Parent wanting child moved
by Gubb and Partners - 2006
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A parent comes to see you, demanding their child be moved from a class because there is a 'personality conflict' between the child and the teacher. They allege it is undermining their child's self-esteem and progress.
The teacher denies there is a personality conflict, saying the student is wilful and disobedient, but in time will come right. The teacher does not want the child moved, as she says this will undermine her authority and set a bad precedent.
The circumstances of this case often consume enormous amounts of senior management and trustees' energy and time. In the first instance, there should be a robust 'complaints policy' that the parent can be directed to. It may involve an initial meeting with the teacher, parent, and student, often with a facilitator. If this fails, the dispute is often referred to mediation.
The principal and board have to carefully manage their obligations and responsibilities. They must fully and fairly investigate complaints against employees, while at the same time being mindful to act as a good employer.
Investigations into these types of disputes often produce equivocal results, with fault falling on both parties. If the school determines that the best solution is to move the student, the teacher may allege unjustified disadvantage. To counter this, the school would need to evidence fault on behalf of the teacher, that other options were carefully considered, and that the teacher was fully consulted, including that their views were listened to with an open mind.
If the student remains in the class and the problems persist, the risk is that the parent will lodge a complaint with an external agency such as the Education Review Office or Ministry of Education. The school would also be obliged to investigate the student's behaviour and, if necessary, take remedial action.
The Education Act 1989, sections 75 and 76, give the principal and board of trustees discretion to manage the school as they think fit, which includes the placement of students in class. The parent, therefore, has no legal basis for demanding that their child be moved to another class.
The teacher is an employee and is required to follow all the 'lawful and reasonable instructions' of the board as employer, including accepting the transfer of a student out of her class. The teacher may, however, as previously stated, contest that the instruction is 'reasonable'.
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