What is the main premise that makes this primarily an educational law issue

You can use the information from the documents, and the internet for your responses.  Assignment 1 has 9 questions because question 5 is missing. Need help with question 8 and 10.

 

 

  1. What is the main premise that makes this primarily an educational law issue and not a criminal law issue?

Childhood bullying is still a part of many people’s childhoods. As children age, it is important for them to learn about harassment and bullying in addition to being friendly and kind to each other. The main premise making this an educational law and not a criminal law issue is that bullying is necessarily not a criminal law issue. Learning institutions / schools have mission statements that emphasize that they are tro establish a safe learning environment, free of harassment, discrimination, and bullying.

 

  1. 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 point of view of a student’s sexuality or gender is indicated along with the student’s actual sexuality or gender because students can be bullied or harassed for either reason.

 

  1. How does the law expand the school’s ability to address cyberbullying when it happens in the privacy of a student’s home?

The law gives more power to schools to intervene in cyberbullying cases that occur outside the school because cyberbullying can occur when a student is at home and not on school grounds.

 

  1. If a teacher became aware of harassment based on an issue not specifically enumerated in the law, would they have to report it?

Yes, even though the issue is not enumerated in the law, the teacher would have to report it, Harassment is not allowed or accepted. Should a teacher know about this situation, he/she should act reasonably and in good faith report the issue to the assigned school officials.

 

  1. What are the specific time frames for the two types of reports that must be filed under this law?

As stated, the specific time frames are one and two school days. Once a school employee witnesses discrimination, harrassment, or bullying, or receives a writtten or verbal report, he/she is to notify the principal, superintendent immediately, superintendent’s or principal’s designee not ater than one school day after such an act has been witnessed. The employee should file a report with the principal or superintendent not later than two days after an oral report has been made.

 

  1. Why are the timeframes set to cause reporting as soon as the problem is identified? Indicate at least 3 possible negative outcomes for the students if the reporting was not filed in a timely fashion.

The time frames are set to cause reporting as soon as the problem is identified because in case it does not happen, such problems are serious in nature and can result in school violence. The argument is based on the idea that the sooner a problem is identified, the quicker it can be solved. The negative outcomes could be school violence like, damage to school property or vandalism, danger to the well-being of students and danger to the school employees as well.

 

  1. Give two examples of what the school might do in response to the report that would indicate that they are in compliance with the word and spirit of this law.

 

  1. When does the school have a duty to report the incident to local police agencies?

Schools will discipline students and deal with these issues as they arise, but sometimes, there can be issues more serious that require the school to report to legal authorities. Theft, vandalism, drug possession, and other more serious offenses may require that students become involved with the law, in which case educational law could come into play.

 

  1. Indicate atleast three similarities/ differences when comparing NYS Child Abuse Requirements and the mandates of the D.A.S.A. law. 

DASA LAW: An awareness and sensitivity in the relations of people, including but not limited to, different races, weights, national origins, ethnic groups, religions, religious practices, mental or physical abilities, sexual orientations, gender identity, and sexes.

Under the Dignity Act, schools will be responsible for collecting and reporting data regarding material incidents of discrimination, harassment, and bullying

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