Week_5_Case_Studies_Chapter_7_8_9_10

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Battery Creek High *

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735

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Law

Date

May 11, 2024

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Kirsten A. Nash 07/20/2018 Chapters 7,8,9,10 Chapter 7, “Liability and Student Records.” pg. 201 Subtitle: Student Records and Breach of Confidentiality Jamie Price, a teacher in an affluent high school in the mid-South, reviewed the educational records of one of her students and discovered some very confidential information that she shared with another teacher during their break in the teacher’s lounge. Because the other teacher had not personally accessed the information, she felt comfortable sharing this information with another colleague. Discussion Questions 1. Is there a risk in sharing confidential student information with a colleague? Why or why not? There is an issue with sharing confidential information with a colleague when they do not necessarily need to know that information. Typically counselors have access to confidential information and may need to share in case of potential dangers. As a teacher who needs to know confidential information about a student in order to better assist them, this information should not be shared with other teachers as a topic of discussion in the teacher’s lounge or anywhere else. 2. What legal options might the student exercise in this situation, and under what circumstances might these options be pursued? According to the text, slander is a form of oral defamation in which sensitive and confidential information about a student is shared with another person who does not have a need for that information. Due to this confidential information being shared with an individual who did not need access to that information, the student and parents could sue the school for defamation. 3. What is Price’s defense if challenges about her divulging this information arise?

Price could say that she was sharing that information with this other teacher in hopes of finding ways to improve the educational opportunities for this student in case the other teacher also teaches that student. When it comes to confidential information, it is only shared at a time in which the goal is to find a way to assist the student educationally. 4. How might the courts rule in this case if a legal challenge arises? The courts may rule in favor of Price if she presents that her goal was to share this information with the fellow teacher in order to assist the student in improving their educational abilities. If it is found that the information was shared in a joking manner and not for the educational improvement of the student, then the court will not rule in the favor of the school and Price. 5. What factors might influence this ruling? Factors that may influence the ruling include: why the information was shared by Price, in what manner was it shared (jokingly, concern), was the second teacher actually a teacher who teaches the student, and why was it shared with the third teacher. 6. What advice would you provide for teachers regarding sharing confidential information to a second or third party? I would advise teachers not to disclose confidential information about students at all. I suggest that any confidential information goes through the guidance office or an administrator to prevent the wrong information being shared and the manner in which it is shared. Sometimes as an individual, you may have good intentions and want to assist, but others may not be the same and use the information to do harm instead. Chapter 8, “Teacher Freedoms” pg. 221 Subtitle: Use of Facebook by a Teacher You are an elementary school principal in a conservative community in the “Bible Belt.” A group of parents meets with you to inform you that one of your most effective tenured teachers can be seen on Facebook wearing a revealing dress and holding a beer in one hand and wine in the other. The inscription under her picture reads—“I am a bad bitch.” The parents want something done, as they do not feel

that her behavior reflects the values of the school and that she is a poor role model for students. Discussion Questions 1.How do you react to their concerns? I would speak to the teacher about professionalism and the expectations that we have for our teachers while in school and how they are role models. Therefore this is a role in which you are never freed from as long as you are employed which is why she needs to be mindful of what she post because there could be consequences. 2. What action, if any, should be taken? I would ask the teacher to remove the post that they have that could be deemed inappropriate. They would also be suspended as outlined in the district policy if that is the consequence associated, or a warning if that is the consequence. 3. Do you have adequate grounds to initiate disciplinary action against the teacher? I do not believe that I would have adequate grounds without prove being presented. However, based on the concerns of parents being presented, the board may deem it adequate. 4. What is the probable solution in this case? A probable solution in this case would be for the teacher to delete the post and make her page private. I would advise her not to post those types of statuses, but if she feels that this is something she can not refrain from then she may need to reconsider social media or being publicly accessible to parents and students. 5. Write a draft policy that addresses teachers’ use of Facebook. Teachers, staff, and administrators we ask that you remain mindful of the information that you display on social media sites. Please refrain from posting any derogatory post, images, or memes that could cause questioning of your character and position as a role model. Be sure not to add students as friends on your personal page. Chapter 8, “Teacher Freedoms” pg. 221 Subtitle: Caught in an Awkward Situation

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