Tips for Heading Off Legal Problems
- dalillama
- Oct 28
- 3 min read
As the new school year begins, there is always a combination of excitement and apprehension. What if you get a student who occasionally exhibits violent behavior? What if a parent is overly protective of his or her child and would not hesitate to file a lawsuit against you for the slightest slip up on your part? Or, what if you have a new principal who scrutinizes and second-guesses everything you do? Below, PAGE General Counsel Jill Hay, shares great information to know…
To help you avoid legal problems, follow this advice:
Report suspected child abuse in writing within 24 hours of the time you first have reason to believe that a student in your care has been abused. Keep a copy of that report for your records. In most Georgia school districts, you are to report the suspected abuse to a designated authority in your school. (However, some districts have you report directly to DFCS.) Check your school’s written policy. “Child abuse” means physical injury or death inflicted upon a child by a parent or caretaker by other than accidental means; neglect or exploitation of a child by a parent or caretaker; emotional or sexual abuse of a child; or sexual exploitation of a child.
Report all incidents of bullying in writing as soon as possible: physical, mental, or cyber. Keep a copy of that report for your records.
Do not permit a student to be alone with you in a closed area. Furthermore, do not drive a student home from an after-school event unless absolutely necessary, and even then, always have another person in the car with you. If at all possible, secure written permission from an administrator.
Force against a student may not be used unless it is absolutely necessary to defend yourself or protect someone else from injury.
Do not leave your class unattended, especially if a fight has started between students. In case of such emergencies, have a designated student in your class go to the front office for assistance. Teachers have a duty to exercise proper supervision over students in their classes and reasonable care to prevent injury to them.
Corporal punishment may only be administered by the principal or the principal’s designee and authorized by written policy adopted by the school board. Even if you are authorized to administer corporal punishment, strict guidelines must be followed.
Do not search a student’s body (i.e., “strip search”) even if you believe you have probable cause that warrants a search. In almost every case, strip searches of students are found to be a violation of students’ Fourth Amendment rights.
Do not change a young child’s underwear or diapers unless another adult is present.
Follow the chain of command if you have a complaint. First, go to your immediate supervisor, and then move up the chain of command.
Do not tutor one of your students for compensation or solicit parents or students to purchase goods or services from you.
Keep accurate records and receipts in the collection and disbursement of school monies (for example, school clubs or athletic events).
Always maintain a professional relationship with students, even if they may be close to your age. Do not have a relationship with a student outside of school or school activities. This includes contacting students over social media.
Do not establish electronic relationships with students through email, text, or social media that do not relate directly to school. Any use of electronic communication with students should first be approved by your administrator.