Earning an A in Chemistry through litigation

Occasionally, we come across a news story that we think you should know about. This one came over the weekend.

ABC News and Good Morning America are reporting about a lawsuit filed by a student and his parent over a Chemistry grade. The lawsuit alleges that the student was not allowed to make up a lab assignment he missed due to an excused absence. The excused absence was attending his sister's adoption hearing. The missed assignment lowered his grade from an A to a C+ (later changed to a B though appeals with the district). The suit claims he has suffered severe physical and emotional suffering, damage to his academic reputation and has diminished chances of getting into his college of choice because of the grade.

The student alleges to have tried to make up the assignment, but was denied by the teacher. District policy should come in to play here. What was the process for make up work for an excused absence outlined in a course syllabus, student handbook, or district policy?

Do you know your district policy on this issue? What is the policy?

What do you think? Should the student have been able to make up the assignment? 

What do you think of this? What do you do to protect yourself from this type of scrutiny?

As an MSTA member, a lawsuit of this type is covered under our professional liability insurance policy.

Please make sure you have the protection you need before you enter the classroom this school year.

Comments

[Danijo108]

The problem is there are teachers out there who think nothing of doing this to a student.

[Pat]

Of course, I don't know the background story, but my first thought is that the teacher is not as concerned about his student and his student's learning as he is about his policies and syllabus. The purpose of teaching is for students to learn. This smacks of a "gotcha."

[Chuck Collis]

Some perspectives from a high school science teacher:

1) The article only cites the plaintiff's side of the suit, which means we may not have the full story.

2) Missed lab experiences are a pain in the derriere. If the teacher is firm about absent students getting the experience, that means running the lab multiple times outside of class to suit students' varying schedules. Equipment and chemicals need to be left out, etc. If the lab is worth ~20% of a student's grade though, it seems like it would be worth the extra effort.

3) If making up the lab experience is unpractical, the absent student can be given sample data and asked to work from that. If the lab is worth ~20% of the grade, it seem like this strategy would be worth it.

4) Why is the teacher making a lab based on what sounds like a single-day experience worth 20% of the grade? I would like to know more.

5) I think my biggest point is that if an absence is excused by a parent and district policy says the excuse is valid, denying points from classwork that day is a losing proposition. Even if the student is chronically absent and you suspect the parent is lying to enable this behavior (which happens far too often), the teacher doesn't have much to stand on. Plan on being flexible with assignments missed due to excused absences and expect it to be frustrating sometimes. Like it or not, this is the current system and standing your ground is probably not worth a law suit.