IMPORTANCE OF LAW AND LEGAL

AWARENESS FOR TEACHERS AND

OTHER PROFESSIONALS WORKING IN
THE FIELD OF EDUCATION

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EXECUTIVE SUMMARY

There can be no doubt that the quality of education is a major concern of the government,
society, parents and students. The nature of teaching exposes teachers to civil liabilities. In the
process of teaching educators are required to discipline students if they portray unacceptable
behavior in classroom or in the school. In the process of disciplining student’s teachers without
the knowledge of the legal implications of their actions, are face with liabilities of legal cases.
This essay focusses on the importance of knowledge and awareness regarding law. Definition
of law and education law has been discussed and concluded. Also, the right and obligation of
students, teacher and other professional in the field of education are highlighted to raise
awareness for the readers. Moreover, important Maldivian laws are identified so that relevance
and authenticity are linked and maintained. Finally, a simple survey that was carried out to
identify level of awareness and knowledge has been carried out and discuses in conclusion of
this essay.

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CONTENTS

EXECUTIVE SUMMARY ....................................................................................................... 1

INTRODUCTION ..................................................................................................................... 3

BODY ........................................................................................................................................ 3

CONCLUSION .......................................................................................................................... 7

REFERENCES .......................................................................................................................... 9

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INTRODUCTION

Today in the 21st century we are living in an age where society are more eager to take
legal action to settle disputes. The Society is so keen on their individual rights and very
prepared to advocate for those rights. The knowledge of law in an educational setting provides
new and experienced educators with the crucial knowledge on how to deal with day to day
challenges that occur regularly in an educational system. In order to provide quality standards
in education a raise in accountability for the field of education system leading to liabilities and
legal disputes. Many teachers and educators lack the basic awareness and understanding of the
Maldives Constitution and other substantive laws which affects them to perform their duty
more effectively in government and private sectors. Understanding these laws will also help
them avoid legal cases.

BODY

The word Law is a set of rules stipulated by the governing body that plays an important
part in the creation and maintenance of social order. Law is defined as a command that is issued
from a Sovereign power to an inferior and enforced by coercion. Another definition of Law is
the body of principles or rules recognized and applied by the government in the administration
of justice. Law affects every aspect of our lives; as mentioned earlier it is the governing body
that brings order to our conduct and influences continuously from birth till death. The definition
of Education law is the legal discipline that covers all aspects of disputes to schools, from
kindergarten through higher education. In an era of equal educational opportunities and key
legislations, such as the Elementary and Secondary Education Act of 1965, now the No Child
Left Behind Act (2002) parents and their children are more prone to file claims against
educational systems and educators, it is crucial that teachers and educators have at least the
basic, minimum and up to date understanding of education law.

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 It is imperative that students’ teachers and other professionals knows their respective
rights and obligations. The students, are the future of the nation and are potential front row of
leaders to lead a nation in prosperity. Every nation spends huge number of funds for the future
leaders, education and development. The future of depends on the hands of students. The
primary obligation of students is to learn and enhance their knowledge. They are to improve
decision making, social development, developing intellect and expanding their mental
capabilities. Unfortunately, many of the students tend to forget what their obligation are instead
they spend their time in enjoying and wasting their time. Only later in life they come to realize
the result of their poor decisions. School is the biggest platform where students have the most
exposure to learn about good traits of life such as, discipline, obedience, dutifulness, diligence,
respect to elders, honesty, patriotism, etc. School facilitate multiple opportunities for the
development of these skills and quality traits. It is the obligation of every student to acquire
these fine qualities of life which will enable him/ her to excel in their future endeavors.

With certain obligations of a students it is necessary that the student understand their rights in
an educational setting Some of the rights of a student in schools are 1- The right of speech,
students cannot be punished or detained for free speech even though it may not be acceptable
for a student’s ethics. 2- Ethnicity or immigrant right, school and teachers does not have the
right to discriminate the students of his or her origin, nationality or race (Sharon, 2008). 3-
Special needs and disability right, Schools and educators absolutely cannot discriminate normal
students and special needs students. They cannot deny them education due to the fact of equal
rights of academics for all students (Sharon, 2008). Students are the future of any nation, and
it is important that the students participate in cultural and social aspects of day to day life to
bring the change they wish to see around themselves.

As of student’s obligations and rights teachers play vital roles in the lives of the students
in their classrooms. Hence a teacher’s obligation and right are to be explored to get better
understanding. Teachers have the best role in educating children that are assigned to them.
Teachers set the theme of the classroom by being a warm, nurturing, listening to questions and
educative environment. Some of the obligation of the teachers in an education setting include
the following, the first obligation of a teachers is to impart wisdom and knowledge. Teachers
are given a specific curriculum and strictly mandated guidelines. The said curriculum is
conducted in the classroom over a period of the academic year. The teachers use different
methods such as lessons activities, group activities and hands-on learning activities. Moreover,
creating a warm classroom environment. Students are highly prone to observe and replicate

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behaviors and speech of adults and more so their teachers, so teachers need to maintain and
create a warm and inviting environment where students are more likely to be happy. An
environment created by the teacher can be either positive or negative effects on students If
students sense the teacher is stressed or angry, they may react differently and therefore learning
can be interrupted (Fairweather , 1996).

Teachers have right like any students in an education setting they are to expect standards of
their student’s behavior for creating a learning environment and even propose and maintain the
standards to create an ideal learning environment. Also, teachers have the right to free speech
in all decisions of their employed institution of a professionalism nature which are directly
linked to the day to day responsibilities that falls to them. Even they have the right to criticize
professional collaborative works and educational standard, curriculum in a professional manner
(Fairweather , 1996). Furthermore, for each end of the year a reasonable fair evaluation of their
performance needs to be given by leaders of the school with sincerity and even
recommendation for improvement. As students have the right for an all-inclusive study model
teacher are to be protected by the institution of any discrimination or violence of any form
based on their origin, color, sex, religion and ethnicity.

In support of the school’s academic curriculum and standard of teaching and learning, a major
role is played by other professionals in a school environment. They create and facilitates an
ideal learning and teaching environment for teachers and students. The roles and responsibility
of other professions in an institute is to protect and encourage teaching, learning, research, and
activities. Furthermore, they have the responsibility of developing and review of academic
ethics, review and creation of existing or missing policies and procedures (Floyed, 1984). Some
of the rights of other professionals in an educational institute are; 1. the right of free inquiry,
and collaborative works within faculty 2- regulation of student’s behavior and activities. 3- The
right to conduct academic research or creative work, no matter how controversial. 4- The right
of freedom of expression and speech.

What are the laws that protect the rights of students and teachers? There are few act’s stipulated
in the constitution of Maldives. The first one of importance is the employment act 2008, which
is important for the teachers working in private sector. This Act determines the fundamental
principles relating to employment in the Maldives, the rights and obligations of employers and
employees, establishes a Labour Relations Authority and an Employment Tribunal to protect
such rights, and makes provision for all other matters related to employment (Constitution of

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the Republic of Maldives, 2008). Fundaments of this Act include; Prohibition of forced
employment, no person shall be compelled or forced into employment. Nondiscrimination - It
is prohibited to discriminate amongst persons carrying out equal work either in the granting of
employment, determination of remuneration, increase in remuneration, provision of training,
termination and release from employment or resolution of other matters related to employment,
with regards to ethnicity, religion, sex, color, social status, political beliefs, marital status,
family obligations, and in so far as it does not coincide, the maximum age limit of employment
(Constitution of the Republic of Maldives, 2008). Moreover, teachers employed under
government school falls under Maldives civil service regulation 2014. This Regulation was
established by the Maldives Civil Service Commission from the powers derived from Article
18 (f) of the Act No. 5/2007 (Maldives Civil Service Act) they carry out the responsibilities
stipulated in the Constitution of the Republic of Maldives and to carry out and maintain the
Act; to elaborate the details of the general clauses of the Act, and to develop and enforce
necessary principles, standards and guidelines for the functioning of the Maldives Civil Service
Commission in accordance to the realization of the objectives of the Act.

The constitution stipulates in its second chapter about the fundamental rights and freedom, This
Constitution guarantees to all persons, in a manner that is not contrary to any tenet of Islam,
the rights and freedoms contained within this Chapter, subject only to such reasonable limits
prescribed by a law enacted by the People’s Majlis in a manner that is not contrary to this
Constitution (Constitution of the Republic of Maldives, 2008). Any such law enacted by the
People’s Majlis can limit the rights and freedoms to any extent only if demonstrably justified
in a free and democratic society. Chapter 2 No. 17 - Everyone is entitled to the rights and
freedoms included in this Chapter without discrimination. Chapter 2 No. 20 - Every citizen is
equal by the and under the law, and will always have the right to equal protection and equal
benefit from the law as stipulated in the constitution. Chapter 2 No. 27 - Everyone has the right
to freedom of thought and the expression to communicate opinions and expression in a manner
that is not contrary to any tenet of Islam. Chapter 2 No. 36 - Everyone has the right to education
without discrimination of any kind. Students can protect their right and obligation in light of
these said amendments of the constitution of republic of Maldives.

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CONCLUSION

The challenge for educational institutes, teachers and leaders in educational setting
needs to harness their knowledge of educational law to guide them in making schools a better
place for children to learn. A simple survey using google forms were carried due to the fact
that it was school holidays and that most of the participants were out of island or country. The
survey was used to identify awareness and knowledge of law and education law among
educational professions. This survey consisted of 12 question with multiple choice answers so
that respondents doesn’t hesitate to answer the question that they may feel is difficult or unsure.
A total of 10 respondents participated in the survey. Further details of the results are as below;

First question – Law is, to this statement 80% of the participants responded as “A system of
rules that a society develops in order to deal with crime, business agreement and social
relationship” reaming 20 % agreed the first statement and the next statement as “Solving a
problem in the society”. Second question – In Law, the term “Plaintiff” means? 70% of the
respondents gave the correct that it is the person who brings a case against another in a court
of law. For the third question the participants were asked that if an educational law was
available in Maldives? This question had varying answers 50% agreed by saying yes and 30%
concluded as No, the balance was unsure if an educational law was available in Maldives. 90%
of the responders were very clear about the term constitution (A set of rules that guides a
country or state). The Fifth question had a tie of 50/50 participants were asked about the three
branches of government in the constitution. 50% for “legislative branch, Judicial branch,
Parliament branch” and 50% for “Legislative branch, Executive branch, Judicial branch”.
Respondents were very aware of the definition of penal code. Moreover 90% of the participants
were aware that a civil case should be filed in civil court. Majority of agrees that a lawyer is a
person who practices law but 40% were unsure of the role of a lawyer. The responders had
difficulties in identify that civil service law doesn’t apply to private sectors (30% agreed) rather
than it will be an employment law (70% Agreed) that will be applied to the case. Furthermore
90% of the participants knew the duration of probation (three Months) a teacher could be kept
under. Finally, 60 % agreed that a prosecutor general reviews criminal offence and presents the
criminal case against the offender and that Maldives follow a three-tier court system of lower
court, high court and supreme court (100% agreed). The results concurred that almost 60% of
the participants had basic knowledge of law although more definitive and technical information

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were required, their answers could have been guesses further survey can be taken as to answer
rather than multiple choice.

It is advisable that teachers and educators needs to be trained to understand further the different
types of laws and liabilities of once actions. Such awareness programs can be carried out as
information session. Working session, group presentations and even as a form of examination.
This will certainly raise the standard of education and education facilities to operate in a
smoother and friendlier environment.

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REFERENCES

Constitution of the Republic of Maldives. (2008). Maldives: National Legislative Bodies /

National Authorities.

Fairweather , J. S. (1996). Faculty Work and Public Trust:. Restoring the Value of Teaching
and Public Service in American Academic Life.

Floyed, C. (1984). Faculty Participation in Decision Making (ASHE–ERIC Higher Education

Report No. 8). Washington: DC: Association for the Study of Higher Education.

Sharon, W. (2008). Education: No Child Left Behind Act. Topeka, Kan.: Kansas Legislative
Research Department.

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