SCHOOL LEGAL & LIABILITY ISSUES
Length of Seminar: 2 Days
Instructors: Jack Ryan, J.D. or Brian S. Batterton, J.D.
COURSE OBJECTIVES:
The Effect Of School Violence On
The Rights Of Students: This session will provide
an overview of the entire course as well as providing the
background for the shifting legal requirements that have
resulted from high-profile incidents of school violence.
Searches In Schools:
(Weapons, Contraband and Items Prohibited Under School
Rules) The student shall gain an understanding of the law
relating to searches in and around school property, including:
Searching the Student’s Persons; Searching a Students’
Belongings; Student Strip Searches; Searching Lockers and
Desks; Use of K-9 for Sniff Searches in the Schools; Parking
Lots and Student Vehicles; and School Events outside the
School Day.
Teacher Versus Police
Personnel Searches: Attendees will gain an understanding
of the distinction in legal standards between those conducted
by school teachers and administrators as opposed to those
conducted by the police.
The Use Of Video
and Audio Surveillance In The School Environment:
This session will identify the legal issues surrounding
the use of video and audio surveillance as it relates to
school security. Participants will also gain an understanding
of the legal issues regarding privacy rights with respect
to covert surveillance.
Random Drug Testing
For Students Involved In Extra-Curricula Activities: Students
will gain an understanding of Constitutional rulings regarding
drug testing of students who participated in extra-curricula
school activities. Participants will review policies relating
to this type of random drug testing.
Interviewing and
Interrogating Students: Participants will gain a
working knowledge of the law relating to student interviews/interrogations
in the school—disciplinary setting.
The Use Of Physical
Force To Control and Punish Students: This session
will examine the current state of the law relating to the
use of physical force, by teachers and other school officials,
to control and punish students.
Liability Issues
For Teachers and Other School Officials: Violations
of Students’ Rights for Unreasonable Searches and
Seizures; Liability with respect to the Use of Physical
Force; The duty to protect from various types of harm; participants
shall gain an understanding of their legal duties and obligations
with respect to protecting students from abuse at the hands
of another student.
Mandatory Reporting
Requirements: This session will focus on the obligations
of teachers and school officials to report various crimes
that they become aware of through contact with students
including: child abuse; sexual assaults; assaults and drug
related crimes.
First Amendment Rights
Of Students: Participants will gain an understanding
of the First Amendment issues relating to school activities
and the most current state of the law impacting these issues.
The session will include discussion on: Student dress codes;
Regulating exotic body piercing in the school environment;
Censoring student newspapers and speech; Discipline based
on student speech or writing; and the current law on prayer
in the public school setting.
Legal Issues Arising
From Internet Access For Students: With the increase
in school access to the internet, administrators and teachers
must be familiar with the legal issues regarding use and
censorship of students’ use of the internet. This
session will outline the existing law as well as policy
considerations regarding internet usage by students.
Federal Education
Rights and Privacy Act (FERPA)/Buckley Amendment: Confidentiality
rights of students will respect to discipline and schoolwork.
Liability issues with respect to breaches of confidentiality.
Mental Health Evaluations Of Students: Students shall examine
the law relating to school-requested mental health evaluations
of students.
Policy Development:
This session will focus on providing participants with a
sound framework for policy development for schools. Participants
will gain knowledge with respect to the essential resources
that must be reviewed while developing policies.
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