BACK TO SCHOOL BACK TO SCHOOL STAFF INSERVICESTAFF INSERVICE

WESTERN PIEDMONT WESTERN PIEDMONT EDUCATION EDUCATION

CONSORTIUMCONSORTIUMAUGUST 2007AUGUST 2007

  

M. Jane Turner, Esq.M. Jane Turner, Esq.Duff, White & Turner, L.L.C.Duff, White & Turner, L.L.C.

I. Daily Decision-I. Daily Decision-MakingMaking

A. Sources of Authority

1. Statutes

2. Regulations

3. District policies and procedures

4. School rules and practices

B. Personal JudgmentB. Personal Judgment

1.1.ask before you actask before you act

2.2.trainingtraining

3.3.maintaining composuremaintaining composure

4.4.““fly on the wall” rule fly on the wall” rule

II.   Responsibilities II.   Responsibilities Toward StudentsToward Students

A. Student A. Student discipline issuesdiscipline issues

1.1. corporal corporal punishment/use of forcepunishment/use of force

a.a.district policy usually requires district policy usually requires that an administrator carry out that an administrator carry out the corporal punishment, with a the corporal punishment, with a witnesswitness

b.b.includes any use of force includes any use of force for disciplinary reasonsfor disciplinary reasons

c.c. improper use of force improper use of force can result in disciplinary can result in disciplinary action and criminal action and criminal chargescharges

2.2. intervening in intervening in physical altercationsphysical altercations

a.a.district or school should district or school should have policy that applies have policy that applies to all staffto all staff

b.b.liability issues arise for liability issues arise for tryingtrying to intervene as to intervene as often as for often as for failingfailing to to interveneintervene

c.c.training on appropriate training on appropriate intervention/restraint intervention/restraint techniques should be techniques should be requiredrequired

3.3. student searchesstudent searches

a.a.governed by 4governed by 4thth Amendment Amendment of U.S. Constitution, of U.S. Constitution, Supreme Court case of Supreme Court case of New New Jersey v. TLOJersey v. TLO, and state law, , and state law, S.C. Code Ann. § 59-63-1110 S.C. Code Ann. § 59-63-1110 etet seq.seq.

b.b. all searches to be all searches to be conducted by an conducted by an administrator who administrator who has had traininghas had training

c.c.person or possession person or possession searches must be based on searches must be based on individualized suspicion and individualized suspicion and must be “justified at the must be “justified at the inception,” as well as inception,” as well as “reasonably related in “reasonably related in scope”scope”

d.d.random searches may random searches may be conducted of school-be conducted of school-issued property, such as issued property, such as lockers and deskslockers and desks

B.B.Student Student supervision issuessupervision issues

1. classroom/instructional 1. classroom/instructional settingssettings

a.a. follow school rule or follow school rule or practicepractice

b.b. if suspect student if suspect student conflict, do not leave conflict, do not leave unsupervisedunsupervised

2. playgrounds and other non-instructional

settings

a. follow school rule or practice

b.b.know general rules for know general rules for use of equipmentuse of equipment

c.c.report suspected report suspected equipment problemsequipment problems

3. computer access3. computer access

a.a.duty to prevent students duty to prevent students from accessing from accessing inappropriate contentinappropriate content

b.b.use of blocking software use of blocking software may not be sufficientmay not be sufficient

c.c.duty includes authorized duty includes authorized use of computers by use of computers by students as well as students as well as unauthorized access, unauthorized access, such as to a teacher’s such as to a teacher’s computercomputer

C. Matters required C. Matters required to be reported and/or to be reported and/or

addressedaddressed

1.1. abuse and neglectabuse and neglect

a.a.state law, S.C. Code Ann. § state law, S.C. Code Ann. § 20-7-510, requires teachers 20-7-510, requires teachers to report when receive to report when receive information in professional information in professional capacitycapacity

that causes reason to that causes reason to believe a child has been believe a child has been or may be abused or or may be abused or neglectedneglected

b.b.reports are to be made, or reports are to be made, or must assure are made, by must assure are made, by the teacher who receives the teacher who receives the information the information

c.c.criminal violation if fail to criminal violation if fail to reportreport

d.d.reports to be made to reports to be made to Social Services if Social Services if suspected perpetrator is suspected perpetrator is a family member or a family member or caretaker, otherwise to caretaker, otherwise to law enforcementlaw enforcement

2.2. bullying/intimidation/bullying/intimidation/general harassmentgeneral harassment

a.a.state law, S.C. Code Ann. state law, S.C. Code Ann. § 59-63-110, § 59-63-110, etet seq.seq., , prohibits harassment, prohibits harassment, intimidation and bullying intimidation and bullying of public school studentsof public school students

b.b.includes gestures, includes gestures, communications or acts, communications or acts, reasonable perceived to reasonable perceived to have the effect of have the effect of harming a student, harming a student, damaging property,damaging property,

or placing a student in or placing a student in fear of the harm or the fear of the harm or the damage, or causing damage, or causing substantial interference substantial interference or disruptionor disruption

c.c.any student, employee or any student, employee or volunteer who witnesses volunteer who witnesses or has reliable information or has reliable information about an act “shall” report about an act “shall” report to an appropriate school to an appropriate school officialofficial

d.d.district is required to have district is required to have a policy and educate a policy and educate students and staff, as well students and staff, as well as effectively address as effectively address reported actsreported acts

3.3. sexual harassmentsexual harassment

a.a.sexual harassment is a sexual harassment is a form of sex discrimination form of sex discrimination prohibited under Title IX prohibited under Title IX of the federal Civil Rights of the federal Civil Rights ActAct

b.b.covers conduct toward covers conduct toward peers, toward subordinates peers, toward subordinates and toward studentsand toward students

c.c.one of two types: quid pro one of two types: quid pro quo and hostile environment quo and hostile environment

d.d.district must have a policy district must have a policy to educate students and to educate students and staff, and effectively staff, and effectively address reported actsaddress reported acts

e.e.employees who observe employees who observe or learn about sexual or learn about sexual harassment of a student harassment of a student are expected to alert an are expected to alert an administrator, even if the administrator, even if the victim does not complainvictim does not complain

D.D.Limitations on Limitations on instructional/instructional/

discussion topicsdiscussion topics

1.1. health/sex health/sex educationeducation

a.a.State law, S.C. Code Ann. § State law, S.C. Code Ann. § 59-32-10 59-32-10 etet seq.seq., specifies , specifies certain topics that may not certain topics that may not be discussed, as well as be discussed, as well as the manner in which other the manner in which other topics may be discussedtopics may be discussed

b.b.Only teachers assigned to Only teachers assigned to teach health education teach health education should discuss sex should discuss sex education topics with education topics with students, and only to the students, and only to the extent within the district’s extent within the district’s approved curriculumapproved curriculum

2.2. religionreligion

a.a.the bible may be the bible may be discussed from a discussed from a literary or historical literary or historical perspectiveperspective

b.b.comparative religion comparative religion courses may be taughtcourses may be taught

c.c.avoid discussing personal avoid discussing personal beliefs with students, and beliefs with students, and avoid asking students to avoid asking students to reveal/discuss personal reveal/discuss personal beliefsbeliefs

III. Student Rights III. Student Rights and and

ResponsibilitiesResponsibilities

A.A.Free Free speech/liberty speech/liberty interest issuesinterest issues

1.1. general dress codesgeneral dress codes

a.a. liberty interestliberty interest

b.b.follow district/school policyfollow district/school policy

c.c.must be reasonably related must be reasonably related to student health/ welfareto student health/ welfare

2.2. apparel that apparel that conveys a messageconveys a message

a.a.free speech issuefree speech issue

b.b.can prohibit messages can prohibit messages promoting disallowed promoting disallowed conductconduct

c.c.can prohibit if substantial can prohibit if substantial disruption results or is disruption results or is likely to resultlikely to result

3.3. censorship of speeches/ censorship of speeches/ written materialswritten materials

a.a.viewpoint neutrality, viewpoint neutrality, consistent with directionsconsistent with directions

b.b.may preview speeches, may preview speeches, newspaper articles, etc.newspaper articles, etc.

4.4. internet activitiesinternet activities

a.a.control of use of school control of use of school computercomputer

b.b.off school activities may off school activities may be addressed if be addressed if threatening or disruptivethreatening or disruptive

B.B.Free exercise of Free exercise of religion issuesreligion issues

1.1. own-time activitiesown-time activities

a.a.prayerprayer

b.b.bible readingbible reading

c.c.religious apparelreligious apparel

d.d.written assignments/art written assignments/art workwork

2.2. group activitiesgroup activities

a.a.bible study/prayer bible study/prayer clubsclubs

b.b.musical performancesmusical performances

IV. Teacher/Staff IV. Teacher/Staff ResponsibilitiesResponsibilities

A.A.Towards studentsTowards students

1.1. relationships with relationships with studentsstudents

a.a.notes/messages/calls/giftsnotes/messages/calls/gifts

b.b.after hours activitiesafter hours activities

c.c.transporting studentstransporting students

d.d.involvement with involvement with personal/family issuespersonal/family issues

2.2. confidentiality of confidentiality of student informationstudent information

a.a. ‘‘need to know’ issues need to know’ issues

b.b. non-custodial parent non-custodial parent issuesissues

c.c.release of recordsrelease of records

B.B. Personal Personal conductconduct

1.1. standards of standards of professional conductprofessional conduct

a.a.criminal conductcriminal conduct

b.b.misuse of drugs/alcoholmisuse of drugs/alcohol

c.c.dishonestydishonesty

d.d.conduct in personal lifeconduct in personal life

2.2. use of district use of district equipment/materials/timeequipment/materials/time

a.a.acceptable use policiesacceptable use policies

b.b.Ethics Act requirementsEthics Act requirements

3.3. test securitytest security

a.a.training/policy training/policy requirementsrequirements

b.b.penaltiespenalties

4.4. contractual contractual obligationsobligations

a.a.maintaining certificationmaintaining certification

b.b.contract levels/ADEPT contract levels/ADEPT requirementsrequirements

c.c.resignationsresignations