A Complete Sample of Learning Module in Compliance with the Master’s Degree Program: Subject EDUC. 208 – Professional Ethics and Legal Aspects of Education

A LEARNING MODULE

1. Title:

                       

                 Education 208: Professional Ethics and Legal Aspects of Education

2. Target Population:

All Graduate School Entrants, especially those enrolled in the Master’s Degree Program, who have already finished their Baccalaureate Degrees

3. Overview: 

This three-unit course acquaints students with professional ethics entailed in the moral issues that arise because of the specialist knowledge that professionals attain, and how the use of this knowledge should be governed when providing a service to the public, and carried additional moral responsibilities to those held by the population in general. It also acquaints students with codes of conduct, codes of practice as well as ethical codes or principles in every conceivable aspect; whereby, it deals ethically and intrinsically with standards that a professional/worker should observe in performance of his/her duties and responsibilities whether in public or private practice of his/her profession or work. The course further deals with the legal aspects of education and such other laws promulgated to strengthen adherence to the ethical norms of work and the sanctions imposed for violations of the standards set by law.

4. Objectives:

            4.1. General Objectives:

            After completing the module, the student should be able to:

4.1.1. conceive varied ways of the moral dimensions of behaviors, codes of conduct,  professional ethics and practices reflected in the excerpted works of selected authors, moral philosophers and old-fashioned/modern behaviorists;

4.1.2. acquaint with the ethical norms and, at the same time, sustain interest in the codes of ethics observed by workers/professionals which regulate the profession   (e.g., teacher, accountant, lawyer, engineer, doctor, computer programmer,  nurse, medical technologist), and how conflict of interest will arise and preventive  measures to avoid them;

4.1.3. examine critically and form sound judgment of the ethical principles and practices which geared towards in-depth studies of legal foundations of education in order to relate to modern mode of thinking;

4.1.4. know the rules and regulations, legal aspects or bases of Philippine education, and other pertinent laws promulgated by Congress and such other administrative bodies to maintain the ethical standards in the practice of profession in the private and public service/duties, and the corresponding sanctions or penalties for the violations; and

4.1.5. further get acquainted and connected oneself through application with all the laws and regulations covering different levels of education and such laws  promulgated to establish ethical standards in the performance of work/profession.

            4.2. Specific Objectives:

            After completing the module, the student should be able to:

4.2.1. identify and recall experiences pertinent to typical conflicts of interests which interfere with professional responsibilities and how to prevent or avoid them;

4.2.2. participate actively in the legal aspects and utilize other legal bases wisely and  effectively of Philippine educational system considering, particularly, every aspect  of provisions in the 1987 Constitution relating to Education, Science, Technology, Arts, Culture and Sports (ESTACS) as the basis of other laws governing   education;

4.2.3. describe and compare with other Republic Acts pertaining to education about the provisions of BP 232, the Act providing for the establishment and maintenance of an Integrated System of Education, otherwise known as the Educational Act of 1982 which defines the rights and obligations of parents, students, teachers, administrators, non-academic staff, as well as the school in general and such other laws and regulations promulgated by legislature related to education; and

4.2.4. specify unambiguously the significance and impetus of the provisions of Magna  Carta of Teachers (basic rights and responsibilities of a teacher) and liken said provisions with that of the Educational Act of 1982.

5. Entry Behavior and Prerequisite Skills:

5.1. All Graduate School Entrants are graduates of Bachelor in Secondary Education  (BSED), Bachelor in Elementary Education (BEED), or any Baccalaureate Degree with 18 units of professional educational subjects; and

5.2. General knowledge of the three foundations of education and research capability.

6. Instructions to the Learner: 

The students undergo clear, definite and specific directions for every activity, project, study sheet assignment, and test that should be accomplished by them. Instructions include general instructions for the use of the module as a whole, and specific instructions to be placed in the specific components or units of the module.

7. Pretest:

Before a student plunges himself/herself into a formal study of the course, he/she should take the pretest to know his/her strengths as well as his/her weaknesses in the subject to make appropriate adjustments or changes. Thus, pretest contains a diagnostic test which determines the learner’s knowledge and lack of knowledge regarding the subject matter. The pretest covers the subject matter included in the entire module. After completing the study, he/she has to take the posttest to determine how much the student has learned after undergoing the lessons contained in the module. (Note: See separate worksheets on pretest/posttest with 50 items in professional ethics and another 50 items in legal aspects of education.)

7.1. Lesson Problem as Pretest/Learning Objectives/Study Guide/Course

                     Activity/Lesson Requirements/Lesson Assessment:

6.2.1. The lesson problem sets the section of the module (based on pretest), preliminary action and stage for learning per category by posing significant but thought-provoking questions to be answered in order to complete the lesson  modules. Students respond to each category “before and after” completing the  lesson module to act as a self check.

6.2.2. Generally, learning objectives are written in terms of learning outcomes. These are the criteria by which materials are selected, content is outlined, instructional  procedures are developed, and tests or examinations are prepared.      

6.2.2. The study guide consists of the main body of each lesson module that teaches  the skills and concepts in order for the students to be successful learners as far as the subject is concerned.

6.2.3. The learning activity gives the students a complete practice in what they have learned from the Study Guide. Thus, the activity of worksheets or projects needs to be answered or accomplished.

6.2.3. The lesson requirements are established for the sole purpose of ensuring the welfare of students as a guide during the process of learning, and these protocols are obligatory to advance for modular lessons in successive but limited period of time.

6.2.4. This lesson assessment/evaluation focuses on ensuring that students have arrived at their intended destination.  It will need to gather some evidence that  they did.  This usually is done by gathering students' work and assessing this  work using some kind of grading component that is based on lesson objectives. It could also replicate some of the activities practiced as part of the lesson, without      providing the same level of guidance during the lesson.  It could always quiz students on various lesson module concepts and problems as well.

             7.2. Unit Contents for Pretest:

                        Each unit contains the following:

                        6.3.1. Lesson Problem/Pretest

                        6.3.2. Lesson Objectives

                        6.3.3. Study Guide/Main Body of the Lesson

                        6.3.4. Learning Activity

                        6.3.5. Lesson Requirements/Research Project

                                               

8. Pretest Feedback and Evaluation:

                 This part contains guidelines on the equivalents given to the scores obtained by the learners, such as:

            8.1. For a 100-item test

                               99-100              =          1.0                         < high >

                               97-98                =          1.1                         < high >

                               95-96                =          1.2                         < high >

                               93-94                =          1.3                    < above average >

                               91-92                =          1.4                    < above average >

                               90                     =          1.5                    < above average >

                               89                     =          1.6                        < average >

                               88                     =          1.7                        < average >

                               87                     =          1.8                        < average >

                               86                     =          1.9                        < average >

85                     =          2.0                         <average >

84                     =          2.1                    < below average >

83                     =          2.2                    < below average >

82                     =          2.3                    < below average >

81                     =          2.4                    < below  average >

80                     =          2.5                    < below average >

79                     =          2.6                           < low >

78                     =          2.7                           < low >

77                     =          2.8                           < low >

76                     =          2.9                           < low >

75                     =          3.0                           < low >

9. Learning Activities

Included in this part are all lessons presented in each unit of the module, all the assignments which the learner must accomplish, and all projects which the learner should perform. All the activities should conform to the objectives of the module. Stated unambiguously hereunder are the learning tasks/activities in professional ethics:

                                        LEARNING CONTENTS/ACTIVITIES

 PART I – PROFESSIONAL ETHICS

         I. Overview:

 Professional ethics concerns the moral issues that arise because of the specialist knowledge that professionals attain, and how the use of this knowledge should be governed when providing a service to the public. The professional carries additional moral responsibilities to those held by the population in general. This is because professionals are capable of making and acting on an informed decision in situations that the general public cannot, because they have not received the relevant training. For example, a layman member of the public could not be held responsible for failing to act to save a car crash victim because they could not give an emergency tracheotomy. This is because they do not have the relevant knowledge. In contrast, a fully trained doctor (with the correct equipment) would be capable of making the correct diagnosis and carrying out the procedure and we would think it wrong if they stood by and failed to help in this situation. You cannot be held accountable for failing to do something that you do not have the ability to do. 

 This preliminary action/overview will help you understand the nature of professional obligations and the tensions that arise among professional groups.  The section in particular explores the ethical dilemmas that arise from working within multi-professional teams. In response to the new ethical and regulatory environment, many professional bodies have produced revised codes of ethics.  These new codes are generally based on principles, as opposed to rules.  What this means in practice is that professionals are expected to apply certain principles when determining how they should act, as opposed to simply following a set of rules. However, applying the principles to complex professional dilemmas requires the development of a set of ethical competences. Key competences include: 

• An understanding of when ethical dilemmas pertaining to professional work arise in the first instance.
• An appreciation of the bases that make the principles worth pursuing.  Why, for example, should a pharmacist, “encourage patients to participate in decisions about their health?’’ or a teacher “use the computers at school or work to earn extra money?" or a professor “ask his student for a date?”
• An understanding of the different ways in which a principle can be translated into an action. For example, when exercising professional judgment, how do you determine what the interests of the public are, in contrast to the interests of patients, students or other clients?
• And finally, it requires the ability to resolve a situation where principles are in conflict.

         II. Lesson Objectives: 

·         To explain the professional ethics with regard to one's conduct of behavior and practice when carrying out professional work, and  matters such as professional indemnity.

·         To discuss the codes of ethics that are concerned with a range of issues, including: academic honesty; adherence to confidentiality agreements; data privacy; handling of human subjects; impartiality in data analysis and professional consulting; professional accountability; resolution of conflicts of interest; and software privacy.

·         To consider every aspect of the purpose of ethical standards to professional/worker, and to examine critically the pros and cons of professional ethics in relation to the 6 subsections, namely, intellectual property, academic integrity, use of computer facilities, human relations, professional integrity, and values.


  III. Study Guide/Main Body of the Lesson:

·         Professional Ethics/Codes of Conduct/Codes of Practice

·         Advantages and Disadvantages of a Code of Ethics

·         Considerations/Guidance for Writing a Code of Ethics

·         Professional Ethics: Teaching

·         Intellectual Property: Ethical Aspects

·         Ethical Theory: Aristotelian Ethics/Cross-Cultural Ethics

·         Employment Ethics: Keeping an Employment Contract

 

                  IV. Learning Tasks/Activities: 

          A.     Definitions and Distinctions

 It is not the writer’s purpose in this learning module to propound any ethical theory in the profession. He wishes simply to draw certain distinctions which need to be recognized in discussion of ethical phenomena and to select and define a term to mark each of the types of phenomena distinguished. The terms and definitions he suggests are deliberately designed to avoid foreclosing any ethical issue concerning professional work, etc. They could, he thinks, be used in the way here presented for exposition of any ethical theory, though, of course, many ethical theories would need restatement if the definitions were used. Such restatement would only modify the theories insofar as it revealed some parts of them to be due to oversight or confusion. The definitions are close enough to the usage of ordinary speech to be readily intelligible but distinctively designate certain important differences among ethical phenomena which are often confused but in common speech and philosophical discussion.

To avoid prejudgment of the issue between naturalistic and non-naturalistic ethics, the writer shall need to begin with an ethical term which will not be defined by analysis, even though it may be naturalistically definable. Its meaning will have to remain, for present purpose, only denotatively indicated. The writer selects the term “obligation,” or “duty” to one’s profession, holding these terms to be synonyms. To say “A has an obligation to do X” which is equivalent to “A ought to do X,” in that sense of “ought” which is commonly held to be peculiar to ethics. Here both a similarity and a difference will be noted if compared to the term G.E. Moore, in Principia Ethica, took as indefinable, i.e. the term “good,” interpreted as equivalent to “ought to exist.” 

Professional ethics concerns the moral issues that arise because of the specialist knowledge that professionals attain, and how the use of this knowledge should be governed when providing a service to the public. Its distinction to other ethical theory is that it arises as to the ethical limits of the professional’s responsibility and how power and authority should be used in service to the client and society. Its major task is obligation or duty to a particular profession associated with conduct of behavior and practice when carrying out professional work. Such work may include consulting, researching, teaching and writing. 


               B.     Theory Input

   Preliminary Action:   

Results show that professional ethics, despite being one of the main areas in the national curriculum for both forms of teacher education, is an educational area associated with relatively modest expectations on behalf of the students. The same holds true for assessment of outcomes.The analyses of structures of expectancies and assessment of outcomes highlight three dimensions relevant to professional ethics: the individual/collegial dimension, the cognitive/emotional dimension, and the student/profession oriented dimension. In the expectancy structure of early  education students, ethical deliberation seems to be not only a cognitive matter but also a private one as it is connected to critical reflection and evaluation of own work. The emotional dimension is added in the assessment of outcomes structure, as ethical deliberation becomes connected to empathy and tolerance.

Further, teachers expect to learn more within the ethics area by graduation end up in a cluster characterized by high assessment of outcomes within PLANNING, LEADERSHIP AND RESPONSIBILITY, indicating a professional orientation towards the individual responsibility of an educational leader of a team of care givers in the typical early education context. In contrast, the ethical position of education students starts out as encompassing both cognitive and emotional dimensions as well as communicative, maybe collegial discursive, ones. However, as reflected in the assessment of outcomes structure, the latter is lost at graduation. Graduate school professors and students initially high on expectations within the professional ethics area tend to end up with high assessment of outcomes within the very same area.Education in the professions is commonly thought of as teaching theory later to be applied in professional action. Surprisingly the items on different kinds of knowledge in the beginning of studies are conceptualized as one distinct factor, isolated from the other items reflecting diverse curriculum components. In the end of studies aspects of knowledge are distributed across several other components. 

Not so ethics, with the possible exception of knowledge about rules and regulations in the early education teachers sample. The analyses performed do identify ethics as one of the distinct components both in the beginning of studies and at the end for the early childhood education student sample, and at least at the end for the teacher education sample. At the end of studies it is in both samples comprised of ethical deliberation, tolerance and valuing different points of view. Accepting responsibility and making decisions comes in addition for graduate school students.

             
         According to Chris MacDonald in his considerations for writing a code of ethics, most major corporations, and many smaller companies, now have Codes of Ethics, along with a range of other issue-specific ethics documents. Such a document embodies the ethical commitments of one’s  organization; it tells the world who the person is, what he/she stands for, and what to expect when conducting business with him/her. The content of a Code, and the process for writing it, can vary quite a lot, but there are some of the standard issues to consider. There are questions surrounding the validity of professional codes of ethics. On a practical level it is very difficult for those independent of the profession to monitor practice, leaving the possibility that a code of practice may be self serving. This is because the nature of professions is that they have almost a complete monopoly on a particular area of knowledge. 

        Theory input was supported by the Association of Social Work Boards, 1996: Standards of Practice/Code of Conduct, and Model Work Practice Act, in the Association of Social Work Boards, Social Work Laws and Regulations with a Comparison Guide, (Culpeper, VA: ASWB). Thus, the additional course goals and content analysis with categorical inputs are given due recognition on behalf of the students, teachers and professionals.

Course Goals/Content Analysis: 

                                     Input 1 (General Goals) – It should be clearly stated, and must be related to ethical work practice. The overall purpose of this model course is to encourage and help students develop a better understanding of and manage the ethical issues and dilemmas they encounter in practice. The goals are:

1. To enable students to increase their appreciation and understanding of the history and evolution of

    values and ethics in the work profession;

2. To enable students to develop skills in applying relevant ethics concepts and theories of ethics to

    professional work practice;

3. To provide opportunities for students to acquire knowledge about professional, and ethical    

    standards of practice, their role in competent, ethical work, and times at which professional standards

    may conflict;

4. To provide opportunities for students to increase self-awareness and develop an awareness of the

    interplay of personal values and professional behavior; and

5. To enable students to increase their ability to recognize ethical issues and to apply ethical

    decision-making frameworks and protocols through enhanced use of critical thinking skills;

6. To enable students to increasingly recognize and embrace the role of diversity and social justice in

    understanding and addressing ethical dilemmas.

Input 2: (Core Content) -- It should address specific core areas. The needs of course

students may determine how much emphasis each of these content areas will receive. The core content areas are:

1. History and evolution of values and ethics when carrying out a professional work;

2. Ethics theories (e.g. Abramson, Gilligan, Levy, Keith-Lucas, Loewenberg, Reamer, etc.);

3. Professional standards of work practice, such as exhibited in the ethical codes of the Graduate

    School Studies;

4. Professional values and self-awareness about ethical professional behavior; and

6. Ethical decision making processes and dilemma examples.

                        Input 3: (Applicable Areas of Practice) -- Professional work ethics applies to all aspects of professional work practice, and is not limited to ethical direct practice. Students should understand that professional workers may come to an ethics training from a wide range of professional backgrounds, and should be aware of whether the content provided is applicable to direct practice, indirect practice, or both practice areas: a) direct practice – it  can be defined as the range of professional work activities with or on behalf of clients in which goals are established, worked toward and guide to professional work ethics course development reached through personal contact and immediate influence with those seeking social services; b) potential ethical issues -- they include but are not limited to sexual misconduct, boundary issues, dual and multiple relationships, conflicts of interest, confidentiality, informed consent, service delivery, professional competency, fraud, client rights, professional impairment, mandatory reporting, discrimination, diversity, billing practices, social justice, supervision and consultation; c) indirect practice – it can be defined as those professional social work activities such as administration, supervision, research, publication, policy development, education (classroom and field instruction) which may not involve immediate or personal contact with clients being served.

Input 4: (Objectives) -- Educators should have a clear idea of what a student who takes graduate school studies will be able to do at the end of the course presentation, and should clearly communicate these objectives to students. Both educators and students should be able to measure the degree to which these objectives were met through the course. Objectives for a course will vary depending on the purpose of the course, the skill level and experience level of the professional worker, and the educational preferences of the person and/or organization designing the course. The first step in designing course objectives is to develop a clear idea of the target audience for the course. Just as professional workers are employed in a wide variety of ethical settings, they bring a range of knowledge and skill levels to any continuing education course. Courses in ethics could be designed to meet the needs of practitioners of three general skill levels: basic, intermediate and advanced. These skill levels may be conceptualized by using a variety of factors. The following are a few examples of these factors: a) Level of competency in assessment, knowledge and skills of the professional worker; level of education; level of licensure; years of practice experience; b) Use of specialized methods or ability to use more complex methods; c) Focus on a particular population, problem or area of practice.

Input 5: (Ethical Decision-Making) – it contains examples of possible course outcomes or objectives for a core content area entitled “Ethical decision-making processes” for three skill levels. These sample objectives contain references to a “professional work practice situation”-- in the basic level this is referred to as an “uncomplicated professional work practice situation, “while in the intermediate level there is a reference to a “moderately complex professional work practice dilemma.” The differences in these practice situations would lie in the factors that may complicate an ethical dilemma: for example, the relationship between the severity of the problem and client’s strengths, or the experience level of the professional worker, the number of people involved and/or degree of magnitude of the problem (e.g. life or death situation).

                        Input 6: (Ethical Principles) -- Ethical practices apply to many professions, the relationship of the ethical principles to the practice of professional work, and the integration of ethics into the core values of the profession, demands that presenters be students, teachers, workers and professionals and that they have extensive knowledge in broad ethical principles and theory, values and ethics within professional work, and the practical application of these concepts.

             C. Exercises

Posed Questions:

·         React intently and comprehensively to this paragraph:

“Some people live to work; others work to live. Whether your job is your greatest joy in life or just a duty, it is worth reflecting on whether what you do at work contributes to making the world better. Maybe your work won't win a Nobel Prize, a Turing Award, or a Field Medal, but you can use some of your creative energy to see that your efforts have some positive value. When all is said and done, your non-scholarly contributions might far outweigh your scholarly ones if you encouraged an at-risk student, wrote a clear textbook, helped a more junior colleague, and organized a conference that catalyzes new research, or made a staff member's life a little easier. Whatever your values, bring them to work.” 

·         Confidentiality

                 Question:
Rita Adolfo is an attorney who is representing a man in a divorce action. Her client has just called her and said (referring to his wife's lawyer) "I ought to just go over there and shoot that lousy low-life." She does not believe her client is likely to do any such thing but is concerned about her professional responsibilities.

Which of the following most accurately describes Lee Anne's obligations under the Model Rules of Professional Conduct?

(A) She must disclose what her client said to her opposing counsel because her client has threatened to cause death or serious bodily harm; even though she does not believe harm is likely. 
(B) She may not disclose the client's statement because she does not believe that the client is likely to carry out the threat.
(C) She may disclose the client's threat anonymously to the police.
(D) She has discretion to disclose her client's threat to her opposing counsel to prevent death or serious bodily harm; even though she does not believe harm is likely.

·         Conflicts of Interest

                 Question:
Joseph Navarro is an attorney who, until recently, was employed by McMillen & Elkin. Joseph now is interviewing for a job with Johnston & Barone, another local law firm. Johnston & Barone would like to hire Joseph, but they are concerned because Johnston & Barone's biggest case is against a client represented by McMillen & Elkin, and Joseph worked for McMillen & Elkin while that case was ongoing (although Joseph had nothing to do with the case and knows nothing about it or the client). 

Which of the following best describes Johnston & Barone's options under the Model Rules of Professional Conduct? 

(A) The firm may hire Joseph as long as McMillen & Elkin's client gives informed consent, confirmed in writing. 

(B) The firm may hire Joseph as long as the firm is prepared to withdraw from the case against McMillen & Elkin's client.

(C) The firm may hire Joseph as long as it screens him from any participation in the case involving McMillen & Elkin's client and as long as he receives no income from the case.

(D) The firm may hire Joseph and continue in the case because Joseph did not acquire confidential information about McMillen & Elkin's client.

·         Competence, Communication, and Scope of Authority

Question:
Michael Rosales is a new attorney who has opened his own law office. A competent but aging client has asked Michael to draft an irrevocable trust that will provide for her during her lifetime but will place her financial affairs in the control of her son, as trustee. Michael has never done any such thing. 

Which of the following most accurately describes Michael’s obligations under the Model Rules of Professional Conduct?

(A) Michael must decline the representation because he is not competent to perform the services that the client needs.

(B) Michael may only accept the representation if he associates an experienced lawyer to assist him.

(C) Michael may accept the representation if the requisite level of competence can be achieved by reasonable preparation.

·         Since professions exist to create expectations, a professional’s obligation is to meet them. Professional obligations are questions of fact, not ethics. What is expected? What is consistent with the mission of the profession? Furthermore, what general ethical obligations apply in the context of a professional’s work? Should one practice the profession at all?

·         Write an abstract about the salient points of the following: professional ethics – teaching; Aristotelian ethics; and Cross-cultural ethics.

V. Assignment:

·         Write an epitome of your personality and self-awareness, as far as professional ethics is   concerned, by posing these questions: Under what kinds of conditions do you do your best work? What kinds of working conditions do you find the most difficult? It's possible, of course, to be loyal to your employer but still to disagree with some of the rules and policies. Can you provide an example in your own experience?

                          PART II – LEGAL ASPECTS OF EDUCATION

 I. Overview:

                     Everything in education is established, defined, and implemented by law. Public schools are funded by taxpayers through legislation. School operations and administrative issues are set by law (class sizes, use of funds, teacher licensure, etc.). States define academic standards through legislation. Even the amount of classroom is limited and defined through state or local codes.

                    The purpose of the legal aspects of education program is to prepare collaborative, proactive educational leaders committed to improving the quality of educational legal knowledge in a variety of organizational contexts. It is designed to acquaint school administrators, teachers, students and parents with fundamental legal issues that impact Philippine elementary and secondary schools. Not only the learning institutions but also the other private and government agencies to have adequate legal preparations, more particularly the leaders or professional educators who are tasked to require full exposure to a variety of the legal components affecting private and public establishments, including elementary and secondary educations.

II. Lesson Objectives:

·         Discuss the differences and similarities between the two main Republic Acts 4670 and 232 from Magna Carta for Public School Teachers and the Education Act of 1982.

·         Understand and be able to identify the legal aspects of education, particularly the educational law and its purpose.

·         Explore the nature and implications of moral conflicts that arise from the pertinent provisions of the Magna Carta.

·         Produce an effective legal essay/debate which takes a stand for/against intellectual property (IP) concerning the patent, trade secret and copyright.

III. Study Guide/Main Body of the Lesson:

   Unit I: Legal Aspects of Education; Laws/Regulations   

   Pertaining to Conduct and Ethical Standards of Public

   Official/Employees; Corresponding Disciplinary

   Actions/Penalties

               A. Education is Established, Defined and Implemented by

                     Law; Public Schools/School Operations and    

                     Administrative Issues/Academic Standards

               B. Intellectual Property: Legal Aspects

               C. Anti-Graft and Corrupt Practices Act – RA 3019

               D. Code of Conduct and Ethical Standards of Public Officials

                     and Employees (RA 6713)

               E. Rule XIV – Discipline – Book V of EO 292 (Revised

                     Administrative Code)

               F. Plunder Law – (RA 7080 as amended by RA 7659 – the

                     Death Penalty Law) and the Petition of Former President

                     Estrada to Declare Plunder Law Unconstitutional

               G. Article XI of the 1987 Constitution – Accountability of

                     Public Officers

     Unit II: Laws Pertaining to Education

               A. Article XIV of the 1987 Constitution – Provisions for

                     Education

               B. Batas Pambansa Blg. 232 – The Education Act of 1982

               C. Other Legal Bases – Act No. 74; Act No. 2706; 

                      Commonwealth Act No. 1; Commonwealth Act No. 80;

                      Commonwealth Act No. 578; Commonwealth Act No.

                      586; Commonwealth Act No. 589; Republic Act No. 139;

                      Republic Act No. 896; Republic Act No. 1124; Republic

                      Act No. 1265; Republic Act No. 1425; Republic Act No.

                      4670; Republic Act No. 1079; Republic Act No. 6655;

                      Republic Act No. 6728; Republic Act No. 6850; Republic

                      Act No. 7079; Republic Act No. 7323; Republic Act No.

                      7722; Republic Act No. 7731; Republic Act No. 7743;

                      Republic Act No. 7784; Republic Act No. 7796; Republic

                      Act No. 7797; Republic Act No. 7836; 

               D. Magna Carta of Public School Teachers

               E. Higher Education Act of 1987

               F. Localization Law – RA 8190

      IV. Learning Tasks/Activities:

1. Definitions and Distinctions

How do legal aspects define and how they are distinct from the others in terms of legal bases or theories as far as education is concerned? Legal aspects, especially rights of students and the corresponding responsibilities and obligations of schools and educational personnel for meeting their educational needs, the course will include specific legal components inherent with the identification and education of students including adaptations of classroom instructional methodology for students in the regular educational classroom. They serve as a continuing step in providing the understanding and awareness of issues which are important to the successful operation of legal aspects. They contain accurate and authoritative information discussing the often misunderstood facets of these programs. Legal problems associated with facilities and equipment, personnel and practices, the practice and unauthorized practice, informed consent, documentation and more are all given utmost definitions and distinctions further in this learning module.

2. Theory Input

According to MSN Encarta, law, body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members. The nature and functions of law have varied throughout history. In modern societies, some authorized body such as a legislature or a court makes the law. It is backed by the coercive power of the state, which enforces the law by means of appropriate penalties or remedies. Formal legal rules and actions are usually distinguished from other means of social control and guides for behavior such as mores, morality, public opinion, and custom or tradition. Of course, a lawmaker may respond to public opinion or other pressures, and a formal law may prohibit what is morally unacceptable. On the other hand, the structure of school governance, decision making, and the relevant state and federal legislation affecting public schooling are deliberately studied with in-depth application and theoretical analysis with the help of external laws that link the school and the community. The 1987 Constitution and other laws pertaining to education serve partly as the theoretical input about legal aspects of education. Further studies about these laws will be fully backed up with legal means to support the claims in Philippine educational system as far as the functions of the law are concerned.

Law serves as a variety of functions. Laws against crimes, for example, help to maintain a peaceful, orderly, relatively stable society. Courts contribute to social stability by resolving disputes in a civilized fashion. Property and contract laws facilitate business activities and private planning. Laws limiting the powers of government help to provide some degree of freedom that would not otherwise be possible. Law has also been used as a mechanism for social change; for instance, at various times laws have been passed to inhibit social discrimination and to improve the quality of individual life in matters of health, education, and welfare. 

Some experts believe the popular view of law overemphasizes its formal, coercive aspects. They point out that if a custom or norm is assured of judicial backing, it is, for practical purposes, law. On the other hand, a statute that is neither obeyed nor enforced is empty law. Social attitudes toward the formal law are a significant part of the law in process. The role of law in China and Japan, for example, is somewhat different from its role in Western nations. Respect for the processes of law is low, at least outside matters of business and industry. Tradition looms much larger in everyday life. Resort to legal resolution of a dispute is truly a last resort, with conciliation being the mechanism that is preferred for social control. 

  The legal experts, particularly in Philippine Educational System, implement stiff legal aspects (culled from legal bases of Philippine Education and Legal Foundations of Education by Cecilio Duka; 1987 Constitution (Article XI & XIV); Nachura, Antonio, Outline/Reviewer in Political Law, 2002: Jurisprudence – GR # 148560, Nov. 19, 2001; Civil Service Law (Book V of Title 1 – Executive Order 292; Republic Acts as Integrated in the Course Content; Education Act of 1982 Book; and Magna Carta for Public School Teachers). Other legal aspects include Laws/Regulations Pertaining to Conduct and Ethical Standards of Public Official/Employees; Corresponding Disciplinary  Actions/Penalties; Anti-Graft and Corrupt Practices Act – RA 3019; Code of Conduct and Ethical Standards of Public Officials and Employees (RA 6713); and  Article XI of the 1987 Constitution – Accountability of Public Officers. In Unit II, the topics include Laws Pertaining to Education.

 C. Exercises

        Posed Questions:

·         How is a moral conflict best resolved?

·         Write a summary reaction to this paragraph: “Accountability is the obligation to render an account for the responsibility conferred. When systems for public transparency and accountability are being devised, four questions must be considered: (a) who is accountable? (b) for what is s/he accountable? (c) to whom is s/he accountable? and (d) how is that accountability discharged? As the discharge of accountability requires transparency, in this lesson we will henceforth use the term accountability as a shorthand for accountability including transparency.”

·         Does government through CHED return the focus of the Higher Education Act to its first priority by concentrating taxpayer subsidies and grant on those who cannot afford higher education?

·         Write an epitome of the salient points of Anti-graft and Corrupt Practices Act – RA 3019 and Plunder Law.

V. Assignment:

·     Cite one example of a moral conflict in your school. How was it resolved?

·     Make a reaction paper based on the preliminary action, content   analysis, conclusion   and recommendation about Intellectual Property - Legal Aspects and Intellectual Property - Ethical Aspects. 

10. Post-test:

                     The posttest is used to determine how much the student has learned after undergoing all the lessons contained in the module. The pretest may be used as a posttest. The facilitator takes notes of the pretest and posttest results and compares the scores in order to determine whether the learner has improved after accomplishing the module. 

                    Attached herewith are the 100 questions/test items of the pretest and posttest, all the students in the Graduate School with modular lessons are expected to answer said questions as a whole covering test items for professional ethics, including the legal aspects of education.

                      Furthermore, for comparison in getting the scores of the pretest and posttest, the facilitator has to use statistical tests. One useful statistical formula for this purpose is the Fisher’s t-test of mean difference between two sets of scores.

11. Post-test Key and Evaluation:

                        The posttest key contains the answers to the test based on 100 questions/test items. The answer key is attached/found in the facilitator’s manual. The teacher concerned is responsible for said answers for safekeeping and ready reference. The evaluation contains the equivalents of the ratings, the same equivalents assigned to the pretest which are used in the posttest. (see sample of equivalents in the pretest under the pretest feedback and evaluation).

12. Bibliography/Course Reference:

                        It is a list of books, periodicals, government documents, etc. that the student has to use in order to accomplish the modules. For further course references, please look at the following or consult for information using these guides:

·                     Section Editors Robert Davison and Ned Kock, Professional Ethics

www.fb.cityu.edu.hk/is/research/ISWorld/ethics/index.htm

·                                 McDonald, Michael, Ethics and Conflict of Interest

www.ethics.ubc.can/people/mcdonald/conflict.htm

·                                 Chris MacDonald, Ph.D., Guidance and Considerations for Writing a Code of Ethics

www.ethicsweb.ca/codes/coe3.htm/www.ethicsweb.ca/codes/writing-a-code-of-ethics.htm

·                                 Ethical Code/Codes of Ethics

      www.en.wekipedia.org./wiki/Ethical code

·                                 Cecilio Duka, Legal Bases of Phil. Education/Legal Foundations of Education

http://alabkoop.alsnet.org/alab_koop%2066.htm

·                                 1987 Constitution (Article XI & XIV)

http://www.chanrobles.com/philsupremelaw.htm

·                                 Magna Carta of Public School Teachers

http:/www.lawphilnet/statutes/repacts/ra1966/ra_4670_1966.html

·                                 Nachura, Antonio, Outline/Reviewer in Political Law, 2002

·                                 Jurisprudence – GR # 148560, Nov. 19, 2001

·                                 Civil Service Law (Book V of Title I – Executive Order 292)

·                                 Republic Acts – as Integrated in the Course Content

·                                 Batas Pambansa Blg. 232 – Education Act of 1982

  PRETEST/POSTTEST

                 PART I – PROFESSIONAL ETHICS

1.       Distinguish ethics from professional ethics.

2.       What do you mean by the following:

a.       code of ethics;

b.       code of conduct; and

c.       code of practice?

3.  Expound on this statement: “A code of ethics should be tailored to the needs and values of             your organization.”

4.   Think carefully about the process by which you create your new code. Who will be involved? A small working group? Or all the people affected by the code? How will you distil the needs of your organization and the beliefs of your members into a document? The process may matter as much as the final product.

5.   How will your new code be implemented? How will it be publicized, both inside and outside of your organization? What steps, if any, will be taken to ensure that the values embodied in your code get implemented in organizational policies and practices?

6.   How/when will your code be reviewed/revised?

7.   What is really the purpose of ethical standards as far as professional ethics is concerned?

8.   In academic integrity, is the university system of education built upon a high level of trust that students and faculty will be honest in their dealings with each other? Does it break down quickly if this honesty is lacking? Are there some actions violated the trust in academic integrity?

9.   One of the subsections in professional ethics is the use of computer facilities. Cite at least 5 examples of activities that are universally prohibited in the use of computer facilities.

10.  What is professional integrity?

11. Does professional integrity encompass a wide variety of responsibilities? Give a few of them (concrete examples of responsibilities).

12.  Are codes of practice legally enforceable? Why?

13.  Give an epitome of professional ethics with regard to teaching.

14. Say something about ethical theory as far as Aristotelian ethics/cross-cultural ethics is concerned.

15.  What is the difference between considerations for writing a code of ethics and guidance for writing a code of ethics?

16.  What do you understand about employment ethics?

17.  Cite at least 2 advantages and disadvantages of a code of ethics? Explain each.

18.  Expound on the professional ethics that concerns one's conduct of behavior and practice when carrying out professional work, and the professional ethics that concerns matters such as professional indemnity.

    19. Discuss the codes of ethics that are concerned with a range of issues, including:      academic honesty; adherence to confidentiality agreements, data privacy; handling of human subjects; impartiality in data analysis and professional consulting; professional accountability; resolution of conflicts of interest; and software privacy.

           20.   The purpose of ethical standards is to provide an implicit foundation upon which human interactions can proceed smoothly. Answer each question below in relation to the 6 subsections of professional ethics such as intellectual property, academic integrity, use of computer facilities, human relations, professional integrity and values:

a.       “How much credit do I need to give previous authors whose words or ideas I have   used?"

b.       “How much help can I get on a homework assignment without cheating?”

c.       “Should I warn a hospital that my company has delivered a shoddy piece of software to them?”

21.  Whether it's a formally written contract or simply a handshake deal, must both sides   ethically maintain an open or honest relationship for the benefit of everyone? Why?

      22.  Since professions exist to create expectations, a professional’s obligation is to meet them.    Professional obligations are questions of fact, not ethics. What is expected? What is consistent with the mission of the profession? Furthermore, what general ethical obligations apply in the context of a professional’s work? Should one practice the profession at all?

23.   Write an abstract about the salient points of the following: professional ethics – teaching; Aristotelian ethics; and Cross-cultural ethics.

24.  Why is it very difficult for those independent of the profession to monitor practice, leaving       the possibility that a code of practice may be self serving?

25.  Expound on this statement: “By establishing oneself as an ethical employee, a reputation is established that results in raises and opportunity for advancement.”

26.  Do teachers expect to learn more within the ethics area by graduation end up in a cluster characterized by high assessment of outcomes within PLANNING, LEADERSHIP AND RESPONSIBILITY? Why? Support your answer.

27.  Do you agree or disagree with this statement: “An ethical behavior means a better career  path, with greater opportunities for promotions, and for being paid better salaries? Why?

28.  Is an ethical employee highly prized wherever she/he goes in the business world? Why? Cite concrete examples.

29.  Does the professional carry additional moral responsibilities to those held by the population   in general? Why?

30.  In your opinion, what do you understand about disciplinary codes?

31.  Based on a theoretical level, is there debate as to whether an ethical code for a profession should be consistent with the requirements of morality governing the public; thus, separatists argue that professions should be allowed to go beyond such confines when they judge it necessary? Why?

32.  Why does professional ethics concern or entail in the moral issues that arise both in the   private and public sectors?

33.  How can you define professional and personal ethics?

 34.  Give your comment on this: “Professors, guided by a deep conviction of the worth and       dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as  they see it. To this end professors devote their energies to developing and improving their scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although professors may follow subsidiary interests, these interests must never      seriously hamper or compromise their freedom of inquiry.”

35.   React to this paragraph positively and negatively: “As teachers, professors encourage the free pursuit of learning in their students. They hold before them the best scholarly and ethical standards of their discipline. Professors demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Professors make every reasonable effort to foster honest academic conduct and to ensure that their  evaluations of students reflect each student’s true merit. They respect the confidential nature of the relationship between professor and student. They avoid any exploitation, harassment, or discriminatory treatment of students.”

36.    In professional ethics, does it connotatively matter which hat we wear? Why?

37.    What is a profession?

38.    What do you mean by professional obligation?

39.    Give your point of view about conflicting obligations.

40.    Give the difference between these two phrases: “To teach professional ethics and to teach

       ethics to professionals.”

41.    What do you fathom about ethics education?

42.    What is the difference between professional ethics from health ethics?

 

43.    What is professional responsibility?

44.    What are the basic responsibilities of the profession? Teaching or general office work?

45.    A solicitor is expected to act honestly at all times - the rules of professional conduct are clearly stated - but in this case, the solicitor appears to have organized and participated in a well planned, deliberate deception of an offshore court, the husband and the husband’s two sets of lawyers. How, I ask myself, is that honest? Support your answer.

46.    A manager in a multi-office CPA firm serves on the board of directors of a potential review client. The manager would not be assigned to provide services to the client nor located in the office that would perform the engagement. Is the firm independent to perform the review? Why?

47.    What is moral considerability? Ethical pull? How are they related to one another?

48.    How are moral problems and values related?

49.    The professional, when confronting a choice, is faced with two questions:

What should I do as a human being? / What should I do teaching as a profession?

50.    How does a code of ethics apply when cultures have different values (i.e. “saving face” vs.

discrepancies)?