Legal Question in Education Law in Minnesota

Teacher Punishing with Grade

My son told me that a teacher that he knows has been dealing with misbehaving students by docking points off of their grade. The school district does not have a universal grading policy, but it does have a Student Conduct policy that says what punishments may be give out for misbehaving. In the Student Conduct policy there is not a punishment that would involve damaging the students grade.

He says that the teacher says that the behavior system is used for participation, but some people in the class have been docked for talking to friends at the wrong time.

I know this may be a feeble argument, but it seems biased in my eyes that the students are being graded on more than just the curriculum.

I know that it is legal for teachers to grade based on participation, but it seems bias when a teacher uses it to punish misbehaving.

As feeble as my point may be, I think it should be changed, although I do not know how to go about it.

How would you suggest getting this changed?


Asked on 5/07/09, 9:04 pm

2 Answers from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: Teacher Punishing with Grade

Technically, I can see how the teacher can justify this practice in the context of grading "participation". He/she would argue that the style of participation is relevant; hence, docking points for participation which is disruptive. If you wish to pursue the issue, take it to your school board. If there are enough parents upset with the practice, they may change it. Good luck.

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Answered on 5/07/09, 11:40 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: Teacher Punishing with Grade

As you can appreciate, this is a very serious situation. It sounds like you have kept a good record of events. This teacher's conduct has violated a number of laws. Please contact me. If I can't help, I will refer you to someone in the Sacramento area who can.

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Answered on 5/08/09, 8:34 am


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