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Dismissing the "immoral" teacher for conduct outside the workplace--do current laws protect the interests of both school authorities and teachers?

By Fulmer, Jason R
Publication: Journal of Law and Education
Date: Monday, July 1 2002

I. INTRODUCTION-MORALITY: AN AGE OLD CONCEPT BEING CHALLENGED BY NEW APPROACHES TO EDUCATION

The old saying that teachers should practice what they preach is tested anew in today's classroom. Few school-related topics are hotter these days than "character education," a movement to teach students

positive values! Recent polls indicated registered voters strongly support the idea that schools should share the responsibility with parents in teaching children moral principles.2 This growing demand for character education was evident in the recent 2000 presidential debates, and is now at the forefront of President George W. Bush's education agenda. "We want our schools to care about the character of our children. I am talking about communicating the values we share, in all our diversity, such as respect, responsibility, self-restraint, family commitment, civic duty, fairness, and compassion-the moral landmarks that guide a successful life."3

As expectations for students to be more moral continue to rise, there may be an increasing desire to evaluate the character of those who teach it. School districts displeased with teachers' non-conventional acts or habits, such as their sexual orientation or choice of living arrangements, have dismissed them, labeling their conduct "immoral" despite the fact the behavior occurred away from school. Few would dispute a school district's right to police teacher IMAGE FORMULA 5

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