Case Study: Public School District V. Indiana

Improved Essays
Parents and children have a lot of details to keep track of during back-to-school time: School clothes, textbooks and supplies, classroom schedules, immunizations and sports physicals.

Teachers have their own backto school paperwork to tackle. This week, all public schoolteachers in Indiana are receiving an important legal notice from my office that they should read and that parents and schoolchildren also should be aware of.

The legal notice reminds teachers of Indiana’s Teacher Protection Act, passed by the Indiana General Assembly in 2009. Teachers now are shielded from frivolous lawsuits filed over school discipline complaints.

In other words, if a teacher is sued for disciplining a student — and if the teacher’s actions were reasonable under the school policy — then the teacher has legal immunity from the lawsuit. The Indiana Attorney
…show more content…
If a scuffle broke out between two teens in the school cafeteria, then the nearest teacher might hesitate to intervene and break up the fight – particularly if the brawling combatants were the opposite sex of the teacher. “My dad will sue you,” is one threat teachers said they heard.

If parents indeed filed suit, then the school insurance carrier’s typical response was to cut the plaintiffs a settlement check for as much as $1,500 to make the case go away. Settling out of court would end that lawsuit; but as word spread, it would undermine the teacher’s credibility the next time she or he had to discipline a student.
Thanks to our new Teacher Protection Act, educators no longer need fear frivolous lawsuits, since lawyers in my office will defend them in civil court. The State of Indiana will assume the legal risk, meaning school administrators and their liability insurance carriers no longer ought to have to pay out nuisance settlements in such

Related Documents

  • Decent Essays

    In the case of Hazelwood School District v. Kuhlmeier in 1988, Robert E. Reynolds, the school principal rejected two articles of the student newspaper. The articles were on teen pregnancy and divorce which students in a high school journalism class published. Since the principal removed the articles, Catherine Kuhlmeier and two other students filed a lawsuit against the principal on October 13th of 1987. The students believed their right to free speech under the first amendment was violated. Reynolds however believed he was protecting the students privacy since the journalism class had asked students for their experience on the topics and published it.…

    • 215 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Alaina Olson Professor Wilcox PHI2600 26 September 2017 Alaina Olson: The Banning of Books Case Study: Island Trees School District v. Pico In March of 1982, the Supreme Court case of Island Trees School District v. Pico, five students, including the high school senior Steven Pico, fought in Washington D.C. for their first amendment right. The outcome of this case would forever change school districts rules and regulations across the nation. During the school year of 1975-1976, the Island Trees School District No.26 in New York banned the sum 11 novels from its school’s district junior high and high school libraries.…

    • 774 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    State V. Evans Case Study

    • 774 Words
    • 4 Pages

    In the case of State v. Evans, 671 N.W.2d 720, (2003). , we see the distress of the victim that suffered from both harassment and stalking from her predator for a period that span more than three years (Brody and Acker, 2010). The harassment aspect that Hubert Evans summited the victim, Rebecca Arnold, to started out at a very slow rate with it become more intense and leading to stalking over years leading to the arrest of Mr. Evans and criminal conviction for harassment and stalking (Brody and Acker, 2010). The criminal charges were heard by a judge and jury where Mr. Evans gained a criminal conviction for the charges that he faced in the trial. The criminal conviction of Mr. Evans lead to his appeal to the State of Iowa Appeals court to evaluate the case as it relates to the state statute for harassment and stalking (Brody and Acker, 2010).…

    • 774 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    T. L. O. Case Essay

    • 750 Words
    • 3 Pages

    What would a normal student do if their vice principal called them to the office, took their bags, and searched through them thoroughly ,without the student’s permission? This, normally, is thought of as being wrong. Americans would not normally think of this as being okay. And yet this case has been brought to the Supreme Court of America.…

    • 750 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Ingraham v. Wright was a case where the Supreme Court had ruled (5-4 vote), on April 19, 1977, that corporal punishment in public schools did not violate constitutional rights. The case was brought up into court when an eighth grade student of a public junior high school in Florida, James Ingraham, who was paddled in 1970 by the principal Willie J. Wright and was also restrained by the assistant principal and the principal’s assistant (Lemmie Deliford, Solomon Barnes). James was hit by the paddle more than 20 times and required medical attention, later on a complaint was filed in 1971, other than Ingraham and a student named Roosevelt Andrews, another student has also been paddled. The complaint claims that the use of corporal punishment goes against the 8th Amendment, stating that it is a violation on the ban of ‘cruel and unusual punishments’, and the 14th Amendment which requires prior notice and an opportunity to be heard.…

    • 512 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The 1980 court case, Armstrong V. Kline, drew from parents of children with exceptionalities becoming upset with the education system’s 180-day school year rule1. Beginning in January of 1980, they decided that enough was enough and they needed to do something before summer vacation came so, their child/children would not lose everything they learned during the school year1. The parents took on the court case, filing three class action lawsuits, all of which were against Caryl Kline, the secretary of education and chief official of the Department of Education1. The result of this particular case relieved me but, the fact it had to become a court case, I found to be absolutely ridiculous. Also, the terminology they used while describing the…

    • 751 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Doe sued the San Francisco Unified School District and school board superintendent Bill Honig on the grounds of his denial of public education. A stay-put provision in the EHA specified that during any disciplinary proceeding, all handicapped children were to…

    • 1236 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    Due Process for Short and Long Term Suspensions Order and protection goes hand-in-hand! Having guidelines and processes in place is the glue that binds s smooth flow and success to any program. It is vital to achievement that an association such as school, have the policies and procedures communicated precisely that they may be followed with accuracy. When there is a breakdown in the understanding of the procedures by administration when it comes to suspending or expelling a student, there may be legal actions that follow. This writing will take an in-depth look at the policy of East Feliciana Schoolboard and their student handbook to gather data that pertains to the policy that is in place on short- and long-term suspensions of students that are enrolled in their school.…

    • 710 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    These situations ought to be handled in the most appropriate and confidential matter. Using the principle of subsidiarity and dealing with challenges at the lowest level of proficient authority is essential. This incident involves a student whose huge future can be threatened. The reputation of the school, the educators, and the administrative staff can be tarnished also. Not to mention, the case is occurring while there is political dissatisfaction, a broadening racial divide, and economic deterioration.…

    • 725 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Elizabeth’s shirt is school-sponsored speech under the Hazelwood standard. To determine whether an activity is school-sponsored the following factors are assessed: whether or not the class was part of the school’s curriculum, whether or not the student receives a grade on the assignment, and who has the final say over the classroom material. Hazelwood Sch. Dist., 484 U.S. at 268.…

    • 1207 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    As a new principal at Howard L. Jones High School, I have many challenges facing me on my first day. Jones High School uses the zero tolerance policy when it comes to discipline, and that policy can create a lot of tension among stakeholders. My school is diverse, and that in itself is new to this school. The first problem I am facing is our district’s drug policy and the young lady that was sent to the office because of a mysterious pill that was found in her possession that supposedly is for allergies. My second challenge is our district’s policy on weapons and the young man that is in the office with a sharpened file.…

    • 1071 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    If the case were to go to court I believe that the school district would win. Philip is a student who goes to Harrison High School. Philip was a suspended for singing the Star Spangled Banner. The school would win because Philip was causing a disturbance in the class and he was being disrespectful to Ms. Narwin.…

    • 445 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    BOEE Ethics Case Study

    • 762 Words
    • 4 Pages

    Iowa educators are expected to follow chapters 25 and 26 of the Iowa Board of Educational Examiners Ethics Handbook and expected to develop an ethical framework. Chapters 25 and 26 of the BOEE Ethics Handbook state a professional code of conduct and ethics. Ethical framework is the code that a teacher uses to guide his/her behavior or decision making. Both are important in maintaining a professional relationship with students. Chapter 25 of the BOEE Ethics Handbook states a system of moral principles the teachers of Iowa are required to follow.…

    • 762 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Homophobia In Schools

    • 1681 Words
    • 7 Pages

    My past wasn’t pretty in the sense of good decisions. I got in fights a lot as a kid as a way to defend my brother or friends, as well as it being my way of showing masculinity. These fights I recall getting stopped all the time really quickly on the school grounds, but times when homophobic slurs would be yelled across to another student in earshot of a teacher wouldn’t be stopped at all. Gerald Walton states in his paper, Bullying and Homophobia in Canadian Schools, “Methods employed to augment school safety are limited in scope to confronting acts of physical violence through enforcement of zero tolerance policies. Such policies, designed to prevent weapons-related violence, do not consider the cultural and societal antecedents of violence in schools.”…

    • 1681 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    O’Neal was employed by the Colton School as a teacher, which was valid though a contractual agreement between these two parties. When O’Neal attempted to replace the original contract with a substitute agreement, he did not follow the correct rules of modification. When the Colton School fired O’Neal for nonperformance, they were acting within the limitations of the law. O’Neal’s later legal action against the Colton school will argue that his condition excused his nonperformance. This, however, is a baseless argument.…

    • 757 Words
    • 4 Pages
    Improved Essays