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CHAPTER 9: Legal Aspects of Education sexual harassment or assault. Given the numerous allegations brought against teachers in recent years, many teacher organizations have been advising their members to avoid touching students unnecessarily. They also recommend that teachers make sure that doors are open and/or that other persons are present when they meet with a student. Legal advisers recognize the necessity for or benefits of touching or even hugging a student, as when a kindergarten teacher helps students put on coats, comforts a distressed pupil, grabs the aggressor in a fight between students, but many advise teachers to avoid physical contact as much as possible, particularly with older students. Sexual abuse or harassment of one student by another is also a serious problem. As in the case of students allegedly harassed by teachers, the law regarding harassment by other students is poorly defined and murky. Name calling and teasing with sexual overtones have been interpreted as illegal harassment that educators have a legal obligation to suppress, but, in certain situations, school staff have been absolved of legal responsibility. Some school districts’ antiharassment policies have prohibited so-called unwelcome statements about gays and lesbians, but a federal appeals court prevented punishment of students who made such statements when it ruled they were exercising First Amendment rights to religious expression. On the other hand, several districts have paid settlements to gay or lesbian students who were harassed by peers. The following guidelines have been suggested for educators who think sexual harassment may be occurring:57
1. Don’t ignore the situation or let it pass unchallenged. 2. Don’t overreact; find out exactly what happened. 3. Don’t embarrass or humiliate any party to an incident. 4. Initiate steps to support the alleged victim. 5. Apply consequences in accordance with school behavior codes. 6. Don’t assume that the incident is an isolated occurrence. 7. Provide comprehensive awareness programs for students, teachers, parents, and administrators.
8. School psychologists, counselors, and social workers should be available on request to the victim and his or her parents.
9-3i Student Records and Privacy Rights Family Educational Rights and Privacy Act (Buckley Amendment) A law passed in 1974 to
curb possible abuses at institutions receiving federal funds.
Until 1974, students or their parents could not view most student records kept by schools. However, prospective employers, government agencies, and credit bureaus could do so. As might be guessed, abuses occurred. In 1974, Congress passed the Family Educational Rights and Privacy Act (also called either FERPA or the Buckley Amendment) to curb possible abuses in institutions receiving federal funds. The Buckley Amendment requires public-school districts to develop policies allowing parents access to their children’s official school records. The act prohibits disclosure of these records to most third parties without prior parental consent. Districts must have procedures to amend records if parents challenge the accuracy or completeness of the information they contain. Hearing and appeal mechanisms regarding disputed information must also be available. Parents retain rights of access to their child’s school records until the child reaches age 18 or is enrolled in a postsecondary institution.
Perry A. Zirkel, “Student-to-Student Sexual Harassment,” Phi Delta Kappan (April 1995), pp. 448–450; Richard S. Vacca, “ Student-Peer Sexual Harassment 2009,” CEPI Education Law News letter (February 2009), available at www.cepi.vcu.edu/publications/newsletters; and John Stephens, “Physical and Sexual Abuse,” District Administration (August 2014), available at www .districtadministration.com.
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