Legal Question in Education Law in Massachusetts

Re: Teacher responsibility threatening verbal behavior student to student

This is a tough question given all the violence we've seen in the schools today.

Many school Districts have taken the position that threatening language at school should be treated very seriosly under the "Zero tolerance" disciplin policies.

Students are reported to administration and the threats are investigated fully to assure that it's "just talk".

It would seem that the prudent thing for any adult, teacher or otherwise to at least investigate the situation to avoid any possibility of tragedy.

Teachers can be held responsible both individually and in their official capacities for various acts and/or ommissions.

In the scenario described it would be very hard to answer the questions asked without more specific information. I would say it would be much better to err on the

side of safety. Teachers and admininistrators do have an affirmative duty to properly manage the children under thier care. They are mandated reporters.

Student's right to free speech is protected. However, the Courts have carved out exceptions for the school environment so as to allow administrators to provide a safe environment for thier students.