Teachers following Wisconson law may face criminal charges!?!

Started by DarklingAlice, April 07, 2010, 01:34:41 PM

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DarklingAlice

For every complex problem there is a solution that is simple, elegant, and wrong.


Neroon

I would say that it proves less that the prosecutor is an ass (though well he might be) and more that, as the saying goes, the law is an ass.  It highlights a need for the specific law to be adjusted in light of a change in circumstances and for specific detailed guidance to be given to teachers based on how the law is interpreted by the courts.  The phrase "amount to contributing to the delinquency of a minor if teachers know students are sexually active" is telling and mirrors the situation in the UK.

In the UK, there is a similar issue, since the Child Protection laws could lead to a teacher being prosecuted in a similar way.  However, the guidance given is very clear: in sex ed lessons, teachers teach the whole class and not individuals.  In this case, teaching an approved lesson will not lead to a teacher being prosecuted, as the teacher will not know if the class as a whole are sexually active.  If, however, a teacher offers one to one advice on sexual matters to specific pupils then that teacher is open to prosecution.  On the occasions students have asked me for advice, I have informed them of the law, told them that I have to report it to the Named Person wrt Child Protection and taken them to her office.  While there, such students can't help but notice the prominent poster showing the location the nearest family planning clinic.
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Trieste

*twitch... twitch... twitchtwitch*

We need to get the dirty fingers of politicians the hell out of our education system and hand it over to the educators who deserve to set policy. Make a panel of reps similar to the way our House is set up, from all over the country. Give them a budget. Let them go.

These educators should be a mix, note, of fresh graduates, moderately experienced teachers, and tenured professors.

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Revolverman

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Avi

This honestly makes me ashamed to be a Wisconsin native.  Seriously, this is 2010, not 1810.
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DarklingAlice

In the interest of fairness I should point out that (for once, thankfully) this is not a legislative problem. The state legislature are doing the responsible thing, so I don't think anyone should be ashamed to be a Wisconsin native. What we have here is a district attorney abusing his power for personal beliefs. The law of the state says that teachers need to teach responsible, complete sex education, it is the DA who is perverting his role as protector of the state law to make his, frankly idiotic, religious motivated, position known. It is a clear attempt to enforce his personal beliefs onto those counties in his district in direct defiance of the will of the state officials.
For every complex problem there is a solution that is simple, elegant, and wrong.


Sabby

Quote from: DarklingAlice on April 09, 2010, 03:15:30 PM
In the interest of fairness I should point out that (for once, thankfully) this is not a legislative problem. The state legislature are doing the responsible thing, so I don't think anyone should be ashamed to be a Wisconsin native. What we have here is a district attorney abusing his power for personal beliefs. The law of the state says that teachers need to teach responsible, complete sex education, it is the DA who is perverting his role as protector of the state law to make his, frankly idiotic, religious motivated, position known. It is a clear attempt to enforce his personal beliefs onto those counties in his district in direct defiance of the will of the state officials.

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Oniya

Not being from Wisconsin - was this guy elected or appointed?  I recall that it's different from one jurisdiction to another.

If he was elected, then the people in his district can reassert themselves at the polls next election.
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
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Jude

Quote from: DarklingAlice on April 09, 2010, 03:15:30 PM
In the interest of fairness I should point out that (for once, thankfully) this is not a legislative problem. The state legislature are doing the responsible thing, so I don't think anyone should be ashamed to be a Wisconsin native. What we have here is a district attorney abusing his power for personal beliefs. The law of the state says that teachers need to teach responsible, complete sex education, it is the DA who is perverting his role as protector of the state law to make his, frankly idiotic, religious motivated, position known. It is a clear attempt to enforce his personal beliefs onto those counties in his district in direct defiance of the will of the state officials.
I don't think that's accurate (based on my understanding of your language which seems a bit unclear what you're trying to imply with the word 'need').  The law doesn't mandate the teaching of sex education, it merely lays out guidelines for if sex education is taught (at least that's what I've read in several news stories).  It basically steers away from abstinence-only education and biased education from an anti-sex point of view.  The particular article linked to says this:
QuoteWisconsin school districts aren't required to teach sex education. But the new law, which took effect March 11, lays out requirements for those that do, including teaching the benefits of abstinence, criminal penalties for having underage sex and the benefits and proper use of contraceptives.
You can follow the law and follow this guy's directive, it just means not talking about sex education at all.  That seems to be his goal with this:  force educators not to teach sex ed by making a threat of prosecuting people who teach it according to the only standards which are legal by state law.

I wonder if this is something that the state supreme court will have to take up?

DarklingAlice

Jude, to clarify. The legislature has taken a responsible step in setting standards for the teaching of sex education that go beyond abstinence only. They should be commended for this. If sex education is taught, it must be complete. This is the law. It is still up to the school whether or not to include that class in their curriculum. I presume that this is because determining what classes a school should and should not offer might be seen as the legislature overstepping its bounds and tampering too much with the school districts and boards. I could be wrong on that, I have no expertise in the history and nature of Wisconsin politics. Regardless the legislature has made a smart decision and a positive move in applying standards, and should be praised for that.

The blame for this situation falls on the DA. His goal is definitely to try to force schools not to teach sex ed. Which is a clear overstepping of his duties and powers. This will not make it to the state supreme court. This will most likely never make it to court. He knows he doesn't have a chance and is merely posturing.
For every complex problem there is a solution that is simple, elegant, and wrong.


Valerian

Quote from: Oniya on April 10, 2010, 07:27:41 PM
Not being from Wisconsin - was this guy elected or appointed?  I recall that it's different from one jurisdiction to another.

If he was elected, then the people in his district can reassert themselves at the polls next election.
It's an elected position, though sadly, I live in the wrong part of the state to be able to vote against him myself.  *sigh*
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PaleEnchantress

My views on this are very similar to Alice's. This is a an abuse of power by the DA and possibly even a stunt to draw attention to something he wants to be brought into the limelight. I know when I was going to school any sex ed class (especially before high school age) required a permission slip signed by the parent for the child's attendance.

I also agree that the legislation's guidelines are a good thing. Trieste of course had the best idea. Why is education something politicians have more control over then teachers? (Rhetorical question)
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Oniya

Quote from: PaleEnchantress on April 15, 2010, 10:27:19 AM
I know when I was going to school any sex ed class (especially before high school age) required a permission slip signed by the parent for the child's attendance.

This is something that is so rarely brought up.  I know that this was the case when I was in 7th grade and up (That was when they started getting concerned about previously uninformed girls freaking out over their period). 
"Language was invented for one reason, boys - to woo women.~*~*~Don't think it's all been done before
And in that endeavor, laziness will not do." ~*~*~*~*~*~*~*~*~*~*~Don't think we're never gonna win this war
Robin Williams-Dead Poets Society ~*~*~*~*~*~*~*~*~*~*~*~*~*~Don't think your world's gonna fall apart
I do have a cause, though.  It's obscenity.  I'm for it.  - Tom Lehrer~*~All you need is your beautiful heart
O/O's Updated 5/11/21 - A/A's - Current Status! - Writing a novel - all draws for Fool of Fire up!
Requests updated March 17