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.