Spring 2023Are There Still 10 School Law Commandments for Teachers?

Are There Still 10 School Law Commandments for Teachers?
Let’s Look at the 20 Commandments for 2023 and BeyondBy Sister Mary Angela Shaughnessy, SCN, J.D., Ph.D.img1Back in 1984, this writer, just having completed her dissertation on legal issues in Catholic schools, produced a document containing legal dos and don’ts for teachers; it was entitled “Ten Commandments for Teachers.” It has stood the test of time for almost 40 years. Now may be the time (perhaps overdue) to revisit the original list, edit and delete as needed and add any seemingly new commandments. Forty years ago, computers were huge machines, sometimes taking up a small room. The issues of internet protocol were yet to be discovered, and the thorny thickets of online communication with students were unheard of. So, as we prepare for the NCEA 2023 Convention, the author decided to revise the original list and add as appropriate. Here now are the old and the new in a list of legal commandments for teachers. Certainly, this document is not exhaustive, but it offers at least a beginning point for analysis and discussion.The 20 Legal Commandments for Teachers

Relax. You don’t know everything about school law. That’s why we have lawyers to help us through the thickets of the law. One of the worst things teachers and other educators can do is to work themselves into knots over knowing enough about the law. School and diocesan attorneys provide invaluable help in sorting out what the law says and what it means. See #20 for a final thought.

Know what your teaching contract says. (Remember that courts can construe faculty handbooks as part of your contract, so it is important to read your contract and seek clarification as needed.)

Be familiar with the rules and regulations of your school and with any particular rules that your principal makes. It is not enough to know the rules in the handbook. Situations change and new situations arise. Keep yourself informed.

Enforce school and administrative rules. If you are not sure what a rule means or covers, ask your principal or other administrator. Seasoned colleagues can also be a source of good mentorship and advice. Don’t be afraid to ask for help.

Establish rules for classroom and other instructional site behavior. Be sure to make those rules known to students. Be sure students understand the rules and the consequences for not following them. Be consistent in enforcing rules. (Posting classroom rules and procedures is a good idea.)

No matter how angry you may become, or how much just cause you may have, never discipline a student without explaining what the student did that merits discipline and allowing the student some opportunity to explain the behavior.

Take every reasonable precaution to keep your students safe. Report any unsafe building or other condition to the principal or other appropriate person.

Do not leave students unattended unless absolutely necessary. If necessary, be sure that students know what procedures they are expected to follow and/or ask another teacher or staff member to “keep an eye” on your students.

Don’t make unnecessary negative or other comments about students whether orally or in writing. If it is necessary to make statements about student misconduct or lack of academic ability, be sure comments are specific and relevant. For example, “Bobby was absent 10 times this marking period, late 15 times and disciplined for disobedience 11 times,” rather than “Bobby is sick most of the time, late the rest of the time and always in trouble.” “Mary Lou reads on a second-grade level and has not been able to solve problems involving multiplication and division,” rather than “Mary Lou can’t read and will probably never be able to do math.” (A good rule is “If you don’t have to say it, don’t say it.”)

If an accident occurs in your classroom, notify the principal immediately and record the specifics of the incident as soon as possible. When it come to accidents, it may be better to “overreport” to ensure that important elements are included. You never know when a past student or visitor will claim an injury occurred in your classroom or other area of supervision: “Don’t you remember when … such and such occurred?”

Keep some kind of lesson plan book or computer file; if your teaching competency is ever questioned in or out of court, you will have some written record of what you did and what you intended to do.

Do not stay alone in a room with a young person unless there is a window permitting others to see in or the door is open. If a student were to make a claim of inappropriate behavior, a teacher’s policy of leaving a door open or having a window where others can see into the classroom can be very helpful, even exonerating.

Do not allow minors to become overly friendly or familiar with you. Students should not call teachers by their first names.

Do not engage in private correspondence with minors. If you receive personal communication from a minor and the communication is not appropriate, keep a copy and do not respond unless you have received permission from your supervisor/pastor.

Do not visit minors in their homes unless their parents are present, and do not invite minors to your home.

Do not transport students in your vehicle.

Do not take the role of surrogate parent with a minor, and do not criticize a minor’s parents to the minor.

Do not communicate with minors from your home email address or your cell phone or other device without the knowledge and permission of both your supervisor (principal) and the student’s parents.

Do not hire parish young people to work in your home without the express knowledge and consent of your supervisor.

Ask yourself: “How would I feel if what I am doing were to appear on the front page of the paper tomorrow? On the evening news? On Facebook or TikTok, or some other internet forum?” Remember: When in doubt, ask yourself, “What would a reasonable person do under these circumstances? What would I advise someone else to do in this situation? What would Jesus do?”

A final thoughtHow did the number of “commandments” double in less than 40 years? Some could be placed together, but in the end, it is the content of, not the number of commandments that is important. If we remember the first of all rules for education ministry: “Begin your day with prayer. Pray when you are anxious. Pray always,” then, we should receive the help we need in our daily efforts in “lawful” ministry, regardless of the number of commandments anyone suggests for us.
Plan now to attend the 2023 NCEA/Loyola Marymount University 21st Annual Education Law Symposium, July 6 – 9, 2023. Contact Sister Angie or Sister Dale McDonald, Mcdonald@ncea.org, for more information.
Sister Mary Angela Shaughnessy, SCN, J.D., Ph.D.
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