ILNews

Plan: protect educators who discipline students

Michael W. Hoskins
January 1, 2008
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Indiana Gov. Mitch Daniels wants more legal protection for educators who discipline students to keep order in their schools.

A news release issued this morning announced the governor's plans to work with lawmakers in the coming legislative session to pass a law providing legal immunity for those teachers and school staff members who, in good faith, discipline students. He also wants the Indiana Attorney General's Office to use its statutory authority to defend any teacher who becomes the target of unreasonable litigation.

The Republican governor made the announcement in Fort Wayne, one of several spots he's visiting this week to unveil a series of announcements about proposed K-12 and higher education policy he hopes for if re-elected in November. This issue is one the governor has heard about from teachers statewide, according to spokeswoman Jane Jankowski.

In the release, the governor cited three examples: a central Indiana student who filed a tort claim notice for injuries against a gym teacher who required the student to do push-ups over an infraction; another student in the Indianapolis area filed claims against school personnel after teachers tried to separate two students involved in a fight; and a northern Indiana student sued the school and principal for attempting to restrain that student during a fight.

The governor noted that a number of states have laws protecting teachers. Those state statutes are being examined as potential models, according to the governor's office.

Student discipline is an issue the Indiana Court of Appeals recently addressed in State v. Paula J. Fettig, No. 49A02-0709-CR-807, a Marion County appeal that came down in April involving a Beech Grove teacher's discipline of a student in gym class. The court upheld the trial judge's dismissal of a battery charge against the teacher, writing that Indiana Code sections 20-33-8-8(b) and 20-33-8-9 protect the teacher from prosecution by stating that teachers "can take any action that is reasonably necessary to carry out or to prevent an interference with an educational function that an individual supervises."

The appellate court noted that "a dearth" of modern caselaw exists on this issue and most of its authority dates to the late 19th century. As a result, appellate courts have removed teacher corporal punishment mostly from jury discretion and put that responsibility in the courts' hands.

That decision drew a dissent from Judge James Kirsch, who wrote that times have changed since that precedent was established and that he has serious doubts that today's Supreme Court would uphold that precedent. Many countries and states now ban corporal punishment in schools, he wrote.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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