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. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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