BEFORE STARTING CLASS How are you preparing for the H1N1 outbreak this fall? Or Are you preparing? Or What the heck are you talking about?

Any thoughts on Ethics Documents?

Office of the Christian Teacher Topic: The PCW and the Law

Question of the DAY! Question for today: You and another young teacher are the only two people under the age of fifty on your Lutheran School Staff of 25 people. You notice your young friend and colleague is updating their Twitter page with at least 25 Tweets a day. They only occur while they are teaching. Should you say something about it to them? To your principal? TOMORROW: The ELCA Synod has recognized that committed homosexuals may serve in the pastoral ministry. You are on a staff where people question the “gender orientation” of your music person. What is the LCMS position on homosexuals serving in the public ministry?

Article --- Parents Behaving Badly When have you ever seen an adult trust a child over a teacher? What is the goal of a parent teacher conference? How can we start this relationship off on the right foot? How does age change parental behaviors? How can one avoid false charges on sexual impropriety?

Sornson and Whitaker – Building Parent Relationships Positive First Impression Interest in Student-Home Visit – How else? Inviting classroom but how? Seating, Music, Smells, Attitude Share contact Information Personal Invites for Back to School Website--- Grading---Assignments Positive Communication First I’m so sorry that happened!

It helps to be creative

What is your first thought when you consider: Church workers and the law?

FLD A third source counseling agency desires information on a member of your group. Can you give them information? A student wants to tell you something but insists you promise to keep it quiet. What do you do?

Why is the law an issue in PCW’s? Responsible for your action or inaction Safety of children, instruction of children and supervision of children

Confidentiality Legal issues about it: Ethical Issues What is best practice? What are many schools insisting on before you can give testimony in a custody hearing?

Legal History in Schools- Dr. Locke Meyer vs. Nebraska 1923 (Teaching in English) Pierce vs. Society of Sisters 1925 Mandatory Attendance in Public Schools WV Bd. of Education vs. Barnett 1943 (Jehovah Witness and Flag) Brown vs. Board of Education 1954 (Separate but Equal) Tinker vs. Des Moines 1969 (Dress- Freedom of Expression) Goss vs. Lopez 1975 (School Suspensions)

Can a family life director: use drug sniffing dogs at a youth activity? search a student’s school locker against their will? make mandatory drug test for congregation sports teams? take Billy’s cell phone if it rings during bible class? Should a teacher consider: Adan is hurt in a football game while tackling Jeremy? Who does first aid? What role camera phones have in a gym locker room? What do you do with excessive absences in a particular family? (Student) A grandpa has a heart attack at a game? Who should use the AED? Using the school cameras to solve a student incident?

What should a teacher do: One of your parents who recently divorced reminds you that Wednesday is the only day the father can pick up from school. Your first graders birthday is on Tuesday and she says her dad is coming to pick her up. You have received no note!

What should a teacher do: A mom is upset because her divorced husband is coming to take the kids on vacation. She says he can pick up the children at 3:00 p.m. about ten minutes before dismissal. Dad shows up at 1:45 because of the icy roads. What do you do?

Emergency Plans for teachers: Can you duplicate a book you need if you can not find it for class? Can you show a Disney Video legally in class?

What About freedom of expression in Lutheran Schools? Contractual relationship between school & parents (Clothing, language, print) Handbook and printed policy prevents problems Is attendance at a Lutheran school mandatory? Expulsion-suspension: Due Process,Bd of Ed expels, follow procedures

Legal terminology Misfeasance=doing of lawful act in unlawful way so others rights are infringed on Nonfeasance= not doing what you should have Malfeasance=wrongdoing from an evil intent

In locos Parentis –Acting temporarily with parental authority “College or university” –Corporal Punishment was largest use of this –What does this mean for FLD?

Corporal Punishment Is it legal? What do Lutheran Schools do? Guidelines if you do: –Parental Waiver –Not in Anger(Wait) –Adult Witness –Home Notice –Intent to correct behavior (love) P<D

Liability Mental Distress Allowing Ridicule Demeaning language (Homosexual student) Negligence

4 Links to Negligence— DUTY 5 fundamental legal duties –Utilize competent and proficient personnel –Supervise adequately –Instruct adequately –Furnish & maintain safe premise –Make and enforce adequate rules Legal duties also include –Policies assume activities are conducted in an acceptable manner

Second Link ---Breach Teachers failure to carry out duty –Risk of harm was foreseen by person in like or similar circumstances –Law does not hold educators to be insurers of health, safety, well-being –Direct supervision of every child is impossible

Third link-causation Close connection between conduct and injury

Fourth Link-Injury Actual loss or damage resulting to the interest of another Case law points to physical injury Could include emotional injury Duke Parents on 60 Minutes

All four links need to be present for negligence! Wrong doesn’t equal criminal

What does State Mandate for schools? (MI.) Hours Criminal Background Checks Fire Drills (Tornado Drills) Pesticide & Chemical Info Asbestos Medication Disbursement Discrimination Awareness Bodily Fluids—First Aid Hiring and Compensation Package (20 & 30 Hours)

How can a teacher protect themselves from litigation? Pray, Check State Law, Insurance Careful Planning –Seat Belts, Air Bags,License, Insurance, Permission Slips Do what you are supposed to do-How you are supposed to do it! Train assistants well! Know First Aid (CPR) Lawyers talk to lawyers—Get legal advice Divorce-Custody Case Questions on Law

Avoid Ducks—Fellow Staff, Parents or Faculty Dependant Upon Criticizing & Killing Success Pray by name for the DUCKS in your life!

You should seem S.A.N.E. (How Team Ministers Treat Each Other) Self Disciplined And Nurturing Enthusiasts Never say anything to treat a person in a harmful or hurtful manner. Never put down or humiliate a colleague, student or parent. Never forget why you are in the ministry of Christian Education! Never forget what it’s like to be a student. Never stop learning and improving. Never underestimate the power of forgiveness! Never share confidential information gained from your role as a PCW.

Talk to someone else! What you see first may not always be true!

Isn’t it amazing God uses flawed creatures to share His story of love?

What is the advantage of Roster status? 1. Eligible to be Called 2. Eligible for tax benefits as self- employed 3. Eligible for synodical placement 4. Eligible for synodical relocation assistance 5. Eligible for ecclesiastical defense

Advantages continued 6. Eligible for appeal rights for Minister of Religion 7. Eligible to attend and serve at district conventions 8. Eligible to attend and serve at national convention 9. Eligible to serve on synodical boards 10. Eligible to enjoy Health Plan, Retirement, Disability 11. Eligible to be honored in church as ambassador for Christ

Professional in Lutheran Ministry Ministry is equated with________ Called to ministry of congregation not ______ You are Called to serve _______ your classroom walls. C vs. c Where does volunteer fit in?

What about time-management for a first-year worker? Coaching Directing Congregation Service “Should a teacher volunteer in the congregation?” Bus Driving Planning Volunteering- “Should a DCE volunteer in the school?”

What differences exist between secondary and elementary Lutheran teachers and Family Life Directors? Called to congregation, free to choose Students vs. subjects Don’t teach religion as subject (in most cases) Congregational Involvement School expectations

What is the worker’s role in evangelism? Is there a difference between teaching in a Lutheran School and being a Lutheran teacher? What is a great danger to PCW? (Reporter- Pressure Point (Last Two)

Should a PCW tithe if their wages are already low?

Question of day for Tuesday A soon to be first year teacher has a nose ring that has become very symbolic of positive changes in her life. It is discreet yet noticeable. Her principal wants her to remove it but she thinks it will help her identify with young parents. What should she do? Or The senior family life students from CUAA spent their last spring break together in Mexico. As part of the break each got a Cardinal tattoo on their bicep. Should the Pastor at your congregation know about this prior to your being hired? Should you wear clothing that visibly displays this reminder of your time at CUAA? Read Power Play Article for Tuesday