Consequences for violation of state code question?

Discussion in 'General Education' started by MrTempest, Feb 6, 2019.

  1. MrTempest

    MrTempest Companion

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    What are the potential consequences of not following state code? For example, not following certain procedures, whether it be regarding discipline or reporting. I am guessing one would not call 911 for failing to abide by state codes, but I was wondering how they are enforced.
     
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  3. swansong1

    swansong1 Virtuoso

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    Your question is a little vague. Different state codes require different consequences. For example...if you are talking about abuse, children's services would be called. If you are talking about teachers not getting enough break time, as per contract, you would talk to the union. Can you be a little more specific?
     
  4. MrTempest

    MrTempest Companion

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    The state is Georgia. Two examples off the top of my head are, one, state code states, “ a student may not be penalized for the failure of his or her parent or guardian to attend such a conference," however admin frequently makes the stipulation that a student cannot do such-and-such until parent does whatever.
    Two, Georiga state code also states that a teacher has the right to remove a student from their classroom if they are disrupting the learning environment, whereas admin has recently cracked down on teacher telling them to not put them in the hall and do not send them to the office.
    Lastly, the state is Georgia, state code forbids collective bargaining thus there is no teacher union.
     
  5. Ima Teacher

    Ima Teacher Maven

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    “Conference” and “whatever” aren’t the same thing. What specifically are parents not doing? If the parent doesn’t come to parent conferences, then so be it. They just don’t come. If the parent has to come to a meet8ng before a student can receive certain services, then the parent either comes, makes other arrangements, or the kid doesn’t get services.

    As for kids in the hallway, I agree with that. Having a disruptive kid in the classroom is bad, but having a disruptive kid unsupervised in the hallway is a huge liability. Are you not allowed to send kids to the office period or only for certain reasons? We have a series of steps that must be followed for minor incidents before kids can be sent to the office. If I send a kid to the office for failure to do class work, I have to be able to show that I gave warnings, contacted parents, kept the student for detention, etc. without any improvement. For serious incidents like a fight, we can always send them.
     
  6. MrTempest

    MrTempest Companion

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    I am not looking to debate the merit of the state code; my question remains how is it suppose to be upheld.
     
  7. catnfiddle

    catnfiddle Moderator

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    Unless it is immediate harm to a teacher or student, your best bet is to contact your Department of Education. I have found mine (Ohio) to be extremely responsive and helpful as long as my inquiry is clear.
     
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  8. Missy

    Missy Aficionado

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    Contact your state Department of Education.
     
  9. Ima Teacher

    Ima Teacher Maven

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    Umm . . . I was answering by pointing out that “not being upheld” may not actually be the case. You say it isn’t being upheld, but the first post was super vague, and I wasn’t helped much by the second. I wanted to clarify what you were talking about by giving some examples that might help me clarify the issue. I wasn’t being argumentative.
     
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  10. alp123

    alp123 Companion

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    Following..... I'm in California and the students at my school/district basically rule the roost. I teach 2nd grade in a Title 1 district and in October, a student threaten to kill me. I wrote him the highest referral, the AP came to my room and told me to "tear it up. You know kids." Of course I didn't. Sure enough, 2 weeks later, he brought a switch blade to school and told my students that he brought the weapon he was going to kill me with. The police were called, CPS was called, and he received 1 day in school suspension. I'm new to this district and am appalled. I have 2 other students (out of 30) who have MAJOR behavior problems. The worst of the 2 just transferred in from a different school in the district and he is running a muck! And you know what I was told to do???? Collect data on him for 3 MONTHS!!! Basically, bribing him with incentives until the end of the school year. The district has data from the last school he was at, 3 months worth, and now he does the same at my school. Gotta love PBIS...I feel so bad for the kiddos who actually want to learn. His parents won't even show up to IEP meetings, answer calls, nothing. Meanwhile, he hits kids, threatens them, runs out of the classroom, etc. His brother does the same. And we have NO ADMIN support. He bit one of
    my female students on the breast over a swing, slapped another student, the list goes on!!! Is that not enough data??? My admin refuses to document on ARIES. Is this normal??? He's a GE student. Thanks for listening....had to vent. :(
    Aren't there ED codes on weapons?
     
  11. otterpop

    otterpop Aficionado

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    I have no union and have wondered very similar things. Who do you contact if students aren't getting their required recess minutes? What if you're not getting a lunch break? What about legally mandated class size laws that aren't followed?

    I called my local department of education with a question about this once and they had no idea what to tell me. They suggested contacting my union... Which we don't have.
     
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  12. Ima Teacher

    Ima Teacher Maven

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    We aren’t union either, but we have two professional organizations that provide free legal advice and information on these kinds of issues. I emailed them once when the school adjusted the schedule and didn’t provide me lunch break during the time the cafeteria was serving lunch.
     
  13. futuremathsprof

    futuremathsprof Fanatic

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    Document each incident and take your case to your district superintendent. I think if you can show you are fearful for your safety and your principal refuses to act, then you should go above their paygrade.
     
  14. MissCeliaB

    MissCeliaB Aficionado

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    We are allowed to have disruptive students removed from our classrooms. We are not allowed to send them out in the halls unsupervised. We have to follow procedure for having a student removed, which involves requesting an escort and filling out one of 3 forms, depending on the circumstances.

    We cannot punish or in any way tie academic achievement to parents making donations or attending events. The school can, however, suspend a kid with a parent return, meaning that the parent must come to the school for a conference before the student can return to school if the student committed a serious infraction and/or we were unable to reach the parent by phone.
     
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  15. otterpop

    otterpop Aficionado

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    This is how is should always be IMO.
     
  16. MrTempest

    MrTempest Companion

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    What was their response?
     
  17. MrTempest

    MrTempest Companion

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    Ok, here is an example, there is a code that states all rooms shall have the American flag present in the classroom. How do lawmakers expect such a code to be enforced?
     
  18. vickilyn

    vickilyn Virtuoso

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    Honestly, I don't remember ever being in a classroom without a flag in it - that is the school's responsibility. If your room doesn't have one, why not ask admin what is up with that, and cite the code, since you seem to know it. If there are no flags anywhere in the school, I'm guessing that your inquiry will get you nowhere. However, if most rooms are in compliance, and only your room is lacking that item, you may be able to get a flag in your room, courtesy of admin.
     
  19. Always__Learning

    Always__Learning Comrade

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    The part I am unclear of is are you asking a theoretical question or a practical one.

    If your question is will the District "get in trouble" for not having a flag. I'm going to say no. If a complaint is made about something like length of lunch hour, flying the flag, etc there are processes in place to SOLVE rather than punish. In other words, the goal of the processes for complaining about something like a flag is to ensure that the flag ends up in place, not to punish the District. I would say generally talk to your admin first. Moreover, even if your admin say they are still doing X it doesn't mean they aren't following the code. You probably don't have all the details of what is actually happening so it is hard to judge the full picture (just like I don't have all the details of what is happening in the classroom next to mine, even if I think I do).

    If you are talking more theoretically, there is always a process in place to follow up on complaints. Generally Department of Eds don't spend money sending someone around to check for flags in every classroom in the state. But when Ed department types are in buildings, they are looking for compliance. Moreover, there is always a way to bring a concern forward (i.e. union, central office, Department of Ed, etc). If a parent goes to their political representative usually that person will help the parent navigate the Education system to file their concern/ complaint.

    Overall, I would say education is much more regulated than in the past. The public has LOTS of opportunity to bring concerns forward.
     
  20. MathGuy31

    MathGuy31 Rookie

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    Depending on the circumstances of the individual case, a whole myriad of repercussions could happen. Nothing may happen or one may be sued with possible job loss.
     
  21. MathGuy31

    MathGuy31 Rookie

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    I tell my students not to joke about anything as we have to report allegations of abuse.
     

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