Legal Question in Education Law in West Virginia
Refuse to change my son's teacher
My son is in the 7th grade and next semester will have this teacher for Art. I have requested him have another teacher but the board tells me that she is the only teacher in that school who qualifies to teach Art. And that it is manditory he have it. I do not want him to have this teacher. She and I have had it out more than once over my daughter. She is one of those verbally abusive teachers who degrades and puts children down. She has hurt my daughter more than once. I don't want her to have the opportunity to hurt my son. As sure as I am sitting here she will try because she knows that is the only way to get to me is through my children and that myself and other parents have been to the board but she is never repremanded. Is there anything I can do? The board knows the things this woman has done but yet they back her. Please, is there anything I can do? How can I protect my son?
1 Answer from Attorneys
Re: Refuse to change my son's teacher
I can only comment on federal law. If you are dealing with a public school system, then you have due process rights -- both substantive and procedural -- under the 14th Amendment to the U.S. Constitution. Are you smart enough to learn about the law on your own and file a lawsuit against the school system? At this point, you don't have much to lose from pursuing litigation -- aside from the court costs. The fact that you have a personal grievance does not disqualify the art teacher. You would need documented evidence and students with the tenacity to testify in court as to her abusive and demeaning manner. If you don't have that kind of evidence, then it amounts to a personal grudge against this particular teacher. In that case, I would not recommend filing any suit. You can find out what non-legal administrative remedies you have -- whoever licenses her as a teacher must have a grievance process or your local school superintendent. If you pursue an administrative grievance at the start of the semester, she will probably leave your son alone out of fear that what she says might show up at the grievance hearing.
Mike Guth
http://riskmgmt.biz/prose.htm
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