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I. Daily Decision-Making

BACK TO SCHOOL STAFF INSERVICE WESTERN PIEDMONT EDUCATION CONSORTIUM AUGUST 2007 M. Jane Turner, Esq. Duff, White & Turner, L.L.C. I. Daily Decision-Making. A. Sources of Authority. Statutes Regulations District policies and procedures School rules and practices.

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I. Daily Decision-Making

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  1. BACK TO SCHOOL STAFF INSERVICEWESTERN PIEDMONT EDUCATION CONSORTIUMAUGUST 2007M. Jane Turner, Esq.Duff, White & Turner, L.L.C.

  2. I. Daily Decision-Making

  3. A. Sources of Authority • Statutes • Regulations • District policies and procedures • School rules and practices

  4. B. Personal Judgment • ask before you act • training • maintaining composure • “fly on the wall” rule

  5. II.   Responsibilities Toward Students

  6. A. Student discipline issues

  7. 1. corporal punishment/use of force • district policy usually requires that an administrator carry out the corporal punishment, with a witness

  8. includes any use of force for disciplinary reasons • improper use of force can result in disciplinary action and criminal charges

  9. 2. intervening in physical altercations • district or school should have policy that applies to all staff

  10. liability issues arise for trying to intervene as often as for failing to intervene • training on appropriate intervention/restraint techniques should be required

  11. 3. student searches • governed by 4th Amendment of U.S. Constitution, Supreme Court case of New Jersey v. TLO, and state law, S.C. Code Ann. § 59-63-1110 etseq.

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

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

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

  15. B. Student supervision issues

  16. 1. classroom/instructional settings • follow school rule or practice • if suspect student conflict, do not leave unsupervised

  17. 2. playgrounds and other non-instructional settings • follow school rule or practice

  18. know general rules for use of equipment • report suspected equipment problems

  19. 3. computer access • duty to prevent students from accessing inappropriate content • use of blocking software may not be sufficient

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

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

  22. 1. abuse and neglect

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

  24. that causes reason to believe a child has been or may be abused or neglected

  25. reports are to be made, or must assure are made, by the teacher who receives the information • criminal violation if fail to report

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

  27. 2. bullying/intimidation/general harassment

  28. state law, S.C. Code Ann. § 59-63-110, etseq., prohibits harassment, intimidation and bullying of public school students

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

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

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

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

  33. 3. sexual harassment • sexual harassment is a form of sex discrimination prohibited under Title IX of the federal Civil Rights Act

  34. covers conduct toward peers, toward subordinates and toward students

  35. one of two types: quid pro quo and hostile environment • district must have a policy to educate students and staff, and effectively address reported acts

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

  37. D. Limitations on instructional/discussion topics

  38. 1. health/sex education

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

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

  41. 2. religion • the bible may be discussed from a literary or historical perspective

  42. comparative religion courses may be taught • avoid discussing personal beliefs with students, and avoid asking students to reveal/discuss personal beliefs

  43. III. Student Rights and Responsibilities

  44. A. Free speech/liberty interest issues

  45. 1. general dress codes • liberty interest • follow district/school policy • must be reasonably related to student health/ welfare

  46. 2. apparel that conveys a message • free speech issue • can prohibit messages promoting disallowed conduct

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

  48. 3. censorship of speeches/ written materials • viewpoint neutrality, consistent with directions • may preview speeches, newspaper articles, etc.

  49. 4. internet activities • control of use of school computer • off school activities may be addressed if threatening or disruptive

  50. B. Free exercise of religion issues

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