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, while 35 percent of principals have been threatened with other harm or assaulted by parents.
The survey was conducted for Common Good. Harris Interactive conducted the telephone survey among 500 teachers and 301 principals from public schools nationwide.
Other findings from the poll include the following:
- 77 percent of principals think that principals (other than themselves) avoid decisions that they think are right simply because they might be challenged legally;
- 61 percent of teachers think that teachers (other than themselves) avoid decisions that they think are right simply because they might be challenged legally;
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62 percent of principals believe that concerns about legal challenges have made teachers' relationships with students less personal.
Other topics were explored in greater detail with sub-samples of teachers and principals from the survey (230 teachers and 167 principals). Results revealed the following:
- 85 percent of teachers and 80 percent of principals believe that having fewer laws, rules and legal mandates would help the quality of education in their schools;
- 77 percent of teachers and 81 percent of principals believe that increased laws, rules and legal mandates have hurt their ability to do their jobs;
- 63 percent of teachers and 64 percent of principals believe that the increased potential for legal challenges by students or parents has hurt their ability to do their jobs;
- 63 percent of principals said that fear of legal challenge affects their willingness or ability to fire bad teachers.
That same sub-sample had the following views on potential solutions:
- 85 percent of both teachers and principals think that reducing the availability of legal challenges to day-to-day management and disciplinary decisions would help improve the quality of education in their schools;
- 88 percent of teachers and 77 percent of principals think that replacing legal hearings and lawsuits with oversight by a school-based committee including teachers and parents would help improve the quality of education in their schools;
- 83 percent of teachers and 65 percent of principals think that replacing detailed rules with oversight by a school-based committee would help improve the quality of education in their schools;
- 71 percent of teachers and 75 percent of principals think that empowering principals to hire and fire teachers and other school staff with oversight by a school-based committee would help improve the quality of education in their schools.
"This remarkable survey reveals that legal fear is taking hold in our schools, creating 'defensive teaching' and undermining the ability of educators to use their best judgment in day-to-day decisions. Teachers are squeezed in both directions. Legal threats and bureaucratic micromanagement conspire to crush the human spirit, needed to teach our children." (Philip K. Howard, Chair of Common Good)
Click here to download a PDF of the complete survey.
Click here to read our press release.
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