How to Make a Fair and Legal Decision

Scenario

There is a classroom at Kulshan that is not used by anyone. Several teachers have claimed the space. They go to the Principal who must decide who will get the spare classroom.

In order to make a fair decision the principal follows the procedure to make a fair decision in a legal matter.

LEGAL

FAIR

The Procedure

1. Clearly define the situation. (Asks who, what, where, why and how did this situation occur.) Asks questions.

The principal asks the janitor, the past principal, and other teachers involved in to find out how the room came to be empty. They tell her that two teachers decided to team-teach and moved into one classroom together. This was their own decision, and they do not want the use of the spare classroom. The classroom was located in the 300 wing, next to the library.

2. Determine background and information about each claimant involved in the case. Asks questions.

The principal asks questions to discover “Who the people who are that are “claiming” use of the classroom since it is no longer occupied?”

§ Mr. Boxx – Mr. Boxx has taught at Kulshan since it opened, for eight years. He was part of the design team for the original building. He has taught 25 years in the Bellingham School District and been honored for his contributions to Kulshan and the district. He currently teaches social studies in the eighth grade. He wants to use the classroom as spare office space.

§ Ms. Topp – Ms. Topp is a first year teacher. She teaches E.S.L. (English as a Second Language) half time. She wants to use the classroom for instruction.

§ Mrs. Logg – Mrs. Logg has taught at Kulshan for 4 years. She taught eight years in Everett prior to coming to Bellingham. She teaches art and drama. She wants to use the classroom for instruction.

3. Clearly understand the argument of each claimant. Asks questions.

The principal asks each person to explain their claim and why they should be given the space.

§ Mr. Boxx claims that as a senior staff member he is entitled to the benefit of having additional space for an office, because he has accumulated so much teaching material he can no longer keep it in his office. He claims that he shares his materials with many other teachers, and they depend on him to have everything, and he can no longer keep it in his room and have room to teach.

§ Ms. Topp claims that she currently has to move classrooms every class period (in her half day) because she teaches in teachers’ rooms during their planning period. She teaches in room 201, 307 and then 402. It is difficult to move every period, and it uses her instruction time unwisely. She would like one space to teach and not have to move from room to room.

§ Ms. Logg claims that she teaches two very different subjects and it is difficult doing that in one classroom. If she had one art room she could lay out her paints, pottery materials and other supplies and keep them out for student use. She could do her drama class in another room where students could set up scenes and practice areas and not have to move paint and art messes in order to work.

4. Review the laws that apply.

The principal reads the district handbook, the Kulshan rulebook and the Bellingham School District Board Policies. She/he finds a rule that says:

“Principals must determine fair and equitable assignments of classroom space within their building.”

On further research she/he finds another rule regarding assigning faculty to classrooms is in the Bellingham Teacher contract.

“Every teacher must be given a space to teach, a desk and a file cabinet.”

IS THE PRINCIPAL READY TO RENDER A DECISION?

The principal considers if she/he has enough information to make a decision that is legal and fair. She/he decides that more information is needed.

What else does she/he need to ask of the claimants?

She/he asks each teacher to describe her/his current teaching space, the desk and the file cabinet to see if the law is being followed.

§ Mr. Boxx says he has a standard classroom. He says he has a 25-year-old desk. The bottom drawer is broken, and it cannot be locked. His file cabinet is the standard black metal file cabinet and does lock.

§ Ms. Topp says she has an office space off the library where she has a brand new desk, and a brand new file cabinet. She teaches in different classrooms each period, and each is a standard classroom.

§ Ms. Logg says she has a standard classroom. Her desk is a year old, but her file cabinet is an old wooden one, that does not lock.

ARE THERE ANY OTHER QUESTIONS THE PRINCIPAL SHOULD ASK BEFORE RENDERING HER DECISION?

5. 5. Render (make) a decision. The principle reviews the information in order to determine if a legal and fair decision can be made at this time. The procedure:

· Review the law(s).

· Review the claims of each person to see if the law applies.

· Review the arguments of each person to see if the law applies.

· List any important facts/details to consider.

· Ask any further questions where information is weak or missing?

· Ask any further questions needed for clarification.

IF YOU WERE THE PRINCIPAL, WHAT WOULD YOU DECIDE?

Answer these two questions on your own notebook paper. Use evidence to support your decisions.

1. Who would get the classroom? Why?

2. Who would not get the classroom? Why?

Steps To Follow To Make A Fair And Legal Decision

1. Clearly define the situation (Find out who, what, when, where, why, and how)

2. Determine background information about each claimant involved in the issue (case).

3. Clearly understand the argument of each claimant.

4. Review any laws that apply to the case.

5. Render a decision based on the law that fairly addresses the concerns and arguments of the claimants. In the decision, the written document called a legal brief, explain why you made the decision for one claimant and why not for the other claimant(s).