Legal Pitfalls for Teachers

1
Legal Pitfalls for Teachers

• A list of legal pitfalls (and words to the wise)
  are listed following the statute.

2
Subchapter B. Civil Immunity
The protections provided by the state of Texas to
those who teach in the public schools.

• Section 22.051. Immunity From Liability for
  Professional Employees.

3
A professional employee of a school district is
NOTpersonally liable for any act that is
incident to or within the scope of the duties of
the employees position of employment and that
involves the exercise of judgment or discretion
on the part of the employee, EXCEPT in
circumstances in which a professional employee
uses excessive force in the discipline of
students or negligence resulting in bodily injury
to students. (This section does not apply to
the operation, use, or maintenance of any motor
vehicle.)
4

• (1)a superintendent, principal, teacher,
  supervisor, social worker, counselor, nurse, and
  teachers aide
• (2) a student in an education preparation program
  participating in a field experience or
  internship
• (3)a school bus driver certified in accordance
  with standards and qualifications adopted
• by the Department of Public Safety and
• (4) any other person whose employment requires
  certification and the exercise of discretion.
• Added by Acts 1995, 74th Leg., ch. 260, Sec. 1,
  eff. May 30, 1995.

5
Common Mistakes that lead to Special Education
due process hearings, teacher dismissals, and/or
law suits against school personnel
6
Procedural Violations

• Rowley--Congress placed as much emphasis upon
  compliance with procedures as with the
  measurement of the resulting IEP.
• Notices
• Consent
• IEE
• Poor Evaluations
• Improper ARD Committees

7
Denying Services Based on Cost Considerations
(the kiss of Death)

• There is no provision in the law that limits a
  school districts responsibility to a free
  appropriate public education (FAPE) to the amount
  of funds it receives. You must provide whatever
  is necessary for a child to receive FAPE.

8
Rigidity (The never have done it, never will do
it approach)

• That is an interesting request and we were not
  expecting that item to come up as a
  request-please give me a chance to study and
  research your request and I will get back with
  you.

9
Giving in to Demand of Parents (even when it is
not in the best interest of the child)

• Most common example is where the parent refuses
  to allow testing and/or services from special
  education and the student needs special education
  services to have a FAPE.

10
Acting on the Basis of Principle V. Reason (AKA,
fighting losing battles)

• Most common example is refusing to consider a
  child for Special Education services because the
  student is bright or is passing from grade to
  grade.

11
Taking the Law Into Your Own Hands (ignoring
the IEP, the law, and common sense)

• Usually happens in the area of discipline and
  not following the IEP.

12
Procrastinating

• It is too easy to allow timelines to pass and
  needed services to be ignored.

13
Be Very Careful With Physical Touch

• The only safe area is the upper arm and shoulder
  blade area and then only for a couple of seconds.

14
Do Not Go Hands On

• Physical restraint with a child should only be
  used when there is a need to protect yourself,
  the child, or others.

15
Do Not Take Any Action Or Use Language
(ethnically, sexually, politically, etc.)

• Do not tell stories or jokes that in any way
  could be considered questionable.

16
A Detention of A Student For A Short Time After
Class Has Ended

• Is recognized as a legitimate method of
  enforcing discipline, but must be enforced in
  good faith, and not with
• malicious, wanton, or willful
• motives by the teacher.

17
Be Familiar With The Student Code of Conduct
AISD Code of Conduct
18
Schools may not arbitrarily allow the extra
curricular privileges to some students and not to
others, but may impose reasonable requirements
for all students.
19
The Reasonable Suspicion Standard

• Has been upheld in challenges to locker, desk,
  and car searches.
• Dont ignore claims of sexual harassment and/or
  abuse of one student by another.
• Document, document, document when something
  unusual takes place in your classroom.

20
Confidentiality

• Must be followed at all times in regards to
  student records and ARD deliberations. Student
  education records are official and confidential
  documents protected by the Family Educational
• Rights and Privacy
• Act (FERPA).

21
Modifications

• These are decided by an ARD committee must be
  followed at all times. If a teacher has reason to
  believe the modifications are no longer
  appropriate and need to be changed, an ARD
  meeting should be schedule.

Modifications
22
Photographing/Video Recording Students

• As a result of recent decisions that clarified
  Senate Bill 1, we are no longer required to
  obtain parental permission before videotaping a
  REGULAR education student without audio.
  However, it is district policy to obtain
  parental consent (written or oral) if students
  are interviewed.

23
We always have to obtain written parental consent
for special education students, whether they are
interviewed, videotaped or photographed.
YES
24
504

• Is a federal civil rights statue which protects
  the rights of persons with disabilities. Section
  504 prohibits discrimination against disabled
  persons, including both students and staff
  members, by school districts receiving federal
  financial assistance. Included in the
  regulations is the requirement that disabled
  students
• be provided a free appropriate
• public education.

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Please keep the following in mind concerning 504

• Modifications for a 504 student must be followed
  at all times.
• Be aware that each campus has a 504 coordinator
  and a dyslexia coordinator.
• Be aware of the local guidelines regarding 504
  and dyslexia.
• All 504 information concerning students is
  confidential.

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THE END