NSBA Legal Clips
Archived entries for teacher misconduct

Missouri court issues preliminary injunction barring state from enforcing new teacher social networking law

A Cole County Circuit Court has issued a preliminary injunction prohibiting the State of Missouri from enforcing that portion of Senate Bill 54 designated § 162.069.4 RSMo., which states: “No teacher shall establish, maintain, or use a non-work-related internet site which allows exclusive access with a current or former student.” Finding that the breadth of the law’s coverage is “staggering” and that social networking is utilized extensively by educators, the court concluded that the law would have a chilling effect on speech.

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Missouri teachers’ union files suit challenging state’s recently-enacted law restricting teacher-student online communications

The Missouri State Teachers’ Association (MSTA) has filed suit in Cole County Circuit Court challenging the state’s new law that limits online teacher-student communications, says the Missouri News Horizon. The legislation is the latest effort to protect students from sexual misconduct. The suit challenges the law’s language on the use of social media by teachers.

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Missouri enacts legislation aimed at protecting students from known sexual abusers and restricting teacher online contact with students

The Associated Press (AP) reports in the Kansas City Star that Gov. Jay Nixon has signed a bill that requires schools to share information about teachers who have sexually abused students and restricting online communication among teachers and students. The purpose of the provision is prevent school districts from unknowingly hiring someone with a history of substantiated sex abuse allegations.

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Colorado teachers’ union challenges state board of education rule requiring public disclosure of teachers’ arrests

The Fort Collins Coloradoan reports that Colorado Education Association (CEA), the statewide teachers union, is asking a state court judge to strike down new rules requiring the public disclosure of teacher arrests. The new rules were unanimously adopted by the State Board of Education (CBOE). In a lawsuit filed in Denver District Court, CEA calls the new rules “arbitrary and/or capricious,” “vague” and an “abuse of or a clearly unwarranted exercise of discretion.”

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Florida teacher challenges suspension for remark to teacher’s aide about students

Bradenton.com reports that elementary school teacher Michele Gabriele is challenging Superintendent Tim McGonegal’s recommendation that she serve a 15-day suspension and be returned to annual contract status after allegedly commenting to an aide in the presences of students, “Can I kill a kid today?” Her alleged comment resulted in a month-long investigation. School district officials also charge that Gabriele tried to “intimidate or interfere with” the investigation.

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Teacher challenges license revocation by Texas certification board over off-campus sexual encounters with 18 year-old student

Courthouse News Service reports former teacher Robert Lange, who had his credentials revoked by the Texas Board for Educator Certification (TBEC) because he had two consensual, off-campus sexual encounters with an 18-year-old senior, is suing TBEC. The Texas Education Agency accused Lange of “violating the Texas Educator Code of Ethics by having an inappropriate relationship with a student” in a hearing before the State Office of Administrative Hearings. Lange’s suit claims TBEC overstepped its authority by revoking his license.

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Kansas Board of Education rejects proposal to require fingerprints of teachers licensed before 2002

According to the Topeka Capital-Journal, the Kansas State Board of Education (KBOE), in a 6-4 vote, decided not to submit a proposal to the Kansas attorney general or the Kansas Department of Administration for review that would require the gathering of the estimated 40,000 sets of fingerprints from teachers who received their licenses prior to 2002. The proposal would have required that the estimated 40,000 sets of fingerprints be put into the Kansas Bureau of Investigation’s (KBI) Rap Back program. The program would provide instant notification to KDE if a licensed teacher is arrested or has entered into a diversion agreement for an offense that could lead to revocation of his or her license.

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Mississippi teachers receiving training on technology ethics

Mississippi’s new code of ethics has created an additional layer for school district policies that have become increasingly detailed amid the proliferation of cell phones, Internet sites and social media, says Mississippi News. School districts throughout the state are incorporating the code into employees’ contracts.

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Colorado State Board of Ed adopts rule requiring school districts to notify parents of employee arrests

The Colorado Board of Education (CBOE) has approved rules that require school district officials to notify parents of students whenever a school employee is arrested or charged with any felony, or misdemeanor sexual assault, child abuse or indecent exposure, says the Fort Collins Coloradoan.

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Parents of student sexually assaulted by teacher sue Ohio school district for failure to conduct proper background check

Claiming their daughter was sexually assaulted by her art teacher at West Muskingum High School (WMHS), Courthouse News Service says the parents have filed a federal lawsuit against the West Muskingum County Board of Education (WMCBOE) alleging the school district ignored his history of “lewd and inappropriate relationships” with his students, and concealed and failed to report it after they knew it. The Doe family’s suit charges that had the WMCBOE bothered to check, they would have learned that Andrew Hoffer, currently in state prison, had been forced to resign from his previous teaching position for his “inappropriate sexual remarks and innuendos to female students during class time.”

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