By Karin Kilgarin, NSEA
NORTH PLATTE, June 22, 2015 – Teachers should not be required to “check with parents” before reporting suspected child abuse or neglect to law enforcement or the Department of Health and Human Services, according to the North Platte Education Association (NPEA).
North Platte Public School teacher Christie Copper and guidance counselor Stephen Spiehs were recently told by school district administrators that it was a “mistake” to make such a report without first contacting the child’s parents, and that in the future parents are to be contacted before making such a report unless the child is “in immediate danger.”
Because school administrators and the North Platte Board of Education refused the teachers’ request that the directive be withdrawn, the NPEA is seeking a ruling on the matter from the Lincoln County District Court.
“Reporting suspected child abuse or neglect is not only our responsibility as teachers, it is the law,” said Copper, president of the NPEA.
Copper and Spiehs are named as plaintiffs in the lawsuit, along with NPEA member teachers.
School administrators refused jan informal request from Copper and Spiehs that the directive be withdrawn. When a formal grievance was filed, administrators threatened them with insubordination, which can result in disciplinary action up to, and including, being fired. The NPEA then asked the North Platte Board of Education to retract the reprisals and confirm that the school district practice is to not condition the reporting of suspected child abuse or neglect upon the contact of parents. Board members refused to retract the administration’s directive, which led the NPEA to seek a court ruling.
District’s Directive Contrary to State Law
Copper noted that she, Spiehs and the NPEA followed the grievance process outlined in the negotiated agreement with the school district.
“The decision to seek a court ruling was not made lightly. The issue of protecting children from abuse or neglect is of paramount importance to NPEA teacher-members,” said Copper. “Our teachers are committed to the issue of student safety.”
Scott Norby, attorney for the NPEA, said the lawsuit will address two important issues: The statutory obligation of school employees to report suspected child abuse or neglect; and the ability of teachers to present grievances under the negotiated grievance procedure without fear of reprisal.
“The school district’s directive that teachers are to inform parents prior to submission of a report to law enforcement or the Department of Health and Human Services unless a child is in immediate danger is contrary to Nebraska law and potentially places children in danger,” said Norby. “The facts in this case illustrate why it is imperative that teachers have the ability to present grievances under the negotiated grievance procedure without fear of reprisal.”
The Facts
On a morning in late March, Copper and Spiehs were supervising students when alerted by paraeducators that a student had arrived at school with a red scratch on the right side of his face, unkempt hair and a black, soot-like dirt on the left side of his face. He had dried, smelly feces on his palms, wrists and fingernails, presented very tired behavior and was licking his hands and rubbing his eyes excessively.
When milk was offered, he appeared thirsty and drank it very quickly. He also was very hungry and wanted cereal.
Based on their personal observation of the student, Copper and Spiehs determined they had an obligation under state law and school policy to report the student’s condition to the Department of Health and Human Services. They contacted the school resource officer and, upon arrival, he assessed the situation.
During this time, the school principal, associate principal and secondary special education coordinator were in and out of the room with the child and were aware of the situation. Spiehs contacted the Department of Health and Human Services.
Early that afternoon, the principal sent an email to Copper and Spiehs saying he had heard from the child’s parent who was “extremely displeased.”
In his email, the principal also wrote that it was a mistake to report the suspected abuse or neglect without first contacting the parents. He admonished the employees that in future cases of suspected abuse or neglect the student’s parents should be contacted first if a student is not in immediate danger.
Copper and Spiehs met with the principal to ask him to retract the admonishment and to confirm a school employee’s right and statutory obligation to report suspected child abuse or neglect without first contacting parents. The principal declined the request.
A few days later, NPPS Superintendent Larry Ramaekers approached Copper after school and indicated that it was a mistake to report the suspected child abuse or neglect without first contacting the parents. Ramaekers also refused to retract the directive and admonishment. During a meeting with Copper, Spiehs and district administrators to address the grievance, Ramaekers accused Copper and Spiehs of insubordination in their handling of the report to the Department of Health and Human Services and threatened to take disciplinary action against them.
Chilling Effect
The NPEA believes that the email issued by the school principal; the comments made by the Superintendent; the refusal to retract the directive and admonishment that school employees are to contact parents first when reasonable cause exists to believe a student has been subjected to abuse or neglect; are all contrary to state law and school policy.
The NPEA also believes those actions constitute retribution for complying with the requirement of state law and school policy; and are intended to chill and intimidate staff from reporting cases of suspected abuse or neglect.
To resolve the issues, a Complaint for Declaratory and Injunctive Relief has been filed with the Lincoln County District Court and an Unfair Labor Practice lawsuit has been filed with the Nebraska Commission of Industrial Relations.
Letter from Principal Danny McMurtry