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Q & A: Christian Educators members ask…
The answers or opinions expressed in this article are not intended to render legal advice. The factual and legal issues in each circumstance must be considered and may require the advice of an attorney.
Today, a student attempted suicide by throwing herself into oncoming traffic. Thankfully, the student is okay. This incident opened my eyes to the fact that I may have to intervene in a similar situation one day. If I restrain a student to keep him or her from harm, would I be liable if the student was injured by my intervention?In our current culture, people can sue for any reason. However, your liability is greater if you do nothing (negligence), so making an effort to protect students is the best choice legally and biblically.
If you are a Christian Educators Member with Coverage and are sued for any reason in your role as an educator, your district has at least $1,000,000 of liability insurance for you, and Christian Educators covers you for the next $2,000,000.
My local union is withholding information about district issues from me and refuses to allow me to attend their meetings because I am not a member. Is this legal?Unions do represent both members and nonmembers in contract collective bargaining negotiations, but they are not required to admit nonunion members into their official meetings.
Some unions act professionally, treating both members and nonmembers with respect. However, some unions attempt to pressure nonmembers into joining (surrendering their money to the union) with tactics such as withholding information. While union bullying is unprofessional, it is not illegal.
What should I do if a student asks me not to tell his or her parents about a request to be called by different names and pronouns? I don’t want to lie to the student’s parents, but the school counselor says the student’s emotional needs are best served by respecting this request. What if the student commits suicide and the parents find out that I knew the student was struggling with identity issues and never informed the parents so they could help their child?First, I suggest you pray for wisdom. Next, review your district’s policy on gender identity. Directly violating a board-approved policy can lead to discipline, including termination.
If your district does have a policy requiring that you do not inform parents, then you have a few options.If your district does not have a policy regarding parent notification, then there is less risk. If you decide to inform the parents, do so knowing some will not agree with your decision and could be vocal about their viewpoints.
- Follow the district policy (even if you disagree with it).
- Find a creative way to inform parents that doesn’t violate the policy. For example, you could convince the student to be honest and open with his or her parents.
- Share the information with the parents because you feel it is in the best interest of the student. However, it’s important to realize you will be risking your job by violating district policy.
As you ponder and pray about how to respond, you may find the resources at christianeducators.org/gender helpful.
Questions?
To submit questions regarding:
- Religious freedoms - visit Ask an Attorney
- Educational issues - visit Ask an Educator
- All other legal issues - email service@christianeducators.org