Legal Department Reminders Regarding School Safety Issues

1. Legal Department Reminders Regarding School Safety Issues Ali Tomberlin, General Counsel Joint Principals Meeting October 1, 2013

2. Legal Department Reminders Regarding School Safety Applicable Laws

3. Applicable Laws • 115C-288, Powers and Duties of Principal (e)        To Discipline Students and to Assign Duties to Teachers with Regard to the Discipline, General Well-being, and Medical Care of Students. - The principal shall have authority to exercise discipline over the pupils of the school under policies adopted by the local board of education in accordance with G.S. 115C-390.1 through G.S. 115C-390.12. The principal may use reasonable force pursuant to G.S. 115C-390.3 and may suspend students pursuant to G.S. 115C-390.5. The principal shall assign duties to teachers with regard to the general well-being and the medical care of students under G.S. 115C-307 and Article 26A of this Chapter.

4. Applicable Laws • 115C-307, Duties of Teachers (c)        To Provide Some Medical Care to Students. - It is within the scope of duty of teachers, including substitute teachers, teacher assistants, student teachers or any other public school employee when given such authority by the board of education or its designee to provide medical care to students as provided in G.S. 115C-375.1.

5. Applicable Laws • 115C-375.1, To Provide Some Medical Care to Students It is within the scope of duty of teachers, including substitute teachers, teacher assistants, student teachers, or any other public school employee when authorized by the board of education or its designee, (i) to administer any drugs or medication prescribed by a doctor upon written request of the parents, (ii) to give emergency health care when reasonably apparent circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the pupil, and (iii) to perform any other first aid or lifesaving techniques in which the employee has been trained in a program approved by the State Board of Education. No employee, however, shall be required to administer drugs or medication or attend lifesaving techniques programs.

6. Applicable Laws • 115C-375.1, To Provide Some Medical Care to Students It is within the scope of duty of teachers, including substitute teachers, teacher assistants, student teachers, or any other public school employee when authorized by the board of education or its designee, (i) to administer any drugs or medication prescribed by a doctor upon written request of the parents, (ii) to give emergency health care when reasonably apparent circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the pupil, and (iii) to perform any other first aid or lifesaving techniques in which the employee has been trained in a program approved by the State Board of Education. No employee, however, shall be required to administer drugs or medication or attend lifesaving techniques programs.

7. Applicable Laws • 115C-375.1, To Provide Some Medical Care to Students It is within the scope of duty of teachers, including substitute teachers, teacher assistants, student teachers, or any other public school employee when authorized by the board of education or its designee, (i) to administer any drugs or medication prescribed by a doctor upon written request of the parents, (ii) to give emergency health care when reasonably apparent circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the pupil, and (iii) to perform any other first aid or lifesaving techniques in which the employee has been trained in a program approved by the State Board of Education. No employee, however, shall be required to administer drugs or medication or attend lifesaving techniques programs.

8. Applicable Laws • 115C-375.1, To Provide Some Medical Care to Students (cont.) Any public school employee, authorized by the board of education or its designee to act under (i), (ii), or (iii) above, shall not be liable in civil damages for any authorized act or for any omission relating to that act unless the act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing. Any person, serving in a voluntary position at the request of or with the permission or consent of the board of education or its designee, who has been given the authority by the board of education or its designee to act under (ii) above shall not be liable in civil damages for any authorized act or for any omission relating to the act unless the act amounts to gross negligence, wanton conduct, or intentional wrongdoing.

9. Applicable Laws • 115C-375.1, To Provide Some Medical Care to Students (cont.) At the commencement of each school year, but before the beginning of classes, and thereafter as circumstances require, the principal of each school shall determine which persons will participate in the medical care program.

10. Legal Department Reminders Regarding School Safety Applicable policies & arS

11. Applicable Policies & ARs • AR 3547, Safety Program and OSHA Regulation Each school and each site which houses employees of the Winston-Salem/Forsyth County school system shall organize a Safety Committee. A school may assign this responsibility to the School's Improvement Team. 1. The chairman of each school's committee shall be the principal or his designee. 2. The chairman at other locations shall be the person appointed to be responsible for record keeping aspects of the Safety Program. 3. The committee shall consist of three to five members. The school's safety committee may include a student (recommended at the secondary level).

12. Applicable Policies & ARs • AR 3547, Safety Program and OSHA Regulation The major role of the on-site Safety Committee is to educate employees and students in the area of safety. • The on-site Safety Committee should meet at least four (4) times a year. • Suggested Activities: • Review WS/FCS' Safe Schools Plan and include safety goals and strategies to achieve those goals in the school's Improvement Plan that are consistent with the WS/FCS' Safe Schools Plan. • Develop and implement a "Safety Plan" for the school. • Develop school Emergency Procedure plans and provide training in those procedures for staff and students. • Implement activities early in the year to emphasize safety to students. • Orientation of new personnel on Safety and Emergency Procedures Plans. • Recommend curricular activities that focus on safety. • Cooperation with outside agencies which include safety as a major item of concern. • Coordinate the system-wide safety educational activities. • Assist the principals and persons responsible with yearly safety inspections.

13. Applicable Policies & ARs • AR 3547, Safety Program and OSHA Regulation Student and Non-employee Injuries, Investigation and Reporting • The principal or a designee shall investigate all student and non-employee injuries that occur at school or school activities, on or off campus. • Serious injuries, which are defined as those injuries requiring medical treatment, shall be recorded on the "WS/FCS Report On Serious Injury" Report form. A copy of the form shall be sent to the School Attorney's Office and to the appropriate Assistant Superintendent. If the injury occurred during inter-scholastic athletics, a copy of the report also shall be sent to Program Manager for Athletics. • For additional information see: WS/FCS "School Safety and Emergency Procedural Manual."

14. Report on Injury Form Available on Admin Web Portal Removed the word “Serious” from title Send to School Attorney’s Office We file them We use them to make insurance reports when needed Sometimes we might need more than just this report

15. Applicable Policies & ARs • AR 3547, Safety Program and OSHA Regulation Acts of Violence, Investigation and Prevention All schools shall have a designated safety coordinator who will be responsible for coordinating related activities and events. Other designated teachers/staff members are responsible for the following: • Integrating into the curricula and teaching age-appropriate violence prevention activities and/or programs. This includes, but is not limited to, programs such as character education, diversity training, Super Kids, personal safety, conflict resolution, anger management, peer mediation, assertiveness training and non-violent crisis intervention. • Sponsoring student focus groups where students can discuss safety issues such as drugs and violence. This includes, but is not limited to, groups such as SADD-Students Against Drunk Driving, SAVE- Students Against Violence Everywhere and Student Crime Watch. Students will be encouraged to sign contracts to remain violence-free. • Providing parenting workshops to assist parents in raising nonviolent children.

16. Applicable Policies & ARs • Policy 5141, Student Health Care First Aid or Emergency Health Care. • The Principal shall request a minimum of two (2) staff members volunteer for training or periodic retraining in first aid and life-saving techniques. At the secondary level, one of the individuals should be an athletic trainer or coach. • The administration shall provide or facilitate training for the above staff volunteers in first aid and life-saving techniques on a periodic basis. • All school personnel shall follow the procedures listed in the book NC Emergency Guidelines For Schools 2009 Edition to handle student illnesses and injuries.

17. NC Emergency Guidelines for Schools (2009)

18. Legal Department Reminders Regarding School Safety Questions?