Handle IEP Documents and Child Abuse Reporting with Extreme Care

One of the most important areas of school law in Georgia is the Professional Standard Commission’s implementation and interpretation of the Code of Ethics for Educators. The Code of Ethics defines the required professional behavior of educators. All educators in Georgia, from paraprofessionals to superintendents, hold a license issued to them by the PSC. Failure to follow the Code of Ethics can result in the PSC issuing sanctions against an educator’s certificate. The following guidance, shared by PAGE staff attorney Matthew Pence, is great information to know…

---

The Code of Ethics consists of 10 standards of conduct. It is imperative for educators to maintain familiarity with all 10 standards. While some unethical conduct is very clear (i.e., don’t become romantically involved with a student), there are seemingly murkier areas where educators often have the right intentions, but those intentions lead to the wrong results. Two areas that pose potential minefields for educators are handling Individualized Education Program documents and mandated reporting of child abuse.

Individualized Education Program Documents

An IEP document is a federally mandated document for children with special needs and/or learning disabilities. Generally, an IEP document identifies the student and his/her disability, and it includes accommodations that the school must implement in order for the child to be successful. IEPs are governed by the federal Individuals with Disabilities Education Act.

There are several mistakes in the IEP process that may result in a sanction from the PSC. First, drafting, revising, updating, or amending an IEP requires an IEP meeting. This meeting involves the parent(s), student, special education teacher, regular education teacher, and administrator. At the end of the meeting, each person involved signs off on the IEP. Do not sign an IEP document without having an IEP meeting with everyone in the room at the same time. Sporadic contact, such as phone calls to parents regarding the IEP, emails among faculty members about the IEP, or discussing the case outside of the IEP meeting, does not constitute the actual IEP meeting. No educator should sign her/his name unless she/he was actually in the meeting with all of the others present. Such action, in the eyes of the PSC, constitutes dishonest conduct under Standard 4. Moreover — and this should come as no surprise — there is no reason to sign someone else’s name to an IEP. This also is considered unethical conduct under Standard 4.

Failure to implement the IEP does not always constitute unethical conduct; however, it could result in the parent filing a complaint with the U.S. Department of Education. For example, if the IEP mandates that a student must have all assessments read aloud to him/her, then this must happen, even if the student indicates that he/she wishes to waive the right. While this may not be considered unethical conduct, it could result in adverse employment action, such as a reprimand, termination, or non-renewal.

Required Reporting of Child Abuse

Georgia law mandates that all school employees are required reporters of child abuse. Ethically, this is codified as Standard 8. If you suspect that a child has been abused, you must report your suspicions in writing within 24 hours. Most school systems in Georgia require that an educator submit this report to someone at the school, such as a school counselor or administrator. Some school systems require educators to report directly to the Department of Family and Children Services. Regardless, it is important for all educators to familiarize themselves with the reporting procedures of their respective district at the beginning of the school year.

Failure to report child abuse often results in the PSC issuing severe sanctions, particularly when a child has been harmed after the educator became aware of the abuse. Because of the criminal component of the reporting statute, several Georgia educators have been arrested for failure to report. Educators who file mandated reports should also keep thorough documentation regarding the report.

All PAGE members confronted with questions about ethics should contact the PAGE Legal Department for guidance. Call 770-216-8555 | 800-334-6861 (and select option 1).