Tech Facilitators Training

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Ali Tomberlin, General Counsel

May 24, 2012

DISCLAIMER

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The information provided herein is not, nor is it intended to be, legal advice. You should consult the school attorney’s office for advice regarding a particular situation.

Today’s Topics

• A Teacher’s Legal Duties
• Reporting Duties
• Employee Intellectual Property Rights
• Acceptable Use Policies
• Social Networking
• Copyright Issues

A Teacher’s Legal Duties

Your legal duties come from several places…

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1. Federal and State Laws
2. State Board Policy & NC Administrative Code
3. Court Decisions
4. WS/FCS Board Policy and Administrative Regulation

Statutory Duties

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Duties of Teachers (N.C.G.S. 115C-307)

• Maintain Order and Discipline
• Provide for Well-Being of Students
• Provide Some Medical Care to Students
• Teach Students
• Enter into Superintendent’s Plans for Professional Growth
• Discourage Student Non-Attendance

Statutory Duties

Statutory Duties

Duties of Teachers (N.C.G.S. 115C-307)

• Make Required Reports

- as directed by Board, Superintendent or Administrator

- False Report – guilty of Class 1 misdemeanor, license shall be revoked

• Take Care of School Building

Duties found in the Administrative Code and State Board of �Education Policies

I. Commitment to Students

• Protect them from conditions affecting learning or detrimental to their health
• Maintain appropriate relationships

- No sexual/romantic relationships

- No touching to cause harm or out of anger/retaliation

• Grade based upon competency and performance

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I. Commitment to Students

• Discipline fairly w/o embarrassment or humiliation
• Keep student information confidential
• Family Educational Rights and Privacy Act (FERPA)
• Failure may result in loss of federal funds
• Do not accept gifts that may influence or appear to influence your decisions/actions

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II. Commitment to School & WS/FCS

• Make classroom conducive to learning
• Acknowledge diverse views of students, parents, guardians & colleagues
• Fulfill your contract and its duties
• Participate in professional decision making processes, and support colleague expressions/opinions/judgments

III. Commitment to the Profession

• Provide accurate credentials and information regarding licensure and employment

- Misrepresentation will result in adverse employment action, up to dismissal

• Take action to remedy an observed violation of the Code of Ethics
• Pursue growth and development; improve educational opportunities, expertise & performance of students and colleagues

IV. Standards of Professional Conduct

• Demonstrate high standard of professional character & conduct
• Be honest
• No solicitation of students & employees
• Do not tutor, for payment, any student in your class - policy 4134 allows tutoring for compensation of other students

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IV. Standards of Professional Conduct

• Treat all students with respect:
• DO NOT use profanity toward students
• DO NOT engage in child abuse
• Do not create, maintain or knowingly appear on a pornographic website in an “obscene, immoral, indecent, naked, lewd, lascivious and/or pornographic manner.”
• Do not solicit participants for obscene, immoral, indecent, pornographic, vulgar or sexually offensive acts.

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IV. Standards of Professional Conduct

• Avoid the appearance of inpropriety or “grooming.”
• Don’t allow yourself to become friends with your students.
• Don’t hug and kiss students.
• Don’t talk to students about their boyfriends/girlfriends/sexuality.

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IV. Standards of Professional Conduct

• Keep student information in confidence
• Do not violate civil/constitutional rights of student, parent or colleague
• Make all reports required by law (including those required by the Board of Education)
• Do not be under the influence of alcohol/drugs at school or school sponsored activity
• Do not provide drugs/alcohol to students, except medications as allowed by policy 5141

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IV. Standards of Professional Conduct

• Do not commit felonies (or other criminal offenses)
• Do not misuse public funds/property

IV. Standards of Professional Conduct

WS/FCS expands the rules to all employees, licensed or otherwise.�

What happens if I don’t �follow the rules?

• Verbal Warning
• Written Warning/Reprimand
• Suspension Without Pay
• Transfer
• Demotion
• Dismissal
• Reasonable Suspicion Drug Test
• Referral to Anger Management
• Suspension of License
• Revocation of License
• Arrest
• Incarceration

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Examples of conduct that will justify an appropriate personnel action include:�

Past Personnel Discipline Decisions

Reporting Misconduct

Things Employees Must Report:

1. Your own criminal offenses (except minor traffic offenses unless your job responsibilities include driving for the WS/FCS)

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“Teachers, school administrators and all other employees are required to report any criminal arrests, charges, convictions, guilty pleas, pleas of no contest, prayers for judgment continued or deferred prosecutions to their supervisor or a human resources department representative within five (5) calendar days of so receiving.” Policy 4116.10

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Things Employees Must Report:

2. Criminal offenses of others

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• If you believe someone has committed a crime on your school property, you should inform your Principal or supervisor.
• If you believe it was your Principal/supervisor who committed the crime, you should inform your Assistant Superintendent or the School Attorney’s Office.
• If someone is in immediate danger, call 911.

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Things Employees Must Report:

3. Sexual harassment, discrimination and bullying of students or employees
• Policy 4116.5 (Sexual Harassment)
• Policy 5131.1 (Harassment, Bullying and Discrimination)

Prohibited Relationships – AR 4116.5

All employees are PROHIBITED from dating, courting or entering into or grooming for a romantic or sexual relationship with any student who is enrolled in a Winston-Salem/Forsyth County School, regardless of the student's age.

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Reporting a Prohibited Relationship

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• An employee who believes a student has been subjected to sexual harassment by another employee or by a student should report their suspicions to the school administrator for further investigation.

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• Do not take it upon yourself to investigate.

Reporting a Prohibited Relationship

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Any employee who has reason to believe another employee is inappropriately involved with a student SHALL report this information to the principal, assistant principal, attorney’s office, Human Resources Department, or anyone in a supervisory position as soon as possible.

Reporting a Prohibited Relationship

An employee who fails to inform, as soon as possible, the principal or assistant principal, supervisor or Human Resources department of a reported or possible inappropriate relationship between an employee and a student may be subject to disciplinary action, up to and including dismissal.

Excuses employees use not to report suspected relationships:�

“I don’t know for sure something is going on.”

“The student begged me not to tell.”

“They’re both adults, so it is okay.”

“I don’t want to get anyone in trouble if I’m wrong.”

“It is none of my business.”

Ask yourself…

• If something really did happen and there is an article in the paper, will my name appear in the story? If so, how?

Intellectual Property�(Who owns my work product?)

Public Records Law

• North Carolina Gen. Stat. 132-1

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“Public record” or “public records” shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes … artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government….

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Public Records Law

• North Carolina Gen. Stat. 132-1

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The public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people.

Public Records Law

• A school system is an agency of NC government
• We are transacting public business by educating children
• The products you create while working for WS/FCS are a matter of public record
• You do not have a proprietary right to products you create in the performance of your duties

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Public Records Law

• UNLESS…
• You get your work product copyrighted
• You are working under a contract that gives you a proprietary right to your work product
• Your work product includes confidential student information – everything except the student information is a public record

What if I have two jobs?

Avoid Conflicts of Interest�(Policy 8250)

1. An employee shall not use, for personal gain, any school facilities, supplies, equipment, or student labor (during school hours) in the manufacture, creation, or repair of any goods, wares, or merchandise for sale or for the providing of services to the general public. 

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• An employee shall not use school facilities, supplies, and/or equipment to make or repair anything for his or her personal use except when the employee supplies the materials or repair parts and the work is done as a part of the curriculum of instruction.  This provision applies only to the normal school day.  With the prior permission of the principal or supervisor, an employee may work on personal projects after school hours so long as he or she supplies the materials or repair parts.

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3. Participation by an employee in an activity for compensation if it is likely to be conducted during the individual's normal School System business hours is a conflict of interest.

Acceptable Use of Internet and Websites� (Administrative Regulation 6161.1)

1. Employees should not use school email or website to publish or send information for outside organizations except school-related organizations such as: employee organizations, PTA/PTSA and official school business partners.

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2. Employees should not use network time and resources excessively.

Acceptable Use of Notebook/Laptop �Computers Outside of School� (Administrative Regulation 6161.6)

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An employee may not borrow or use a notebook/laptop computer for personal financial gain such as: to develop software or write programs to be sold by the employee for his or her personal gain.

Acceptable Use Policies

Acceptable Use of Internet and Websites�(Policy 6161.1)

Any use of computer technology in furtherance of an employee’s duties and responsibilities to the school district is subject to WS/FCS policies and regulations whether the use occurs at school, off campus or at home, or during or after normal work hours.

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Acceptable Use of Internet and Websites�(Policy 6161.1)

General Principles

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• The same ethical rules we have already covered apply to Internet use
• Use is restricted to "authorized users”  (a school system employee or student who has been assigned a login ID and password by the school system)
• Users must protect their login IDs and passwords
• Users must report any activities that violate Board policies

Acceptable Use of Internet and Websites�(Policy 6161.1)

Access to Inappropriate Information

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• The WS/FCS will make a good faith effort to control access to obscene, indecent, pornographic and other sexually offensive information through the use of filtering software
• We can’t control everything
• Access to Internet will be withdrawn for users who do not respect the rights of others or who do not follow the rules and regulations established by their school and/or Winston-Salem/Forsyth County Schools for the use of the Internet

Acceptable Use of Internet and Websites�(Policy 6161.1)

Notice to Students and Parents 

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• Students in the WS/FCS may use the Internet in a supervised school environment after
• Receiving instruction in the proper use of Internet, and
• Their parents or guardians have been be notified in writing of the WS/FCS Policy and Regulations for the use of the Internet.

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• A student shall not be allowed on the Internet if his/her parent objects in writing.

Acceptable Use of Internet and Websites�(Policy 6161.1)

Website Content Shall:

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• Support, supplement and enhance the Winston-Salem/Forsyth County Schools' Mission, local curriculum, and the North Carolina Standard Course of Study.
• Provide students with educational experiences that will enable them to become academically proficient students, responsible citizens, productive workers, and lifelong learners in a rapidly changing world.
• Enhance learning opportunities by focusing on the acquisition, interpretation, and application of information via the Internet.
• Be current and up-to-date.

Acceptable Use of Internet and Websites�(Policy 6161.1)

Student Websites

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• Before placing any information on a WS/FCS student website, teacher must edit for spelling, grammar, and to ensure content does not violate law or policy.
• Only the teacher or webmaster may publish information on a student’s website.
• A student shall not be allowed to change the content of his/her website without the teacher’s approval of the content change.
• If a student disagrees with a teacher’s decision not to allow the publication of the student’s work on WS/FCS website, there is an appeal process.
• A student shall not link his/her school website to any other website without the prior approval of WS/FCS, a school’s webmaster or the student’s teacher.
• In the event a student violates WS/FCS’s standards and policies for the use of the Internet, the student may be disciplined and Internet privileges may be revoked.
• A student’s website shall be deleted by the student’s teacher when the student is no longer a student in the teacher’s class or the project for which the website was created is completed.
• In general, a student’s website shall be deleted at the end of the school year unless there is a legitimate pedagogical reason for maintaining the website as determined by the student’s teacher, school’s webmaster or principal.

Acceptable Use of Internet and Websites�(Policy 6161.1)

Internet users should not:

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• Break any laws or do bad things we all know about
• Publish information that you know to be false that damages another person’s character, good name or reputation in the community
• Advertise commercial products or services on official school sites except for approved fund raising projects or advertising allowed by Board policy
• Publish or send information for partisan political campaigning or activities
• Publish or send information for charitable contributions except as allowed by Board policy
• Publish or send information promoting religious organizations
• Publish or send information for outside organizations except school-related organizations such as: employee organizations, PTA/PTSA and official school business partners
• Use another person's ID and/or password without permission
• Use network time and resources excessively

Acceptable Use of Internet and Websites�(Policy 6161.1)

• Post personal or private information about yourself or other students or staff members on the Internet or a website, except “directory information” such as the student’s name, age, height, weight, grade in school, honors, awards, activities, photograph, field(s) of study, school and graduation status (unless the student or the student’s parent object).
• Publish a staff member’s home address and/or home e-mail address without obtaining the prior written or electronic permission of the staff member.
• This directory information may be published in a school or teacher’s website controlled by a “participants” list that limits access to the site to the members of a particular class or group of students or staff members. Lists of “participants” shall not be available to the public.

Other expectations regarding Internet use…

• Be polite and respectful of others.
• Use appropriate language.
• Proofread and edit before you post!
• Remember that electronic mail (e-mail) is not guaranteed to be private!
• Do not read someone else's electronic mail without their permission (unless directed to do so by the School Attorney’s Office).

Internet Crimes

• If you commit a crime on the Internet from your own computer at home, you can still lose your job.
• Crimes include:
• the unlawful use of computer technologies, such as the internet and email, under federal or state law
• the production or dissemination of obscenity or pornography
• unlawfully threatening bodily injury
• Stalking or harassing another person

Non-criminal Internet use can get students and employees in trouble…

• School boards may punish a student’s off campus internet speech or conduct or other electronic communications which materially and substantially disrupt the school environment.

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• School boards may punish an employee’s off campus internet speech or conduct or other electronic communications when the speech is about the employee’s work, and not a matter of public concern.

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Social Networking & Texting �(Policy 4116.10)

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1. The Board of Education believes extremely limited reasons exist for teachers, school administrators and all other employees to text message individual students on their personal cell phones or to communicate and/or be friends with students on personally administered pages of social networking sites, including but not limited to MySpace.com and Facebook.com.

Social Networking �(Policy 4116.10)

2. The Board of Education finds numerous preferred mediums of communication exist for teachers, school administrators and all other employees to communicate with students rather than the use of texting or social networking sites; and

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• The Board of Education finds communication between employees and students should be appropriate in nature and comport with WS/FCS policies and the standards of proper communication between a professional and a student.

Social Networking �(Policy 4116.10)

This Policy strongly recommends teachers, school administrators and all other employees not communicate directly with individual students via text message or list WS/FCS students as “Friends” on personally administered pages of social networking sites.

Social Networking �(Policy 4116.10)

• An employee may be part of a social networking site “group” in which WS/FCS students are also members.
• An employee may send or post messages to such social networking site groups.
• An employee may use social networking sites as educational tools.
• An employee may text high school students using group texting websites with parent permission. (AR 1111)

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School Attorney’s Office

• Ali Tomberlin, General Counsel
• actomberlin@wsfcs.k12.nc.us
• Charlie McCurry, Assistant Attorney
• cbmccurry@wsfcs.k12.nc.us
• (336)727-2509

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