discipline referral question

[Silverplum]

OP was not asking about laws surrounding document writing. She was asking about the referral as a legal document, since it does become part of a student's records. She does seem to understand that laws are not the issue, but legalities are. I don't understand why so many people are misreading her statement.

It's just a case of noobie-itis. They can't help but comment upon nearby threads.

 

[Humusluvr]

It's just a case of noobie-itis. They can't help but comment upon nearby threads.

That's what I was thinking, but they really muddy up the waters when they attempt to offer irrelevant advice. Just sayin'

 

[Just Blue]

This one seems pretty clear-cut to me. Laws are not relevant to whether you write the discipline referral or not. That's your choice, and you could consult your boss if the other teacher gives you trouble here.

The important thing IF you write it is simply to make sure you make clear in your writing that your information is second hand. If you write "the student did X", you could be legally responsible for defending that claim. If you write "Teacher Y says that the student did [X]" then you are making claims ONLY about what the teacher said. If it were ever to come up as a legal issue, you would not be responsible for knowledge of what the student said, and this would be deferred to the teacher who saw it, and whom you mentioned in your discipline referral.

My personal opinion is that you should just insist the other teacher write his own discipline, for an issue that s/he witnessed him/herself. But, provided you make clear WHO is making the claim of what the student did, you do not create a legal issue for yourself by writing it. You are simply reporting what others' told you, and they are still responsible for the content of their own claims.

What qualifaction do you have to advise a WA state resident? You, per your thread, are in Ma. You were unable to figure out the educational situation for Kate...Why do you think you are qualified enough to respond to a WA thread??

 

[tranquility]

Let's review.

I don't feel comfortable with that, as I did not witness the event and believe the referral is a legal document. Anything I write concerning that incident would be second hand and hearsay. Is my position tenable? Is he right?

Is the document second hand and hearsay? Sure. (Well, assuming the part we are trying to use is an out of court statement offered for the truth.) What difference does that make as to the "legalities" of writing it?

By the way, what are the "legalities" of this "legal document"? How is it different from any other type of evidence, testimonial or not?

What is the legal difference between this writing if the OP wrote it or the witness/teacher wrote it?