Judge dismisses suit over a failing grade on a leaf project
A West Virginia state court has dismissed a lawsuit filed against a high school teacher and the Kanahwa County school board by parents of a high school sophomore who was given a failing grade on a leaf project. According to the lawsuit, Lindsay Hay did not turn in the project in Jane Schultz's advanced biology class on the date it was due because she was out of school that day on an approved student council trip. The suit stated: "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 suit also charged that the teacher was trying to punish the student for being in student council "by intentionally ruining her ‘A’ average." But the school's student council advisor, in a letter to the newspaper, said the project could have been turned prior to the start of the student council trip. That's what another student did before attending the same conference, the advisor said. The judge found several reasons for dismissing the lawsuit. He cited a provision in the West Virginia code that says a teacher cannot change a student's grade unless there is a mathematical error and wrote that there was no suggestion of any mathematical error in this case. He also wrote that although Hay claimed she was not seeking a grade change, "a change in grade is exactly what is being sought. It is the sole reason this civil action was filed and no amount of dissembling will alter that fact." Ms. Schultz says she maintains a good relationship with Lindsay, despite the legal battle. She also says she was relieved to hear of the decision, and so were other teachers.
Charleston Daily Mail
By Jessica M. Karmasek
[Full story]
[Editor’s Note: At the link below COSA members can access an overview by COSA member Lisa Brown of Bracewell & Giuliani LLP in Houston of legal issues regarding grading practices, including grade penalties for non-academic behavior, grade challenges by teachers, and disputes over class rankings.]
Inquiry & Analysis
By Lisa Brown
[Full article]