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pollsIs Law Undermining Public Education? A Summary of Common Good Poll Results, 2004 July 1, 2004
The fear of lawsuits and the morass of legal bureaucracy in America's public schools is undermining classroom order, hindering learning, and hampering the ability of educators to use their best judgment in day-to-day decisions. The legal culture in public schools has led to second guessing and defensive teaching by educators, who must deal with students and parents increasingly willing to challenge their judgment. In 2004, Common Good commissioned two polls, "Defensive Teaching in Our Public Schools" and "'I'm Calling My Lawyer': How Litigation, Due Process and Other Regulatory Requirements Are Affecting Public Education," to explore these topics with teachers, principals and parents. The results demonstrate the need for change.
Teaching Interrupted: Do Discipline Policies in Today's Public Schools Foster the Common Good? Public Agenda, May 1, 2004
A poll conducted by Public Agenda and commissioned by Common Good found that discipline in America's public schools is falling victim to "a culture of challenge and second guessing." Teachers told Public Agenda about a "tyranny of the few," armed with the possibility of a lawsuit, undermining their ability to maintain order in the classroom.
Defensive Teaching in Our Public Schools Harris Interactive, March 24, 2004
A survey by Harris Interactive® of public school teachers and principals throughout the nation has found that more than three-quarters of those surveyed--82 percent of teachers and 77 percent of principals--agree that the current legal climate has created a phenomenon that could be called “defensive teaching”--meaning that their decisions are motivated by a desire to avoid legal challenges. And the threat of lawsuits has become pronounced: 62 percent of principals surveyed said that they have been threatened with a legal challenge by parents.
"I'm Calling My Lawyer": How Litigation, Due Process and Other Regulatory Requirements Are Affecting Public Education Public Agenda, November 1, 2003
Pilot study found that "for many principals and superintendents, avoiding lawsuits and fulfilling regulatory and due process requirements is a time-consuming and often frustrating part of the job."
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