I. Daily Decision-Making

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