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Calif. Student Sues Teacher, District Over C+ Grade
yahoonews.com/abcnews ^ | 7-26-12 | Katie Kindelan

Posted on 07/28/2012 7:16:18 AM PDT by rawhide

Bowen Bethards, 17, was a sophomore in Peggy Carlock's chemistry class at Albany High School in Albany,Calif., outside of San Francisco, in the 2010-11 school year when she gave him the C+ grade at the center of the suit, according to court records first reported by the Albany Patch.

Bethards, in a lawsuit filed with his mother, Laureen, in Contra Costa County Superior Court last month, claims that he has suffered severe physical and emotional suffering, damage to his academic reputation, and diminished chances of getting into his college of choice because of the grade.

The Bethards claim that Carlock, who no longer teaches at the school, punished Bowen for missing class on a day that his fellow students performed a lab. Bethards, according to the suit, had to miss class to attend the adoption hearing for his younger sister and so informed Carlock of his absence ahead of time. The two agreed upon a make-up date but when Bethards showed up on the agreed-upon date, he says, Carlock said he could not make up the lab and was instead, "going to fail him," according to court documents.

"My son was denied his rights and they stole his grade from him,"Laureen Bethards told ABCNews.com. "He had a 106 percent and he always went to class and he missed that one class and he was entitled to make up that missed lab and they didn't let him."

The suit says Carlock's refusal to allow the teen to make up the lab violated California Education Code Section 88205. The missed lab, according to Bethards, dropped his overall grade from an A+ to a C+.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Miscellaneous
KEYWORDS: c; education; grade; publicschool; teachers
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My solution: the school district should let the kid perform the make-up lab today and give him the ptoper grade.

By the way, he had a lousy excuse for missing an important lab the day it was first scheduled, imo.

1 posted on 07/28/2012 7:16:22 AM PDT by rawhide
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To: rawhide
It's not the grade, it's the knowledge of facts and process that count in the long run.

Remember that the last few POTUS/TOTUS have been C students or worse.

2 posted on 07/28/2012 7:23:42 AM PDT by Paladin2
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To: rawhide
...17, was a sophomore...

A 17 yr old sophomore? That age is normally a late junior, senior year. Apparently, not the sharpest knife in the drawer. Whiner, too!

3 posted on 07/28/2012 7:26:06 AM PDT by Bushbacker1 (I miss President Bush! 2012 - The End Of An Error! (Oathkeeper))
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To: rawhide

>> and diminished chances of getting into his college of choice because of the grade.

Judge Smails: Well, the world needs ditch diggers, too.


4 posted on 07/28/2012 7:27:01 AM PDT by Bryanw92 (Sic semper tyrannis)
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To: Bushbacker1

To self, you probably just read it wrong.


5 posted on 07/28/2012 7:27:44 AM PDT by Bushbacker1 (I miss President Bush! 2012 - The End Of An Error! (Oathkeeper))
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To: rawhide

Yes, but, according to the article, the teacher agreed to it before the date in question.


6 posted on 07/28/2012 7:27:59 AM PDT by impimp
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To: rawhide

We had to see this coming.

Litigation aimed at teachers may well have a silver lining. If they get held personally responsible for punitive damages, they may stop encouraging this kind of entitlement behavior.


7 posted on 07/28/2012 7:29:20 AM PDT by Steamburg (The contents of your wallet is the only language Politicians understand.)
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To: rawhide
I don't get what you are saying. This was no slacker of a student. He was an excellent student who had notified his teacher ahead of time of the need for his to attend the adoption hearing for his sister. The teacher agreed to let him make up the test and then reneged on the agreement. Instead of keeping his promise this teacher tells the student he is going to fail him. Sounds like a lousy teacher to me who loves throwing his weight around. More like a wannabee college instructor.
8 posted on 07/28/2012 7:32:41 AM PDT by Nevadan
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To: rawhide
He had an A in the class at that point in time, it was the only class he missed and he made arrangements with the teacher ahead of time to makeup the lab.

The teacher sounds like a bitch.

9 posted on 07/28/2012 7:34:08 AM PDT by CaptainK (...please make it stop. Shake a can of pennies at it.)
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To: Nevadan

I know he got the excused absence approved prior, but his reason for missing lab that day, as least to me, was not very important, especially since this was an important lab assignment.

The teacher was wrong in not letting him do the make-up as promised though.

Like I said, let him do the make-up lab today and give him the proper grade.


10 posted on 07/28/2012 7:38:49 AM PDT by rawhide
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To: rawhide

This was a Doonesbury sequence decades ago. Somebody sued over a B+ and was awarded something like $4 million in damages.


11 posted on 07/28/2012 7:39:23 AM PDT by jimfree (In Nov 2012 my 12 y/o granddaughter will have more relevant executive experience than Barack Obama)
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To: rawhide

“Lousy excuse?”

Perhaps he was required at the adoption hearing so the judge could evaluate the entire family. Maybe he wanted to voluntarily to welcome his new sister to the family — in such case, he is very family oriented. Either way, it is a great reason to be excused from school for the day.


12 posted on 07/28/2012 7:40:52 AM PDT by ProtectOurFreedom
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To: Paladin2
If the kid did, indeed have a 106% average, (an A+ if there ever was one) and the "teacher" busted him back to C+ for missing a single day's activities, then the teacher rated that single day's activity absurdly high as a fraction of the overall class.

Dropping the student from an A+ to an A or A- might have been appropriate, if the lab was truly significant -- but not two whole grade levels for a single day!

Even skipping the most overrated final exam I ever took would not have that huge effect!

Looks like the teacher is an @$$...

13 posted on 07/28/2012 7:45:09 AM PDT by TXnMA ("Allah": Satan's current alias...)
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To: rawhide
You know, the quality of Freepers seems to have declined over the years. While on one hand they decry the bias and incompetence of the news media, on the other they believe every word in a story that contains only information from a plaintiff and his attorney!

Considering how cowardly the average administrator or bureaucrat is, and considering that the parents went all the way to the school board, if there was any question or leeway here, the grade would have been changed. The fact that it wasn't by the powers-that-be is a relatively good indication that there is more to this story than was printed. But, of course, let's believe Yahoo news blindly!

14 posted on 07/28/2012 7:46:22 AM PDT by Charles H. (The_r0nin) (Hwaet! Lar bith maest hord, sothlice!)
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To: rawhide

“Bethards, according to the suit, had to miss class to attend the adoption hearing for his younger sister and so informed Carlock of his absence ahead of time. “

Horrible excuse for sure...


15 posted on 07/28/2012 7:46:35 AM PDT by Walkingfeather
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To: rawhide

His attendance at the hearing may well have been ordered by the court...


16 posted on 07/28/2012 7:47:33 AM PDT by TXnMA ("Allah": Satan's current alias...)
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To: Bushbacker1

I believe it means he’s 17 now, but received the grade in the 2010-2011 school year when he was a sophomore.


17 posted on 07/28/2012 7:51:33 AM PDT by ShasheMac
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To: rawhide
but his reason for missing lab that day, as least to me, was not very important, especially since this was an important lab assignment.

Since he was attending an adoption hearing for his sister, he should have been excused. Perhaps he was ordered to be present at the hearing. We don't know the circumstances of the adoption, that required his attendance. He sounds like a kid who enjoyed learning and didn't miss school.

18 posted on 07/28/2012 7:51:35 AM PDT by Jaidyn
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To: rawhide

Where’s the teachers union? All they have to do is send some goonion brothers over to adjust the family attitude—hey no more problem.


19 posted on 07/28/2012 7:54:22 AM PDT by Harley (O M G ! Obama Must Go!)
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To: Charles H. (The_r0nin)

Yahoo has more credibility then the average public school teacher


20 posted on 07/28/2012 7:57:19 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: rawhide; Nevadan

“...his reason for missing lab that day, as least to me, was not very important...”

Rawhide, take it somewhere else...you have no knowledge that his reason for missing was ‘not very important’.


21 posted on 07/28/2012 7:58:02 AM PDT by GGpaX4DumpedTea (I am a Tea Party descendant...steeped in the Constitutional Republic given to us by the Founders.)
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To: rawhide

That was a VERY important reason for missing a class...adoption of his sister. Occasions like that only happen once in a lifetime. Guess everything should have been in writing. Too bad the teacher couldn’t be trusted.


22 posted on 07/28/2012 8:01:55 AM PDT by madison10
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To: rawhide

Almost the exact same thing happened to me in college. I had to attend a funeral for a family member. Prof said I was excused for a makeup the following week. Went to schedule the makeup and the prof said my grade average was so high that he would just average my grade separately when it came time to do final course grades. He didn’t do that and I found out a few weeks after finals that my course grade went from an A to a B-. The prof had left for Costa Rica and without anything in writing, I couldn’t get my grade changed or do some kind of makeup work to raise my grade. I should have made a formal complaint to the dean, but I figured I was screwed no matter what since our agreement was never in writing. I heard years later that the prof died a miserable death at a relatively early age, so maybe karma took care of things.


23 posted on 07/28/2012 8:04:19 AM PDT by Kirkwood (Zombie Hunter)
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To: rawhide
I know he got the excused absence approved prior, but his reason for missing lab that day, as least to me, was not very important, especially since this was an important lab assignment.

Huh? As a 17 year old wouldn't you want to be there for the hearing over your new sister? Are you really that cold-hearted?

24 posted on 07/28/2012 8:05:18 AM PDT by raybbr (People who still support Obama are either a Marxist or a moron.)
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To: GGpaX4DumpedTea; Jaidyn; Walkingfeather; ProtectOurFreedom; Nevadan; madison10; Kirkwood

Okay, okay, on second thought, you guys may be right, maybe he was required to be there, or since it was an important event in the family. (red-face)

At first glance it seemed to me to be a lousy excuse, since the lousy teacher gave it such importance, as far as his grade was concerned. And the kid did approval before hand.

I was not thinking clearly this AM.

Sorry.


25 posted on 07/28/2012 8:07:21 AM PDT by rawhide
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To: rawhide

“... he had a lousy excuse for missing an important lab...”

I don’t understand why it was a lousy excuse? An adoption hearing may require that all potential siblings attend so they may answer questions. For our foreign adoption, our two children had scheduled meetings with our case worker/social worker. The information obtained was that the addition of a child wouldn’t cause issues with siblings. The teacher accepted the absence beforehand and then decided later she wouldn’t accept it. I see the fault lying completely on the teacher. IMHO.


26 posted on 07/28/2012 8:22:53 AM PDT by momtothree
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To: rawhide

You posted seconds before I did. Smooch... all is forgiven. LOL!


27 posted on 07/28/2012 8:25:22 AM PDT by momtothree
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To: rawhide; All

Sounds like a legit excuse, and if they have an order from a court or judge to appear....this school district will lose...pre-absence agreement or not

If the school was smart, they would settle this out of court, with the proper amended grade

Also, would like to know why this teacher is no longer at this school. You can bet her work history and background will be checked out


28 posted on 07/28/2012 8:34:58 AM PDT by SeminoleCounty (Remember when RINOs were something you hunted in Africa?)
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To: rawhide

There is something wrong with the chemistry of this story. I believe we have here an improper mix of fact, and fiction.


29 posted on 07/28/2012 8:41:07 AM PDT by Jay Redhawk (Zombies are just intelligent, good looking democrats.)
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To: Nevadan
More like a marginal graduate assistant. I really do remember this guy ~ there he was, in charge of folks signing up for college English classes at a summer school session at the IU downtown center.

I'd already been exempted from the first three semesters so I could go right into third year courses if i wanted ~ and this idiot hands me a pen to fill out the form ~ and tells me only little kids use pencils here.

That was the very last English class I ever tried to sign up for. IDIOTS. Not surprising they eventually went after Bobby Knight.

So, must be his cousin ended up as a chemistry instructor in a high school ~

30 posted on 07/28/2012 8:50:00 AM PDT by muawiyah
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I’m not from California, so I may be looking in the wrong section, but I can not see that California Education Code Section 88205 has anything to do with this case. ABC News isn’t exactly above making up a story. http://www.lawserver.com/law/state/california/codes/california_education_code_88205


31 posted on 07/28/2012 8:50:24 AM PDT by lnbjohnson
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To: rawhide
"The Bethards claim that Carlock, who no longer teaches at the school, punished Bowen for missing class on a day that his fellow students performed a lab. Bethards, according to the suit, had to miss class to attend the adoption hearing for his younger sister and so informed Carlock of his absence ahead of time. The two agreed upon a make-up date but when Bethards showed up on the agreed-upon date, he says, Carlock said he could not make up the lab and was instead, "going to fail him," according to court documents."

If this is accurate the whining wimp might just have a case.

FWIW, only Divine intervention would have gotten me a C+ in chemistry

32 posted on 07/28/2012 9:15:32 AM PDT by muir_redwoods (Legalize Freedom!!)
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To: rawhide

People should wait to hear the teacher’s side of this.
All that yahoo published was the student’s side.


33 posted on 07/28/2012 9:22:20 AM PDT by CivilWarguy
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To: ProtectOurFreedom
— in such case, he is very family oriented.

I'm beginning to see a picture of a Christian kid being persecuted by a liberal teacher.

34 posted on 07/28/2012 9:23:18 AM PDT by aimhigh
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To: rawhide

Not important? The judge usually wants all the family to be at the hearing. I’m sure he learned more at the courthouse than he would have in school.


35 posted on 07/28/2012 9:40:01 AM PDT by bgill
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To: Bushbacker1

Or it could mean he was born after September and thus started school late.


36 posted on 07/28/2012 9:52:45 AM PDT by Just Another Lurker (I'll go back to sitting in my corner now)
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To: rawhide

From a 106 average down to a C+ for one lab? Man, that’s a tough high school!

Honestly, though, if the kid alerted the teacher to the pending absence, the teacher agreed, they had a make-up date set, then why not let him do the make-up?

Weird story.


37 posted on 07/28/2012 10:02:07 AM PDT by Future Snake Eater (CrossFit.com)
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To: TXnMA

I missed a lab report in high school and went from a B to an F.

Still got into the college of my choice.

Fred’s Matchbook Kollij of High Nollij. Before subscribing to that school, I couldn’t spell “graduate.”

Now I are one.


38 posted on 07/28/2012 10:15:09 AM PDT by DPMD
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To: rawhide

At the end of the article, we learn that the school changed his grade to a B in the next semester after the parents complained.

So, the C+ appears NO WHERE on his transcript - and the article is very, very misleading.

What it SHOULD say is that they are suing over a B to get it changed to an A+ as he feels this B on his transcript diminishes his chances to go to a top CA school.


39 posted on 07/28/2012 10:18:13 AM PDT by SoftballMominVA
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To: rawhide
By the way, he had a lousy excuse for missing an important lab the day it was first scheduled, imo.

I do not agree. It was an important family event that does not occur everyday. Such events are more important than some idiotic indoctrination center mandated by the government.

40 posted on 07/28/2012 10:25:43 AM PDT by JimWayne
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To: rawhide

Read some of these comments and still feel this way. Holy helicopter parents Batman! This kid is screwed, and has been for a long time!


41 posted on 07/28/2012 10:27:30 AM PDT by vpintheak (Occupy your Brain!)
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To: vpintheak

My grandson was at the top of his class and about to graduate with top honors above all other students in his school. Something similar happened to him and he was given a B+ instead of the straight A+’s he had all through school. He did NOT get the top graduate position nor the scholarships that went with it. None-the-less, he went on to college, paid his own way along with financial help from his Naval ROTC and became an honored Naval Officer. You can’t keep kids like that down by throwing rocks in their pathway. They will find ways around the obstacle, without a lawsuit.


42 posted on 07/28/2012 10:42:12 AM PDT by DaveA37
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To: rawhide

What? I can’t think of a BETTER reason to miss a day of school than attending the adoption hearing of one’s sister.

I don’t know why the teacher wouldn’t let the kid make up the lab later, but the reason the kid missed was legitimate!


43 posted on 07/28/2012 11:07:12 AM PDT by Paved Paradise
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To: Progov

Amen!


44 posted on 07/28/2012 11:26:00 AM PDT by vpintheak (Occupy your Brain!)
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To: Bushbacker1

I GRADUATED High Schoolwhen I was 17. There is something bogus in this story, IMO.


45 posted on 07/28/2012 11:57:52 AM PDT by ridesthemiles
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To: All

Priorities:

#1-—G-D

#2-—Family

#3-—Everything else.

Teacher needs to get her priorities strait.

Thankfully this student won’t have to put up with any more of her BS, but it’s too bad someone else might.


46 posted on 07/28/2012 12:28:12 PM PDT by PrairieLady2
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To: Bushbacker1

Here’s a math problem for you.

If a person is 17 in 2012, and was a sophomore in 2010, how old were they when they were a sophomore.


47 posted on 07/28/2012 12:51:24 PM PDT by PAR35
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To: rawhide
By the way, he had a lousy excuse for missing an important lab the day it was first scheduled, imo.

Yep. Tell the judge to take his hearing and stuff it, and toss the girl back into foster care.

By the way, are you pro-abortion?

48 posted on 07/28/2012 12:53:14 PM PDT by PAR35
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To: rawhide

Lawyer yer way to college n then get fired at your first job for being an idgit ... Sweet.


49 posted on 07/28/2012 3:40:23 PM PDT by Squantos
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To: rawhide
By the way, he had a lousy excuse for missing an important lab the day it was first scheduled, imo

Missing class to attend the adoption hearing for his younger sister is a lousy excuse?

Yeah, what's family, in the face of the scheduling needs of the state education machine?

:: spit ::

50 posted on 07/28/2012 4:41:17 PM PDT by Talisker (One who commands, must obey.)
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