WHAT SHOULD I DO IF

A Legal Handbook for New Teachers

.I need to report child abuse?

According to Tennessee law, ALL persons must report suspected cases of child abuse and neglect. This includes doctors,
police, teachers, parents, mental health professionals, child care providers, dentists, family members and friends. In
Tennessee, if you have "reasonable cause to believe" a child is being abused or neglected you must report that suspicion
directly to the state Department of Children's Services or law enforcement-and you are required to do it immediately.
Counselors can help, but you need to make the phone call. Failure to report is a misdemeanor. See TN Statute 37-1-403:
Reporting of brutality, abuse, neglect or child sexual abuse.
As a mandated reporter you are protected in terms of liability and confidentiality. Reporters who "act in good faith" are
immune from any civil or criminal liability, which means that you are protected by law if you make a report in the best
interest of the child and either you were wrong or it could not be confirmed.
Example: A student comes to school and appears to not feel well, has been crying, and/or looks tired. You ask Are you
OK and the child whispers something about her parent whipping her last night. You ask if there are bruises and the child
says yes. You take her to the nurse and ask to look at her back and see welts forming. YOU need to call DCS.
For more information, see: http://www.tennessee.gov/youth/childsafety/whoshouldreport.htm

a student uses language or content in an assignment that is inappropriate for school?

Title 49 Education
Chapter 6 Elementary and Secondary Education
Part 34 Suspension of Students
TN Code 49-6-3401 states that vulgar language may be grounds for suspension.
It is not appropriate for students to use vulgar language in course assignments. First, you should check the student code of
conduct to see if it specifically lists the consequences for the spoken or written use of vulgar language. If stated, follow
the prescribed disciplinary action for the use of such language. As for the assignment, after giving an explanation of what
the student did wrong, giving the student the opportunity to explain why they used the language, and assigning the
prescribed disciplinary action, the student should be given the opportunity to redo or edit the assignment. They should
especially be afforded the option of redoing the assignment if the use of language was not with a malicious intent. We
know that we can limit students from using vulgar language because of the court case Bethel v Fraser. The U.S. Supreme
Court decided that it is appropriate for the school to prohibit the use of vulgar and offensive language and doing so does
not violate the rights to free speech. For example, if a student stood in front of the student body and spoke vulgar
language, school officials would be allowed to pull the microphone without fear of violating the first amendment of free
speech because allowing a student to speak vulgar language would not be appropriate nor would it follow the values the
school tries to teach children.
Retrieved: 08/2/2014 http://www.oyez.org/cases/1980-1989/1985/1985_84_1667
a student uses language or content in an assignment that is inappropriate for school?
Tenn. Code Ann. 49-6-2904
Title 49 Education
Chapter 6 Elementary and Secondary Education
Part 29 Tennessee Student Religious Liberty Act of 1997
Tenn. Code Ann. 49-6-2904 (2014)
No Child Left Behind states that students may express their religious beliefs in school assignments without being
discriminated against because of the religious content. The assignment must be graded based on the academic standards of

the assignment. The teacher cannot give the student a lower grade or ask the student to redo the assignment just because
they included religion in their work. The teacher must look at the assignment in a neutral and not hostile way. For
example, if a student was asked to write a poem and the student wrote the poem about Jesus, the teacher cannot penalize
or reward him or her for doing so and must grade the student based on what was assigned. Teachers are able to limit
students from using vulgar language without violating the first amendment but they are not allowed to limit students from
the freedom to practice their religion. If a teacher were to limit a student from using vulgar words in an assignment, this is
considered good practice and instilling good values. However, limiting a student from expressing their religious beliefs
would be a violation of the First Amendment of the Constitution.
Retrieved: 08/2/2014 http://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html
I need reduce a students grade based on his/her misconduct?
The TN Teacher Code of Ethics 49-5-1001 states that the teacher has a responsibility to each student to further his or her
education and act in an ethical manner. The teacher cannot intentionally reduce a students grade because of his or her
misconduct. This would be considered unethical because that grade would not be an accurate representation of the
students academic ability. However, the students misconduct may result in a lower grade. For example, say that the
student code of conduct states that if a student is caught cheating on a test, then the student will receive the grade of 0 on
the test. If the prescribed disciplinary action is followed, then the disciplinary action resulted in a lower grade for the
student. However, the teacher may not purposefully lower the students grade due to the students misconduct. For
example, the teacher may not give a student a course grade of F (or a lower grade in general) just because the student
disrespected the teacher in class, when the student originally had a grade of an A in the course.
a parent objects to materials that I am using as a part of my curriculum and/or requests removal of library
books?
If a parent objects to the curriculum materials, the action of the teacher should depend on the reason for the objection. If
the parent is objecting due to religious reasons, you can offer the student a comparable alternative assignment that the
parent finds acceptable. Tennessee Statue 49-6-1305 allows parents to opt students out of the health and family life
curriculum. TN Statute 49-6-7003 states that parents can inspect instructional materials. Hamilton County states the
director of schools shall be responsible for the development of procedures concerning complaints regarding instructional
materials and textbooks. If a parent is requesting that a library book be removed or is complaining about an integral part
of the curriculum (such as evolution), the teacher should talk with the parent and politely explain that mere exposure to
the educational material doesnt violate religious freedoms nor does it guarantee that the student will endorse that idea.
Also, the teacher may want to explain that other students have the right to the knowledge offered by books in the library.
The teacher may want to explain the overarching ideas of the book or curriculum in question to help the parent see past
the objectionable material. Otherwise, refer them to the curriculum/book complaint procedure instilled in the county.
For example, If a parent was complaining about their student reading The Giver because their religion objects to the use
of euthanasia, the teacher should offer the student the choice to read a different book but of comparable complexity.
http://www.hcde.org/Download.asp?
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&Act=Download&T=2&I=68458
I need to use corporal punishment on a student?
Tennessee Law says:
(49-6-4103) Any teacher or school principal may use corporal punishment in a reasonable manner in order to maintain
discipline and order within the public schools and the district may implement policy and procedures for corporal
punishment.
(49-6-4105) Criminal charges may be filed against the teacher or principal for injury to a student with medical documents
verifying the injury.
(49-6-4402) Corporal punishment may be administered only in a classroom situation and only in the presence of the
director of schools or chief administrative officer of the school and one (1) other faculty witness.
The Hamilton County Code of Acceptable Behavior states Corporal punishment must be approved as policy for the
school by the principal, and students must be notified what misconduct could result in this type of discipline. It is not
intended to be used as a first method of discipline, but after several other methods have been used to modify a students

behavior. Corporal punishment must be witnessed by a second school official or teacher. A parent can then request a
written explanation of the reasons for the punishment and the name of the witness.
For example, at East Lake Elementary School, the handbook states that teachers are not allowed to use corporal
punishment, but the principal can use it, if necessary. A referral to the office should be the last step - after all other options
have been exhausted. If the principal uses excessive force that results in injury to the student, he or she may be subject to
criminal charges. http://www.hcde.org/Download.asp?
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a student reports that s/he is being bullied or sexually harassed by other students?
According to Tennessee Statute 49-6-1018, a person who witnesses or has reliable information that a student has been
subjected to an act of harassment, intimidation, bullying or cyber-bullying is encouraged to report the act to the
appropriate school official. According to the Hamilton County Code of Conduct, the appropriate official would be the
principal, who would then investigate the report. The school employee is also not allowed to retaliate against the victim or
informant. As long as the teacher reports the bullying, they will not be held responsible if the bullying is not corrected.
Even if the bullying is happening outside of school, the teacher must still report the bullying because (according to
49-6-502) bullying outside of school may disrupt a students learning environment. For example, if a student tells a
teacher that students continually call him or her hateful names regarding his or her sexual orientation at the bus stop and it
is making him or her feel fearful to come to school, the teacher must then report this incident to the school principal, who
will then investigate the report. The teacher may not retaliate against the student because of his or her report, such as call
him or her a tattler or treat him or her negatively. However, the teacher can sit down with his/her class to have a discussion
about what it means to be a bully and why it is important to treat our friends and classmates with respect. If the principal
performs no action to correct the bullying and the parent takes the school district to court, the teacher will not be held
responsible because he or she made the report to the principal. http://www.hcde.org/Download.asp?
L=2&LMID=628312&PN=DocumentUploads&DivisionID=14531&DepartmentID=15139&SubDepartmentID=&SubP=
&Act=Download&T=1&I=348704

I need to provide a student with due process?

There are two types of due process. The first is called procedural. It means that you need to have rules in your
classroom. These rules should be told to the students and hung up somewhere. You should make sure everyone
understands the rules, and enforce them fairly. Procedural due process also means that every student has the chance to
tell his or her side of the story if something goes wrong and that student gets in trouble. If there is a safety issue with the
student, it is all right to let the student tell his or her side of the story after the safety issue has been taken care of, but you
must let that student have a chance to talk. Another type of due process is substantive due process. This means to ask
yourself, Does the punishment fit the crime? For example, a student brings a plastic knife to school to use at lunch. At
lunch, he uses the knife to spread peanut butter on a cracker. He gets caught and has out-of-school suspension for a week
due to zero tolerance. However, that student did not get substantive due process. The punishment for bringing a plastic
knife to spread peanut butter on a cracker does not deserve the same punishment as a student who brings an actual knife
with the plan to harm someone. That punishment did not fit the crime. (See Tennessee Statute 49-6-4216.)
a student commits a zero tolerance violation? Will he or she be automatically out of school?
According to Tennessee law, zero tolerance means that drugs, drug paraphernalia, violence, and dangerous weapons are
not allowed on school buses, on school property, or at any school event. (See TN Statute 49-6-4216.) These violations
will not be tolerated and students who break this rule should expect swift punishment. However, it is important to note
that the statute also indicates that the superintendent has the ability to decide whether or not a student should be expelled
depending on the exact circumstances. So, to answer the question, no, there is no guarantee that a student who breaks
zero tolerance will be out of school. It all depends on the circumstances and exact details of his or her case. For
example, if we look at the same student from number 6 he brought a plastic knife to school to spread peanut butter on a
cracker. He could be found in violation of zero tolerance laws because knives can be considered dangerous weapons.
However, after talking with the student (due process!), if he didnt bring the knife with the thought of hurting others and

since the knife is plastic, it would not be expected that he would be out of your classroom for a while. The superintendent
makes that decision on a case-by-case basis.
I dont want to be found in violation of liability or negligence?
There are a few things that need to be looked upon in case someone were to call you liable or negligent. These things
include:
(1) proper standard of care you are legally obligated to ensure that you are providing adequate supervision
of students at all times to help keep them safe. If not, you can be found responsible for failing to keep
students safe.
(2) injury check to be sure that an actual injury occurred and that a student is not faking his or her injury.
(3) proximate cause the injury has to be connected to your lack of supervision. If a student gets hurt from
running into a pole even though you were watching the students carefully it is not linked to you not
supervising the children. As a result, you should not be found liable.
Remember the word: foreseeable. As a teacher, you need to ensure that you have made allowances for anything that
could go wrong. If there is a plan in place and students do it anyway, you are less likely to be found responsible. For
example, outside on the playground, you could FORSEE students getting hurt by throwing sticks at each other. So,
that should be on your rules of What Not To Do when out on the playground. The handbook of East Lake
Elementary states that students are not allowed to play contact sports at recess. It is the teachers responsibility to
enforce that rule. If it is enforced and students play contact football anyway, the responsibility should not lie with you
for any injuries occurred.
I want to be sure that I am not violating a students right to privacy regarding educational data?
(a) If you post grades in the classroom, have students pick dummy names and post them using those
names. That way, students do not know whose grade belongs to whom. Every quarter (or if you know
students are finding out the dummy names), you can have students pick a new name.+
(b) Do not complain about the student (or his/her grades, test data, etc) in the teachers lounge, in the hallway,
in the cafeteria, in Walmart, in Publix, etc. If you need to speak with another teacher about a student, do
it behind closed doors (in a private place), where you know what is said there will be left there.+
(c) Make sure you get permission before showing (or talking to) anyone who is not the parent of the student
about his or her educational data. This applies to biological mothers and fathers (and specific government
officials). You must get permission for anyone else (foster parents, stepparents, grandparents, older
siblings, etc.) to get access to that data.
(d) If you video tape your class, if someone other than the teacher and/or principal will be viewing the tape,
you need to have permission. Get parents to sign photo/video release forms to ensure that their privacy is
protected.
(e) Parents have control over the educational data of students until the students turn eighteen. Once they are
eighteen, they are responsible for their educational decisions.
The Tennessee Commissioner of Education is responsible for releasing state educational data for research purposes. (See
Tennessee Statute 49-1-218.)
I learn that a student in my class has an IEP?
When you learn that a student in your class has an IEP (individualized education plan), it is important to ensure that your
student is receiving an appropriate education. You need to obtain a copy of the IEP from the Exceptional Education
teacher. Read over the IEP and be sure that you are providing the correct accommodations so that the student gets an
appropriate education. If an accommodation is listed that you are not sure how to do, ask for training! It is important to
work with the Exceptional Education teacher, as he or she will most likely either be coming into your classroom to work
with that student or they will be pulling that student out to work with him or her separately. Either way, you must work as
a team. Lastly, keep notes/documentation about how that student is progressing in your classroom. IEPs are reviewed
annually to continuously make sure that the student is receiving the help he or she needs. See Tennessee Statute
49-10-114 and 49-10-603. These two statutes just indicate that students with disabilities are to be given individualized
education plans that fit their needs and that the Tennessee Department of Education will enforce the Individuals with
Disabilities Education Act. (A great resource for information on IDEA can be found at http://idea.ed.gov/explore/home.)

I dont want to be disciplined for my conduct outside of school? What are some exceptions?
(a) Freedom of Expression
Teachers free speech can be cause of discipline if it causes the teacher to seem unfit based on the words
that she or he says in public.
(b) Privacy Rights
As a teacher, if your conduct outside of school is found to have a negative effect on your ability to teach
and be an effective teacher, you could be facing some measure of discipline for your conduct.
(c) Lifestyle Choices
Teachers have the ability to make lifestyle choices for their private lives, UNLESS those choices will
cause a disruption or make the teacher seem unfit to teach in the classroom.\
Bottom line: If your conduct outside of the classroom will raise questions about your ability to teach or your ability to
be effective in the classroom, do not do it. Remember that even though, yes, you are a free American, you are also a
worker of the state of Tennessee. For example, if you are caught driving under the influence, parents of students
could see the long-term effects as a potential danger to your ability to be an effective teacher.
a student is being hazed, bullied, or harassed?
49-6-1016 / 49-6-4503
Tennessee law states that each school district shall adopt a policy prohibiting harassment, intimidation, bullying, or
cyber-bullying. This policy shall include a statement that prohibits such actions, a definition of such actions, a
description of the type of behavior expected from each student, a procedure for reporting such acts which also
includes the ability of a person to report bullying anonymously, prohibiting disciplinary action based solely on an
anonymous report, procedure for prompt investigation of a report, statement of how the district will respond after
bullying has been confirmed, a statement of the consequences of being found bullying, prohibiting retaliation against
anyone who reports bullying and consequences for someone who takes retaliation, consequences for falsely accusing
another of bullying for retaliation, how the policy will be publicized, that the policy also applies for school sponsored
activities. Identification of which school official shall be responsible for implementing the policy, procedure for
discouraging and reporting conduct for a students sexual affairs.
Elementary School Student Handbook
All students will participate in the Olweus bullying prevention program and cyber smart cyber bullying prevention
program, per the Hamilton county bullying prevention program.
Students shall not participate in the act of hazing, harassment, intimidation, bullying, cyber-bullying, or harassment on
or off school grounds.
Definitions - 49-6-4502
Hazing (49-2-120) an act that puts someone else in danger or that encourages someone else to put themselves in
danger. Example: Telling a student that because they are new to school they must jump into the school pond.
Harassment/intimidation/bullying An act that harms or causes a student to think harm will come to them or their
things by another student, as well as, causing another student stress or distress that could get in the way of learning or
feeling that school is a safe place. Example: Repeatedly calling a student hurtful names that makes them no longer
want to come to school.
Cyber-bullying - Bullying that is done using an electronic device such as a computer, phone, cell-phone, text message,
email, or social media website. Example: Posting mean or hurtful things about a student on Facebook for the whole
class to read making the student not one to come to school for fear or teasing and embarrassment.
If a student wants to report being bullied or bullying of another student, they can tell the teacher, school counselor, or
principal. The teacher or school counselor will report the incident to the school principal who will investigate the incident.
No student will be punished based purely off an anonymous report of bullying.
The report of bullying will be investigated within 5 school days of the report.
The student may report bullying anonymously, but the student must tell whomever they are reporting to that they wish to
remain anonymous.

If a student reports a bullying incident, they are not to be treated any differently and no one make seek revenge to try and
get them back for reporting the incident.
If after investigation a student has been found bullying, retaliating against someone who reports bullying, or falsely
reporting bullying in an attempt to get another student in trouble, the following disciplinary process will occur:
Before the initiation of the disciplinary action the student will be informed of why they are being punished, what the
punishment will be, they will be provided a copy of the bullying policy to review the rule that was broken, and an
opportunity to discuss why it happened.
First Offense: Mediation will occur with the bully and the victim. The bully will be required to apologize and express how
they would feel if someone were treating them in the same way. (If the bully retaliates, retaliation will count as a second
offense) The parent will be called informing them of the students behavior.
Second Offense: 3 days in-school suspension. (Days may be revised on a case to case basis depending on the severity of
the incident.)
Third Offense: 3 day out of school suspension. (Days may be revised on a case to case basis depending on the severity of
the incident.)
This policy also applies for school sponsored activities that are on and off school campus.
I am taking my class on a field trip?

Teachers still need to give the proper standard of care (adequate supervision) as they would at school. With this in
mind, because students are at an unknown location, the amount of supervision may need to be increased.

Injuries can be expected to occur more often, as students are in unfamiliar locations. Teachers need to ensure that they
are foreseeing injuries that may occur, doing what they can to minimize the potential for injury, and be ready to act.

Teachers need to speak with students about behavioral expectations.

Teachers need to be sure that they are enough chaperones and if parents come along as chaperones, they should not
be assigned to supervise the most difficult students.

Those parent chaperones need to be informed of what is expected from them on the trip, as well.

Permission slips need to be sent home and signed by parents however, these permission slips cannot excuse teachers
from being held liable or negligent if something happens.

You may charge a fee for the field trip, but the East Lake Handbook specifically states that children cannot be kept
from attending the field trip if they cannot pay the fee. You may use part of your classroom fund to afford the
remainder of the trip, if needed.

Students should understand that all school rules apply on field trips.

They should also understand (and parents need to be told) that if students cannot behave acceptably on field trips, the
parent may need to come pick them up during the field trip or they may not be allowed to attend field trips in the
future.

Any misbehavior that occurs will be dealt with as it would be at school.

Students still need to be afforded the correct due process, as they would be afforded at school.
References
List here, APA style

Essex, N.L. (2009). The 200 most frequently asked legal questions for educators. Thousand Oaks, CA:
Corwin.
Hamilton County Board of Education. (n.d.). In Reconsideration of Instructional Material and
Textbooks. Retrieved August 2, 2014, from
http://www.hcde.org/Download.asp?

L=2&LMID=649112&PN=DocumentUploads&DivisionID=14291&DepartmentID=15620&SubDepartmentID=
&SubP=&Act=Download&T=2&I=68458
Hamilton County Department of Education. (2014). Anti-Bullying. Retrieved August 3, 2014,

from

http://

www.hcde.org/?PN=Pages&SubP=Level1Page&L=2&DivisionID=14285&Depart
mentID=14804&PageID=22143&ToggleSideNav=ShowAll
Hamilton County Department of Education. (2013, July). Code of Acceptable Behavior and
Discipline. Retrieved August 3, 2014, from http://www.hcde.org/Download.asp?
L=2&LMID=628312&PN=DocumentUploads&DivisionID=14531&DepartmentID=15139&SubDepartmentID=
&SubP=&Act=Download&T=1&I=348704
The Oyez Project at IIT Chicago-Kent College of Law. (n.d.). BETHEL SCHOOL DISTRICT
NO. 403 v. FRASER. Retrieved August 2, 2014, from http://www.oyez.org/cases/
1980-1989/1985/1985_84_1667
U.S. Department of Education. (2003, February 7). Guidance on Constitutionally Protected
Prayer in Public Elementary and Secondary Schools. In Law and Guidence. Retrieved August 2, 2014, from
http://www2.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html