1. Science Teaching and the Law

2. Disclaimer: I’m not a lawyer, so I can’t give legal advice. But I can suggest that you… Carry liability insurance. Carry liability insurance. Read your school/district’s policy manual carefully. Read your school/district’s policy manual carefully.

3. Two Types of Liability Criminal -- breaking the law Criminal -- breaking the law Willful and wanton misconduct Willful and wanton misconduct Intentional, orIntentional, or Reckless disregard for the safety of othersReckless disregard for the safety of others Tort -- violating professional standards Tort -- violating professional standards Negligent conduct Negligent conduct Failure to actFailure to act Failure to use ‘common sense’ (foreseeability)Failure to use ‘common sense’ (foreseeability)

4. It’s the difference between being arrested and being sued.

5. Negligence is a failure to exercise the degree of care which a prudent professional or an intelligent layperson would exercise under similar conditions.

6. Bottom-Line Liability Issues You are responsible for student safety. You are responsible for student safety. –physical –emotional School districts are subdivisions of the state and cannot be held entirely liable for injuries. School districts are subdivisions of the state and cannot be held entirely liable for injuries. –some school boards protect teachers from legal liability Liability can result from non-science issues. Liability can result from non-science issues. –field trips, errands, transporting pupils in cars –propriety issues

7. What are the most common concerns for teachers?

8. #1: Ensuring Student Safety Teachers must ensure students’ classroom safety. Teachers must ensure students’ classroom safety. –Following fire and disaster regulations –Enforcing acceptable behavior Science teachers have additional concerns. Science teachers have additional concerns. –Science materials –Classroom safety equipment –Planning and safety instructions

9. All Illinois teachers are Mandated Reporters for child abuse. Abuse and neglect Abuse and neglect Harassment Harassment – Sexual, religious, racial, cultural, gender preference Weapons and alcohol abuse Weapons and alcohol abuse Reasonable cause for suspicion is all that’s required, but there is a specific legal procedure. Reasonable cause for suspicion is all that’s required, but there is a specific legal procedure.

10. Curriculum and Practices Teachers are legally obligated to teach the curriculum set by the local school board and state board of education. Teachers are legally obligated to teach the curriculum set by the local school board and state board of education. How you teach the curriculum is flexible. How you teach the curriculum is flexible. –Specific formats may be required for “delicate” topics. Teachers must not discriminate or stigmatize students. Teachers must not discriminate or stigmatize students. Teachers must be aware of all legal requirements. Teachers must be aware of all legal requirements.

11. Funds and Equipment Document, document, document Document, document, document –Collected funds –School equipment –Your personal items and purchases

12. Hot-Button Issues There are significant areas of public controversy. There are significant areas of public controversy. –Sex, alcohol and drug abuse –Evolution –Animals research and dissection –Environmental advocacy Teachers should consult the school administration for policies relating to these areas. Teachers should consult the school administration for policies relating to these areas. Go ahead and teach the topic, if allowed. Go ahead and teach the topic, if allowed. –Be sensitive to concerns.

13. Personal Liability Situations Only interact with students in your official capacity as teacher. Only interact with students in your official capacity as teacher. –Don’t send a student to perform personal errands. –Do not attempt to handle difficult personal issues on your own (for example, a suicidal student). –Consider off-campus contact very carefully. Never put yourself in a potentially litigious situation (behind closed doors). Never put yourself in a potentially litigious situation (behind closed doors).

14. Taking Positive Action Be proactive, not reactive Be proactive, not reactive –Avoid even the appearance of impropriety. Know your rights and limitations, and make use of this information before you get into trouble. Know your rights and limitations, and make use of this information before you get into trouble. Carry liability insurance Carry liability insurance –ISU student chapter of NEA provides $1M insurance with $35 annual membership –Many teacher organizations (NSTA, NABT) offer inexpensive policies (<$100/year)

15. Words of Wisdom from the NSTA