The Pros And Cons Of School Discipline Confidentiality Laws – The BlackWell Firm (2023)

There is much debate surrounding the issue of whether or not there should be a law for discipline confidentiality in schools. Some argue that such a law would be beneficial in protecting the privacy of students who have been disciplined, while others contend that it would limit the ability of school officials to effectively address disciplinary issues. Ultimately, the decision of whether or not to enact such a law rests with legislators and school administrators.

The unauthorized disclosure of confidential information places the author in danger or causes embarrassment or pain, and it is considered a breach of confidentiality.

However, if someone confides in you that a child or young person is in trouble, you should consider breaking the confidentiality agreement. The seriousness of these issues can be attributed to being abused at home, bullied in school, or being at risk for self-harm or suicide.

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What exactly is confidentiality in schools? Students and their families are protected from disclosure of their personal information if their information is kept confidential. Schools play a critical role in providing a safe environment for children in which they feel valued and belong.

Do Teachers Have To Keep Things Confidential?

The Pros And Cons Of School Discipline Confidentiality Laws – The BlackWell Firm (1)

There is no definitive answer to this question as it depends on individual school and district policies. However, in general, teachers are expected to maintain a certain level of confidentiality with their students. This means that they should not share sensitive information about a student with anyone outside of the school, unless it is absolutely necessary. If a teacher does need to share confidential information with someone outside of the school, they should first get permission from the student or their parent/guardian.

Students frequently request “confidentiality” from their teachers. Teachers, on the other hand, cannot promise not to pass on information to anyone. Their responsibilities as adults who care for you are the reasons for this. Personal information should not be forced upon you by teachers during lessons. Peer Supporters are also required to follow the confidentiality code. Teachers are not required to share information with your parents, but they will encourage you to seek their assistance and support. In general, if it appears reasonable, the school can inform parents if they wish to do so for all young people aged 14 to 18. In these situations, it is critical that teachers follow the instructions of their superiors.

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It is also critical that a teacher’s right to a fair and impartial investigation is preserved when they are accused of misconduct. There is no such thing as professional misconduct; it can be any action that could harm the teacher’s reputation or interfere with their ability to perform their duties. If you have been accused of a crime against your classroom, you should seek legal advice. You can rely on an attorney to protect your rights and ensure that you receive a fair and impartial investigation.

The Importance Of Confidentiality For Educators

Educators must be kept in the dark for a variety of reasons. In situations where the release of embarrassing personal information may harm children and families, protecting that information from disclosure is especially important. Furthermore, it helps to ensure the family’s safety. Failure to protect and secure confidential information can not only cause the loss of business or clients, but it can also create the risk of damaging sensitive information being abused for criminal purposes, such as identity theft. The key benefit of confidentiality is the development of trust.

Can The Public Schools Discipline Students Over Something They Say Off Campus?

The Pros And Cons Of School Discipline Confidentiality Laws – The BlackWell Firm (2)

Schools cannot punish a student for off-campus speech unless it constitutes material disruption of classwork or is a substantial invasion of someone else’s rights, according to the 8-1 decision. The Supreme Court ruling handed down on Wednesday provides some guidance to schools grappling with their role in the classroom.

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The Supreme Court considers arguments in the case of Mahanoy Area School District v. B.L. A 14-year-old high school cheerleader is charged with failing to qualify for the school’s varsity cheerleading team. On Snapchat, she posted a photo of herself and a friend getting their hands on a bird. Mary Beth Tinker and John Tinker filed an amici curiae brief in the Mahanoy case. They petitioned for students to wear black armbands to school to protest the Vietnam War. Armb bands were banned from school at the time, but they were later reinstated. The petition asserts that schools have the authority to regulate off-campus speech as long as it is directed at the school and the audience is there to support the school. According to New York law, harassment and bullying are defined as “the creation of a hostile environment through the use of actions, threats, intimidation, or abuse.” The case will determine whether a student can be disciplined for engaging in off-campus speech, including on social media. It is expected that a decision will be made shortly.

Can Schools Invade Student Privacy?

Even in a school setting, people have the right to privacy. The right to privacy extends to records, admissions, and operations, for example.

Are schools trampling students’ privacy in the name of safety? Monitoring software can track how students interact with online sites and even their own devices, depending on the type of monitoring software used. Many students are unaware of how invasive some digital safety measures have become. Begin a discussion with your students about how to balance privacy and safety by utilizing this lesson plan. The Thinking Critically About School Surveillance handout can be used by students to record what they see while watching the video. pausing at various times throughout, or screening the video more than once, may assist students in grasping the concepts. If you are logged into Chrome, Google will set third-party cookies based on the play of the YouTube video.

It is the responsibility of schools to follow the FERPA guidelines in order to protect the privacy of students. The guidelines state that no information shall be released without the written permission of the student, that no information shall be released that identifies the student, that no information shall be released that reveals the student’s mental or physical disability, that no information shall be released that reveals the student’s religious Schools are in charge of ensuring that information that is not classified as confidential is kept safe. A student’s written consent is required for schools to release information about his or her disciplinary record. The Family Educational Rights and Privacy Act, or FEPA, is a federal law that governs how education records are protected for students. To ensure the safety of students’ privacy, schools are required to follow the FERPA guidelines. Schools have a legal obligation to protect the privacy of information that is not deemed confidential.

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Does Ferpa Apply To Behavior?

There is no definitive answer to this question as it depends on the specific circumstances and situation in question. However, in general, Ferpa does not apply to behavior per se, but rather to educational records and information that is directly related to a student’s academic performance or progress. Therefore, if behavior is being used as a metric to measure a student’s academic progress or performance, then it is likely that Ferpa would apply.

Ferpa Protects Some, But Not All, Personally Identifiable Information

The Privacy Act of 1974, however, protects a subset of information that is generally considered personally identifiable, regardless of whether it is protected by the Act itself. This protected information includes the student’s name, date of birth, address, phone number, and Identification Number, as well as any additional information that the student may disclose. Similarly, the Privacy Act protects students’ academic records. According to the FERPA Act, school records cannot be shared with anyone other than the student’s school official with whom the student has a legitimate educational interest. A school official has a legitimate educational interest if he or she needs information to conduct an academic program or ensure that a student has an opportunity to attend school. Despite the fact that the FERPA protects student disciplinary records, there is no such thing as a student’s right to privacy. When a student has a legitimate educational interest, the school may disclose his or her disciplinary record to the school’s official.


School Officials Can Release Personally Identifiable Information Without Parental Consent If:

1232g(b)(1)(L) is a number that includes both the letter “b” and the letter “l.” It also added a new exception to the general consent rule of the FERPA, which allows schools to disclose personally identifiable information about students in their educational records without their consent if the disclosure is necessary to enforce a judicial order or comply with a legally binding subpoena.

The school and local authority must treat all parents equally, regardless of whether a court order restricts a parent’s ability to make educational decisions, participate in school life, or receive information about their child. Only when a parent has consent from his or her child or when the child is unable to act on his or her own behalf are parents given access to the child’s personal information. Although the child is still a minor, their personal information is still being held. Parents have the right to know if their information is being held about them and whether that information is inaccurate.

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Schools May Release Information From A Student’s Education Record Without Consent

A student’s education record may be released without the student’s consent to the following parties or under the following conditions: school officials who have a legitimate educational interest. If a student wishes to transfer, they must attend a different school. A list of specific officials who are in charge of auditing or evaluating.
Before releasing directory information such as a student’s name, address, phone number, and dates of attendance, a school must obtain written permission from the student. Other information in a student’s education record may be released without the student’s consent only when there is an emergency and the student’s health or safety is jeopardized.

FAQs

Is school suspension an effective punishment? ›

Despite the widespread use of suspensions, however, a growing body of research shows that not only is removing students from classes not effective, but down the road, it can cause bigger problems for students, schools and the community.

Can a public school refuse to enroll a student in Georgia? ›

A student shall not be denied enrollment into an LEA if the student meets residency qualifications and otherwise would not be denied enrollment under O.C.G.A. § 20-2-751.1 and O.C.G.A. § 20-2-751.2 concerning student expulsion.

Can recess be taken away in Colorado? ›

Classroom physical activity breaks are required for elementary school students. The state prohibits the use of withholding physical activity, including recess, as punishment for disciplinary reasons. It does not prohibit the use of physical activity as punishment for inappropriate behavior.

What are pros and cons list? ›

Pros and cons list is a simple but powerful decision-making tool used to help understand both sides of an argument. Pros are listed as arguments in favor of making a particular decision or action. Cons are arguments against it.

What are pros and cons pros? ›

the pros and cons of something are its advantages and disadvantages, which you consider carefully so that you can make a sensible decision.

What is the longest school can suspend you? ›

Time Limits

A student cannot be kept from school for more than 10 school days without a formal due process hearing before the school board. If the school board is not scheduled to meet before the student has been out of school for 10 school days, it must hold an emergency meeting for the expulsion hearing.

How long can you suspend a child from school? ›

an initial suspension must not exceed five days. the Principal cannot extend a period of suspension without the previous approval of the Chair of the Board of Governors. your child can only be suspended for a maximum of 45 school days in any one school year.

Can a school hold a child back without parental consent? ›

All schools, except independent and non-maintained special schools, have clear legal authority to detain pupils without the consent of the parent. There is no risk of a legal action for false imprisonment if a pupil is kept at school after the session without parental consent.

What is a student who stays away from school without permission called? ›

A truant is a pupil who stays away from school without permission.

Can I take legal action against a school? ›

If you or your child has been discriminated against by a school, college or university, you may be able to take action against them under the Act. For example, you can make a complaint or you can make a discrimination claim in court.

How many days can you skip school in Colorado? ›

Colorado School Attendance Law requires that students miss no more than 10 school days per year, excused or unexcused. In the event that a student has missed 10 or more days of school, he/she will be placed on an attendance contract requiring that they do not miss any more days without a note from a doctor.

How many days can a child miss school in Colorado? ›

4.02 (1) A student shall be reported as a Habitually Truant student, if at any time during the Reported School Year, their Unexcused Absences from public school equals or exceeds ten total days. 4.03 Days Suspended/ Expelled.

Can my child go to a school out of district in Colorado? ›

The Public Schools of Choice law allows resident pupils to enroll at schools in Colorado districts for which they are not zoned. Also referred to as Open Enrollment (PDF). Check with your local school district for specific information. See the Education Directory or Colorado District and BOCES Web Sites.

What is pros vs cons short for? ›

pros and cons. Arguments or considerations for and against something, as in We'd best weigh all the pros and cons before we decide to add a new wing to the library. This idiom is taken from the Latin pro for “for” and con for “against.” [

Why are pros and cons important? ›

The pros and cons list highlights the advantages and disadvantages associated with decisions. It sheds light on both possible good and bad outcomes of a decision. The pros and cons list helps us analyze and then decide whether to take the decision or not.

On what grounds can a child be expelled from school? ›

Expulsion for first offence

A serious threat of violence against another student or member of staff. A serious act of violence or serious physical assault. Supplying drugs to others in or out of school. Sexual assault.

Can expelled students come back? ›

The district Board of Education must adopt local rules and regulations that establish a procedure for processing requests for readmitting expelled students. However, readmission is not automatic. Your school district must determine that your child can be readmitted to the school district.

What is the 15 minute rule school? ›

Photo by Ava Anderson. According to the Franklin High School Student Handbook and Climate Guide, “Students must remain in class during the first 15 minutes and the last 15 minutes of each period. Hall passes are not permitted during this time.” This rule is commonly known as the 15 Minute Rule.

Can a school refuse to take a child on a trip? ›

Your headteacher can decide when to refuse to take a pupil on a school trip, or to only let them take part in certain bits of it. However, you must make sure you avoid discrimination.

Can a child with ADHD be expelled from school? ›

When a child's behavior is related to their disability, the school is not allowed to expel them. The law says that one way that behavior will be determined to be related to disability is if the school has failed to implement the IEP appropriately in a way that's related to the behavior.

Can a 14 year old pick up a child from school? ›

It's legal for someone under 16 to collect a child from school, according to a representative from the NSPCC. However, you can set age limits, for example for older siblings collecting pupils.

What are the negative effects of discipline? ›

Corporal punishment is linked to a range of negative outcomes for children across countries and cultures, including physical and mental ill-health, impaired cognitive and socio-emotional development, poor educational outcomes, increased aggression and perpetration of violence.

What are the problems of discipline in school? ›

Schools with disciplinary issues can experience problems with bullying, classroom disturbance, and truancy. The sense of security that comes from having a stable school environment with few behavioral problems and little or no concern about student or teacher safety is conducive to student learning.

Can your parents decide if you get held back? ›

Yes, a school can retain or promote a student without parent or guardian approval. However, the district PPR policy approved by the district's school board must provide an appeal process for parents who disagree with a principal's promotion or retention decision for their student.

Can parents sit in a classroom? ›

A parent's right to observe his or her child during the school day is supported by federal law. This applies to all students, in regular and special education alike.

Can a teacher restrain a child? ›

Use of reasonable force. School staff can use reasonable force to either control or restrain pupils. Under Section 93 Education and Inspections Act 2006, all members of school staff have a legal power to use reasonable force.

What is it called when a student is kicked out of school? ›

Expulsion, also known as dismissal, withdrawal, or permanent exclusion (British English), is the permanent removal or banning of a student from a school, school district, college or university due to persistent violation of that institution's rules, or in extreme cases, for a single offense of marked severity.

What are two rights of students? ›

A student shall have the right to participate in a free exchange of ideas, and there shall be no University rule or administrative rule that in any way abridges the rights of freedom of speech, expression, petition and peaceful assembly as set forth in the U.S. Constitution.

What is school insubordination? ›

"'A constant or continuing intentional refusal to obey a direct or implied order, reasonable in nature, and given by and with proper authority.

Can you report a school for unfair treatment? ›

If you're still not happy, you can make a formal complaint. All state schools should have a complaints procedure - ask the school for a copy or check on their website. You'll usually need to email or write a letter to the headteacher and to the governing body telling them you're making a formal complaint.

What to do when a teacher is unfair to your child? ›

If you suspect the teacher is taking her frustrations out on your child, especially after you speak to the principal, that's the time to make it clear to the principal, firmly and calmly, that you're not going away. As a last resort, request a change of classroom.

What is considered teacher misconduct? ›

Deliberate falsification of documentation. Criminal conduct. Breaches of the school's equal opportunities including racial and sexual discrimination/harassment. Failure to uphold public trust and maintain high standards of ethics and behaviour within and outside school.

What age can you drop out of school in Colorado? ›

Required school age

If all of the below 5 conditions are met, your child may be able to drop out of school before age 17: Passed 9th grade or is 15 years old. Your permission to leave school. Approval from the principal for a "suitable" work or study program.

Is school mandatory in Colorado? ›

Colorado law requires that every child who is 6 years old on or before August 1 of the current school year, and under the age of 17, must attend school.

How often can I skip school? ›

Truancy means absent from school without permission, and California defines a student as being truant if he or she has any combination of the following: Three unexcused absences. Three unexcused tardies. Three absences exceeding thirty minutes.

Can you skip kindergarten in Colorado? ›

While kindergarten is not mandatory in Colorado, the vast majority of 5-year-olds typically attend.

What is educational neglect in Colorado? ›

Educational neglect involves the failure of a parent or caregiver to enroll a child of mandatory school age in school or to provide appropriate homeschooling or needed special education training.

Is it a legal requirement for a child to attend school? ›

Children must legally be in education between the school term after their 5th birthday and the last Friday in June in the school year they turn 16. The Education and Skills Act 2008 increased the minimum age at which young people in England can leave learning.

What age can a child leave school without being signed out by a parent Colorado? ›

Colorado's Legal Dropout Age

Students in Colorado may drop out of school as soon as they turn 17. Unlike some other states with legal dropout ages below 18, Colorado doesn't make 17-year-olds get their parents' permission before leaving school.

Can I leave Colorado with my child? ›

If there is no divorce or custody case pending it is not “illegal” to move with your children. However, for the 6 months following your departure Colorado will still maintain jurisdiction over your children for “parental responsibility” (child custody) purposes.

Can a non custodial parent enroll a child in school in Colorado? ›

Generally, the children should attend school in the district where the custodial parent resides. However, if the children are living with the non-custodial parent, the children should be able to enroll in school in the non-custodial parent's school district.

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