The Need for Cyber Law Research in Education

Cyber law in education is an issue that is ripe for scholarly research and analysis.  The importance of this topic is growing exponentially with the meteoric rise in social networking and other online forums which are becoming a primary source of interaction among school aged students. One result of these “virtual” relationships is a blurring of the lines of jurisdiction for disciplinary responsibility. At what point do a student’s actions fall outside of the authority of his or her school? When the student uses school equipment on school grounds the analysis is very clear, but case law has created a continuum that defies any objective definition of where that jurisdiction ends. Similarly, at what point does a teacher or administrator’s actions leave the authority of their employer and become protected by their right to privacy? The question of jurisdiction must be addressed before meaningful processes can be implemented to counteract the damage that online actions can have on the school system.

The harms that are caused at the hands of students through cyber actions include marring the reputation of teachers and administrators, harassing other students and threatening the security of testing and other educational information. Similarly, educators often cause harm through their own cyber actions by using online forums in an inappropriate manner to the detriment of their school or district. These actions may compromise the safety and morals of their students and affect the integrity of the educational system itself. Yet any restriction on these actions runs the risk of violating constitutional rights of free speech and privacy. Needless to say, there is a careful and ever-evolving balancing process that needs to be maintained in this area of law. And the decisions of our courts and enactments of our legislatures must be monitored and influenced by educators and education law experts.

The bullying laws that are springing up in local legislatures provide an excellent example of the issues at stake in this field. There is an important responsibility for governments to protect children from this new form of harassment. At the same time, however, in addition to the inevitable first amendment challenges, educators need to have a voice as to the practical limits on building level school personnel in implementing these new laws. These issues present a fascinating intersection of legal issues that will only become more relevant and topical in the decades to come. 

Research and analysis will be important in normalizing policy in the field. Ultimately statutory enactments and case decisions will  provide the law on these subjects.  However, these statutes and decisions are by no means immutable.  Like any other area of law, they evolve and change over time.  And these shifting principles are all the more prevalent in a field of law that is in its infancy such as this one.  There are no long-standing seminal court decisions on the topic, nor is there any conventional wisdom with respect to a proper statutory framework.  Therefore, in this field more than any other that I can think of within education law, there is a need for scholarly research and publication to help organize and shape the developing legal trends.

Education Law – What You Need to Know

If you’re involved in any aspect of education, from teaching to recruitment, then you’ll need to be aware of education law, and the areas it covers.

1. Education establishments are just accountable as other organisations, and need to adhere to rules and guidelines in the same way.

2. You’ll need to make sure that your school, college, university or other educational establishment complies with all the relevant laws and government policies. Having an education law expert to help you will make a big difference, and can ensure that you’re not acting illegally.

3. You’re probably used to dealing with suppliers for everything from catering and stationery to IT and the maintenance of the grounds. Are you using a specialist in education law to make sure that the contracts art legal, and that you’re getting the best deals and service?

4. Pupil discipline is becoming more of an issue in many schools. Although to may be tempting to introduce your own forms of punishment, you’ll need to make sure that you stay well within the law, to avoid possible disciplinary action yourself.

5. Some schools, colleges and universities receive charitable donations or funding. You’ll need to make sure that all the paperwork is in order that everything complies with the relevant charity laws.

6. If you’re involved in estate management for as school or college, then your job could entail buying or selling land, and hiring contractors. You’ll want to make sure that you get the best deals and service, and that agreements are adhered to minimize disruption to all concerned.

7. Although you work in education, construction, planning and environmental laws still apply. If you’re considering expanding your premises, or building new departments or adding additional facilities, you’ll need to make sure that you’ve got the relevant planning permission and your plans don’t fall foul of any laws.

8. Employment law still applies, so you’ll want to make sure that there are no issues regarding bullying or harassment at work, or discrimination on any grounds. You’ll need to make sure that you’re up to date with all relevant guidelines and changes, so that you’re not acting illegally.

9. Your recruitment process will also be subjected to the same sort of laws as other industries. You might need to carry out additional checks too, so an education law expert can prove invaluable.

10. Health and Safety both at school, and on educational trips, is often mentioned in the media. No matter whether you think the rules and regulations are too strict, you still have to comply with them in order to protect your pupils and staff.

Now you know more about it, perhaps now is the time for an Education Law Expert to help you.

Why Do You Need an Education Law Solicitor?

As there’s many aspects of law that effect the education sector, if you work for a school, college or university, then you’re likely to need the help and advice of of an education law solicitor.

Here’s why you’ll need help with education law.

1. Education establishments need to accountable, and so need to do everything properly, and within the law. If you’re not sure about best practice, or how best to manage, why not see how an education law solicitor can help.

2. As health and safety is such a concern for parents of pupils, it needs to be taken care of. No matter whether conducting a science experiment, or planning a trip abroad, the activity will need to meet the relevant legislations, and the risks will need to be fully assessed.

3. Your policies for pupil and staff discipline will need to be checked regularly to ensure that they are still up to date and valid, and that they are enforceable, and comply with relevant laws.

4. Employment laws still apply in educational establishments, so you’ll need to be aware of laws regarding working hours, staff contracts and workers’ rights.

5. Remember that your recruitment policies need to be fair, and that there is no discrimination within your education establishment. You’ll also need to make sure that all necessary checks are carried out on new staff too.

6. It’s important that staff contracts, and internal policies regarding IT are reviewed regularly to ensure that they are up to date and legally binding. If you’re not sure, why not speak to an education law solicitor?

7. You might be dealing with many suppliers and have lots of contracts for supplying cleaners, meals, emergency cover teachers, IT systems and more. You’ll want to make sure that you’re getting the best deals, and that you’re not being treated unfairly.

8. As some schools and colleges rely on donations and funding, it’s important that all of the money is accounted for, and that the school is run in a right and proper way in order to meet the legal requirements.

9. Perhaps you’re involved in estate management, and buying and selling school grounds or buildings. You’ll want to make sure that you get the best deals, and that you meet the legal requirements, so as not to fall foul of the law.

10. If you’re considering expanding the school, you’ll want to obtain planning permission, and to make sure that it is in the best interests of the school. There will also be construction and environmental laws that will need to be considered too.