TEP Workshop School Law and Ethics

Topics 1.Liability for student injury 2.Student freedom of expression 3.Special Education 4.Student Due Process: Search and Seizure 5.Student Harassment and Bullying 6.Teacher freedom of expression 7.Teacher lifestyle choices and out-of-school conduct 8.Religion 9.Student records: FERPA 10.Abuse and neglect

Do Now Write on an index card: What questions or concerns do you have about your role as an Apprentice Teacher regarding law and ethics?

Big Picture The purpose of this workshop Which laws apply to you? US Constitution Federal Law State Law District Policies

Student Rights: Abuse and Neglect Mandatory Reporting – Are you a mandatory reporter? – What is the protocol in your school? Err on the side of caution – You are not an investigator – Child protective services makes the determination

Student Rights: Abuse and Neglect Scenario: One day, you accidentally brush against 14 year old Shelly, as you walk by her, and she jumps. You reach out to steady her by taking hold of her arm, and she flinches and looks nervous. After class, when the students are leaving, you casually apologize to Shelly for startling her. She waits until the classroom clears and then blurts out that she knows a girl that gets hit by her dad and that her friend’s situation is making her jumpy. Do you report this as possible abuse or neglect?

Student Rights: Abuse and Neglect Scenario: Larry is a first grader in your class. This winter there have been many days when it was below freezing, but he came to school without a coat. Today, it was 10 degrees and he came to school without socks, short sleeves, and wet hair. You know his family is facing hard times ever since his dad was laid off. At the same time, you’re worried that he is not being cared for properly. He mentioned that because he shares a single bed with his two brothers, he usually ends up sleeping in the bathtub. Do you report this as possible abuse or neglect?

Student Rights: Privacy Family Educational Rights and Privacy Act (FERPA) – Educational records are confidential – Who has a legitimate educational interest? Release of information – Pictures, videos on social media? – Why would a family choose not to release a picture of their child?

Student Rights: Privacy Scenario: A student teacher posts pictures of herself with her students on her Face Book page. Is there is a legal or ethical consideration?

Student Rights: Harassment and Bullying What constitutes bullying? What is your responsibility if you see or have knowledge of bullying or harassment?

Student Rights: Harassment and Bullying Scenario: A popular group of junior high girls began communication via with a boy with special needs who attended their school. Within these communications, they suggested they had a crush on the boy, when in reality they did not. When the boy finally got up the courage to ask one of them to the homecoming dance, she responded by saying: “No, I would not go to homecoming with you. You are such a retard. My God.” Shortly after receiving this message, the boy committed suicide. Who is liable?

Student Rights: Other Students have constitutional rights, within limits – Dress – Speech – Search and Seizure – Religion

Student Rights: Other Is this legally protected speech?

Teacher Rights and Liability Teachers have constitutional rights, within limits – Dress – Speech – Religion – Lifestyle Choices Liability for student injuries – Educators must use reasonable care and protect students from foreseeable dangers

Teacher Rights and Liability Scenario: As a result of Mr. Big’s using reasonable force to break up a fight in the hallway, one of the students hits his head on the floor and has a serious concussion. Is Mr. Big liable?

Teacher Rights and Liability Tort (civil) law imposes a duty of care on educators. Teachers must use reasonable care and protect students from foreseeable dangers. To determine whether a teacher is negligent, courts ask if the educators acted as a reasonably prudent teacher (RTP) should have acted under the circumstance. If in doubt, consult with experienced teachers and administrators.

More Information A Teacher’s Guide to Education Law by Imber, Michael van Geel, Tyll – Free through Penrose Library website State Abuse and Neglect laws can be found at /state /state District policies and guidelines (check Board of Education website) Mentor Teacher and Principal