A teacher of special needs students transports five students to a local grocery store as part of work training for special needs students transitioning to adult life. The teacher has a bus license and drives the students using the school’s activity bus. The teacher is also accompanied by a paraprofessional.
After the bus returns to the school, the teacher, paraprofessional and students return to the classroom. After an hour, the teacher notices that one of the students is missing and realizes that she didn’t account for this child when returning to school. She gets coverage for her class, and drives back to the grocery store to try and find the child. She is unsuccessful. After another 2 hours, she notifies administration of what occurred. The child is later found by the Sheriff’s Department a mile from the grocery store walking on the side of the road. The parents file a lawsuit against the District for Neglect.
An investigation occurs finding the teacher was neglectful in her duties and endangered the child. She is placed on the Board agenda to be terminated. She has 22 years of successful teaching with no previous history of problems. The Union grieves the decision, saying the District failed to follow Progressive Discipline and the teacher should receive no discipline at all. Based on your local School District Board Policy, will the District or Union prevail? Why? Does the District have the right to skip steps on the Progressive Discipline process? Should anyone else be disciplined in this case according to policy and if so, what is the appropriate discipline?