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LEGAL AND ETHICAL ISSUES: A PUPIL SERVICES PERSPECTIVE

LEGAL AND ETHICAL ISSUES: A PUPIL SERVICES PERSPECTIVE. PART I. Basic Information Concerning Education Law. SOURCES OF LAW. Legislature (General Assembly) Courts Executive Agencies (State Board/PDE) Local School Boards. Why Few Educational Lawsuits Reach the Courts.

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LEGAL AND ETHICAL ISSUES: A PUPIL SERVICES PERSPECTIVE

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  1. LEGAL AND ETHICAL ISSUES: A PUPIL SERVICES PERSPECTIVE

  2. PART I Basic Information Concerning Education Law

  3. SOURCES OF LAW • Legislature (General Assembly) • Courts • Executive Agencies (State Board/PDE) • Local School Boards

  4. Why Few Educational Lawsuits Reach the Courts • Out-of-Court Settlements • Dismissal for lack of grounds • Immunity

  5. IMMUNITY • Political Subdivision Tort Claims Act (POLI) * Educators liable only in instances of gross negligence * Exceptions # Operation of a vehicle # Improperly maintained property or equipment * Awards limited to $500,000

  6. PART II Avoiding Legal Entanglements

  7. Effective Interaction with Parents The following suggestions can improve relationships for… Students Parents Faculty

  8. 7 STEPS FOR INTERACTING WITH PARENTS Best intentions assumed Emphasis on learning Home-school collaboration Examples and evidence Active listening Respect for all Dedication to follow-up

  9. 10 STEPS FOR DEALING WITH HOSTILITY • Act delighted to see the person. • Taping is okay if it works both ways. • If you are nervous request that your supervisor set in. • Know your own program. • Hostility will gain you nothing.

  10. HOSTILITY (Continued) • Think before you speak. • Never question the other person’s sincerity. • Role play potential confrontations. • Never permit vulgarity. • Write down what was said afterwards.

  11. SCOPE OF EMPLOYMENT The job description and program of services officially adopted by the School Board defines the scope of employment. To act outside the scope of employment is to leave oneself open to individual liability as well as the real possibility that the district will not provide legal representation or liability insurance coverage.

  12. CHARGES NEGLIGENCE MALICIOUS INTENT CONSTITUTIONAL VIOLATION

  13. DEFENSES GOOD FAITH ASSUMPTION OF RISK CONTRIBUTORY NEGLIGENCE

  14. MAGISTERIAL DUTIES • Legally Binding • Created by law, regulation or policy • Actionable in court

  15. DISCRETIONARY DUTIES • Ethically binding • Created by best practice or choice • Not actionable in court

  16. ADVICE FOR TESTIFYING • Agree to be a witness of fact not an expert witness. • Don’t give opinions. • Don’t allow yourself to be drawn into the middle of a family dispute. • Don’t carry notes with you. • Pause before answering.

  17. TESTIFYING (Continued) • If you aren’t thrilled about testifying, make them subpoena you. • If you feel a question is inappropriate, ask the judge if you must answer, assuming an attorney has not already objected. • Have the attorney practice with you before the court date.

  18. PART III Testing Your Knowledge of Education Law

  19. Test Item #1 True or false… Parents have a legally established right to visit their child’s classroom. Mayberry v. Independent School District of Tulsa County, OK.

  20. Test Item #2 True or false… School districts are not obligated to protect students portal-to-portal. Cortinez v. South Pasadena Unified School District Francis v. School Board of Palm Beach County

  21. Test Item #3 True or false… When a student is harassed or injured by another student ,while on a school bus, immunity protections apply. Doe v. Marlington Local School District

  22. Test Item #4 True or false… If an aide in a special education class abuses a student and the teacher fails to take action, the teacher is protected from prosecution by immunity laws. Farrell v. Transylvania County Board of Education

  23. Test Item #5 True or false… Courts in general will not support a strip search based upon rumors of prescription drug possession. Safford Unified School District #1 v. Redding

  24. Test Item #6 True or false… A strip search of an entire class of students based on missing money and valuables will generally be permitted. Knisley v. Pike County Joint Vocational School District

  25. Test Item #7 True or false… Parents have a right of access to all school-based e-mail that personally identifies their child. S.A. v. Tulare County Office of Education

  26. Test Item #8 True or false… An autistic student has a right to be accompanied by a service dog if it reduces disruptive behavior. Kalbfleisch v. Columbia Community School District, Unit #4

  27. Test Item #9 True or false… Districts may not refuse to enroll a student because he/she is undocumented. USDOE Advisory Letter of May 6, 2011

  28. Test Item #10 True or false… A parent may be prosecuted for truancy even if he/she brings the student to school, when the student fails to attend class. In re Gloria H.

  29. Test Item #11 True or false… An attorney is not required to be present to represent a student at an initial truancy hearing. Bellevue School District v. E.S.

  30. Test Item #12 True or false… As long as a teacher does not share the exact questions from a state test with students, he/she cannot be disciplined for “cheating” on the test. Luscre-Miles v. Department of Education

  31. Test Item #13 True or false… NCLB requires that Limited English Proficiency students be tested in their native language. Coachella Valley Unified School District v. State of California

  32. Test Item #14 True or false… No warrant is necessary prior to having a “drug dog” sniff students cars and lockers. Burbank v. Canton Board of Education

  33. Test Item #15 True or false… A parent may avoid vaccination of their children on religious grounds with a supporting letter from a child psychologist. Workman v. Mingo County Board of Education

  34. Test Item #16 True or false… A student may be disciplined for creating a social networking site profile of a staff member on his/her own computer off of school time even though no evidence of potential disruption can be shown. Layshock v. Hermitage School District

  35. Test Item #17 True or false… A student may be disciplined for creating a social networking site profile of a staff member on his/her own computer off of school time regardless of whether actual disruption can be shown. J.S. v. Blue Mountain School District

  36. Test Item #18 True or false… If a student has violated multiple school policies during an offense, they may be suspended for consecutive time periods. Appeal of Keelin B.

  37. Scoring Rubric 15-18 You are the equal of Johnnie Cochran 11-14 You are the equal of Judge Judy 8-10 You are the equal of your school solicitor 5-7 You are the equal of your chief school administrator 0-4 You are a law suit waiting to happen

  38. Contact Information Dr. Robert B. Cormany Executive Director of PAPSA 19 Orchard Avenue Carlisle, PA 17015 Phone/Fax (717) 243-6413 rcormany@aol.com

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