Bismarck Tribune - North Dakota News - School punishment might be subject of bill

School punishment might be subject of bill

Jul 20, 2008 - 04:05:55 CDT

FARGO (AP) - A West Fargo music teacher who was fired two years ago for striking an 8-year-old student in her class is pressing legislators to draft a bill that would give teachers more legal recourse.

"I don't think anybody should have to go through what I did," Mavis Tjon said. "There's no protection for teachers."

Four Fargo-area state legislators are looking into a bill that would require school districts to follow the state statute on corporal punishment. State School Superintendent Wayne Sanstead said it would be a monumental change in policy.

"We're much more a local-control state than most," he said.

State statute defines corporal punishment as the willful infliction of physical pain. The West Fargo School District's policy does not include "willful" in its definition.

Tjon, 64, who had taught for 25 years, said she tapped a third-grade music student on the head to get his attention in October 2006.

"Should I have done that? No," she said. "Did I hurt him? No."

Tjon was immediately suspended and later fired for violating the school district's corporal punishment rules. She sued in January 2007 for wrongful discharge, but East Central District Judge Frank Racek ruled in the district's favor this past April. Tjon did not ask the state Supreme Court to review the case because she did not think she would prevail.

The state Education Standards and Practices Board, which licenses teachers in the state, did not discipline Tjon, though Tjon decided not to renew her license.

"For all of this to happen has been really hard," she said. "I have never wanted to be a public person at all."

West Fargo School Board members declined comment on the case, but Human Resources Director Robin Hill said, "I believe the situation was handled appropriately."

Rep. Blair Thoreson, R-Fargo, wonders.

"I certainly feel that Mavis was probably wronged," he said. "I don't want to see it happen to someone else."

Also involved in the bill talks are Sen. Judy Lee, R-West Fargo; Rep. Don Clark, R-Fargo; and Sen. Tim Flakoll, R-Fargo.

News > State

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Comments

Upsetting wrote on Jul 21, 2008 1:42 PM:

" I agree with Uffda: Fix this mess! Society needs to take back control from this younger generation, it has gotten so far out of hand. Parents appear to be as afraid of their kids as the rest of society, and that leads to a pretty bleak future with a generation of disrespectful and lazy kids growing up right now. These kids don't show up for work, have no idea what commitment is, are growing up selfish and self centered because no one is allowed to teach them any different, including teachers who can't even set expectations in their own classrooms. I say bring back the woodsheds and wooden paddles. Society, we've got a problem. "

UffDa wrote on Jul 21, 2008 10:27 AM:

" I really hope the legislature fixes this problem, so this teacher can get her job back, She got the shaft because the school district was probably afraid the parents of this kid would sue them! They should have kept their kid under control instead. Legislature: fix this mess! "

MESSED-UP wrote on Jul 21, 2008 12:27 AM:

" AND WHAT ABOUT THE JUDGE?---OF COURSE HE WOULD RULE IN THE DISTRICTS FAVOR!!!!! SAD SOCIETY WE LIVE IN! THE TEACHER DID THE RIGHT THING---THE STUDENT AND PARENTS DID NOT! "

to prime example wrote on Jul 20, 2008 9:18 PM:

" Where does it say she was a member of NDEA? "

bigpoppakdog wrote on Jul 20, 2008 7:26 PM:

" Prime example of the "me" generation. I'm only 36 years old and if my parents ever heard I got in trouble at school I guarantee you that the punishment would have been a heck of a lot worse than a "tap" on the head. "

dof wrote on Jul 20, 2008 4:56 PM:

" to 'educator' Good for you! its about time the good guy get a break. I've noticed that there are a lot of kids/young adults, boys and girls, who have no respect for others and are eager to scream foul when an adult steps on them. Granted there are a lot of good kids out there too. But the little jerks seem to be more noticeable. "

Oracel CEO wrote on Jul 20, 2008 3:43 PM:

" It's funny (in a sad way) how we use such a strict measuring stick when judging the actions of teachers but seem to give parents chance after chance to neglect and harm their own children. You read a lot more stories about parents killing or neglecting their kids than about teachers causing any actual physical harm to a child. "

Upsetting wrote on Jul 20, 2008 12:53 PM:

" This is very upsetting that this teacher got in trouble . Society today has gotten so weak and doesn't have any expectations for kids , there are no guidelines, and respect is a thing of the past. When a teacher has to take measures to get a child's attention or demands proper class participation, that teacher is punished??? Sad, indeed. These students disrupt the class which takes away time from all the others in the class, and yet teachers aren't allowed to control their classroom, have expectations for their students, or impose any sense of responsibiity. Tapping him on the head? That is a major offense? I don't think so. I stand behind that teacher in doing whatever she needed to. If parents get all bent out of shape because their child was disciplined, that is very disturbing. They should be dealing with their child, not with the teacher. My child knows that if she gets in trouble in school that is nothing compared to when she gets home. She has been taught right and wrong , however, if she makes bad judgments she has to also deal with the consequences, and I am very disappointed if those consequences can't be doled out by anyone in authority. We have told her teachers to have expectations for our daughter, make demands regarding homework, don't let her slide, and we reinforce these things at home. Teachers are our eyes and ears as to how our child behaves, and I think it's a shame when they have to sit on their hands and let kids rule the classroom. Parents, stop looking the other way, stop expecting people to tolerate the inappropriate behavior of your kid , and take an active role in teaching your kids proper behavior so things like this don't have to happen to others trying to do your job. "

educator wrote on Jul 20, 2008 9:51 AM:

" This past school year there was a fight where I work. I grabbed one of the students and removed him from the situation. The student yelled the entire time that I wasn't allowed to touch him and that he was going to sue me for everything I had. (I told him he was welcome to take over all of my debt because that is all I have)
Where do kids get the idea that no matter what they are doing an adult can't touch them? He was punching another student. At least when it was all said and done he was charged with assault and not me. "

What next wrote on Jul 20, 2008 9:27 AM:

" What is next for the parents of this child. What are they going to complain about next. It is not the teachers that are failing our education system, it is parents like this one who cannot accept their precious child is disruptive and needs discipline. "

Think about it wrote on Jul 20, 2008 8:38 AM:

" And we wonder why are country is the way it is? A teacher an educator, losses a job over something so small. (A parent cannot even spank a child in fear of lossing the child or going to jail) You know who is really at fault? The parents for pressing charges, and us The people for letting it get so out of hand! No wonder our country is getting so messed up!! "

prime example wrote on Jul 20, 2008 6:35 AM:

" Here's a prime example to all the teachers out there that believe by paying the NDEA union your dues you are going to get adequate representation in the courtroom. I've heard too many times by disillusioned teachers how the NDEA is going to "save them" if they are accused of anything. How many thousands of dollars did she "invest", as the NDEA puts it, over the years, and for what? "

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