학생지도시 교사의 권한과 권리
학생 지도상의 법률적 권한 명시
- The Education and Inspections Act 2006에 교칙위반, 지시 불복종, 기타 용인될 수 없는 행동을 한 학생에 대한 교사들의 구체적인 지도 권한을 명시하고 있음
- 이러한 권한은 교사뿐만 아니라 보조교사에게도 적용됨
- 학교 내에서의 행동과 학교 밖의 교육활동 중의 행동뿐만 아니라 학교 밖에서의 전반적인 행동에 대해서도 지도할 권한이 있음을 명시하고 있음(예: 등하교 시간의 나쁜 행동을 본 교사는 학생들에게 그러한 행동을 중지할 것을 명령할 수 있고, 학교에 돌아와서 이를 처벌할 수 있음)
나쁜 행동(Bad Behaviour)에 대한 처벌 방법들
- 교사는 착한 행동을 장려하고 나쁜 행동을 벌할 권한은 갖고 있으며, 모든 학교는 명문화된 학생 생활규범과 교사의 지도 지침을 마련해야 함
- 활용할 수 있는 처벌 방법들 : 일대일 훈계, 수업 및 학교활동에서의 추방, IT 기자재 사용 금지, 수학여행 혹은 스포츠 행사 참석 금지, 중간 휴식시간 및 점심 휴식 시간 박탈, 학교내의 봉사활동 부여, 방과후 학교 잔류(detention), 압수(confiscation), 정학 및 퇴학(exclusion) 등
방과 후 지도(detention)
- 학교의 생활규범에 명시되어 있으면 어떤 학생이라도 학교에 남게 할 수 있음
- 학부모에게는 24시간 이전에 문서로 계획을 통보해야 함
- 이러한 방과후 지도가 가정에 중대한 문제를 야기시키는 경우에는 학부모는 학교 측에 사실을 알릴 수는 있지만 학교의 결정을 완전히 뒤집을 수는 없음
- 학생들이 갖고 있는 부적절한 물품을 압수할 수 있는 법률적 근거
- 합리적인(reasonable) 범위 이내에서 해당 품목을 학교에서 보관하거나 처분할 수 있음
- 소지 불가 품목의 범위는 학교의 생활지도 규정(discipline and behaviour policy)에 의거함
정학, 퇴학 (exclusion)
- 필요할 경우 학교장은 정학과 퇴학을 시킬 권한을 갖고 있음
수색 (searching pupils and their possessions)
- 합당한 사유가 있을 경우 학교장은 본인의 동의 없이도 학생 본인과 학생의 물품(가방, 사물함 등)에 대하여 수색을 지시할 수 있음
- 수색 권한은 학교장에게 부여된 권리이나 의무는 아님
- 수색에 필요한 적절한 물리력(reasonable force)을 사용할 수 있음
- 이 권한은 현재는 무기를 수색하는데 국한되어 있으나 술, 마약 등에 대해서도 수색을 할 수 있도록 법을 개정하고 있음
- 수색은 보통 교사 이외의 직원이나 안전요원 등에 의해 실시되며 교사에게 수색을 하도록 지시할 수는 없음
- 교사는 학생들에게 호주머니에 든 물건을 보여줄 것을 명령할 수 있으며 이를 거부할 경우 처벌할 수 있음
무기 검색(screening pupils for weapons)
- 학교 당국이나 경찰은 무기검색봉 혹은 무기검색대를 사용하여 학생들을 검색할 수 있음
- 무기 검색은 보통 교사가 아닌 직원 혹은 안전요원에 의해 시행되며 교사에게 이를 실시하도록 지시할 수 없음
물리력 사용 (use of force to control or restrain a pupil)
- 학생의 범죄 행동, 재산 훼손, 질서파괴 등의 행동을 제어하기 위하여 교사나 교장은 적절한 물리력을 사용할 수 있음. 수업 중 교실 밖으로 나가라는 지시를 따르지 않을 경우 같은 경우에도 물리력을 사용할 수 있음
- 새로 개정되는 법률에서는 학생의 행동을 제어하기 위하여 물리력을 사용한 중대한 사건의 경우 이를 기록하고 보고하도록 하고 있으며, 물리력 사용에 관한 사항도 학교 생활규범에 포함시키도록 함
NASUWT의 「School Discipline : your powers and rights as a teacher」
– NASUWT 배포 자료 –
Teachers and head teachers have more legal powers than ever before to discipline pupils. This leaflet highlights the main rights and powers now available to teachers, so as to support work in managing pupil behaviour.
Power to discipline
The Education and Inspections Act 2006 included, for the first time, a specific power for teachers to discipline pupils . for breaking a school rule, failure to follow instructions or other unacceptable behaviour. It applies at any time a pupil is in school or elsewhere under the charge of a teacher, including where a pupil is participating in an educational visit. The power also applies to other staff with responsibilities for controlling pupils, such as teaching assistants.
Power to discipline pupils for misbehaviour outside the school gate
Schools’ discipline and behaviour policies may allow teachers to regulate the conduct of pupils when they are off school premises and not under the control of school staff. So, for example, the policy might provide that a teacher who encounters pupils behaving in an unacceptably rowdy manner on their journeys to and from school, may require them to stop behaving in this way. The teacher could then discipline those pupils, as appropriate, on their return to school.
Punishing poor behaviour
Teachers have powers both to encourage good and punish poor behaviour. Every school should have an agreed behaviour policy which should provide staff with a framework for managing pupil behaviour, including the use of rewards and sanctions. Reasonable punishments you might use include, for example:
- one-to-one admonishment
- removal from the group (in class)
- withdrawal from a particular lesson or peer group
- withdrawal of access to the school IT system
- withdrawal of participation in a school trip or sports event that is not an essential part of the curriculum
- withdrawal of break or lunch-time privileges
- carrying out a useful task in the school
- detention (see further below)
- confiscation (see further below)
Any pupil under 18 can be put in detention. assuming this is part of your school’s behaviour policy. Parents need to be given 24 hours written notice if the detention is outside normal school hours, for safety reasons. They can let you know if this will cause the family a particular problem, but cannot over-rule your decision.
There is now a specific legal defence for confiscating an inappropriate item from a pupil where the item is confiscated lawfully. This includes a defence for confiscation, keeping hold of the item and disposing of it provided the actions taken are reasonable. It covers confiscation, keeping hold of, and disposing of any item where the school’s discipline and behaviour policy allows this.
The head teacher has the power to exclude pupils if necessary. This can be for a fixed period or permanently. The government’s guidance to independent appeals panels emphasises that appeals should not be overturned purely on technicalities, or where there has been violence or a threat of violence.
Searching pupils and their possessions
The head teacher can authorise a search of pupils or their possessions (including bags and lockers) without their consent if there are reasonable grounds for doing so. The conduct of pupil searches is a power available to head teachers, not a duty. Reasonable force may be used to execute the search. At present this power only applies to searching for weapons but the law is being extended to cover also alcohol, controlled drugs and weapons. Normally, the conduct of pupil searches is undertaken by staff other than teachers, including staff employed specifically for this purpose such as security staff. Teachers cannot be required to undertake searches of pupils. Teachers can also instruct a pupil to turn out their pockets, and punish them if they refuse to do so. The police should be called where there is a potential danger or risk to personal safety of the teacher or the pupil.
Screening pupils for weapons
School staff or the police can screen pupils for weapons, using portable “wands” or weapons screening arches. Normally, the screening of pupils is undertaken by staff other than teachers, or by security staff. Teachers cannot be required to undertake screening of pupils for weapons.
Use of force to control or restrain a pupil
Teachers and head teachers can use reasonable force to control or restrain a pupil if this proves necessary to stop a pupil committing a criminal offence (or for younger pupils what would be a criminal offence), causing injury or damage to property, or prejudicing good order and discipline . for example if a pupil refuses to leave a classroom when ordered to do so. New legislation will require all schools to record and report any ‘significant’ incidents where a member of staff has used force to control or restrain a pupil. The new legal requirements will help to protect teachers and other authorised staff on the use of force. Schools should adopt a policy on the use of force, the details of which should be communicated to permanent and temporary staff (including supply teachers).
Teachers cannot teach and pupils cannot learn where there is not good order in schools. Teachers have a right to expect appropriate support from governing bodies, school senior management, parents and from certain services outside the school. There is an expectation, too, that schools will back staff in their use of appropriate disciplinary powers.
Right to be consulted on the school behaviour policy
The governing body is legally required to consult staff . as well as parents and pupils . on the school behaviour policy. This should be done every time the school’s policy is updated. DCSF guidance, to which governing bodies are required to have regard, draws attention to the need to include in the consultation staff and union representatives.
Respect for your professional role as a teacher and your workload
Your school needs to ensure that your role in school discipline matters is consistent with your statutory and contractual terms and conditions of employment, including the School Teachers’ Pay and Conditions Document.
Teachers’ professionalism depends upon being valued and respected. It means that pupils should be ready to learn and that schools should act to address problems of low-level classroom indiscipline, and also prevent and respond to violent and abusive behaviour by pupils.
Staff should expect their professional judgement to be supported, including appropriate access to training and professional development.
Right to a safe working environment
There is a range of legislation to protect you against work-related harassment, malicious allegations and defamation. Governing bodies, as employers, are required to take reasonable steps to ensure, insofar as practicable, a safe working environment for staff. Teachers should expect reasonable steps be taken to prevent and tackle any bullying or harassment whether this occurs on or off the school premises or during term times.
Schools should act to prevent the misuse by pupils of the internet, mobile phones or other technology to ridicule or attack staff. School management now have access to DCSF guidance on tackling cyberbullying of teachers.
Any person causing a nuisance or disturbance on school premises may be removed and prosecuted. Local authorities and governing bodies have legal powers to prohibit access to school premises. Where a person threatens or assaults a member of staff that can be reported to the police.
Engagement of parents There are a range of means for your school to engage parents and carers such as on-line reporting and ? for parents who need support in managing their child’s behaviour ? parenting contracts, parenting orders and penalty notices. The penalty is ￡50 rising to ￡100 if not paid in 28 days, after which the parent will be prosecuted.
When a pupil has had a fixed-period exclusion, it is a legal requirement for the parent or carer to attend a reintegration interview.
Parents are legally responsible for ensuring that pupils attend school regularly and turn up on time.
Support from other schools
Almost all maintained secondary schools and Academies are now in local partnerships for improving behaviour and tackling persistent absence and this will soon be a legal requirement. Behaviour and Attendance Partnerships help share resources and expertise in managing the most challenging pupils, including arranging managed moves and referrals to alternative provision as appropriate. The partnerships are also being encouraged to develop links to primary schools.
Support from the police
Every school has now been given a nominated police contact. Many schools, or groups of schools, have their own allocated police officer regularly visiting or based in them under a Safer School Partnership (SSP). SSPs also facilitate support from other agencies such as youth offending teams and probation services. The government has made clear that SSPs should become the norm in schools.
Police can help, for example, with the screening or searching of pupils; tackling gang culture and other crime issues; and truancy sweeps.