Teachers Driven Wild by Unruly Students
Recently, the Associated Press reported that a teacher in the Oakridge School District in Oakridge, Oregon was placed on paid administrative leave after she allegedly took a unique step to control one of her students. The teacher reportedly used duct tape to secure the student to his chair because he refused to sit down.
While some parents may be outraged and other teachers may be able to relate, lawyers and legal analysts say that the teacher may have actually been within her legal rights to restrain the student. Under state law in Oregon, a teacher is allowed to use "reasonable physical force" upon a student if, when and to the extent that the teacher believes it may be necessary to maintain order in the school or classroom.
So the real question is - can the teacher's alleged use of duct tape be considered reasonable? Those familiar with elementary school students may say that the teacher's actions were entirely reasonable, while others may argue that the law never could have been meant to include duct tape.
Don Kordosky, the superintendent of the school district, did not reveal the teachers identity to the press but stated that she was removed from her classroom at Oakridge Elementary School after the mother of a 9-year-old student reported that she had duct taped the child to his seat on May 28, 2008. The mother alleges that the teacher used duct tape to wrap from the child's knees to his chest, securing him to his seat after he repeatedly refused her requests for him to sit down and remain seated.
The child's mother says that her child was humiliated in front of his peers and that his poor behavior did not warrant the alleged actions of the teacher. The mother has contacted a personal injury lawyer to discuss the possibility of filing a personal injury lawsuit against the teacher and the school. Such cases can prove to be problematic though, as public schools generally have sovereign immunity and can not be sued.
The teacher is currently represented by lawyers provided by the Oregon Education Association and has declined any requests to comment on the case until the school district officials conclude their investigation of the incident.
While this Oregon elementary school teacher was not placed under arrest for her alleged actions, a teacher in Georgia was not as fortunate. In Clayton County, Georgia, a high school teacher was recently arrested for disorderly conduct and making a terroristic threat against a student after he allegedly told a student that he would rip his eyes out, urinate on him and kill his family as he cursed at the class and threw a chair, according to the Clayton News Daily.
Travis Heckstall, a science teacher at Mt. Zion High School, was arrested and has since resigned from his teaching position. He has apologized for the incident but said that he was threatened by a student earlier in the day and due to his small physical stature, he believed that threatening the students kept him safe. Heckstall will face up to six years in prison if convicted of the charges against him.
While the law in Oregon may protect the teacher who allegedly used duct tape to restrain her student, there is no law in Georgia that would allow the type of behavior that Heckstall is accused of exhibiting in his classroom. Many times students are given time-outs for their bad behavior in order to keep situations from escalating to the point that they are out of control. Perhaps teachers who become stressed out should also step away from the classroom and take a deep breath before allowing these types of situations to play out in public schools.
