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Shara Johnson's School Law Page               



Questions from Classroom

1.) I noticed that Mr. James is a biology teacher not necessarily a chemistry teacher. First of all, when the boys dropped the test tube Mr. James should have aided them cleaning it up AND should have ensured that this area was safe for the next class. Secondly, the student who had the glass in her foot should have been sent to someone trained in first aid to look at her foot.

I would have the conversation with Mr. James regarding his actions and inform him of the severity if a negligence claim was made. If he isn't endorsed in chemistry, I would move him or shuffle the staff cards a little. I would document the incident and place it in his file.

2.) It was the administrators responsibility to communicate with Margaret's teachers regarding her condition. An action plan should have been created. With "Attack on Asthma" procedures this plan may have been  beneficial in preventing this occurence. However, Mr. Jerell's actions were innapropriate and would be found negligent in providing a safe environment for Margaret.

As the administrator I would conference wit Mr. Jarrell and impress on him the importance of keeping our kdis safe and that he had been negligent in doing so. I would document the meeting and the incident and place it in his file.

3.)There are several things that occurred that are innappropriate in this scenario. First of all, Mrs. Hyatt shouldn't have ased a student to retrieve anything, let alone student records (invasion of privacy) without proper supervision. She would be found negligent of providing supervision. Also, keys to an automobile should not have been in the possession of a student under no circumstances.

As the principal I would prepare for a lawsuit to be filed by the parents:). Asking a student to retrieve something from a vehicle without supervision seems harmless. Ms. Hyatt wouldn't have dreamed that the student would drive her car, let alone crash into another vehicle; these were not her intentions. As a principal I would conference with the teacher and inform her of the legal ramifications of the incident. I would place documentation in her file regarding the incident. I'm not sure what the appropriate action might be further than this. I don't believe her personal actions deserve a loss of employment, bu that there should be some sort of retribution. On the other hand, if you penalize her by suspension you are also penalizing the students by removing a valuable staff member and replacing her with an insufficient member.. I think I would keep her in school and hope she has learned her lesson.

 

4.) Primarily there shouldn't be studnets participating in this sort of activity without supervision. Because there is high physical activity there is a higher standard of care owed to these students. The fact that Mr. Hall doesn't intervene or stay and supervise would be negligent on his part. Because he is an employee of the district it is ultimately his responsibility to supervise students in and outside of his classroom walls. On the other hand, these are high school students who are making decisions to partake in risky behavior; the blame shouldn't lay solely on the shoulders of Mr. Hall.

Once again I would meet with Mr. Hall, investigate the incident and upon conclusion explain the responsibilities of supervision as a faculty member. As in Fagan v. Summers1 it is ludicrous to think that every injury can be foreseen. However, Mr. Hall owes these kids supervision and he needs to be responsible in doing so and intervening.

1 Fagan v. Summers, 498 P.2d 1227(Wyo. 1972)

5.) I question two things 1.)whether Ms. Clark had asked for explanation of the failing grade prior to the confrontation 2.) Had I the principal had foresight into the rocky relationship between the two teachers? There may be legitimate reason for a failing grade and possibly work to be done which may correct the grade in question. However, the interaction between the two teachers is completely unprofessional and demands consequences.

I would write the two teachers up and place the documentation in their files. I would also suspend the two teachers from school for one week.

6.) Because Meredith entered into self initiated prayer she may legally be within her rights to do so. The law has sided both sides of this issue; however, in Adler v. Duval County School Board 1 student initiated graduation prayers were constitutionally permissable. Dr. Collins is out of line with the punishment that has been given to Meredith by deleting her from graduation and taking her title from her.

I would as a principal visit with Dr. Collins and encourage him to look at the situation from a legal standpoint and encourage him to rethink his actions.

1. Adler v. Duval County School Board 250 F3d 1330(11th Cir. 2001)

7.)The carpooling situation without parental support and being of different genders is a sticky mess. However, the notion of having a 15 year old male student live with a 30 year old female teacher is completely unethical; especially without consent and support from the parents of the student. Depending on the level of the "very nice relationship" that had developed Marjorie Benjamin could be charged with sexual harassment 1, even with childs consent, or statutory rape.

As an administrator I would have documented the circumstances. If in my findings I find that the relationship was in any way sexual I would ask the board for their support in asking for her resignation.

1Gebser v. Lago Vista Independent School District, 503 U.S. 60 (1998)

8.) Dennis appears to have gotten away with something for far too long. It is innappropriate for a male teacher to touch a female student in any of the ways mentioned under Title IX. It is also inpermissable for him to request their presence at the dance.

If I were the principal I would definately investigate the allegations. If on finding that he is in fact causing sexual harassment of our students and it isn't heresay I would ask the board for support in asking for his resignation.

9.) School property shouldn't be used for personal use. The truck was paid for by the taxpayers for SCHOOL business, not James' personal business. He should be reported for having stolen public property and sited for lying to the athorities.
I would investigate the incident and if the outcome is that James lied to the police and did in fact use the truck for personal use I would ask for his resignation and sue for damages to both vehicles if the school had in fact been charged with their insurance. If not, I would go to authorities and request his insurance be held accountable for the accident to repair both vehicles.

10.) It is illegal to use public school property for personal gain. Using the copy machine and charging the postal fund for church business is unethical.

I would investigate the total charges absorbed by the school and demand her to reimburse the school. Depending on the severity it could be charged with embezzlement or theft. She would be unemployed ASAP.

 

    


   

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