Friday, 17 April 2009

N.J. Supreme Court rules teachers accountable for actions while protecting students

Tony Kurdzuk/The Star-Ledger
A 2007 photo of the Justices of the NJ Supreme Court hearing arguments in Trenton.


NJ.com
by Mary Fuchs/ Statehouse Bureau
Thursday April 16, 2009

A Jersey City teacher who said she was assaulted by police after another teacher claimed she had threatened her students may sue the state for defamation and causing "emotional distress," the New Jersey Supreme Court ruled today. The justices said that public school teachers were first and foremost responsible for students' safety in the event of a threat. But teachers and administrators are still accountable for their actions if they deliberately try to hurt someone while trying to protect the students.

"We must balance those important rights and responsibilities in one such apparent conflict," wrote Justice Helen Hoens, for the court.

But the state's highest court said Sopharie Leang could not accuse the city's Board of Education with "assault" and "battery" because her medical records did not show she was harmed after the police sent her to the hospital.Leang, who taught ESL at Jersey City's Public School 11, is fluent in five languages and was born into a royal family in Cambodia, her lawyer said.

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