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. The father is a convicted of spousal abuse. 2 restaining orders been put on him, never made any difference the whole time she was there. The time he choked the mother she dropped the baby the police were called. That was the only time he was taken away. The mother was suppose to have been notified when he was released no call was ever made. He made his way back, kicked the door open and terrified the mother. She ran down the hallway and locked herself and the baby in the bathroom called 911. The police came and said there was nothing they could do (the policeman was a old friend from highschool, good ole boy thing).They told her he could burn the place down as long as she wasn't in it.The mother got another resataining order, the judge told her if you were my daughter I would tell you to leave. So she did. He told her "If you ever leave me I will make your life hell, you don't know who your f!@#$%^ with". The fathers other 2 grown children from his 1st exwife havent spoke 1 word to him in almost 15yrs not 1 word.This is what will be a forsure nightmare for this little girl who is in the hands of pillar of the community. Totally corrupt system. Where I come from I would be in jail not only for that but non payment of child support. Unbelievably pitiful...

  2. dsm 5 indicates that a lot of kids with gender dysphoria grow out of it. so is it really a good idea to encourage gender reassignment? Perhaps that should wait for the age of majority. I don't question the compassionate motives of many of the trans-advocates, but I do question their wisdom. Likewise, they should not question the compassion of those whose potty policies differ. too often, any opposition to the official GLBT agenda is instantly denounced as "homophobia" etc.

  3. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  4. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  5. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

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