Ethical Issues in Education: Addressing Privacy, Confidentiality, Discipline and Free Speech Considerations
Created on June 17, 2021
This course will provide an overview on select statutes, guidance, and case law that address issues regarding the ethical obligations of schools, colleges, and universities to ensure privacy considerations are maintained while proactively addressing or reactively responding to issues involving school safety, wellness, and free speech. It will focus on balancing confidentiality with transparency in an educational setting, while ensuring attorney ethics are not compromised. The course will also discuss the ethical considerations that counsel for the schools and universities must consider in advising their client.
- Assess what schools and higher education institutions must keep in mind regarding the Family Educational Rights and Privacy Act (FERPA)
- Review the arguments made to the U.S. Supreme Court (pending April 28, 2021) in the Mahanoy School District v. B.L. case, on a schools ability to regulate out of school speech
- Identify who is the client, and what counsel's obligations are in advising the school's Board versus advising an individual board member, Superintendent or President
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