Teachers: America Has Failed to Protect and Serve Them

Teachers: America Has Failed to Protect and Serve Them

If a person is assaulted by another person, there are two ways that person can gain relief. The victim can file civil or criminal charges against the person who assaulted him. The assaulter can face jail time, monetary damages or both. This is generally true. Unless the situation is altered to where a teenage student assaults their school teacher. If this situation occurs, there really is not a punishment for the student. Additionally, there is no relief for the teacher. In Michigan, there is a law that states if a student in grade 6 or higher physically assaults a teacher, the school district will permanently expel the student. M.C.L. § 380.1311. Additionally, Michigan defines physical assault as intentionally causing or attempting to cause physical harm to another through force or violence. M.C.L. § 380.1311(1).

When a student, in grade 6 or higher, assaults a teacher in Michigan, the school district must permanently expel the student. Lansing Schools Educ. Ass’n v. Lansing Bd. Of Educ., 810 N.W.2d 95 (Mich. Ct. App. 2011). In that case, a student physically assaulted a teacher. Id. The student was not expelled and the teacher pressed charges against the district for not following protocol. Id. The court held that the teachers were unable to gain relief from the court because the decision of whether or not an abuse occurred was up to the school district. Id. It is also up to the school district to decide whether or not to expel the student. Id.

If a teacher is assaulted by a student, they are not entitled to judicial relief. Halliman v. Los Angeles Unified School Dist., 163 Cal.App.3d 46 (1984). In that case, a student physically assaulted a teacher. Id. The student had physically assaulted other staff and students as recently as that morning. Id. The teacher sued the school district because the district failed to protect other staff and students when they were aware of the student’s repeated assaults. Id. The court held that the teacher was not eligible for judicial relief because it was a matter for workman’s compensation. Id.

It would seem from the court cases listed above, that it is now pointless for a teacher to report instances of assault. The first hurdle to overcome is the school district. Many school districts want to have better statistics for suspensions, referrals and expulsions. According to the data that most schools report, the level of violence and disciplinary action is greatly decreasing. However, this is the opposite of the truth.

The sad conclusion to this story is that more and more competent teachers are leaving the profession. Children are not getting the correct behavioral support and will likely end up in the prison system at alarmingly high rates. Students will not be getting an adequate education due to lack of discipline and lack of qualified teachers. If this situation is not rectified soon, this country is facing a rather dire future indeed.