Legal and Liability Issues In Schools

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 Person; 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.