GPA Suit

[slacker]

Irregular News for 03.13.07

 

Sissonville, WV -- The parent of a Sissonville High School student is suing a teacher and the school board over a failing grade the student received on a leaf project in her advanced biology class.

 

Officials with the state's largest teachers' union say they're closely watching the litigation for its potential to have far-reaching effects on how teachers hand out grades.

 

The student is identified only as "L.H." in the lawsuit filed in Kanawha County Circuit Court.

 

She is described as a scholar who maintained a 4.5 grade point average prior to the incident.

 

The student's parent, identified only as J.H., filed the lawsuit last month on behalf of the student.

 

According to the lawsuit, the student was given a failing grade for not turning in a biology project on the date it was due. The lawsuit says the girl was out of school that day on an approved student council trip to Jackson's Mill in Lewis County.

 

"The plaintiff has a right to be out of school on approved school activities, such as student council, without being punished by a teacher who intentionally manipulated the grading system and used the grade as a form of punishment to make sure that the minor plaintiff's 4.5 GPA was destroyed," the lawsuit says.

 

The student was scheduled to attend a student council conference from Sunday, Oct. 15, 2006 through the following Tuesday, Oct. 17. The leaf project -- an assignment in which students typically collect and classify leaves -- was due Tuesday.

 

According to the lawsuit, the student had completed her project that Saturday and left for the student council leadership training at 10 a.m. Sunday. She returned from the trip after the end of the school day Tuesday. She turned in her project Wednesday morning.

 

"At no time was the minor plaintiff told by the teacher that she would be punished for being a part of student council by being required to turn her project in prior to the due date," the lawsuit says.

 

Attorneys J. Michael Ranson and Cynthia Ranson, who are representing the student and her parents, could not be reached for comment.

 

Sissonville High teacher Jane Schultz, who is named in the lawsuit along with the Kanawha County school board, declined to comment because the case is ongoing.

 

Nancy Walker, assistant principal at Sissonville High, also declined to comment.

 

Jim Withrow, attorney for the Kanawha school board, said he stands by Schultz's actions.

 

"The project was turned in late," he said. "The class had ample notice that late submissions would not be accepted.

 

"Part of going to school is learning there are rules, learning there are deadlines. Unfortunately, this is a pretty good student. But sometimes you just have to learn from your mistakes."

 

The leaf project was the most significant assignment of the semester, worth more points than the final exam. According to the lawsuit, if the student received a zero or any failing grade, her "A" in the class would drop to a "B."

 

Originally, the student would have earned a zero for turning in the project late. However, Schultz decided to give the student half-credit.

 

The student's parents were not content with the teacher's decision, calling it "an arbitrary and capricious act."

 

The lawsuit contends that if the student had been absent because of an athletic event or had a disciplinary problem and was suspended from school, she would have been allowed adequate time to make up any missed assignments.

 

"It was the intent of the defendant, Jane Schultz, to punish the minor plaintiff for being in student council by intentionally ruining her ‘A' average," the lawsuit says.

 

The student's parents are seeking an injunction, punitive damages, and damages for "emotional stress, loss of enjoyment of life, loss of scholarship potential."

 

Bill McGinley, legal counsel for the West Virginia Education Association, said the union would be watching the lawsuit closely.

 

"We're very interested in this," he said. "Especially in the notion of protecting the integrity of teacher's grading, as well as student responsibility.

 

"It's a terrible thing that people want to clog up the courts with students and their leaf projects," he said. "The court has so much more important stuff to deal with."

 

McGinley said he agrees with Withrow, the county school board's attorney, that students need to learn responsibility.

 

"When they fail to meet a deadline and they start suing over leaf collections, it's not really teaching them important life lessons," McGinley said.

 

Attorneys for the school board have filed a motion to dismiss the lawsuit.

 

Kanawha Circuit Judge Duke Bloom has scheduled a hearing for 10 a.m. March 29. The motion to dismiss could be heard at that time.

 

source

[BIGREDFAN_in_OMAHA]

What we have here is a communication issue. Both the teacher and student should have talked it out beforehand and the student shouldn't have assumed her actions were the right ones.

 

I remember years ago in grade school that there was a teacher that required all students to do at least one extra credit project during the semester. One of my friends had a 96% average in the class and didn't feel he needed to do extra credit. So on his report card he got a B+ and was justifiably miffed but the teacher pointed to the class curriculum and held her ground. We (his friends) just laughed at him. Not sure what he learned from it but he's a doctor now.

[gamecocks]

We were always told, that if we were going to be absent for whatever reason, that it was our responsiblity to find out what work needed to be done and turn it in before the day that we were to be absent.

[Drowning_in_the_Sea_of_Red]

Oh my god...You're poor little girl. Gimme a F#%king Break!!!! I would give my left nut for a 4.0!!! Let alone a 4.5 or 4.3 or whatever she ends up with...

[HuskerNCo]

Once again, kids are not being held accountable. Parents take up the issue, file a suit, whatever. For gods sake, make your kid/s be accountable and responsible. They know what their schedule is and what is due when. 4.5 gpa tells me this is not a stupid kid.

 

I'd be totally thrilled if my kid would have had or would have, even now in college, a 4.5. At least I'd feel like my tuition $$ are well spent 'cause I'm not feeling that way now.

[mbhusker13]

Picture this:

 

Teacher trembling in the courtroom, as a lawyer grills her for giving honest grades. The little girl sits smirking on the Plantiffs side, wearing a "Daddy's little princess" shirt. The family feels justified after the case is settled, as they pile into a car with a "My Lawyer Can Beat Up Your Lawyer" bumper sticker. Yes ladies and gents, tax money of the hard working american at work. :asshat

[Eric the Red]

We were always told, that if we were going to be absent for whatever reason, that it was our responsiblity to find out what work needed to be done and turn it in before the day that we were to be absent.

 

 

And we have a winner