Law & Courts

Supreme Court Mulls Teachers’ Duty in Reporting Abuse

By Mark Walsh — March 17, 2015 4 min read
  • Save to favorites
  • Print

The U.S. Supreme Court waded with trepidation early this month into the legal ramifications of educators’ interactions with students about possible abuse at home.

“Ohio’s teachers … are horrified to learn that the Supreme Court of Ohio [views] them no [differently] than cops when they’re talking to the children in their classrooms,” Matthew E. Meyer, an assistant prosecuting attorney in Cleveland, told the justices in oral arguments March 2.

The state is appealing a ruling by Ohio’s highest court that the state’s mandatory duty for teachers to report child abuse effectively turns them into agents of law enforcement in some situations.

Jeffrey L. Fisher, a Stanford University law professor who is representing a man convicted of child-abuse charges based largely on a 3-year-old victim’s statements to two of his day-care teachers, said he was not seeking to bar prosecutors from ever using the testimony of young victims of abuse.

“All we are asking for is that a state not to be allowed to have it both ways, introducing such evidence while at the same time prohibiting the defense from any form of confrontation whatsoever,” Mr. Fisher said during the arguments in Ohio v. Clark (Case No. 13-1352).

The state’s use of the child’s out-of-court statements violated the Sixth Amendment right of the defendant, Darius Clark, to confront the witnesses against him, Mr. Fisher argued.

Education Groups Concerned

The 3-year-old, identified as L.P., arrived at his Head Start center one day in 2010 with a bloodstained eye. Two teachers at the center questioned the boy about “who did this to you?” before L.P. identified Mr. Clark, who was his mother’s boyfriend.

The teachers, Ramona Whitley and Debra Jones, contacted Ohio’s child-welfare agency, as they were required to do under the state’s mandatory-reporter law. The agency’s investigation led to charges against Mr. Clark of felony assault and endangering children.

At Mr. Clark’s trial, L.P. was deemed unfit to testify, so prosecutors relied on the boy’s identification of Mr. Clark in the statements to his teachers.

The Ohio Supreme Court held in 2013 that the inability to cross-examine the child violated Mr. Clark’s confrontation-clause rights. The state high court went on to hold that the mandatory duty for teachers to report child abuse effectively made them agents of law enforcement because the state expected them to help identify the perpetrators of abuse.

The Ohio ruling was alarming to education groups, and the National Education Association, the American Federation of Teachers, and the National School Boards Association filed a friend-of-the-court brief urging the U.S. Supreme Court to reject that interpretation.

Mr. Meyer, arguing on behalf of Ohio, told the justices that “Ohio law does not impose upon any mandatory reporter a duty to investigate” suspected abuse.

The state had an ally in President Barack Obama’s administration, with the U.S. solicitor general’s office also arguing that the Ohio supreme court erred in finding that a mandatory-reporting duty turned teachers into the equivalent of the police.

“Teachers aren’t in the business of prosecution,” Ilana Eisenstein, an assistant to the U.S. solicitor general, told the justices. “They’re not in the business of collecting evidence.”

Gathering Evidence?

Some justices appeared concerned about the implications of viewing teachers as law-enforcement agents.

Justice Ruth Bader Ginsburg said that the first reaction of a teacher to signs of abuse is to “get that child out of harm’s way.”

“So the teacher, I would think, is not thinking about prosecution down the road,” she said, but rather, “ ‘What can I do to assure the safety of this child right now?’ ”

Justice Samuel A. Alito Jr. seemed to agree that criminal prosecution is not the first thing in a teacher’s mind in such a situation.

“The teacher is concerned about the safety of this child, period,” he said.

Mr. Fisher pointed to the advice the state of Ohio gives to teachers in a guide on the mandatory duty to report. The guide asks all mandatory reporters to gather “information which might be helpful establishing the cause of the abuse” and “the identity of the perpetrator.”

“So [the teacher] is gathering evidence,” Mr. Fisher said. “That’s what she’s told to do.”

Other justices seemed troubled that under the Ohio court’s ruling, a child’s statement to a teacher could be used in a criminal case without the accused having a chance for cross-examination.

Chief Justice John G. Roberts Jr. suggested that a line has been crossed when a teacher goes from asking, “Who did this to you?” and determining that person is not an immediate threat, to, “Has he done this before?”

The chief justice told Ms. Eisenstein that “it’s not related to the immediate concerns or immediate safety, but seems to be designed to compile a case.”

Justice Elena Kagan said that if the student were a 13-year-old instead of a preschooler and the teacher informed the student of her mandatory-reporting duty, “it’s pretty clear to both the teacher and the student that at the back of that conversation, is the presence of police.”

A decision is expected by late June.

A version of this article appeared in the March 18, 2015 edition of Education Week as Supreme Court Mulls Duty of Teachers in Abuse Reporting

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
The Principal's Role in Collective Efficacy and Student Outcomes
Learn practical strategies that help principals translate their confidence into stronger collective teacher efficacy and student outcomes.
Content provided by Otus
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Education Funding Webinar
What Schools Need to Know About the Federal Education Freedom Tax Credit
What schools need to know about the federal Education Freedom Tax Credit: A practical guide from a licensed teacher and policy expert.
Content provided by LearningSpring
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School Climate & Safety Webinar
Building Your School Safety Roadmap: Key Priorities for the Upcoming Year
What should be on your school's safety roadmap this year? Join experts to discuss priorities, preparedness, and best practices.
Content provided by Evolv Technology & IdentiSys

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Federal Court Ruling Paves Way for Jewish Charter School in Oklahoma
A federal judge cleared the way for a Florida-based Jewish charter school network to open in the state.
Lenzy Krehbiel-Burton, Tulsa World, Okla.
•
4 min read
WASHINGTON, DC - JANUARY 10: (L to R) Montana Attorney General Austin Knudsen, Oklahoma Attorney General Gentner Drummond, Missouri Attorney General Andrew Bailey and Frank O. Bowman III, professor emeritus of law, University of Missouri School of Law arrive to testify before a House Homeland Security Committee hearing titled "Havoc in the Heartland: How Secretary Mayorkas' Failed Leadership Has Impacted the States," at the U.S. Capitol on January 10, 2024 in Washington, DC. House Republicans have started their hearings into impeaching President Biden's Secretary of Homeland Security, Alejandro Mayorkas.
Oklahoma Attorney General Gentner Drummond, second from left, was a defendant in a lawsuit from the Ben Gamla Jewish Charter School Foundation challenging a decision from the state's charter school authorizing board that denied the group's bid to open a charter school.
Kent Nishimura/Getty Images
Law & Courts Trump Admin. Turns to Student Privacy Laws in Gender Identity Fights With Schools
The feds are increasingly citing student privacy laws in gender-identity battles with school districts.
8 min read
WASHINGTON, DC - AUGUST 17: The U.S. Department of Justice Building on August 17, 2026 in Washington, DC.
The U.S. Department of Justice Building on Aug. 17, 2026 in Washington. The Justice Department has teamed up with the U.S. Department of Education to fight school and state policies concerning transgender students it deems objectionable.
Anna Moneymaker/Getty Images
Law & Courts These Parents Want to Opt Their Kids Out of Ed Tech. Can They Win in Court?
Parents in a Pennsylvania district say ed tech distracts from more meaningful learning.
10 min read
Yair Lev stands by as a screen displaying an itinerary for a Lower Merion Board of School Directors meeting at the Lower Merion School District Administration Building on May 11, 2026, in Ardmore, Pa.
Yair Lev stands by as a screen displaying a document for a school district board of directors meeting at the Lower Merion school district administration building on May 11, 2026, in Ardmore, Pa. Lev is among a group of parents who have sued the Philadelphia-area school district seeking the ability to opt their children out of the required use of school technology.
Joe Lamberti/AP
Law & Courts Title IX Doesn't Require Transgender Athletes' Exclusion, Judge Rules
A federal judge dismissed a lawsuit from the Trump administration alleging California violated Title IX.
Kevin Rector, Los Angeles Times
•
4 min read
CLOVIS, CA MAY 30, 2026: Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, CA on May 30, 2026. Hernandez placed first in qualifying for the long jump on Friday. Hernandez competes in the finals on Saturday in the high jump, long jump and triple jump.
Transgender athlete AB Hernandez, center, competed in three qualifying events at the CIF State Track Championship in Clovis, Calif., on May 30, 2026. The Trump administration sued California over its policy allowing transgender girls to compete on girls' athletic teams. A judge has dismissed that lawsuit.
Tomas Ovalle / Los Angeles Times via Getty Images