Education Week - February 25, 2015 - 27

Columbia had enacted such a law,
typically covering medical professionals,
educators, and social workers.
(Eighteen impose a reporting
duty on anyone who suspects abuse
of a child.)
The nea's Mr. Walta says the laws
have had a focus on child protection,
not on criminal prosecution.
The laws are also structured in a
way that does not deputize teachers
and other school personnel as lawenforcement
agents when it comes
to suspected child abuse.
"Treating teachers, administrators,
and other school personnel who
have this mandatory-reporting duty
as law-enforcement personnel would
compromise the integrity of the process,"
Mr. Walta said. "It would compromise
interactions between teachers
and kids. And it would mean
that when a student is talking to
his teacher, he is effectively talking
to the police."
The friend-of-the-court brief from
the three education groups also
notes that educators are not trained
as police officers. Treating them as
law-enforcement agents under the
confrontation clause could lead to
court rulings that would consider
them as such for the constitutional
rights of students, such as search
and seizure and self-incrimination,
the brief says.
Ohio Guidelines
Mr. Fisher, of Stanford Law School,
counters that the facts of Mr. Clark's
case demonstrate that L.P.'s teachers
were not merely questioning the boy
to make sure he was out of danger,
but to elicit who the perpetrator of
the abuse was and pass that information
along to the authorities.
The teachers' report of abuse directly
triggered an investigation by
the Ohio Department of Child and
Family Services in conjunction with
the police, which led to Mr. Clark
being charged and convicted.
Mr. Fisher also points to guidelines
that Ohio provides to educators about
their duty to report abuse.
The guidelines, among other things,
instruct teachers generating reports
of child abuse to provide "as much
information as you can," including
"when and where the alleged abuse
... occurred," "the circumstances surrounding
the alleged abuse," and "the
identity and current whereabouts of
the alleged perpetrator."
"There is no doubt that teachers
Educators' Views Vary in Health-Care Law Dispute
By Mark Walsh
The Affordable Care Act returns to the U.S.
Supreme Court next week, and educators are
watching from several perspectives.
The justices on March 4 will weigh whether
President Barack Obama's administration
overstepped its authority when it extended
subsidies to those who live in states that did
not create their own insurance marketplaces
under the landmark health-care law.
Critics of the president's signature law, who
have been relentless in trying to overturn it
or slow it down, view the case of King v. Burwell
(No. 14-114) as one of their best hopes for
doing just that. A decision by the high court
ending subsidies for participants in 34 states
would seriously hobble the overall law, analysts
say.
Substitute Teacher a Challenger
One of the four challengers in the King
case is Brenda Levy, a 64-year-old substitute
teacher from Richmond, Va. She averred in
a 2013 court document that she expected
to earn $43,000 in 2014, but with no workplace-based
health insurance.
That income would exempt her from the
aca's requirement to purchase health insurance-except
for the fact that, under the
contested Internal Revenue Service rule,
the federal health-insurance exchange offers
subsidies to residents of Virginia and the
other states that have declined to establish
their own exchanges.
"Absent any eligibility for federal subsidies,
I would be exempt in 2014 from the individual
mandate penalty," Ms. Levy said in
the 2013 legal declaration. "Thus, if I am eligible
for a federal subsidy in 2014, I will be
forced either to pay a tax penalty or to buy
Affordable Care Act-compliant health coverage
for 2014. ... I do not want to purchase
aca-compliant health coverage in 2014."
Ms. Levy and three other individuals are
challenging the irs rule in the King case.
They argue that language in the healthcare
law limits subsidies to those purchasing
insurance through, as the law puts it,
"exchanges established by the state."
The U.S. Court of Appeals for the 4th Circuit,
in Richmond, upheld the Obama administration's
interpretation that the aca permits
subsidies for those buying insurance through
the federal HealthCare.gov exchange.
The case has attracted hundreds of pages
of briefs from interested groups. But in recent
weeks, some news outlets have raised
questions about the legal standing of the
four Virginia challengers, including Ms.
Levy. Two of the other challengers are apparently
Vietnam War veterans and potentially
eligible for coverage and care from the
U.S. Department of Veterans Affairs. A third
challenger has faced questions about her
residency in Virginia.
Meanwhile, The Wall Street Journal visited
Ms. Levy at her Richmond home, where
she told its reporters that she had little
knowledge of the case and had been told
by the lawsuit's organizers not to discuss
it. The paper quoted a spokesman for the
Chesterfield County, Va., public schools as
stating that Ms. Levy earned about $10,000
annually from her substitute teaching position
there. If that were her total income,
she would not be subject to a penalty for not
purchasing insurance under the aca.
It was unclear whether Ms. Levy's projection
of $43,000 in income for 2014 included
additional sources of pay. She couldn't be
reached for comment.
Standing on the sidelines of the King case
is a group of 39 Indiana school districts,
which are pressing a separate lawsuit that
challenges the irs subsidy rule over its impact
on employers.
The districts say that distribution of subsidies
under the federal exchange in a state
such as Indiana, which does not have its own
exchange, triggers a provision of the aca that
requires employers with 50 or more workers
to provide minimum coverage to those who
work 30 or more hours a week, or else pay a
penalty. (See Education Week, Jan. 7, 2015.)
The Indiana suit is on hold in the federal
district court in Indianapolis because its
outcome could be affected by how the Supreme
Court rules in King, said W. James
Hamilton, an Indianapolis lawyer representing
the school districts. Along with the state
of Indiana, the districts have filed a friendof-the-court
brief on the side of those challenging
the law in the Supreme Court case.
Many of the Indiana districts have reduced
the working hours of instructional aides, substitute
teachers, cafeteria staff members, bus
drivers, coaches, and others to fewer than 30
hours per week to avoid the penalties under
the aca's so-called employer mandate.
Asked why Indiana school districts have
been at the forefront of challenging the law's
application and not those in other states, Mr.
Hamilton said, "Public schools in Indiana
are a very well-connected, mobilized group.
We want the problem fixed with this law,
and we don't care how it gets done."
NEA Weighs In
On the other side, the National Education
Association filed a friend-of-the-court brief
in the King case in support of the aca and
the Obama administration's subsidy rules.
"Nea's members include many low-income
education support professionals-such as
school bus drivers who safely transport our
children to and from school, janitors who
clean our schools, and cafeteria workers who
nourish our children," the union's brief says.
"Many of these individuals have benefitted
immensely from the aca's integrated scheme
for expanding affordable coverage."
In addition, the nea says, the law is helping
improve health care for children, and
the challenger's interpretation of the aca's
language is mistaken.
Jason Walta, the nea's senior counsel, said
the union is concerned that a few districts
have reduced hours for some school personnel
to avoid penalties, "but any concern we
have about that doesn't mean we want to see
the aca scuttled."
address everyday bumps, scrapes,
and disciplinary issues without any
thought of law enforcement," Mr.
Fisher said. "But teachers, like police
and others, act with different
motives at different times."
Mr. Murphy, the Ohio state solicitor,
points to different passages of
the state guidelines on mandatory
reporting for educators, including
one that tells them, "It is not your
responsibility to determine if abuse
or neglect is in fact occurring or if
any of the circumstances surrounding
suspected incidents of abuse or
neglect actually happened."
Another passage says, "Since it is
the responsibility of the [social-service
agency] to investigate alleged
child abuse and neglect, school personnel
shall not pressure the child
to divulge information regarding
specific circumstances or the identity
of the alleged perpetrator."
"The mandatory duty is a duty to
report, not a duty to investigate,"
Mr. Murphy said. "I think that is a
critical distinction."
Richard D. Friedman, a law professor
at the University of Michigan,
has written widely about the
confrontation clause and even runs
a blog devoted to such issues, The
Confrontation Blog.
He filed a friend-of-the-court
brief, with another professor, on
Mr. Clark's side that says statements
by very young children may
often be probative of the alleged
crime, but "are far from certainly
accurate."
"When you have a 3-year-old, that
child is not capable of being a witness
for the purpose of the confrontation
right," Mr. Friedman said in an interview.
"To be a witness involves some
understanding of the consequences of
one's statements. That requires a lot
more sophistication than a 3-year-old
is likely to have."
A decision in the case is expected
by late June.
REPORTING ABUSE AND NEGLECT: ONE STATE'S GUIDELINES
A case in the U.S. Supreme
Court involves a teacher's duty
to report suspected child abuse
and neglect. A booklet from the
Ohio Department of Job and
Family Services serves as a
reference for educators on the
legal definitions and indicators
of abuse and neglect, as well as
reporting procedures. Both sides
of the Supreme Court case point
to one or more of the procedures
as bolstering their case.
Among Ohio's reporting procedures:
* Any school employee who has reason to believe that a child is being, or has been, abused or neglected shall immediately make an oral report of that
suspicion to the local public children's services agency. The report should include, among other information, the following:
- The identity of the caretaker or guardian of the alleged child victim.
- When and where the alleged abuse or neglect occurred, the type, extent, and duration of the alleged abuse or neglect, and the child's current condition.
- The identity and current whereabouts of the alleged perpetrator, the relationship of the alleged perpetrator to the child victim, and the access he
may have to the child. (Note: This is a key phrase pointed to by the criminal defendant to suggest teachers are serving as agents of law enforcement.)
* Immediately after making the report, the school employee shall notify the school principal that a report has been made.
* The oral report shall be followed up with a written report within five working days. That report could include additional helpful information from school
records, such as the name of the family physician or other reports the school has made regarding the child.
* The booklet says that "since it is the responsibility of the [children's service agency] to investigate alleged child abuse and neglect, school
personnel shall not pressure the child to divulge information regarding specific circumstances or the identity of the alleged perpetrator."
(Note: This is a key phrase pointed to by the state to say that teachers are not being asked to serve as agents of law enforcement.)
SOURCE: Ohio Department of Job and Family Services, Education Week.
http://www.HealthCare.gov

Education Week - February 25, 2015

Table of Contents for the Digital Edition of Education Week - February 25, 2015

Some States Put Parents In Charge of Pupils’ Aid
Common Core Dinged On High School Math
Children of Inmates Seen at Risk
Education Week - February 25, 2015
High Court to Consider Abuse Case
Contents
Report Roundup
News in Brief
As Common-Core Testing Season Begins, Some Teachers Feel Pressured to Cover Content
Different Measures Show Graduation Rates on the Rise
Academy for Elite Teachers Aims To Set a Higher Bar for PD
Amid Change, Lab Schools Seek New Missions
DIGITAL DIRECTIONS: Forum Coaches Ed-Tech Vendors On Data-Privacy Issues
Blogs of the Week
Testing Drama Latest Tension In Indiana K-12
New SIG Rules Offer Leeway Beyond Turnaround Program
Teachers’ Unions Press Congress On Priorities in Rewriting NCLB
Blogs of the Week
State of the States
DAVID PERRIN: A Coach With the Heart of an English Teacher
LYDIA CARLIS: Poor, Black, and Illiterate: Annie’s Hard-Knock Life
Letters
TopSchoolJobs Recruitment Marketplace
JACK JENNINGS: Shifting School Reform From the Negative to the Positive
Education Week - February 25, 2015 - CT1
Education Week - February 25, 2015 - CT2
Education Week - February 25, 2015 - High Court to Consider Abuse Case
Education Week - February 25, 2015 - 2
Education Week - February 25, 2015 - Contents
Education Week - February 25, 2015 - News in Brief
Education Week - February 25, 2015 - 5
Education Week - February 25, 2015 - As Common-Core Testing Season Begins, Some Teachers Feel Pressured to Cover Content
Education Week - February 25, 2015 - 7
Education Week - February 25, 2015 - 8
Education Week - February 25, 2015 - Different Measures Show Graduation Rates on the Rise
Education Week - February 25, 2015 - Academy for Elite Teachers Aims To Set a Higher Bar for PD
Education Week - February 25, 2015 - 11
Education Week - February 25, 2015 - Amid Change, Lab Schools Seek New Missions
Education Week - February 25, 2015 - 13
Education Week - February 25, 2015 - DIGITAL DIRECTIONS: Forum Coaches Ed-Tech Vendors On Data-Privacy Issues
Education Week - February 25, 2015 - Blogs of the Week
Education Week - February 25, 2015 - 16
Education Week - February 25, 2015 - 17
Education Week - February 25, 2015 - 18
Education Week - February 25, 2015 - 19
Education Week - February 25, 2015 - 20
Education Week - February 25, 2015 - New SIG Rules Offer Leeway Beyond Turnaround Program
Education Week - February 25, 2015 - Blogs of the Week
Education Week - February 25, 2015 - 23
Education Week - February 25, 2015 - State of the States
Education Week - February 25, 2015 - 25
Education Week - February 25, 2015 - 26
Education Week - February 25, 2015 - 27
Education Week - February 25, 2015 - LYDIA CARLIS: Poor, Black, and Illiterate: Annie’s Hard-Knock Life
Education Week - February 25, 2015 - Letters
Education Week - February 25, 2015 - 30
Education Week - February 25, 2015 - 31
Education Week - February 25, 2015 - TopSchoolJobs Recruitment Marketplace
Education Week - February 25, 2015 - 33
Education Week - February 25, 2015 - 34
Education Week - February 25, 2015 - JACK JENNINGS: Shifting School Reform From the Negative to the Positive
Education Week - February 25, 2015 - 35
Education Week - February 25, 2015 - CT3
Education Week - February 25, 2015 - CT4
Education Week - February 25, 2015 - S57
Education Week - February 25, 2015 - S59
Education Week - February 25, 2015 - S60
Education Week - February 25, 2015 - S58
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