Photo: Clemens v. Vogelsang / CC BY 2.0
I am writing this because I found a legal way to force the public schools in the USA to have to reform whether they want to or not. I have discussed this at length with people who understand law, politics, education, and more. There is a consensus among them that this may very well be a good way to make something good happen. Here it is in it’s most basic form.
First, ALL public schools in the USA are under what is known as “En Loco Parentis“, which means, “in place of parents”. They are responsible for all children attending the schools of that district. Also, in the bylaws or governing documents, it can be found some statement to the effect, if not in exact words, “It is our pupose to provide a safe learning environment for all children in our care”, or something to similar effect. That places the school and it’s officials and personnel in legal liability for those children if something happens to them.
Every school year, there are almost invariably students who will bully other students or be bullied. That is in violation of that school district’s legal mandate to provide a safe learning environment as the school/school district is legally responsible for every child in it’s care. If there is legal action there is virtually no way out. They are in legal breach of their purpose.
If a child is bullied, the parents could sue or everything up to a lawsuit. As a reaction, that will cause the district to have to tighten down on rules and procedures that will make it very stifling on students, teachers, and the parents will, upon learning about the changes, become livid. That will make it MUCH easier for there to be consensus to have a real school reform, taking the power away from the government.
Please do not focus as much about the bullying as much as it is a conduit to legally forcing change within the schools. Bullying is a problem that can never be fully solved. As long as there are school age kids, some will bully, and some will be bullied, it is a sad part of life growing up as a kid. That is why it is unavoidable for districts to fight a futile battle and a means for parents to get the kind of school reform they want.
If this can be repeated by no more than say…2000 to 4000 times across the USA, it can cripple the public school system as we know it and make school reform work from the bottom to the top. School districts are petrified of lawsuits. Because the over reaction by schools, even the ones not involved in a lawsuit, they will then over react to prevent a lawsuit and that will cause parents by the millions to be ready to try something different even people who disagree with you philosophically will be ready for change.
There is more than one way to legally approach this, but I have simply laid out the basic sketch in this email. The legal means may be different depending upon the situation, school district, even the persons involved.
I will be happy to discuss this further with anyone who would be interested.
Thank you.
Steve
NOTE: This is from a long time WGEN reader. I think this idea may e able to produce some CHANGES in how the administrations of our public sewer schools operate. I do hope all will read this and if you wish to communicate with *Steve* send it to me and I will forward it to him. Just mark in the Subject line it is for Steve.
Jackie Juntti
WGEN idzrus@earthlink.net
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