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Home > Blogs > Get on the Bus > Archives > 2007 > March > 13 > Entry
School sued over leaf project
Driving into work, I was listening to Whoopi Goldberg’s radio show as they were discussing one of these school lawsuit outrages.
This time, a straight-A student in West Virginia got a low grade on biology project for which she was supposed to collect and classify leaves. Apparently, she was docked for turning it in late. The project was due on on a Tuesday but the student was out of school on an out-of-town student council trip from Sunday morning until Tuesday night.
The teacher initially gave her a zero for not turning it in. Later the student was given half credit, but that still gave her a B in the class instead of an A. In the lawsuit, the student’s attorney claims the teacher intentionally ruined her high GPA and asks for an injunction preventing the “B” grade from being assigned. The suit also asks for damages for “emotional stress, loss of enjoyment of life, loss of scholarship potential.”
On the radio show, the discussion focused on the facts of the case. Should the student have made arrangements to turn the project in earlier? Shouldn’t teachers make allowances for school-sponsored absences? Does the fact that this student has an A average mean she deserves an extra break?
But for me, the issue here is the notion that a grade dispute can be solved in court.
There is ample opportunity to resolve a dispute like this within the system. It starts with an appeal to the teacher. If the teacher is unreasonable, the student can ask the principal to step in. If the principal is no help, an appeal can be made to the superintendent. And if all else fails, there is an elected school board with a primary purpose of responding to the concerns of school district residents.
Through those steps is where the facts of the dispute should be hashed out, considered and judgement rendered. If a student follows that path and still doesn’t like the result I say tough luck. Life sometimes isn’t fair either.
What I wonder is if the student even followed those steps or if the family went straight from the principal’s office to see their lawyer.
What do you think? Is it fair game to take a school district to court to try to change a grade?
(Image credit: Blue Ridge Blog)
Permalink | Comments (10) | Categories: Teaching and Learning
Comments
By Chris
March 19, 2007 1:20 AM | Link to this
Oldprof: You didn’t answer my question (but did pick up on my blather - well done!): I would love to hear your examples of when it is appropriate to sue �heavy handed teachers and administrators� (other than any criminal issue). (BTW, Administrations are somewhat forced into inflexibility because of helicopter parents and kids who are taught they can do whatever they want)By Oldprof
March 15, 2007 9:41 AM | Link to this
Chris, you’re discussing “helicopter parents” which are not the same phenomenon as inflexible faculty. You want examples? In 1990, a student came to me and asked if she could take the final exam one week early because she was being called up for deployment to Kuwait. It was no difficulty at all for me to give this excellent student—perfect attendance to that date—the degree of support that our troops deserve, in fact I was a little humbled that she should think I was doing her a favor. And she remarked that she was also taking classes at another local college—one on the same academic calendar as we—and none of the faculty there would extend that same courtesy—or should I say responsibility? Frankly, I’m incensed that there are teachers who are so self-righteous; can you honestly say that YOU have never been one day late with anything? The teacher, IMO, needs to quit being psychologically anal about it and grade the student based on learning in full compliance with school district policies. Is there something in that statement that you’d care to take issue with?By Chris
March 15, 2007 12:12 AM | Link to this
Oldprof: Not sure why you had to refer to my post as “blather” especially when you tend to go on and on and on ….. I think you missed my point about teenage entitlement - too many parents will never admit their little Susie ever does anything wrong. The child enters the work force with that same sense of entitlement and can’t understand why she can’t hold a job or that no one will give her a break. I would love to hear your examples of when it is appropriate to sue “heavy handed teachers and administrators” (other than any criminal issue). And remember that the cost of the litigation is borne by us taxpayers. More blather: When I taught at a local university a mother actually called the department chair complaining that her son was failing my class, implying it was my fault. He talked to me about it and advised her that the young man needs to study more and come to class. End of story.By Oldprof
March 14, 2007 3:45 PM | Link to this
I heard this discussed on NPR: the district policy is that work due during an excused absence may be turned in the next day. The teacher therefore is in willful and stubborn violation of policy and should be remediated, with an immediate grade correction. Lost in all of this sort of discussion is common sense: the grade should be based on WHAT THE STUDENT LEARNED and not arbitrary deadlines—unless deadlines are the content of the course. I’m not advocating eliminating all due dates or penalties for late work, but I’ve heard about far too many teachers who will fail a student who’s absent with infectious diseases or who’s bereaved. Those teachers are either stupidly spreading the disease by exposing entire schools, or are inhumane in their callous disregard for personal grief. And Chris, you can blather all you want about how the court should not get involved under any circumstances—there ARE circumstances where heavy-handed teachers and administrators must be corrected by a higher authority.By Dave
March 14, 2007 10:42 AM | Link to this
I did a little digging, on the net and in my memory. At Sissonville HS, if you have a dispute with the teacher, you can talk to the principal. If that doesn’t work, you can have up to 5 minutes at the next regular school board meeting (including any interruptions by the principal and/or superintendent). This is part of the public input section, where any member of the public can address the board for 5 minutes. After that, the only recourse is the courts. Ever since the ’70s, when a preacher and several others were convicted of attempting to blow up school busses, the schools in Kanawha County, WV have been VERY contentious, with numerous lawsuits and even a shooting before a board meeting.By Mary
March 14, 2007 7:17 AM | Link to this
Taking schools to court might be the only way to realistically get results during the student’s lifetime. Around the year 2000, the Dayton Daily News had an editorial and articles about a lawsuit by a local student regarding weighting grades and class rank. Her school district reneged on how they treated her college grades as a PSEO student and for class rank. She had straight As and won the case and her rights as valedictorian. I do not think the school would have settled and allowed her to appeal by the time of her graduation. Class rank and grades are highly politicized and subjective. Someone with a vanilla personality who never rubs any teacher the wrong way, or someone who fits into the school culture is much more likely to achieve a certain rank and valedictorian status. Many school districts are dropping class rank, and I, for one, think it might be a good idea. Colleges should not be rewarding scholarships based mainly on class rank, either. I think some school districts decide years in advance who they want to anoint as valedictorian.By School Supporter
March 14, 2007 12:55 AM | Link to this
For extra credit: How is the court’s role affected if education is a “fundamental right?” Does it matter if student council trips are included in the “fundamental right?” [This is a much harder question than noting, for instance, that zero tolerance polices likely fail the strict scrutiny test of a “fundamental right” analysis.]By Chris
March 13, 2007 9:36 PM | Link to this
Under no circumstances should the court get involved. Like Scott said, follow the district process and if she doesn’t like the results at the end, too bad. I seriously doubt that one B will have that great an affect on the girl’s life but an attitude of entitlement that she has will probably bring far more harm (I am really fighting the urge to make a snide remark about West Virginia straight-A students….)By Dave
March 13, 2007 3:13 PM | Link to this
As you say, there is not enough information to tell if they followed the proper appeals process or not. Last I knew in Kanawha County, if something was due during a “school sanctioned” absense, you were allowed to turn it in the first day afterwards to be fair to the student who takes the school sanctioned absense, but this policy may have been changed.By Nettie
March 13, 2007 1:06 PM | Link to this
I don’t think the courts should have the ability to change grades. The school should have a policy on absences and missed work. The only question that needs to be answered is if the teacher or the student followed the guidelines outlined by school policy. Whoever followed the policy wins. After reading the scenario, it seems quite simple. If the assignment was made Monday, the student is not responsible. If the assignment was made the previous week, then the student should have had the forethought and responsibility to complete the project on time. No exceptions should be made for “A” students. All policies being applied fairly is what keeps the atmosphere of school positive, and allowing an “A” student to get away with something another student wouldn’t promotes a negative environment for “other kids.” Regardless, the courts should not be involved, and monetary compensation is ridiculous, especially with the trauma resulting from a student receving a “B.” Parents and students, as you said, have an appeals process to follow, and schools should not have to pay thousands of dollars to defend legal policy.