly, educators also experience personal anxiety when faced with a court case against them and their career and credibility is put on the line. For some, this eventually leads to giving up their teaching altogether.

The issues raised by the respondents in the study are valid and well worthy of consideration. After all, the word justice came from the Latin word justitia which means righteousness and equity (Harper, 2001). It is certainly not righteous and equal if one party feels that they are underdogs in a resolution. That can hardly be called justice. After reading the article, I became aware of how hard it was to be an educator and I further appreciated the teachers, instructors, and professors I have had. Sometimes, even if they mean well, they could still face complaints and court cases. I also wonder how many excellent teachers have given up just because of a single grievance from a parent or a student.

In essence, educators serve as 'second parents' to children in school, their second home. And it is a sad thought that the laws in place today restrain them from giving the motherly or fatherly guidance that they could offer. While there are a few rotten tomatoes in the basket, most of the teachers out there are good people and would never do anything to harm their students in any way. It seems that the same laws we uphold to protect the children are harming them by making their learning environment stiff, less homely and less loving. Even daycare centers apply the no-touch policy with rules against picking up the kids and holding them on the lap because even innocent touches can easily be misinterpreted (Field, 2001).

The last two findings justified the need for these things to ensure the safety of the children. It was mentioned in the article that while "the ramifications of the 'legalization' of education are distasteful and sometimes disturbing," nevertheless "lawsuits and procedures are the price [to be paid] for protecting children" and that they are willing to pay this price rather than risk the safety and well-being of their students. Children are building blocks of our future. This is why I personally believe that children must be nurtured and protected at all costs. Hence, I think that the profession of teaching is one of the most noble and important professions in this world albeit one that can oftentimes be too sensitive.

According to a study by Jonah E. Rockoff, "school administrators, parents and students themselves widely support the notion that teacher quality is vital to student achievement" (Rockoff, 2004). By experience, the overall well-being of a student is largely affected by the teachers, as well. Sadly, some teachers bully their students to provoke a reaction through public humiliation, justifying that this is a form of motivation. This carries out profound effect on the child in the form of confusion, anger, fear and self-doubt among other things (McEvoy, 2005). Thus, it is only fitting that certain measures be taken to regulate and control teachers' behaviors to filter out those that are abusive of their powerful positions in the schools. In my opinion, educators must realize that being the center of scrutiny is a small price to pay if we want our future leaders to be fit and well-prepared.