Pubdate: Sun, 25 Dec 2005 Source: Central Kentucky News Journal (Campbellsville, KY) Copyright: 2005 Central Kentucky News Journal Contact: http://www.cknj.com Details: http://www.mapinc.org/media/1479 Author: Richard Robards, publisher Bookmark: http://www.mapinc.org/opinion.htm (Opinion) Bookmark: http://www.mapinc.org/find?225 (Students - United States) THINGS THAT MAKE PARENTS ANXIOUS Due process and parental concern knocked heads in an eastern Kentucky county recently, sparking controversy and leaving the door open for potential legislative action. A couple of drug trafficking charges against teacher Stephanie Tackett Hall in Floyd County have not kept her from returning to her classroom while her trial is pending. According to a story in a recent Lexington Herald-Leader, parents of students at John M. Stumbo Elementary School would like to see Hall reassigned to a job outside the classroom until after her trial - which has been delayed until March. She was indicted in February and was initially assigned to work in the central office - away from students. But Floyd County education standards do not allow for the reassignment of a teacher with pay beyond a 45-day limit, according to the story. Evidently, there are no state laws that help in situations like this. So, Hall is back in the classroom teaching health and physical education to kindergartners and other elementary students. Prosecutors and parents are questioning why Hall has been allowed to return to the classroom. Hall's defense counsel says that she is innocent until proven guilty. Never the twain shall meet. Thinking that students are around someone who deals drugs isn't comforting to parents and educators, but Hall has only been charged - not convicted. And that's the legal rub that has created the uneasy situation. On the horizon, though, is potential legislation that may be introduced in the 2006 General Assembly that would make it easier for school superintendents to reassign teachers facing felony criminal charges, according to the Herald-Leader story. There is no statutory requirement that guides school districts and tells them how they should handle pending/ongoing criminal charges. Hall may be as innocent as the kindergartners she instructs, but the thought of a drug dealer in that close a proximity has created an uneasiness that will last until the final gavel falls at her trial (if she ever goes to trial). An even uglier proposition might be that she pleads to a misdemeanor and the cloud of doubt lingers at John M. Stumbo Elementary until folks forget - which may not happen until the now-36-year-old teacher retires. Evidently, no one has the authority to remove someone from a classroom who has been charged but not convicted - especially since the charges are not school related. School districts run scared most of the time - fearing litigation. So they do all they can - which sometimes doesn't seem to be enough - while keeping all their legal ducks tightly grouped. Hall's attorney is unapologetic. He claims that if prosecutors are so concerned, then the ball is in their court. The attorney says prosecutors could get the wheels of justice moving a littler faster if they so choose. Evidently, the state constitution prohibits government employees from being paid for doing nothing (a prohibition that needs a more general investigation). So, suspending Hall indefinitely isn't an option. School districts define their own timeframes. Hall's case may be unusual, but how parents and educators are feeling isn't - it's very consistent. That part is predictable. - --- MAP posted-by: Richard Lake