http://sundaygazettemail.com/section/News/2007031226
March 13, 2007
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Straight-A student?s parents sue over F
By The Associated Press
A top student?s failing biology project grade has landed a Sissonville High School teacher and the school system in court.
The parent of the straight-A student is suing teacher Jane Schultz and the Kanawha County Board of Education, claiming the low score hurt the female student?s 4.5 GPA.
The student, identified only as ?L.H.? in court papers, was given an F? on a leaf project, wherein she collected and identified leaves, because she handed it in a day late, the lawsuit said.
The project?s deadline listed in the class syllabus was Oct. 17, but L.H. was attending a school-approved student council trip to Jacksons Mill in Lewis County from Oct. 15-17.
J. Michael Ronson, the student?s lawyer, said the late assignment should be accepted because the trip had been approved by the principal. Other absent students, including athletes and those who are suspended under disciplinary action, are allowed to hand in work after they return to school, he said.
?It could possibly take her out of the running for valedictorian, and for those highly competitive students, you certainly would make as many A?s as you can,? Ronson said.
[b]The case, filed in Kanawha Circuit Court, seeks an injunction, punitive damages, and damages for ?emotional stress, loss of enjoyment of life, loss of scholarship potential.?[/b]
Schultz and Nancy Walker, assistant principal at Sissonville High, declined comment because of ongoing litigation.
?The class had ample notice that late submissions would not be accepted,? said Jim Withrow, attorney for the Kanawha school board.
?Part of going to school is learning there are rules, learning there are deadlines. Unfortunately, this is a pretty good student. But sometimes you just have to learn from your mistakes.?
But Ronson says his client is actually following the rules very closely.
?She?s really not protesting a bad grade, what she?s protesting is that there?s a refusal to follow the rule in Kanawha County, that if you?re absent from school with permission, then you are given the days you?re absent to make up or complete the work you?ve done,? Ronson said.
As the most significant assignment of the semester, the leaf project was worth more points than the final exam and the student?s A grade will drop to a B if the failing grade stands.
The West Virginia Education Association says they?re watching the case closely, because it could set a precedent.
A hearing has been scheduled March 29, at 10 a.m. with Kanawha Circuit Judge Duke Bloom, and attorneys for the school board have filed a motion to dismiss the lawsuit, which can be heard at that time.[/quote]
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