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Old November 15th, 2008
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Default Teacher Confidentiality?

Is there any law in PA that is similar to Doctor - Patient or Lawyer - Client confidentiality?

The situation where this was "invoked" is a Kindergarten class, a particular young boy is being physically abusive towards a number of other students. This has been witnessed by both the teacher and teacher's aid however the School will not reveal who the bully is to the parents and they will not allow students to be moved to a different class to prevent the abuse.

They have "disciplined" the student multiple times however it makes no difference, the kid is just a violent little shit.

1. Is the school legally correct in refusing to identify the known bully to the parents due to a confidentiality agreement?

2. Is the school legally responsible for the safety of the children in the class if they know a physical abuse situation is occurring and refuse to do anything to remedy the situation?
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Old November 15th, 2008
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Default Re: Teacher Confidentiality?

thats is a good one, i would assume ( not a lawyer myself ), that yes the name can be legally withheld from the other parents because he is a minor, and to my last thought was the schools on PA were legally responsible for any child from the time the child left the house for school till the child entered the house after school. but hey i am prolly wrong.
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Old November 15th, 2008
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Default Re: Teacher Confidentiality?

when we ,ve had that problem at school over here the parents were the ones who told the teacher who the trouble maker was. all the kids should know which one he is.
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Old November 15th, 2008
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Default Re: Teacher Confidentiality?

Quote:
Originally Posted by Dredly View Post
Is there any law in PA that is similar to Doctor - Patient or Lawyer - Client confidentiality?

The situation where this was "invoked" is a Kindergarten class, a particular young boy is being physically abusive towards a number of other students. This has been witnessed by both the teacher and teacher's aid however the School will not reveal who the bully is to the parents and they will not allow students to be moved to a different class to prevent the abuse.

They have "disciplined" the student multiple times however it makes no difference, the kid is just a violent little shit.

1. Is the school legally correct in refusing to identify the known bully to the parents due to a confidentiality agreement?

2. Is the school legally responsible for the safety of the children in the class if they know a physical abuse situation is occurring and refuse to do anything to remedy the situation?

call the police. now.

if your child, or any other child, has been victimized by another student, the school is supposed to be the first line of defense. they should have taken the first steps, as in moving or expelling the little bastard, and contacting the parents about it. if they don't, then they are practically asking for a lawsuit.

when i was in junior high school, i was bullied quite a bit. it came to a head when i was pushed down a flight of stairs and then thrown into a wall by 3 kids, resulting in a concussion and a broken nose. when my parents showed up (they were teachers themselves), my school tried to pull that "teacher confidentiality" bullshit. my dad, who knew there was no such law, at least in NYC, told him that before he called the cops and had the principal arrested, he was going to spend the next few minutes kicking the shit out of every staff member he came across until he got the names of the students. an hour later, the parents of the other kids were in the office, being informed that their boys were being permanently expelled.
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Old November 15th, 2008
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Default Re: Teacher Confidentiality?

Yep. PV`s professional staff has signed a confidentiality agreement and can be fired for violating it. The correct steps are meet with teacher, then principal, then district administrative staff and finally go to the school board.
Who`s the building principal?
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Old November 15th, 2008
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Default Re: Teacher Confidentiality?

IANAL. File a criminal complaint with the popo. If the staff refuse to tell them who battered your child then they can be charged with obstruction, and possibly with being an accessory.
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Old November 15th, 2008
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Default Re: Teacher Confidentiality?

Quote:
Originally Posted by gf45acp View Post
IANAL. File a criminal complaint with the popo. If the staff refuse to tell them who battered your child then they can be charged with obstruction, and possibly with being an accessory.
Have you ever tried to sue a Pennsylvania school district? How deep are your pockets? A teacher conference and sit down without threats but voicing your concerns is the first step. Kindergärtners`s grasp of reality isn`t always accurate. (I coached many years) If it can`t be resolved then a scheduled meeting with the principal.
Rarely have I ever seen it have to go beyond that in PV. It would also be more effective if a group of parents went and expressed their concerns.
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Old November 15th, 2008
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Default Re: Teacher Confidentiality?

Now I can not answer the question towards kindergarten. But in the older grades the student can be charged. My son got in an argument with a teacher a few years ago. he had to go to a magistrate and was fined.

I believe if two students are fighting they also get a trip to the magistrate.
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Old November 15th, 2008
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Default Re: Teacher Confidentiality?

Quote:
Originally Posted by normanvin View Post
Now I can not answer the question towards kindergarten. But in the older grades the student can be charged. My son got in an argument with a teacher a few years ago. he had to go to a magistrate and was fined.
I believe if two students are fighting they also get a trip to the magistrate.
We do the same in the older grades. In fact our head of security is a retired PSP.
I`m old school in that I don`t get too involved unless there`s a real danger of serious injury.

Dredly, if you are who I think did you know Steve`s in Iraq now?
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Old November 15th, 2008
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Default Re: Teacher Confidentiality?

Can you ask your child who the student is? I would ask and then just tell the other parents. When things have happened with my daughter's class she just tells me who it is. I would think that after the shootings etc at schools over bullying and all the no tolerance policies schools have taken that this shit would not be going on and if it was no one would be hiding behind anything anymore. They would put a STOP to it. Check your student code of conduct. I bet it doesn't say there is an exception for kinders and I would be so far up the admins ass they'd feel me in their ears if they didn't do something about it....YESTERDAY.
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