School Personnel Liability: What you need to know to protect yourself and your students

Overview: Expectations of School Personnel Injury and Liability Slander vs. Libel Suspected Neglect or Abuse Copywrited Material Social Media Protecting Yourself

Expectations: School personnel are held to a high standard Educators are perceived as “smarter” and “parent-like” Schools are assumed to be safe

Slander vs. Libel Either result in a defamatory statement Damage includes harm to a person’s character or reputation Slander: spoken statement Libel: written statement

Suspected Abuse or Neglect: Texas Law: 48 Hours to Report “Professional Reporters” may not delegate responsibility Responsibility to report, not investigate 1 1 Reporting Suspected Abuse or Neglect of a Child Training. (N.D.). Texas Department of Family and Protective Services. (Welcome Section, para. 4) Retrieved from:

Suspected Abuse or Neglect: What can happen if you don’t report suspected abuse

Injury and Liability: Preventable accidents When to consult an attorney Intentional versus negligent torts Intentional Tort: “Offenses committed by a person who attempts or intends to do harm.” Negligence Tort: Most frequent in school settings 2 2 Yell, Mitchell L. (March, 1999). Teacher Liability for Student Injury and Misconduct. Center for Effective Collaboration and Practice. (Intentional Torts section, para. 1) Retrieved from:

Injury and Liability: 3 Evans, Will. (U.D). Risk Management ABCs- Dealing with Student Injuries. Markel Insurance Company. (p.2) Retrieved from: Where exposure for injury is greatest: 3

Copywrited Material: “Fair Use” Copywrited material can be used: In the classroom At an educational conference School-wide or district- wide festivals

Copywrited Material: Five Principals of Use – When its okay or not okay to use copywrited material: Classroom lessons Preparing curriculum material Sharing media Bischoff, Jaime B et al. (U.D) The Code of Best Practices in Fair Use for Media Literacy Education. The Center for Social Media. (Principals Section, para.1, 4, 7, 10, 13) Retrieved from: practices-fair-use-media-literacy-education 4 4

Copywrited Material: Five Principals of Use – When its okay or not okay to use copywrited material: Student use Developing audiences for student work

Copywrited Material: Bottom line: Willy Wonka is not a good idea during a stormy recess "Fair Use is limited to relatively small portions of copyrighted materials used for criticism, comment, news reporting, teaching, scholarship, and research.” 5 5 Frieden, James A. (U.D). Fair Use of Copywrite Protected Material for Teachers. Information for Faculty. (pg. 4). Retrieved from content/uploads/Fair-use-of-copyright-material-for-teaching.pdf

Social Media: Social media explosion: more users, tools, sites and potential dangers

Social Media: Share instructions Link to online sources Create Facebook groups around classes Create RSS feeds for students on topics Educators can use social media to: Falls, Jason (Dec. 8, 2011). Social Media Belongs in the Classroom. NBC News Education Nation. (Para. 9) Retrieved from h ttp:// 6 6

Social Media: The dangers of social media Becoming “too friendly” with students Possible sexual allegations School policies--in the classroom and outside of school hours

Social Media: April 2012 charges against Paul Roberts Former Teacher of the Year Accused of inappropriate communication with students via text messaging and social media

Protecting Yourself: Common sense Communication with administration Research policies

References: Texas Department of Family and Protective Services. Reporting Suspected Abuse or Neglect of a Child Training. (N.D.). (Welcome Section, para. 4) Retrieved from: Yell, Mitchell L. (March, 1999). Teacher Liability for Student Injury and Misconduct. Center for Effective Collaboration and Practice. (Intentional Torts section, para. 1) Retrieved from: Evans, Will. (U.D). Risk Management ABCs- Dealing with Student Injuries. Markel Insurance Company. (p.2) Retrieved from: Bischoff, Jaime B et al. (U.D) The Code of Best Practices in Fair Use for Media Literacy Education. The Center for Social Media. Retrieved from: practices-fair-use-media-literacy-education Frieden, James A. (U.D). Fair Use of Copywrite Protected Material for Teachers. Information for Faculty. (pg. 4). Retrieved from content/uploads/Fair-use-of-copyright-material-for-teaching.pdf Falls, Jason (Dec. 8, 2011). Social Media Belongs in the Classroom. NBC News Education Nation. (Para. 9) Retrieved from h ttp://