An Urgent Need for Authority in the Classroom Mark Niquette
The Columbus Dispatch, June 11, 2004 The debate continues in Ohio over new legislation that "would expand civil immunity
for schools in student discipline cases . . . [to] help combat a fear of lawsuits
that interferes with fair and consistent school discipline."
CG Director of Policy Nancy Udell told the Dispatch, "Teachers should have authority
over their classrooms, and lawsuits aren't the answer."
And CG Education Advisory Board Member Richard Arum explained that since a 1975 Supreme Court decision finding
that students couldn't be suspended without a hearing, there "has been uncertainty
about what schools can and cannot do to discipline students."
The legislation, House Bill 265, passed the House by a 81-18 vote and is now
in the Senate. It provides "immunity against civil-lawsuit damages to school districts,
community schools, nonpublic schools and school employees for any injuries or
loss from student discipline--unless it results in child endangerment."
The bill was introduced by Republican Keith Faber "because of complaints that
the lack of immunity for school districts is leading to defensive teaching. 'The
problem has been administrators not backing up teachers because they are afraid
of being sued,' Faber said.'"
Critics of the legislation worry that the bill "could lead to an increase in
corporal punishment," and some argue that there "hasn't been a rash of lawsuits
[against schools] or evidence of a problem that must be fixed."
But Faber points to a recent Harris Interactive poll, commissioned by Common
Good, which found that 82 percent of teachers and 77 percent of principals think
the fear of being sued is leading to defensive teaching--meaning that decisions
are motivated by a desire to avoid legal challenges. (Click here to learn more about the poll.)
One former teacher, James Sommer, told the Dispatch, "It seems like discipline
has been taken out of the hands of teachers and administrators."
Hollie Reedy, staff attorney for the Ohio School Boards Association, expressed
concern that even if the legislation passes, it will have little impact. "Schools
sometimes have to act defensively due to the litigious nature of our society,
and I don't know whether this bill will have a large impact on that." | 
