It’s very difficult for us to provide specific guidance without more information about the nature of the situation you are facing. What’s more, we understand your reluctance to speak out as a new member of the group you are working with. But even with so few facts we do have some advice about how the Code can help you consider what you should do.

Consider these items in the Code in light of your particular circumstances. Remember that Principles in the Code are codes of conduct, they describe actions we MUST take.

Is something happening that is harmful for children? In that case you have a responsibility to protect them from danger. Refer to these three principles to help you decide what to do.

Section I: Ethical Responsibilities to Children
P-1.1—Above all, we shall not harm children. We shall not participate in practices that are emotionally damaging, physically harmful, disrespectful, degrading, dangerous, exploitative, or intimidating to children. This principle has precedence over all others in this Code.

P-1.11—When we become aware of a practice or situation that endangers the health, safety, or well-being of children, we have an ethical responsibility to protect children or inform parents and/or others who can.

Section III: Ethical Responsibilities to Colleagues
P-3B.4—If we have concerns about a colleague’s behavior, and children’s well-being is not at risk, we may address the concern with that individual. If children are at risk or the situation does not improve after it has been brought to the colleague’s attention, we shall report the colleague’s unethical or incompetent behavior to an appropriate authority.

P-3B.5—When we have a concern about circumstances or conditions that impact the quality of care and education within the program, we shall inform the program’s administration or, appropriate authorities.

Section IV: Ethical Responsibilities to Community and Society
P-4.7 —When we become aware of a practice or situation that endangers the health, safety, or well-being of children, we have an ethical responsibility to protect children or inform parents and/or others who can.

If your concern is about a colleague’s professionalism and behavior that does not put children in immediate danger item P-3B.4 above provides guidance as does the item below.

P-3B.5—When we have a concern about circumstances or conditions that impact the quality of care and education within the program, we shall inform the program’s administration or, appropriate authorities.

We hope you will consider carefully the possible consequences of the situation you are facing and will find useful guidance in these passages of the Code.

Best of luck –
Nancy and Stephanie

For me this is a no brainer. Ethics first. If a child has a real need for early intervention then our job is to see to it that it happens. I'm not interested in the politics of money. That job belongs to someone else. I was hired to teach and to support families when needed. The accountant and administrators can worry about the money. That is their job, that's what they were hired for. As a parent of a child with special needs I was told by my district that some people get all the help and others don't. My response was, and still is, "That is not my problem, my problem is making sure my sons needs are met." It is the job of the parents and the teachers to come together and help the child. And, they must be ready to stand up to the nay sayers and bullying tactics districts employ. I will never back down for a child that has a problem. If you feel your job will be threatened because you do the right thing , keep a running log and document what you are being told by your superiors. If it is harmful to the child, and the child does not get services because you did not help, then who is responsible? You will have documentation that will support you.

Hi Morgan,
Your question does not involve an ethical dilemma but it does raise important questions about desirable qualifications for doing a job that involves supporting children’s development and running a small business.

If you are going to be the sole owner of a child care program you will need to have a solid background in ECE and knowledge of small business administration. Many Associate degree programs do a fine job of preparing people in the basics of child development and early education.

After the Associate degree you will want to explore the options available in your community. If the two year college is strong in ECE offerings you might take additional courses in child care administration. Or you could enroll in a bachelors program in education or in business.

Bachelor’s programs in ECE vary greatly between institutions. Some are add-ons to elementary education teacher preparation programs and may have less depth in ECE than you already received in the two-year program. There are also some colleges like Bank Street, Wheelock and Pacific Oaks that focus on human development and have a number of specialized programs in ECE including excellent masters degree programs.

There are many ways that you could combine different kinds of educational experiences that would contribute to developing competence in running a program for young children. We need well-educated and motivated people to run high quality programs for young children. Although your question is not an ethical dilemma, it does have a moral dimension. It is right to try to find a path the will best serve you in serving children.

Thanks for asking and good luck in your future endeavors.

Stephanie and Nancy

Hi Sanders,

Soon we will be publishing more online content for families so please check back. In the meantime you might find the information in this article useful. It describes a situation where a teacher uses humor with one preschooler when he says "no."
www.naeyc.org/files/yc/file/200607/Guidance709BTJ.pdf

The Guidance Matters columns might contain other info you find useful.
www.naeyc.org/yc/columns/guidance

Susan

For developmentally appropriate information take a look at Young Children's Guidance Matters column, a regular feature by Dan Gartrell. “Dr. Dan” shares and comments on early childhood educators’ use of guidance to foster young children’s development and learning.
www.naeyc.org/yc/columns/guidance

Susan Friedman, NAEYC

Unfortunately not every teacher is aware of developmentally appropriate curriculum and guidance practices or employs best practices in their work with young children. Sadly, many teachers think that “it is effective” justifies almost any classroom practice without regard to the impact that it has on children’s learning, attitudes toward school or self concept. The practice you describe is particularly worrisome because it indicates that writing is being used as a form of punishment. We agree that this teacher’s actions raise concerns, but questions about a colleague’s professional practice are not necessarily ethical in nature.

However, since you work with this teacher, this is an ethical dilemma for you because you have responsibilities to children’s well-being and to maintaining a collegial relationship with your colleague. Item P-3A.2 in the Code reminds us that the first step is to address our concern directly with our co-worker:

P-3A.2—When we have concerns about the professional behavior of a co-worker, we shall first let that person know of our concern in a way that shows respect for personal dignity and for the diversity to be found among staff members, and then attempt to resolve the matter collegially and in a confidential manner.

Item P-3B.4 advises us on the next step, which in your case may mean that you need to share your concern with your program director:

P-3B.4 – If we have concerns about a colleague’s behavior, and children’s well-being is not at risk, we may address the concern with that individual. If children are at risk or the situation does not improve after it has been brought to the colleague’s attention, we shall report the colleague’s unethical or incompetent behavior to an appropriate authority.

It is not easy to confront colleagues with concerns about their teaching. But sometimes it is necessary to do so because of our commitment to children. It sounds like you did try to express you concern to the teacher and learned she is quite satisfied with this practice. Are there other things you could do to get her to reconsider its value or to get her some additional training in child guidance?

Best of luck - Stephanie and Nancy

This is an interesting question and raises the ethical dilemma of whether you have a greater obligation to the best interests of children or honoring the needs and wishes of teaching staff. We suggest that you review the Supplement to the Code of Ethics for Early Childhood Program Administrators: http://www.naeyc.org/files/naeyc/file/positions/Supplement%20PS2011.pdf

This supplement was developed by a working group appointed by NAEYC who sought extensive input from administrators of early education programs.

We always recommend that a person addressing an ethical dilemma begin by looking at the Core Values, Ideals and Principles that are applicable to the situation and then think through how they should be prioritized. Several things in the Supplement might be helpful. First note the additional core values:

 Recognize that we have many responsibilities—to children, families, personnel, governing boards, sponsoring agencies, funders, regulatory agencies, the community, and the profession—and that the well-being of the children in our care is our primary responsibility, above our obligations to other constituencies.

This makes it clear that the primary obligation of an administrator of an early childhood program is to the needs of children and their well-being.

Another core value for administrators is to:
 Be committed to the professional development of staff.

The first principle in the Supplement also affirms the administrator’s primary obligation to children.
P-1.1 We shall place the welfare and safety of children above other obligations (for example, to families, program personnel, employing agency, community). This item takes precedence over all others in this Supplement.

The section on Ethical Responsibilities to Personnel includes the following Ideal and Principles which may be relevant to your situation (remember that Ideals are things that we aspire to and Principles are things we must or must not do):

I-3.5 To encourage and support continual development of staff in becoming more skilled and knowledgeable practitioners.

P-3.2 We shall develop and maintain comprehensive written personnel policies that define program standards. These policies shall be given to new staff members and shall be easily accessible and available for review by all staff members.

P-3.3 We shall apply all policies regarding our work with personnel consistently and fairly.

P-3.8 We shall work to ensure that ongoing training is available and accessible, represents current understandings of best practice, and is relevant to staff members’ responsibilities.

P-3.9 We shall inform staff whose performance does not meet program expectations of areas of concern and, when possible, assist in improving their performance.

These Principles stress the importance of clear personnel policies that are applied consistently.

Other Principles suggest that fairness is paramount and a record of accomplishment (this could include professional development) are important considerations in dealing with personnel.

P-3.12 In making personnel evaluations and recommendations, we shall make judgments based on fact and relevant to the interests of children and programs.

P-3.13 We shall make hiring, retention, termination, and promotion decisions based solely on a person’s competence, record of accomplishment, ability to carry out the responsibilities of the position, and professional preparation specific to the developmental levels of children in his/her care.

An Ideal relating to Responsibilities to Community and Society included in both the original Code and the Supplement for Program Administrators that relates to your situation is:

1-4.1 To provide the community with high-quality early care and education programs and services. (I-5.1 in the Administrators’ Supplement)

We think the Supplement provides quite a bit of helpful guidance for your situation. We are generally reluctant to offer direct advice about ethical dilemmas because they vary so much from situation to situation, and because we don’t want to set ourselves up as experts with all the answers. However, there is enough support in the Supplement for us to say with confidence that you would be justified in requiring that members of your staff participate in professional development activities in order to update their skills and remain current in the field. We also think that, based on your commitment to children’s development, you could make on-going professional development a criterion (clearly included in your personnel policies) for promotion and retention in you program.

We would hope that you would make every effort to hear these teachers’ concerns about available professional development and help them find experiences that they would find relevant and helpful for improving their work with children. Communication with staff is important, but your commitment to children must be your first concern.

Stephanie Feeney & Nancy Freeman

We’re glad to know you find Teaching the NAEYC Code of Ethical Conduct is a useful tool as you prepare to lead workshops on the Code. You’re right, we recognize that spanking is often a culturally-influenced practice and is not, by definition, child abuse (although excessively harsh spanking could cross that line into abusive behavior, which is usually defined as having left a mark).

If we were to explore this case in a workshop the first thing we would do is to have the participants think about the kind of information the teacher would need to in order to determine if she were, in fact, facing an ethical dilemma. (We think you will find that it’s presented as a dilemma as Case 1.4 on page 79 in Teaching the Code. Responsibilities are indicated by the R in the lower right corner but, as we discuss below, the Code is most useful in this case as a reminder about the importance of working respectfully with this child’s mother.) For example, they might recommend that the she look for signs of emotional abuse in the child, think about her observations of the mother’s relationship with the child, and discuss child rearing practices with the mother. We would ask participants to think about how they would proceed if, after careful observation and deliberation, the teacher decided that the child had been abused.

We would then ask participants to think about what they would do if the teacher concluded that the mother’s actions did not cross the line into abuse. They could then discuss how the teacher could work with this mother to be certain she knows bedwetting is not unusual in preschoolers and to help her recognize the effect that being awakened in the night could have on the child. You could ask participants to discuss what they could say to the mother, and how they could say it, to help her identify other ways to accomplish the goal of her child being dry all night. We might ask them to think about things they could do to support the mother’s chld rearing goals while also helping her to be more realistic in her expectations of the child. We would have them look at the Code, especially the revised items relating to families in the 2011 update, to help them understand their responsibilities to both the mother and to the child.

The Code can help the workshop participants think about how to respond to this mother. This is important because I suspect that your students would be uneasy knowing that a child in their care was enduring this kind of treatment – especially if they could see evidence that it was effecting the child’s school day.

Begin by having them consider how the Core Values could guide their thinking – we note that each of the Core Values can give you insight into this situation:
 Appreciate childhood as a unique and valuable stage of the human life cycle – children aren’t just like adults.
 Base our work on knowledge of how children develop and learn – you know that it is not that unusual for a preschooler to wet her bed
 Appreciate and support the bond between the child and family – it is not your purpose or your role to come between this mother and her child
 Recognize that children are best understood and supported in the context of family, culture,* community, and society – knowing about this family and the mother’s approach to discipline helps you work with this student
 Respect the dignity, worth, and uniqueness of each individual (child, family member, and colleague) – respect the mother’s approach to discipline even if you don’t agree with it
 Respect diversity in children, families, and colleagues – respect different approaches to discipline
 Recognize children and adults achieve their full potential in the context of relationships that are based on trust and respect – build trust with this mother by being respectful – even when you disagree
Then look for guidance in these Ideals and Principles in Section I: Responsibilities to Children and Section II: Responsibilities to Families.
I-1.4—To appreciate the vulnerability of children and their dependence on adults.

P-1.1—Above all, we shall not harm children. We shall not participate in practices that are emotionally damaging, physically harmful, disrespectful, degrading, dangerous, exploitative, or intimidating to children. This principle has precedence over all others in this Code.

P-1.8—We shall be familiar with the risk factors for and symptoms of child abuse and neglect, including physical, sexual, verbal, and emotional abuse and physical, emotional, educational, and medical neglect. We shall know and follow state laws and community procedures that protect children against abuse and neglect.

I-2.2—To develop relationships of mutual trust and create partnerships with the families we serve.

I-2.4—To listen to families, acknowledge and build upon their strengths and competencies, and learn from families as we support them in their task of nurturing children.

I-2.6—To acknowledge families’ childrearing values and their right to make decisions for their children.

I-2.7—To share information about each child’s education and development with families and to help them understand and appreciate the current knowledge base of the early childhood profession.

P-2.15—We shall be familiar with and appropriately refer families to community resources and professional support services. After a referral has been made, we shall follow up to ensure that services have been appropriately provided.

We hope this helps you think about how you might use this particular case in future workshops on ethics.

Best of luck!
Nancy and Stephanie

The problem you are facing is that teachers in your program are paid on an hourly basis and can’t be compensated for what they choose to do when they are off the clock, even though their efforts are benefiting children. The underlying issue has to do with the status of those who work in early care and education and discrepancies in the public’s perception of the differences between salaried public school teachers and hourly teachers who work with preschoolers, infants, and toddlers. This is not an ethical dilemma but it certainly is a problem relating to professional practice and the status of early childhood educators.

Your situation reflects the public’s lack of understanding of the importance of early childhood and respect for those who work in early care and education, which is a problem the field has faced for many, many years. Efforts such as the Worth Wage Campaign have made progress improving the status and working conditions of the early childhood workforce but progress continues to be slow—especially in this time of economic uncertainty.

The following Ideals from the section of the Code that addresses our ethical responsibilities to Community and Society advise early childhood educators to work collectively to increase societal recognition of the importance of the work they do and to advocate for changes in policies and funding streams that limit teacher’s ability to work effectively.

I-4.6—To promote knowledge and understanding of young children and their needs. To work toward greater societal acknowledgment of children’s rights and greater social acceptance of responsibility for the well-being of all children.

I-4.8—To further the professional development of the field of early childhood care and education and to strengthen its commitment to realizing its core values as reflected in this Code.

Policies change slowly. You will need to be patient and have realistic expectations. You might want to work with professional organizations such as your local NAEYC Affiliate group to advocate for increased funding and ideally professional status for teachers of young children, specifically preschool children not yet in public school.

Early childhood educators tend to feel that our skills and commitment are in the arena of working with children and many of us are reluctant to engage in the political process. Sometimes our commitment to children pushes us to learn some new skills and take some risks on their behalf, and on behalf of teachers who want to do their best. Perhaps the time has come for you and your teachers to commit to this larger purpose while you work within the current constraints of your situation.

As an aside, the fact is that every teacher we know, both those working in public schools where they are salaried, and hourly employees working in childcare, take work home and pick up items they will use in the classroom while shopping and running personal errands. As you note, teaching is a lifestyle choice, not just a job. We understand that you cannot require teachers to complete work-related tasks while they are off the clock, but teachers have choices about how they spend their personal time, and it isn’t practical or realistic to try to control what they do on their own time. Hopefully your teachers can take pride in their commitment to the children and families they serve and commit themselves to working to help others recognize the contribution the early childhood workforce makes to the future.

Thanks for raising these important issues, Nancy and Stephanie

This is an issue that readers in play-based programs have probably faced many times in their careers. It is indeed an issue with ethical dimensions, one that requires programs to balance their responsibilities to children with their responsibilities to their families.

Let’s begin by describing why this is an ethical issue by looking at the definitions of morality and ethics that are included in the Glossary of Terms in the NAEYC Code (For your information we have expanded our discussions of morality and ethics in the forthcoming 2nd Edition of Ethics and the Early Childhood Educator which will be released this spring).

Morality: Peoples’ views of what is good, right, and proper; their beliefs about their obligations; and their ideas about how they should behave.

Ethics: The study of right and wrong, or duty and obligation, that involves critical reflection on morality and the ability to make choices between values and the examination of the moral dimensions of relationships.

This situation involves ethics because parents are questioning if the program is meeting its obligation to prepare their children for kindergarten and are asking for an explanation justifying the curricular choices that it has made and the values that are the basis for its play-based curriculum.

The ethical issue revolves around the fact that the program knows it is right to implement a play-based curriculum but it is also right to respond to these parents’ concerns that their children need the program to have an academic focus if they are going to be prepared to succeed in kindergarten. That means the program is forced to choose between two “rights.”

The next step is to decide if this is an ethical dilemma—a situation that has at least two possible justifiable resolutions (two “rights”). In this case there is a conflict between the needs of the children and those of their parents. This is a very common “complex client” dilemma. It involves conflicting obligations to individuals to whom the early childhood educator has commitments. Dilemmas involving parents are very often “complex client” cases because they require early childhood professionals to balance their responsibilities to children with the needs of their families.
We always recommend that the first step in addressing an ethical dilemma is to identify the applicable Core Values.

These Core Values can help you think through this dilemma:
• Base our work on knowledge of how children develop and learn
• Appreciate and support the bond between the child and family
• Recognize that children are best understood and supported in the context of family, culture, community, and society
• Respect the dignity, worth, and uniqueness of each individual (child, family member, and colleague)
• Respect diversity in children, families, and colleagues
• Recognize that children and adults achieve their full potential in the context of relationships that are based on trust and respect

The next step is to carefully review the Code for guidance. These are two items that emphasize our strong commitment to children:
I-1.2—To base program practices upon current knowledge and research in the field of early childhood education, child development, and related disciplines, as well as on particular knowledge of each child.
P-1.2— We shall care for and educate children in positive emotional and social environments that are cognitively stimulating . . .

There are also a number of items calling on early childhood educators to collaborate closely with children’s families, respecting their needs and wishes. In fact, the importance of close collaboration with families is highlighted in the 2011 affirmation of the Code.

I-2.2—To develop relationships of mutual trust and create partnerships with the families we serve.

I-2.7—To share information about each child’s education and development with families and to help them understand and appreciate the current knowledge base of the early childhood profession.

P-2.6 – As families share information with us about their children and families, we shall ensure that families’ input is an important contribution to the planning and implementation of the program.

P-2.2—We shall inform families of program philosophy, policies, curriculum, assessment system, cultural practices, and personnel qualifications, and explain why we teach as we do . . .

In this situation program administrators and involved teachers are faced with the question, “Is it more important to honor and nurture relationships with families or the needs of the children?” Remember, their goal is to answer the question, “What should the good early childhood educator do?”

As is often the case, program personnel might be able to avoid having to make a hard choice by using ethical finesse to resolve the situation. That means finding a way for the program to meet the needs of both children and families and thereby avoid having to make a difficult decision. In other words arrive at a “win-win” outcome.

The first thing the administrators and the teacher of 4-year-olds should do in this situation is to meet with concerned families. Program personnel need to use this opportunity to listen carefully to the parents’ concerns and to gain insights into their expectations and goals for their children. It’s possible that children are acquiring some of the skills and competencies their parents are hoping to see, but that the children’s accomplishments are not being clearly communicated to their families. Or it may be possible that some of these skills can be appropriately integrated into a play-based setting. It is important that administrators and teachers demonstrate that they are willing to seek an acceptable compromise that they and the children’s families can live with.
Next the teacher might explain to families how play based activities contribute to academic learning. Teachers might continue to provide many hands-on activities for children, but help families understand how they are supporting children’s developing knowledge and skills that provide a foundation for future academic expectations. For example, if parents question the value of the unit blocks that children have available every day, program personnel can describe the mathematical and scientific concepts children build during this play, as well as the ways block play supports language, reasoning, social and emotional development.

It is important that program personnel demonstrate their willingness to compromise without abandoning their commitment to doing what their professional training has taught them is right for children.

This situation reminds us why it is important to establish clear policies so that families know the program’s philosophy right from the start.

We hope this discussion has helped you understand why this “complex client” issue has ethical dimensions, and has demonstrated how the NAEYC Code can help you think through how you might respond to this issue if you should face it at your program. We hope we have also illustrated the fact that many “complex-client” situations can be addressed with ethical finesse if both parties bring a willingness to listen to each other and work together.

Thanks for asking this important question,
Nancy and Stephanie

You definitely have a workplace problem and one that is not uncommon in a field where bare-bones budgets mean many programs’ facilities lack appropriate spaces for adults to work. This situation has ethical dimensions because you are not able to ensure that the content of private conversations can be kept confidential. The NAEYC Code of Ethical Conduct (and the codes of every other profession) consider confidentiality to be a very serious responsibility. You are not dealing with an ethical dilemma, you are facing an ethical responsibility, one addressed several of the Code’s Principles. Remember, ethical principles describe what professionals must and must not do, they are sometimes call “rules of professional conduct” and identify practices that are required and others that are prohibited. Some of the Principles that address confidentiality are:

Responsibility to Children
P-1.4—We shall use two-way communications to involve all those with relevant knowledge (including families and staff) in decisions concerning a child, as appropriate, ensuring confidentiality of sensitive information.

Responsibility to Families
P-2.13—We shall maintain confidentiality and shall respect the family’s right to privacy, refraining from disclosure of confidential information . . .

Responsibility to Personnel in the Supplement for Program Administrators
P-3.15 We shall maintain confidentiality in dealing with issues related to an employee’s job performance and shall respect an employee’s right to privacy regarding personal issues.

The problem is that the nature of your facility makes it difficult for you to honor these responsibilities. The suggestion offered by Mrs. Harris is well taken and might alleviate the problem to some extent. We would also suggest that you share this problem with your board or employer and work collaboratively to find a space where you can conduct private meetings with children’s family members and staff.

Best of luck –
Stephanie and Nancy

I suggest, at that moment whom ever is occupying the area should be asked to leave for just a few moments for just that reason of confidentiality. No one should be allowed to comment on or hear anyone else private discussions. This destroys trust and does not give the parent,child, or staff a sense of security or privacy. In the near future you should try to create a place that all should feel free to share and address their needs.

This scenario, which we hear fairly often, presents one of the most heart-wrenching dilemmas confronted by early childhood educators. It is an ethical dilemma that involves weighing and balancing the needs of an individual child with the needs of the group of children and also the physical and mental health of the adults who work with them.

The kind of program you work in and its policies and legal mandates will have a lot to do with how you approach this situation. Public schools have structures in place to serve children with disabilities. Private schools do not have the same kinds of institutional supports, and policies for supporting inclusion vary greatly from state to state.

Quite a bit of attention was paid to situations like this in the 1997 revision of the NAEYC Code of Ethics. What resulted was a rather unwieldy item that represents an attempt to balance the needs of everyone involved in a classroom in which one child may require more knowledge and skilled intervention than the teachers are able to provide. The following principle relating to Ethical Responsibilities to Children addresses this kind of dilemma.

P-1.7—We shall strive to build individual relationships with each child; make individualized adaptations in teaching strategies, learning environments, and cur- ricula; and consult with the family so that each child benefits from the program. If after such efforts have been exhausted, the current placement does not meet a child’s needs, or the child is seriously jeopardizing the ability of other children to benefit from the program, we shall collaborate with the child’s family and appropriate specialists to determine the additional services needed and/or the placement option(s) most likely to ensure the child’s success.

An item from the Code section on Principles relating to Ethical Responsibilities to Community and Society may also be applicable to your situation.

P-4.2—We shall apply for, accept, and work in positions for which we are personally well-suited and professionally qualified. We shall not offer services that we do not have the competence, qualifications, or resources to provide.

If part of this problem is lack of resources you can choose to advocate within your program or in your community for better services for children with special needs. Sometimes a teacher will go so far as to decide that she cannot in good conscience continue to work in a setting that does not provide the support needed to work effectively with all of the children served. This is difficult decision and is only done when all other attempts to address a situation have failed.

This is a difficult and complex situation and one that has no easy answers. It will involve serious ethical deliberation based on the specifics of your situation. Case 1, The Child with Aggressive Behavior, in our book Ethics and the Early Childhood Educator presents a somewhat similar situation and may be a helpful guide for how you can approach this situation.

We wish you the best of luck in finding a resolution that will work for everyone involved.
Stephanie and Nancy