Heath Education: Legal Aspects The Commission for Teacher Preparation and Licensing shall privately admonish, publicly reprove, revoke or suspend a credential.

Heath Education: Legal Aspects

The Commission for Teacher Preparation and Licensing shall privately admonish, publicly reprove, revoke or suspend a credential for immoral or unprofessional conduct, for persistent defiance and refusal to obey, the laws regulating the duties of persons serving in the public school system (Education Code 44421).

BY Former students 411b

Duties as Certified Employees

• Teachers must protect the health and safety of students.

• Follow school board policies and address lessons carefully.

• Obtain Written Approval before addressing students in “sensitive or controversial topics.”

• In Loco Parentis...

Safe School Checklist Comprehensive School Safety

Plan Discipline Policies and Practices Funding Professional Development

Activities Counseling and Guidance

Services Collaborative Relationships Safe School Programs and

Strategies

Field Trips• A school field trip is an

extension of the classroom experience.

• Secure parental permission slips.

• Cannot be mandatory.• Inadequate supervision is

one of the most common charges against teachers in a lawsuit.

Setting

What Should You Do?

• A. Stop the kid from participating in the field trip and have him/her return to regular classes.

• B. Let him/her on the bus but make them promise to get parent’s consent after the field trip.

• C. Let the student use your cell phone to call his/her parent or legal guardian for verbal permission.

Correct Answer

A. Stop the kid from participating in the field trip and have him/her return to regular classes.

Why?

Food Sales, Nutrition, and Obesity Prevention

Arnold Shwarzeneggar chooses you…to eat healthy.

“Vending machines in school should be filled with fresh fruits, vegetables and milk”

Senator Escutia bans soft drinks in 2006

Laws for High School Students

No laws to include High School students

Are they mature enough to make proper nutrition decisions?

July 1st, 2007 EC 49431

What can teachers do?

Do not reward students with candy or otherpoor nutritional foods!

Encourage healthy food choices And exercising.

Setting

What Should You Do?

A. Buy Candy to help support his/her cause.B. Stop the sale of candy and tell the student

to resume sales 30 minutes after school.C. Steal the candy and sell for personal

profit.D. Tell him/her that they can only sell candy

off school premises.

Correct AnswerB. Stop the sale of candy and tell the

student to resume sales 30 minutes after school.

Why? -California Education Code 49431.2

Violence and Bullying in School

Types of Bullying

• Verbal Bullying– teasing/taunting– threatening to cause harm

• Social Bullying– spreading rumors– public embarrassment

• Physical Bullying– hitting/kicking/punching– tripping/pushing (www. stopbullying.gov)

Bullying as Discriminatory Harassment

• Federal law prohibits discriminatory harassment on the basis of a students:– Race– Color – National Origin– Sex– Disability – Religion

Who is at Risk?LGBT Youth:• Title IX and Title IV protect

all students, including LGBT from sex-based harassment.

• It is sex discrimination to harass someone on the basis of their sexual orientation

Youth with Special Needs:• Section 504 of the

Rehabilitation Act of 1973• Title II and III of the Americans

with Disabilities Act of 1990• Individuals with Disabilities

Education Act (IDEA)

State Anti-Bullying Law & Policy

• Protected Classes in California: – Disability– Gender– Nationality– Race or

ethnicity– Religion– Sexual

orientation

Cyberbullying

• Takes place using electronic technology

• Can happen 24/7• Deleting offensive material is

difficult• 16% of high school students were

electronically bullied in the past year.

Effects of Cyberbullying

• Victims more likely to:– Use alcohol and drugs– Skip school– Experience in-person

bullying– Receive poor grades– Have lower self esteem– Have health problems

Violence as a Public Health Problem:Who is at Risk?

• Prior history of violence• Drug, alcohol, or tobacco

use• Association with delinquent

peers• Poor family functioning• Poor grades in school• Poverty in the community

(CDC Violence Prevention)

Violence Prevention

• Report signs of weapons, or gang activity to principal

• Set expectations for appropriate behavior

• Discuss violence, teach conflict resolution and anger management skills

• Should an incident arise, implement school’s emergency “school safety” procedure (UNICEF)

Breaking Up Fights: Basic Techniques

• Never ignore aggression• Go to the scene of the violence• Check if weapons are present• Tell students to stop what they

are doing• Never get between students

who are fighting (liability) • After the incident, document

what transpired (NEA)

Setting

What Should You Do?A. Approach the conflict and tell the

students to stop immediately.B. Defer to school policy and do what is

expected of you.C. Yell, “Fight, Fight, Fight”D. Physically intervene, it is the law.E. Be a silent by-stander and document

everything that has transpired.

Correct Answer

Why?Teacher’s Responsibilities:• The law does not address whether teachers should

intervene in student fights.• The local school district should develop policies

addressing its expectations of staff members in such situations.

• Teachers should defer to school policy to avoid liability.

A and B.

Statutory Rape“Statutory Rape is prohibition of any sexual intercourse between adults and minors.”

Worldwide Ages of Consentage of con·sent NounThis is the age at which an individual can legally consent to sexual intercourse under any circumstances (Merriam-Webster Dictionary).

Age of consentMinimum age of victim

Age differentialMinimum age of defendant in order to prosecute

Setting

What Should You Do?A. Inform the student’s parents.B. Call the police and file a written report.C. Nothing

Statutory Rape is Child Abuse!

Correct AnswerB. Call the police and file a written report.

Why?:CA Penal Code 11165.9and 11166

Child Abuse and Neglect

Quick Facts• Definition: Any non-accidental act of commission or omission

that endangers a child’s physical, mental, or emotional well-being.

• Estimated 3 million children abused or neglected.• 1986: Corporal Punishment Outlawed in California Public

Schools.

Source: www.childhelp.org

Reasons For Child Abuse?

• Parent Abused as Child• Unrealistic Expectations• Parental Stress• Social Isolation• Delay in Maternal Infant

Bonding• Over Punishment

Signs and Symptoms

Setting

What Should You Do?• A. Ask the child more questions.• B. Call the parents to discuss the child’s

injuries.• C. Tell another teacher about the child’s

potential abuse.• D. Report the abuse immediately in writing

and contact the proper authorities in accordance with school district policy.

Mandatory ReportingD. Report the abuse immediately in writing and

contact the proper authorities in accordance with school district policy.

Why?• California Penal Code 11166: Teachers are required to

report suspected child abuse immediately and in writing within 36 hours after given information about suspected child abuse.

• Possible Punishments: 6 months of jail, $1000 fine, criminal prosecution and revocation of the teaching credential.

When in doubt, REPORT!

Common Health Issues

Epilepsy, Diabetes, and ADHD

Epilepsy• Epilepsy is a seizure disorder• Seizures may manifest as

convulsions, fainting spells, episodes of blank staring or non-responsive episodes

• Typified by uncontrollable body movements

• Teachers need to be notified by nursing staff or parents (Matza, 397)– Safety and avoidance

embarrassment a priority

• CA requires the inclusion of specific triggers in the student health plan or the individual health plan

– Section 49414.7 of the Education Code mandates that injections should be given by the school nurse or licensed vocational nurse.

– Law allows for other employees to be trained

• (CA Educational Code 49414.7)

Diabetes• Diabetes is where the body does not use or

produce insulin– Associated with environmental and

behavioral factors

• Two Types:– Type 1: No insulin production– Type 2: Inadequate insulin production– Excessive eating, urination, weight loss, etc…

• Students will need to monitor blood sugar and need to be in contact with nurses for education

– Teachers need to be observant of behavior or physical changes (Matza, 395)

• Only licensed personnel can monitor and give injection (http://www.cde.ca.gov/ls/he/hn/medication.asp)

ADHD• Attention Deficit Hyperactivity Disorder, is a

neurobiological disorder that limits the ability to suppress inappropriate actions and thoughts, memory recall, and planning

• Manifests differently in males and females – Males tend to be more hyperactive while females

tend to be inattentive– Symptoms can change during puberty, due to

hormonal changes in the brain

• Accommodations with an Individualized Education Plan (IEP), or 504 plan outlining specific accommodations. Here are a few:– Additional tutoring– Additional time on exams or homework– Distraction free environment

• Dispensation of medications by nurses or licensed staff (http://www.cde.ca.gov/ls/he/hn/medication.asp)

Additional Resources• The NIMH has excellent materials and brochures on ADHD. Due to the abuse of

ADHD medications in our student populations, I highly recommend familiarizing yourself with this disorder. In addition there’s been a rise in cases, so you’re very likely to have an ADHD student in your classroom.

• The Atlantic Wire recently ran a story title “Its different for girls with ADHD” that goes more in depth on recent research and experiences of females with ADHD.

• IDEA was a landmark legislation that opened the doors for many individuals with disabilities to gain access to the public education system. If you go on the ED.gov website you can find helpful materials to help you navigate and implement the these regulations in your classroom

• Finally, I highly recommend familiarizing yourself with the Special Education section on the CA Dept of Education website. These health conditions and their accommodations are covered in detail on the website, its also a good place to start your research for most of your credential classes.

Setting

What Should You Do?• A. Offer to administer insulin to the student.• B. Call the nurse and send the student

immediately to the nurse’s office.• C. Tell the student to lay down in the corner

and off him/her a sugary granola bar.

Correct AnswerB. Call the School Nurse and send the student

immediately to the nurse’s office. Why?• EDUCATION CODE SECTION 49422-49427 /49423.5

– States that only qualified persons who possess an appropriate credential or qualified designated school personnel can administer medication

• Basically only nurses– Finally, because the student may be in medical distress only a qualified

professional per the education code can administer any assistance the student may need

– In American Nurses Association et al. v. Jack O’Connell, et al., (2010) 185 Cal. App. 4th 393 the further clarified who can administer insulin to students.

• Essentially this decision prohibited school districts from training school staff who are not nurses to administer insulin.

Works Cited Clarke A., General Counsel, Riley B. A., Salini A. A., Jr., Weissinger S. L., Fader I. C. “BREAKING UP STUDENT FIGHTS: MTA Division of Legal Services: Legal Opinion Series No. 1” Retrieved April

14, 2013 from: http://lexington.massteacher.org/Documents/Sundries/TchrInfo/StudentFights.htm#1

“Child Protection: Discipline and Violence” Retrieved April 14, 2013 from: http://www.unicef.org/teachers/protection/violence.html

Coordinated School Health & Safety Office. (n.d.). Medication Administration. Retrieved from California Dept of Education: http://www.cde.ca.gov/ls/he/hn/medication.asp

“Federal Laws” (managed by U.S. Department of Health & Human Services) Retrieved April 13, 2013 from: http://www.stopbullying.gov

Gerrish, Dick. "Comprehensive Planning For Safe Learning Environments. A School Professional's Guide To Integrating Physical And Psychological Safety - Prevention Through Recovery." Emotional & Behavioural Difficulties 16.1 (2011): 107-109. Academic Search Complete. Web. 14 Apr. 2013.

Grainger, Corbetter, Benjamin Senauer, and C. Ford Runge. "Nutritional Improvements And Student Food Choices In A School Lunch Program." Journal Of Consumer Affairs 41.2 (2007): 265-284. Academic Search Complete. Web. 13 Apr. 2013.

Kann, Laura, Nancy D. Brener, and Howell Wechsler. "Overview And Summary: School Health Policies And Programs Study 2006."Journal Of School Health 77.8 (2007): 385-397. Academic Search Complete. Web. 13 Apr. 2013.

Matza, N. (2013). Health Science For Teachers. Long Beach: Hygiapedo Publishing.

Nieberg, B. (n.d.). GCR LLP News. Retrieved from GCR LLP: http://gcrlegal.com/news/in-the-news/california-law-affects-insulin-administration-in-schools.php

NIMH. (n.d.). Frequently asked questions about ADHD and teenagers. Retrieved from National Institute of Mental Health: http://www.nimh.nih.gov/health/publications/attention-deficit-hyperactivity-disorder-teens-fact-sheet/attention-deficit-hyperactivity-disorder.shtml

Sahin, Hande, and Sibel Erkal. "Behaviors Of Students Towards Safety Measures To Prevent School Accidents."Healthmed 6.6 (2012): 1979-1986. Academic Search Complete. Web. 14 Apr. 2013

“School Violence Data and Prevention” Retrieved April 12, 2013 from: http://www.cdc.gov/violenceprevention/youthviolence/schoolviolence/data_stats.html

U.S. Department of Health & Human Services. (2013, April 13). Statutory Rape: A Guide to State Laws and Reporting Requirements: Summary of Current State Laws. Retrieved from U.S. Department of Health & Human Services: aspe.hhs.gov

U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children’s Bureau. (2011). Child Maltreatment 2010. Available from http://www.acf.hhs.gov/programs/cb/stats_research/index.htm#can

U.S. Government Accountability Office, 2011. Child maltreatment: strengthening national data on child fatalities could aid in prevention (GAO-11-599). Retrieved from http://www.gao.gov/new.items/d11599.pdf

Yagoda, M. (n.d.). Its different for Girls with ADHD. Retrieved from The Atlantic Wire: http://www.theatlanticwire.com/national/2013/04/its-different-girls-adhd/63746/

California LawsCalifornia Education Code 49431

California Education Code 49431.2

California Education Code 51930-51939

California Education Code 322

California Education Code 49422-49427 /49423.5

California Penal Code 11166