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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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