Stapler mishap lands teacher, student in court

April 21, 2010 4:45:53 PM PDT
A teacher is fighting back against Alief ISD after she accidentally hit a student with a stapler in class. Her case now involves an 11-year-old who has been called to testify in court. When a sixth grade student at Budewig Intermediate School opened his mail box this week, he didn't expect to get a subpoena to appear in court as a witness to a classroom incident involving a sixth grade teacher.

"Upset; we had no idea about it," said a relative of the boy subpoenaed. "We figured the school should have at least let the class know."

The boy's relative, who didn't want her identity revealed, said she was never notified by the school that a teacher was involved in an incident.

So ABC13 contacted Alief ISD.

It turns out that back in February, teacher Dana Herron Hardwick was apparently twirling around a stapler when it flew out of her hand and hit a student. Police were called, and the teacher was removed from class for a week.

Now, Alief ISD issued the following statement: "Although it was determined that the incident was not intentional, the teacher's action was considered reckless, and she was issued a Class C misdemeanor ticket by the Alief ISD Police Department. We were unaware that the teacher was going to contest the citation and we apologize for not notifying parents."

The teacher is contesting the ticket. The teacher's attorney says she believes she did nothing legally wrong.

A trial date is set for August, and at least one sixth grader will most likely find himself on the witness stand.

"I just don't know why they could not take five minutes and write a note to parents telling them what happened," the relative of the boy said.


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