LEGAL AND ETHICAL ISSUES: A PUPIL SERVICES PERSPECTIVE

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LEGAL AND ETHICAL ISSUES:

A PUPIL SERVICES PERSPECTIVE

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PART I

Basic Information Concerning

Education Law

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SOURCES OF LAWLegislature (General Assembly)

Courts

Executive Agencies (State Board/PDE)

Local School Boards

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Why Few Educational Lawsuits Reach the Courts

Out-of-Court SettlementsDismissal for lack of groundsImmunity

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IMMUNITYPolitical 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

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PART II

Avoiding Legal Entanglements

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Effective Interaction with ParentsThe following suggestions can improve relationships for…

StudentsParents

Faculty

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7 STEPS FOR INTERACTING WITH PARENTSBest intentions assumedEmphasis on learningHome-school collaborationExamples and evidenceActive listeningRespect for allDedication to follow-up

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10 STEPS FOR DEALING WITH HOSTILITYAct 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.

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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.

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SCOPE OF EMPLOYMENTThe 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.

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CHARGESNEGLIGENCE

MALICIOUS INTENT

CONSTITUTIONAL VIOLATION

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DEFENSESGOOD FAITH

ASSUMPTION OF RISK

CONTRIBUTORY NEGLIGENCE

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MAGISTERIAL DUTIESLegally Binding

Created by law, regulation or policy

Actionable in court

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DISCRETIONARY DUTIESEthically binding

Created by best practice or choice

Not actionable in court

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ADVICE FOR TESTIFYINGAgree 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.

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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.

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PART III

Testing Your Knowledge of Education Law

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Test Item #1True or false…

Parents have a legally established right to visit their child’s classroom.

Mayberry v. Independent School District of Tulsa County, OK.

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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

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When a student is harassed or injured by another student ,while on a school bus, immunity protections apply.

Doe v. Marlington Local School District

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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

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Courts in general will not support a strip search based upon rumors of prescription drug possession.

Safford Unified School District #1 v. Redding

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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

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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

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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

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Districts may not refuse to enroll a student because he/she is undocumented.

USDOE Advisory Letter of May 6, 2011

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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.

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An attorney is not required to be present to represent a student at an initial truancy hearing.

Bellevue School District v. E.S.

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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

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NCLB requires that Limited English Proficiency students be tested in their native language.

Coachella Valley Unified School District v. State of California

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No warrant is necessary prior to having a “drug dog” sniff students cars and lockers.

Burbank v. Canton Board of Education

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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

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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

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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

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If a student has violated multiple school policies during an offense, they may be suspended for consecutive time periods.

Appeal of Keelin B.

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Scoring Rubric15-18 You are the equal of Johnnie

Cochran11-14 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

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Contact InformationDr. Robert B. Cormany

Executive Director of PAPSA19 Orchard AvenueCarlisle, PA 17015

Phone/Fax (717) [email protected]

mailto:[email protected]

LEGAL AND ETHICAL ISSUES: A PUPIL SERVICES PERSPECTIVE

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