Intent important when deciding gifts for teachers

Some states are making the search for teachers’ gifts more of a headache this holiday season, but parents in South Carolina shouldn’t have to worry.

Ethics laws for public employees, including teachers, differ from state to state, with some setting monetary limits on gifts that the employees can accept, such as in Massachusetts where employees cannot accept gifts valued at more than $50.

Other states have tightened their laws, such as Alabama, which earlier this year made it illegal to buy public employees gifts of any value. For teachers, that included gift cards, but not edible items.

Such changes, meant more for free-wheeling politicos, have complicated what, for many students, is a seasonal expression of appreciation, but in South Carolina there is no hard, fast rule..

“Teachers are public employees, and the same gift laws relate to them as to any public employee. The only time there’s a prohibition is if the gift is given with the expectation of something in return,” said Herbert Hayden Jr., executive director of the S.C. State Ethics Commission. “However, we have always advised against accepting a gift if there’s any doubt in the mind of the receiver as to why the gift was given, or if it was from a vendor, and the teacher or the public employee or official may be involved in some activities involving that vendor. But otherwise, unless there’s some expectation of something in return – a quid pro quo – then there is no strict prohibition.”

Teal Britton, Horry County Schools spokesperson, said the law is designed so someone can’t buy influence, and she doesn’t think it is an issue here, especially in these hard economic times.

“The law is certainly not meant to discourage acts of kindness or small gifts of appreciation,” Britton said. “I think if you ask teachers, it is the sweet, heartfelt things made by the kids that are most appreciated.”

Britton said parents shouldn’t feel they have to bake or buy for just the teacher. She said they can consider making gifts in honor of someone, such as donating a book to their school’s library.

“It’s a gift that allows a lot of benefit, and the gesture is the same,” Britton said.

On Wednesday, Alabama teachers received a small move in their favor, according to a report from a Mobile, Ala., newspaper, which said the commission amended the law at its regular meeting after being inundated with calls. The report said gift cards will now be allowed as long as they are spent for the benefit of the classroom.