Shara Johnson's School Law Page
Nebraska Cases
1. Identification: Bd. of Ed. of Lincoln County School District v. Jim Johanson
Nebraska State Supreme Court
February 19, 1999
N.W.2d
2. Synopsis:
The Board of Education of Lincoln County School District is asking for termination of Jim Johanson?s contract on the grounds of unprofessional conduct. Jim Johanson, an elementary teacher, has been investigated in many incidents involving two students in particular, Craig and Jacob. During the fall of 1995 Mr. Johanson tied one of the boys up with an electrical chord, he encouraged the class to hide from one of the boys, he repeatedly told the boys that they were idiots, on several different occasions made physical contact including shaking the boys and hitting one in the forehead with his knuckles. Mr. Johanson put soap in one of the boys? mouths, and he gave one of the boys a paper sack and told him to pack and get out.
3. Contentions of the Litigants.
- Plaintiff (Appellant): The board of education is asking for the termination of Mr. Johanson?s teaching contract with the district
- Defendant (Appellee): Mr. Johanson admits that he may have handled situations inappropriately but that he was genuinely sorry and states that he apologized to the parents of the boys in question.
4. Decision of the Court:
The Nebraska Supreme Court reversed the prior decision and sided with the board of education in asking for termination of Mr. Johanson?s contract.
5. Implication of the Decision: Regardless of what a student may say or do it is considered unprofessional conduct to pose a threat to a pupil. Innapropriate clasroom commentary and actual physical contact are grounds for termination.
1. Identification: Gertrude Parker v. Lancaster County School District
Nebraska State Supreme Court
March 12, 1999
N.W.2d
2. Synopsis: Gertrude Parker was visiting her grandson?s school at an open house on October 1, 1995. While in the building Gertrude, her daughter, and her grandson were visiting the multi-purpose room. While approaching the entrance to the room Parker did not notice an unguarded ramp or floor riser. This riser caused her to fall to the floor badly breaking her arm. Parker?s arm required surgery and prevented her from being active for a period of time. Parker alleged that LPS was negligent in its ?failure to provide a reasonably safe entryway"
3. Contentions of the Litigants.
- Plaintiff (Appellant): Parker states that the school district was negligent to provide a reasonably safe environment and is seeking monetary damages.
- Defendant (Appellee): The district submitted the design of the multipurpose room and stated that it met all applicable building and safety codes.
4. Decision of the Court:
The Nebraska Supreme Court reversed the prior decision and sided with the plaintiff, Gertrude Parker
5. Implication of the Decision: Negligence can come in many forms. Building grounds and facilities need to be in safe and working order to prevent negligence suits from a
1. Identification: Meyer v. Nebraska
Supreme Court of the United States
1923
262 US 390
2. Synopsis:
In 1920 Raymond Parpart, a 10 year old boy, was enrolled in Rober T. Meyers class at Zion Parochial School. Within the classroom Meyer was teaching the children to read in German. Beings this was against the Nebraska law that maintains that no modern foreign language shall be taught until after the eighth grade Meyer was convicted of a misdemeanor.
3. Contentions of the Litigants.
- Plaintiff (Appellant): Meyer was within his rights while teaching his class. He had parents who were aware and supportive of the education that the children were receiving within his classroom.
- Defendant (Appellee): The state of Nebraska believes that Meyer has broken the law involving the teaching of foreign languages to children before the eighth grade.
4. Decision of the Court:
The original decision was reversed; the court found that Meyers ?liberty? within the Due Process Clause had been infringed upon.
5. Implication of the Decision: Meyer v Nebraska was fundamental in allowing parents to begin having some direction with their child?s education. This decision implies that if something (foreign language) is available within a school system and the parents are supportive then it is legally okay for this educational experience to take place.
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