EDTE 411: LAW, ETHICS AND

REGULATIONS IN SCHOOLS
Dr. Emmanuel Adjei-Boateng
PhD (Teacher Education); M.Ed. (Education); MA (Human
Rights Ed.); B.Ed. Social Studies; Cert. ‘A’ Post-Sec.
“The law plays a part in everything that
educators do. Some practices are required
by law, some are prohibited, and the rest
are permitted” (Imber & Geel, 2005 p.13; 2004, p. 14)
 Educational Law
• Educational law can be considered as the education and
training which aims at equipping educators with the legal
knowledge and understanding they would need to
perform their job. It also focuses on the legal and policy
issues including litigations and controversies educational
professionals face in their practice. (Imber & Geel, 2004)
 Educational Law
• To the lawyers, education law may involves
• representing children to ensure their access to education, or focusing on the
field of special education law.
• working for school/educational institutions and dealing with importance
issues involving school governance, collective bargaining, and student
discipline.
• Lawyers who work in nonprofits and advocacy organizations also focus on
policy issues on educational reform via legislative and advocacy work.
 Education and the Law
• Educational professionals function within a system regulated by laws.
The law:
• Establishes the school and indicates its mandate
• Provides framework for teachers recruitment and dismissal
• Provides framework for development of curriculum for teaches to use
• Gives teachers and heads some powers to control and discipline students
• Obliges teachers to take steps to protect and safeguard well-being of students
entrusted to their care
 Education and the Law
• Protects the right to free speech of both teachers and students
• Guarantees them of procedural protections in case of being fired or
disciplined
• Prohibits discrimination.
• Provides an orderly way for stakeholders involved in education to seek a
remedy when they feel they are treated unfairly.
 The Need for Education Law

• The purpose of educational law is not to turn

us into professionals lawyers. However,
educational law is important in the school
practices of teachers and other education
professionals.
 The Need for Education Law
• Research evidence shows
• School personnel lack knowledge of the basic principles of law related to
education
• School personnel sometimes violate students’ rights in schools
• the extent of violations of students’ rights, by school personnel, is related to their
ignorance of the basic principles of the law related to education.
• that all teacher education institutions and programs should incorporate legal
aspects of education as a minimum curriculum requirement
 The Need for Education Law
• Professional development on how the law
influences school policies and practices is needed
by school administrators and classroom teachers at
both pre or in-service levels
 The Need for Education Law
• Knowledge in Educational Law would help educators to do their work well, by
helping them to:
• Realize that education is a human right. This right should lead
to realization of individual’s full potentials and also facilitate
enjoyment of other rights.
• Know their rights, responsibilities, and become conscious of
the legal ramifications of their actions
 The Need for Education Law
• Appreciate the need to pay close attention to their
actions in schools and classrooms since actions or
inactions of school personnel may constitute
human rights violations.
• Understand that we live in litigious society.
 Cont’d

• Understand that school personnel are legally obligated

and held accountable because children have many of
the same rights that adults have
• Realize that fundamental human rights are inalienable
since they are fundamental to the existence of the
human person. Students too have human rights
 Sources of Educational Law

• The forms/sources educational law are:

• Constitutional Provisions
• Statutes
• Regulations
• Policies
• Common Laws
• School Board Policies
 The Constitution
• Fundamental law of the country
• Establishes the arms government—
executive, legislative, and judicial
• The relationship among the three branches
• Makes education as right (especially basic
education)
• Provides for the protection of individual
rights
• legitimates and limits the actions of
government
• Controls the relationship between the
government and individual citizens
• Regulates the actions of government-run
public schools and the relationship between
the government and private schools
• Empowers Parliament to raise money for
education and to adopt certain types of
legislation affecting schools
(Imber & Geel, 2005; 2004)
 Statues/Statutory Law

• Laws passed by Parliament – Acts of • Laws governing education published

Parliament
• Statues must be consistent with the
Constitution,
• Majority of the statutes controlling the
operation of the public schools are
enacted by legislatures
either as an education code/Act.
• Dictates who may and who must attend
school.
• Create local public school districts and
boards and the means for their alteration
and dissolution.
 Statues/Statutory Law

• Designate the qualifications for public
school teachers and educational
administrators.
• Prescribe the school curriculum
• Establish minimum requirements for
high school graduation.
• Create a system for raising and
distributing funds for education.
• Provide for school funding formulas
• Establish certain limited powers for
schools to discipline students and
employees.
• Fix the selection process, duties,
powers, and limitations of local boards
of education.
 Statues/Statutory Law

• Regulate certain aspects of the program

of private schools.
• Outline duties of school boards
• Delegate authority to regulate and
oversee certain aspects of education to
state agencies and officers.
• Set teacher and administrator
certification requirements
 Common Law
• Common laws are laws which are created by the courts, not the legislature. Such laws
usually develop over time through accumulation of court decisions, customs and
general civic principles
• Courts interpret and apply constitutional and statutory laws
• Courts also apply to cases at hand relevant legal rules invented by themselves.
 Common Law

• two branches: civil and criminal
• The civil branch is important to
educators.
• It is divided into contracts and torts.
• Contract law – refers to the conditions
that make exchange of promise between
parties a binding obligation
• Tort law - matters like negligent
behavior resulting in injury, intentional
injuries, libel and slander, and injuries
that result from defects in buildings or
land
 Regulations

• Regulations are formulated by public • regulations issued by MOE,

departments, agencies, or bureaus, department and agencies of
which also created by statutes. education like GES
• To help in implementing the goals and • We are s are bound by these
filling in the details of legislation regulations
• Must meet three requirements:
• Its adoption must be according to a
procedure prescribed in a statute,
• must be consistent with the statute and the
constitution.
 School Board Policies

• school boards may issue rules and regulations.

• It must not be inconsistent with the constitutional, statutes, regulations,
and common law.
 Laws of Ghana
• According to article 11 clause 1 of the 1992 constitution, the laws of
Ghana comprise
• The Constitution
• Enactments made by parliament
• Any orders, rules and regulations made by any person or authority under a power
conferred by the constitution
• The existing law
• Common law
 The existing law
(article 11 clause 4)

• The existing law shall, except as otherwise provided in

clause (I) of this article, comprise the written and
unwritten laws of Ghana as they existed immediately
before the coming into force of this Constitution, and any
Act, Decree, Law or statutory instrument issued or made
before that date, which is to come into force on or after
that date
 Common law of Ghana
(article 11 clause 2)

• “The common law of Ghana shall comprise the rules of

law generally known as the common law, the rules
generally known as the doctrines of equity and the rules
of customary law including those determined by the
Superior Court of Judicature”.
 Customary law of Ghana
(article 11 clause 3)

• Customary law refers to “the rules of law which by

custom are applicable to particular communities in
Ghana”.
 Legal/Policy Framework of Education in
Ghana
• Laws, policies and regulations relevant to the operation
of education/schools and the work of educators (teachers,
school heads and other education personnel) in Ghana.
 Constitutional Provisions
• Laws of Ghana • Protection of Right to Life
• Article 11 (1) (a, b, c, d, & e), (2, 3, 4, 5, 6) • Article 13 (1 )
(7) (a, b, & c)
• Protection of Personal Liberty
• The laws of Ghana constitute the sources of
• Article 14 (1 ) (e) (5)
Educational Law in Ghana.
• Respect for Human Dignity
• Protection of Fundamental Human
Rights and Freedoms • Article 15 (1) (5) (a, b)

• Article 12 (1 & 2) • Protection from Slavery and Forced Labor

• Article 16 (1, 2)
 Constitutional Provisions
• Equality and Freedom from Discrimination • Educational Rights
• Article 17 (1, 2, 3) (4)(a, d)(5) • Article 25 (1) (a, b, c, d, e) (2)
• Protection of Privacy of Home and other • Cultural Rights and Practices
Property
• Article 26 (1)
• Article 18 (1, 2)
• Children's Rights
• Fair Trial
• Article 28 (1)(a, b, c, d, e) (2, 3, 4, 5)
• Article 19 (Read all, especially clauses 1&13)
• General Fundamental Freedoms
• Article 21 (1) (a, b, c, d, e, g) (2, 3)
 Statutory Laws
• Education Act, 2008 (Act 778)
• Ghana Education Service Act, 1995 (Act 506)
• Education Regulatory Bodies Act, 2020
• Children’s Act, 1998 (Act 560)
• Labour Act, 2003 (Act 651)
• The Criminal Code (Amendment) Act, 2003 (Act 646)
 Education Act, 2008 (Act 778)
• General Purpose of Education in Ghana • Establishment of Private Educational
• System of Education Institutions
• Free and Compulsory Basic Education • Change in Ownership
• Inclusive Education • Closure of Private Educational
• Medical Examination of Children Institutions
• Regional Education Directorates and their • Tax Exemption
functions
• District Education Directorates and their • Relations with Ministry
functions • Grievances
• Regulations
 Children’s Act, 1998 (Act 560)
• Definition of child • Penalty for contravention
• Welfare principle • Child labor
• Non-discrimination • Persons to report child abuse and protection cases
• Parental duty and responsibility
• Application to operate day-care centre
• Right to education & well-being
• Inspection
• Right to social activity
• Bye-laws and guidelines
• Treatment of the disabled child
• Policy directives
• Right of opinion
• Existing operators
• Protection from exploitative labor
• Offences under this Sub-Part
• Protection from torture and degrading treatment
• Regulations
• Right to refuse betrothal and marriage
• Interpretation
 Policies
• Capitation Grant Scheme
• Ghana School Feeding Program
• Free Senior High School policy /Double Track System
• Inclusive Education Policy
 Regulations

• Handbook for Teachers on Performance Management: Professional Requirements

Manual (NTC/GES)
• Pre-tertiary professional development and management in Ghana: Policy Framework
(MOE/GES)
• Code of Professional Conduct for Teaching & Non-Teaching Personnel of GES (GES)
• Unified Code of Discipline for Basic Education Schools (GES)
 Regulatory Bodies and their functions
• Ghana Education Service (GES)
• Ghana Tertiary Education Commission
• National Commission for Technical and Vocational Education and Training
• National School Inspectorate Authority (NaSIA)
• National Council for Curriculum and Assessment(NaCCA)
• National Teaching Council(NTC)
 Ethics & Professional Responsibility of
Educators
• The education of the children of this country has been
largely entrusted into the hands of the members of the
Ghana Education Service. This places members of the
Service, whatever their role, in a special position of
responsibility, which requires exceptionally high standard
of behaviour and conduct.
(NTC, 2008, P. 4)
 Ethics
• Ethics refer to “well-founded standards of right and wrong that prescribe what humans ought
to do, usually in terms of rights, obligations, benefits to society, fairness or specific virtues”.
• It includes standards that impose on us reasonable obligations to refrain from certain acts
including rape, stealing, murder, assault, slander and fraud
• It also includes standards relating to rights like right to life, right to freedom from injury, right
to privacy
(IEDE, 2014, p. 32-33)'
• Ethics is also seen “as being about conformity to rules and standards” (Banks, 2009, p. 4)
 Professional Ethics
• professional ethics‟ is often equated with codes, rule-following, analysis of
difficult cases and the development and use of ethical decision-making
models (Banks, 2009. p.1)
• The teaching profession fosters both the growth and development of
dedicated and competent teachers
• Members of this profession must at all times uphold both the honor and
dignity of this noble profession through their practice (Banks, 2009)
 Ethical Standards of Professional Practice of
Teachers
• They are statements that describe the ethical responsibilities of educators. These statements
focus on both professional values and ethical responsibilities germane to the teaching
profession.
• In our positions of trust and influence, as teachers, we for example must:
• Maintain professional relationship with our students
• Act with dignity, honesty, fairness, and integrity
• Respect confidential information about students unless disclosure is required by law
• comply with the appropriate acts and regulations
• Model respect for human dignity, spiritual values, moral/cultural values, freedom, social justice, the
environment and democracy. (Van Nuland, & Khandelwal 2006, 255-256).
 Cont’d
• Respect confidential nature of information on your colleagues obtained in
the course of your work unless disclosure is required by law or border on
criminality.
• Base your relationship with parents on respect, trust and good
communication
(Van Nuland, & Khandelwal , 2006, p. 256).
 Codes of ethics
• Codes of ethics are written or implicit sets of norms that usually identify
the core purpose of the profession and outline ethical principles and rules
or standards of professional practice. (Banks, 2009, p. 2)
 Code of Professional Conduct of Teachers in
Ghana
• GES (2010)