Wednesday, May 17, 2006

Where is the Teacher's Code of Ethics?

Every profession with licensure requirements has a standardized state or national Code of Ethics (CoE) set up by the licensure or accreditation board – doctors, lawyers, social workers, psychologists, psychiatrists, realtors, engineers, and counselors. They are all bound by a strict, written Code of Ethics that defines the professional conduct, standards and ethical principles by which every licensed person must adhere.

Not following those strict guidelines usually means sanctions or loss of licensure. Not so with educators. That’s right. Teachers, while they must be certified with the Department of Elementary and Secondary Education (DESE) and are also automatically mandated reporters, they are not governed by any statewide or nationwide Code of Ethics.

Having been a man dated reporter for the last eight years, because I worked with persons who have developmental disabilities, I was bound to report any suspected buse and neglect, even if I was not sure that the claims were substantial. It is clear, in this profession, that not reporting is a crime, period. That is the law and the standard.

Too many mandated reporters take it upon themselves to make a determination of fact, a substantiation of the abuse or neglect claims, before deciding to report. The whole purpose of the mandated reporter law is to take that responsibility out of the hands of the person reporting. The reporter is just that, a reporter. The Department of Social Services is charged with substantiating the abuse or neglect claims.

However, the training is different for teachers. They have no standardized Code of Ethics on which to draw in order to determine what course of action to take in any particular instance. The only procedures that a teacher has to follow, is the policy of the school district. If the disctrict policy states that a teacher report to the principal, and follow his or her directives, then a teacher has no way of determining if that decision is right or wrong.

If a Social Worker, on the other hand, witnesses potential abuse or is told by the alleged victim about abuse, then the Social Worker is mandated to report. Now, agency policy may require the Social Worker to report to the supervisor first. However, and this is big, if the supervisor tells the Social Worker not to report the abuse, then the Social Worker is still bound by law and National Association of Social Workers (NASW) Code of Ethics to report anyway. It doesn’t really matter what the supervisor says.

Abuse and neglect run rampant in Greene County and the Ozarks. It is more prevalent here than anywhere else in the state. Missouri has a vague mandated reporter law, which makes this issue ever more confusing for educators.

Teaching is one of the oldest professions. We must protect our teachers from overly vague and confusing laws and standards that conflict with policy. It is a gross oversight on the part of the DESE not to have a standardized, written Code of Ethics for teachers and school districts. Until we have that, our county and state will be plagued with the covering up of abuse and neglect of our school children. Teachers need more support and help understanding their role regarding behavior, conduct and what it means to be a mandated reporter and what “reasonable cause to suspect” really means.

The News-Leader recently posted the basics of the mandated reporter law:

"When any ... (mandatory reporter, such as doctors, nurses, teachers and principals) ... has reasonable cause to suspect that a child has been or may be subjected to abuse or neglect ... that person shall immediately report or cause a report to be made to the division ... the term "abuse" is not limited to abuse inflicted by a person responsible for the child's care, custody and control ... but shall also include abuse inflicted by any other person. ...

Whenever such person is required to report ... in an official capacity as a staff member of a medical institution, school facility or other agency, ... the person in charge or a designated agent shall be notified immediately. The person in charge or a designated agent shall then become responsible for immediately making or causing such report to be made to the division. Nothing in this section, however, is meant to preclude any person from reporting abuse or neglect."


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