NYS Education Law
1) What is the main premise that makes this primarily an educational law issue and not a criminal law issue? Explain how this relates to all school mission statements.
The premise that makes it educational law is the fact that it covers the legal aspects that are related to education. These aspects include the rights of the learner and the role of the public education system. The premise relates to school mission statements, which seek to provide a conducive learning environment that is only achievable by safeguarding the rights of the learners, teachers, and schools.
2) In the case of gender or sexuality, why is the perception of gender or sexuality indicated as well as the actual gender or sexuality of the student?
The essence of indicating the gender or sexuality of a student is to evaluate their experience in the learning institution and to avoid discrimination based on gender or sexuality.
3) How does the law expand the school’s ability to address cyberbullying when it happens in the privacy of a student’s home?
The school has a role to play in dealing with cyberbullying, even when it happens in the privacy of the learner’s home. The school is empowered by the law to report the cases to relevant authorities and seek help on behalf of the student. In addition, the institution can instigate civil liability for the offenders on behalf of the student and protect the victim from harm by the offender.
4) If a teacher became aware of harassment based on an issue not specifically enumerated in the law, would they have to report it? Explain why.
The teacher is obliged to report harassment even when it is not enumerated in law. Reporting the harassment case is geared towards safeguarding the learner’s rights, which is an aspect of educational law.
6) What are the specific time frames for the two types of reports that must be filed under this law?
According to part (c) of 13, the specified time frames are one and two days (N.Y.S school Law, n.d.). When the school employee encounters a case of harassment, they are supposed to orally within one day of the occurrence of the incident. In addition, the employee is supposed to file a report within two days of the incident.
7) Why are the time frames set to cause reporting as soon as the problem is identified? Indicate at least 3 possible negative outcomes for students if the reporting was not filed in a timely fashion.
The essence of setting the time frames is to ensure the impact of the incident does not cause a disruption in the school environment. In addition, the set time frames help to mitigate the impact of the incident on the learner and mitigate future occurrences of similar incidents.
8) Give two examples of what the school might do in response to the report that would indicate they are in compliance with the word and spirit of this law.
Firstly, the school can report to the relevant law enforcement authorities. Secondly, the school can conduct internal investigations and deal with the issue at the school level without involving the authorities.
9) When does the school have a duty to report the incident to local police agencies?
The school’s authority should promptly inform the law authorities immediately if they believe there is a threat to the student.
10) Indicate at least three similarities/differences when comparing NYS Child Abuse Requirements and the mandates of the D.A.S.A. law.
There are similarities between NYC and DASA laws. In NYS laws, teachers are obliged to report cases of discrimination and harassment promptly. Further, D.A.S.A. laws dictate that teachers should report cases of child abuse. Both mandates seek to detect and prevent the occurrence of child abuse.
References
N.Y.S Education Law. (n.d.). Article 2: Dignity for all students.
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NYS Education Law
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