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.
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MAP posted-by: Richard Lake