We're from the government and we're here to help....

In the sense that confessing to a crime is not the same as committing it?

In those cases, the parents won't need a questionnaire to find out their kid is drinking.

But this information is going to parents. A confession is about equal to a conviction.

Batavia school board disciplines teacher after survey flap
School board says he ‘mischaracterized’ intentions of survey
5/29/2013
By Susan Sarkauskas

The Batavia school board Tuesday disciplined high school teacher John Dryden, saying he had “mischaracterized” the intentions of teachers and administrators when he advised students they had the right not to incriminate theselves, before administering a survey about risky behavior.

Only one board member, Jon Gaspar, voted “no.” He declined to specify why he voted that way, other than to say it was due to his “feelings.”

Dryden will receive a letter of remedy, which outlines certain actions he must do or face more consequences. Superintendent Jack Barshinger declined to specify what the remedies are, asking instead that reporters request the document via Freedom of Information Act requests.

Dryden, a social studies teacher, told three of his classes that they had a Fifth Amendment right to not incriminate themselves when they took a social-emotional learning survey April 18. Some of the 34 questions asked students about their drug and alcohol use, as well as about their emotions. Their names were on the surveys, as it was intended to identify students who could use help, according to school district officials. Those whose answers raised red flags were called in to the school’s student services workers, including social workers and counselors.

Barshinger said there was no Fifth Amendment issue, for several reasons. Once students’ names were on them, he said, they would have become student records and subject to student privacy laws. And students cannot incriminate themselves because, even if the district shared the information with police, police can’t prosecute based on that, he said. They are only allowed to arrest students if they are harming other students, such as in a fight, or if the student is in possession of drugs or alcohol, Barshinger said.

Board president Cathy Dremel, speaking on behalf of the board, said Dryden “mischaracterized” the efforts of fellow teachers and administrators, some of who had worked on a committee for a year to find a survey instrument that would assess students’ risky behavior.

“The board will not support any employees giving students false impressions about those who come here every day” to work for their best interests, she said.

Dryden met with the board in closed session for at least an hour. He was not there when the board voted.

Several speakers told the school board Tuesday that rather than being disciplined, Dryden should have been praised for reminding students they have the right to not incriminate themselves.

“I thought it was too personal. I felt like if you really want to know what is going on in our heads, call us down individually to meet with a professional,” said Nick Kelly, student board member, who refused to take the survey.

“I think he was right in what he did. I think he gave them a real-life lesson,” said resident Greg Chapman.

“You really did do a well-intentioned thing; I think you could do it better,” said former student Joe Bertalmio, who had spread the word on Facebook about Dryden’s situation.

Dryden did not address the board in its public session Tuesday. In a Daily Herald article, he said that if he had seen the survey earlier, he would have asked administrators about his concerns.

“We as teachers were put in a situation where we were forced to react, Things were not communicated very well, students were apprehensive and had questions, and we couldn’t give answers,” said Scott Bayer, a social studies teacher and wrestling coach at the high school.

Several parents said they had not received notice from the district that they could choose to not have their child take the survey. The district sent the notice via email. Meg Humphrey, a biology teacher at the high school and parent of a student, said she was worried about the privacy of the information, particularly since the survey and its results are shared with the private company that sold the survey.

“I was not made aware a survey was going to be issued to my son, and basically was not given any opportunity to protect his privacy rights,” she said.
http://www.dailyherald.com/article/20130529/news/705299912/

If that were the case, then this teacher was suggesting to his students that they conceal information from their parents "by taking the 5th"--and I don't think that's an appropriate message to be sending either.

In a discussion, any discussion, revolving around drugs the message "think about the consequences of your actions" is appropriate.

I think there can be problems with a survey of this sort, particularly when the respondents do not have anonymity. But, if the goal is to try to identify and help those who might be having substance abuse problems, you'd want to know who they are.

Dryden was correct in reminding them of their constitutional rights, particularly in light of the fact that not all parents were aware of the survey.

The Fifth Amendment (Amendment V) to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure
http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution

This survey had nothing to do with the students possibly being arrested, or prosecuted, for anything they admitted to on that survey, which is why it's not a Fifth Amendment issue.

according to those who were giving it the intent was to separate substandard Americans from the herd for special treatment from agents of the state.

I'd be worried about a social studies teacher, who teaches the Bill of Rights, and who thinks the Fifth Amendment even applied in the situation of responding to the questionnaire

Another Batavia High School teacher, Scott Bayer, said Dryden was not alone in thinking it was important to let students know they were not obligated to answer the questions if doing so involved admitting crimes.

"Every teacher I talked to addressed students in the same way," he said. Perhaps we can expect more written warnings of improper conduct.

After picking up the survey forms from his mailbox about 10 minutes before his first class of the day, John Dryden noticed that they had students' names on them and that they asked about drinking and drug use, among other subjects. Dryden, who had just finished teaching a unit on the Bill of Rights, worried that students might feel obliged to incriminate themselves—an especially ticklish situation given the police officer stationed at the school.

apparently other teachers did the same thing - from the original link

I think it's crazy that the school board thought the survey was appropriate in any way.

Why is it inappropriate to survey students about their risky behaviors? How can you get the data, to determine if there is a problem, or the extent of the problem, and whether better student services are needed, if you don't ask the questions?

And only one member of the school board voted not to reprimand that teacher--so they generally agreed he did not handle the matter appropriately.