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○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○Case Studies Regarding Teacher Liability - #4THE CASE OF THE DISAPPOINTED DRAFTING STUDENTHarold Steiner arranged to take his Engineering Technology classes on a two-day retreat to anenvironmental camp for leadership training. Students were required to pay $25 each to helpdefray the expenses, and all were required to bring a parental permission form. WhenShawn, a special education student with a health impairment (hemophilia) turned in hismoney and parental permission form, he also gave Mr. Steiner a note from his motherexplaining the precautions necessary for an overnight stay. These safeguards included arequest to have a school nurse on the premises in case of an accidental cut or bruise, whichcould have serious ramifications.Mr. Steiner, not wanting to risk the safety of the child, told Shawn it would be better if he didn’ttravel with the class. Shawn was disappointed when he was assigned to the library for theschool day his classmates were at camp.Two weeks after the leadership camp, Mr. Steiner was informed by his principal that a civilrights complaint had been filed by Shawn’s parents, alleging discrimination because of hisdisability.What is Mr. Steiner’s liability?THE CASE OF THE FACULTY FRIENDGeorge Kurius is a career center specialist who was working with a group of 9th gradestudents. One student, Sarah, stayed behind when her class left to ask Mr. Kurius somequestions about her career interest inventory. Sarah was the daughter of a family whosocialized with the teacher. He then noticed several bruises on and around her face and herarm was hanging limply. When he asked her if she was OK, she said, “Oh, I had anotherargument with my father - he loses control sometimes. I have to go to class; see you later.”She immediately left the center.At lunch that day, Mr. Kurius shared the experience with several faculty members. Thereaction was one of disbelief. The father in questions was active in the booster club and hada sterling reputation. As one teacher said, “That Sarah has been in trouble before; I wouldn’ttrust her as far as I could throw her.” Another offered, “I wouldn’t repeat these charges withoutmore evidence - it could ruin a good man’s reputation.” Mr. Kurius decided there were toomany questions to bring up the issue with the principal or go to the father.What is Mr. Kurius’ liability?14.12CURRICULUM GUIDE: EDUCATIONAL LAW
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○<strong>Educational</strong> LawTHE CASE OF THE CRAZED CLASSMATEMs. Marsha Mellow was teaching her auto technology class when a student approached herto complain that another student, Tom, was being “hyper” and “running around with ascrewdriver.” Ms. Mellow, who was in the process of evaluating a student’s procedure on abrake replacement, responded, “Hey, I’m pretty busy here. You tell Tom if he doesn’t settledown, I’ll give him detention.”A few minutes later, Theresa, a sophomore, let out a yelp and screamed, “Tom, you%##%%@##! !!! Look what you did! !” When Ms. Mellow looked up, she saw blood runningdown Theresa’s face and a two-inch cut on her forehead. When she asked what happened,several students explained that Tom was “jousting” with a screwdriver, pretending to attackother students, when he accidentally cut Theresa. The teacher conducted an investigation andfiled an accident report. The next week, Ms. Mellow was informed there was a parentconference with the principal to respond to a complaint alleging “lax supervision.”○ ○ ○ ○ ○ ○ ○What is Ms. Mellow’s liability?CURRICULUM GUIDE: EDUCATIONAL LAW 14.13
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