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Legal Issues Involving Elementary School Students

Legal Issues Involving Elementary School Students. By: Beverly Rickhoff. What Is Our Liability When Dealing with This Student Population?. The GOOD News: Qualified Governmental Immunity. Professional Employees Action Was in Your Course and Scope of Employment

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Legal Issues Involving Elementary School Students

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  1. Legal Issues InvolvingElementary School Students By: Beverly Rickhoff

  2. What Is Our Liability When Dealing with This Student Population?

  3. The GOOD News:Qualified Governmental Immunity • Professional Employees • Action Was in Your Course and Scope of Employment • Act Involved Use of Discretion or Judgment

  4. Superintendent Teachers Administrators Nurses Counselors Supervisors Social Workers Teacher’s Aides Bus Drivers Student Teachers Anyone Else Whose Employment Requires Licensure or Certification “Professional Employees” Include

  5. Professional Employees Are Generally Protected From These Claims: • Playground Accidents • Sports Injuries • Student Fights • Classroom Accidents • Natural Death

  6. Employees May Have Liability: • Administration of Medication • Operation/Use of a Motor Vehicle • Excessive Use of Force in Discipline • Discrimination Claims • Sexual Harassment • Failure to Report Child Abuse • Special Education

  7. Student To Student Sexual Harassment:Horseplay or Harassment? • Term “Harassment” Frequently Misused • Consider Maturity Level of Child • Normal Growth and Development Issues • Conduct during Unstructured Times

  8. Students Who Run From Staff:Should We Run After Them? • Consider the Age, Size and Speed of the Student • Check Board Policy • If a Student Leaves Campus, Notify Parents and Police

  9. What is My Liability When Diapering A Student or Assisting with Buttons and Zippers? • Not Particularly High Risk • Diapering: Discussion With Parents is Warranted • Assisting With Dress: Self Help Skill

  10. Parents Who Don’t Honor Drop Off and Pick Up Times: • What is Our Liability When a Student is Dropped Off Before Staff Are On Campus? • What If Parents Don’t Come to Pick Up Kids On Time After School?

  11. A Look At SomeSpecial Education Issues...

  12. When Can We Evaluate? • Who Can Refer? • Pre-Referral Process • No Age Requirement • School District Must Suspect the Need for Services

  13. Mentally Retarded Emotionally Disturbed Learning Disabled Autistic Orthopedically Handicapped Speech Impaired Multi-Handicapped Other Health Impaired Deaf/Hard of Hearing Visually Handicapped Deaf/Blind Traumatic Brain Injury Non-Categorical (3-5) Eligibility Categories for Special Education:

  14. SOME OTHER ELIGIBILITY CATEGORIES WE’D LIKE LEGISLATURE TO RECOGNIZE: • ADDD - Attention Deficit Disorder Deliberately • IMOM - In Mind, Out Mouth • MAH - Mean as Hell • ATR - Adverse Tress Reaction (Bad Hair Day)

  15. Classroom Behavior Issues...

  16. School Yard Bully Behavior:What We Know • More Males • Chronic Bully Maintains Behavior Into Adulthood • Home Lacks Parental Involvement/Warmth • Correlation To Criminal Troubles

  17. Here’s Something Else We Know: • Child’s Inability to Delay Gratification Plays A Big Role • Biology or Learned Behavior?

  18. Hot Topic: ADHD Students • Eligibility Under OHI • Acute Sensitivity to Lighting and Sounds • Don’t Rely Solely On Medical Evaluation • Administration of Medication

  19. What Are Effective Methods For Dealing with Verbal Abuse? • Profane Language • Don’t Ignore • Exposes Others • Set Limits • Similar to Graffiti • Verbal Threats • More Detail Increases Likelihood

  20. Some Early Warning Indicators or ED Behaviors: • Cruelty to Animals • Obsession with Fire, Guns or Explosives • Tendency to Shatter Windows • Paranoia • Uncontrolled Anger • Response to Internal Stimuli

  21. Proper Use of ‘Time Out’: • Continuum of Time Out Placements • Proximity to Classroom • Redirection First • Staff Should Visually Monitor Student • 1 Minute For Every Year of Age

  22. ! Time Out, Restraint & Seclusion: • No Seclusion Of ANY Student In a Locked box, closet or room • Less than 50 square feet • Exception: Student possesses a weapon and confinement is necessary to prevent student from causing bodily harm to student or another person

  23. Are We Required to Mainstream All of These KIDS? • Full Inclusion Is NOT the Law • LRE • Significantly Impair Ability of Other Students To Learn • No Educational Benefit • Teacher Spending So Much Time

  24. Requests for Unusual Equipment and/or Services • Washing Machine • Laptop Computer • New Elevator • Oxygen Tank • Bathroom In the Classroom • Dolphin Therapy • Use of Assistive Devices In the Home

  25. U.S. Supreme Court: March 3, 1999Garret F. v. Cedar Rapids CSD (Iowa) • One-To-One Nursing Services • $20-30k Annually • Bright Line Test • District Required To Perform

  26. Here’s Something Else That Is Absolutely Clear: Field Trips • Parents Cannot Be Forced To Attend • IEP Teams Need To Plan For Support Staff • Commissioner’s Decision

  27. A Word About IEPS and Modifications...

  28. Individual Education Plans • Legally Binding • Modifications in Academics • curriculum ‘beyond recognition’ • so drastic that the classroom is implausible • NO Requirement to Guarantee Success • Good Faith Efforts to Assist Student with Progress

  29. Teachers Who Refuse To Modify: • Doe v. Withers • Regular and Special Education Teachers Must Modify • Failure to Modify Is Grounds for Disciplinary Action

  30. The Unreasonable Parent...

  31. Dealing With the Unreasonable or Irate Parent • Screamers • Full-Time Observers • Re-teachers • Daily Requests For Information: 45 Day Rule • Medication Issues

  32. Non-Custodial Parent Rights: • Access To Records • Emergency Contact Form • Attend School Activities • Consult with School Personnel

  33. A Few Other Points That Apply To Elementary Grade Levels...

  34. Missing Child Prevention and Identification Programs • School District May Participate • Can Include Fingerprinting and Photographs • Parents Must Consent To Participation • Info Only Used For Identity or Location of Missing Child

  35. Name Game Legislation In each public school, a student must be identified by his/her legal surname as that name appears • on his/her birth certificate OR • in a court order changing the student’s name Effective beginning with the 2001-2002 school year

  36. Use of Textbooks Texas Education Code 26.006: • Parents Rights section • Textbooks must be allowed to be taken home • Subject to availability • If requested, request shall be honored • Teacher can request it be returned the next day

  37. Freedom Week Celebration Education Code 29.903: • Effective 2001-2002 School Year • Last full week of classes in September • Students in grades 3-12 may be required to study: • sacrifices made for freedom in founding the USA and • values upon which USA was founded

  38. Truancy Before 1st Grade? • Yes! • District Required to Notify Parent In Writing That Student and Parent Are Subject to Prosecution If Student is Absent 10 or More days or Parts of Days Within a 6 Month Period or on 3 or More Days within 4 Week Period • Parents Have a Duty to Monitor • Required to Conference with School Officials

  39. Intro to Child Abuse

  40. Mental Or Emotional Injury to A Child Physical Injury To A Child Harmful Sexual Conduct Encouraging Sexual Conduct Obscene or Pornographic Pictures Controlled Substance By the Parent Controlled Substance by Child Definition of “Abuse”

  41. Leaving a Child Without Necessary Care Failing to Remove Child From Substantial Risk Failure to Seek Medical Care Failure to Provide Food, Clothing, Shelter Failing To Remove Child From Risk of Sexual Conduct Failure to Permit Child To Return Home Definition of “Neglect”

  42. Duty To Report: Child Protective Services • Professionals: Oral Report within 48 hours • All Others Immediately • No Written Report • Immunity

  43. About the Report: • Contents of Report • Non-Accusatory • Anonymous Reports • Documenting The Call • Identity of the Reporting Person

  44. Assisting With A Child Abuse Investigation: • Request to Examine Or Photograph • Participation in Interviews • No Delegation of Reporting Requirement

  45. A FEW WORDS ABOUT DOCUMENTATION…..

  46. Types of Documentation • Specific Incident Reports • Counseling Logs • Memos • Phone Messages • Post-It or Other Personal Notes • Sign In Sheets • E-mail • Calendar Entries

  47. HOW TO KEEP GOOD DOCUMENTATION • DO IT • Contemporaneous Writing • Describe Incident • List Recommendations • Indicate What Will Happen Next • NEVER Backdate

  48. Suspected Child Abuse/Neglect Drug Use Improper Sexual Relationships Serious Disturbances on Campus Angry Parent Conferences Injury to A Child Excessive Absences Threats Serious Health Related Problems of Student WHEN YOU SHOULD DOCUMENT:

  49. Advanced Moves Involving Related Services Issues: • RULE 1: They must start at the beginning of the school year. • RULE 2: The List In Your Handout Is Not Exhaustive • RULE 3: Failure or Refusal of Child To Appear For Related Services Must Be Addressed By An ARD Committee

  50. Refresher on Related Services: • PT/OT • Speech • Orientation and Mobility • School Health Services • Parent Training • Visual Therapy • School Social Work • Audiology • Recreation Therapy • Transportation

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