V A case of removing HRT on the way of the school year
             Yokohama District Court,   March 27, 1997 Decison
                               Judicail Precedent Times No. 1667
1.Outline
This is an exceptional case. A female teacher who was a HRT ( Home Room Teacher ) of the
second year class in a primary school, continuing the charge from the first-year class the year
before.

A stuent of her class was going to school refusal, this means this student was refused entry to
her class, at the first -year class and at the second year his healthy condition was the same.
Therefore, his mother took him to the integrate education centre and consulted with the staff
abot his problem, and thought, " The guidance of his HRT is too severe for him." and asked to
the principal to change the HRT.

Then, the principal made the student " Going to principl room " in stead of going to classroom
without consulting with the HRT on May 24.
Afterwards, though he said to her, " I will expect to return him back to your class. ", she refused
his request.

Then, the principal removed her from the charge of HRT on June 17, and for that she fell into
the despair feeling which became an autonomous neurosis, and finally was suspended from
duty.
2. Complaint on the principal side at the Court
● I asked to all of the HRTs, " If you have any student of going to school refusal in your class,
  tell me the fact. ", but she answered, " He is not going to shool refusal. "

● As for removing her from the charge of HRT, beforehand I held the staff meeting about it.

● I asked to hold the urgent parents' meeting of her class, though I only explained to the parents,
 " I will change her because of her illness.

● Afterwards, I apologized to her of the "Student going to principal room " without consulting
  with her, but she got so excited and said, " He is not a student of my class any longer."  

● On the otherhand, his mother continued to request, " Anyway, change to any other HRT except
  her. "
3. Substance of Court decision
● The student has transitive epilepsy syndrome and it seems to cause the going to school
  refusal.

● The principal did not obtain her consent of it, and she refused to accept the student in her
  class again, and he removed her from the charge of HRT on the way of the school year.
  
● Moreover, when she visited him with her husband, he said, " Not too bad to remove such a
  teacher from the charge of HRT ! "

● While she was suspended from duty, a lot of letters to encourage her were sent to her from
  some parents, the students of her class and students of some other classes.

● As for the problem, serious confusion was not caused in her class , but kept healthy environ-
  ment of the class and for her the management was not so difficult.
4. Court decision
There were the discretion right abuse of the principal and ordered to him and the Board of Educ.
to pay her the compensation of it and the pay back of being suspended from duty.
【Comment】 This is rare case of disposal of HRT, for the following judicial precedents were all
         recognized as regal.
   ● Hiroshima District Court, November 19,1986  ● Hiroshima Higher Court, September 13
   ● Nagoya District Court, April 15, 1987        ● Nogoya District Court, November 30,1990  

Therefore, this case seems to contain the lessons of parent's egoism and " Likes and dislikes " of
a techer and a careless management of principal.

      
W A case of transfer ( Job changed )
This is a case where a principal of kindergarten was transfered to a new job in contradiction to
her will,and the Court recognized it as legal.

   Takamatsu Higher Court,   September 16, 1993 Judged Judicial Precedent Times No.859
1. Outline
● She was employed as a village-owned kindergarten assistant teacher, and April 1992, was
  apponinted to the principal of the kindergarten of this case.

● She was not be welcomed by PTA chaiman soon after she arrived there, and then there was
  a discord about her policy between her and the parents and between her and the staff of the
  kindergarten.

● She made 30 minute's meaningless speech at the athletic meet opeining when all of staff were
  so busy for the meet.

● She displayed gripping the neck of a kindergarten kid at the excursion and took a picture.

● A teacher was scolded in fron of the kindergarten kids.

● The petition over 15 items was put out to the Board of Educ. by the parents, and finally the request
  ( 150 people ) of wanting to transfer her to another kindergarten was submitted to the Board.

● People in othe districts where the rumore had been heard, submitted the request to the Board
  not to move to their districts.

● Then, the Board thought her unsuitable for infant education and determined to change her job
  and made the new post of the chief editor assistant of the Hometown Material Pavilion and
  transfered to the post. It was assumed the salary was the same as before.
2. Court decison
The transfer ( job changed ) was admitted by the Court: District Court and Higher Court.
And Impartiality Committee of the City had the same conclusion.
【 Comment 】She was not only in bad a relationship with PTA chairman, but was bad in those of parents
         and the people as for infant education, so I think the disposal was moderate.
         As another example, there was much dispute of the management of the class between
         the parents of the students, and the principal ordered the teacher " Out-school training "
         for a long time and it was recognized by the Supreme Court. April 26,1991
  
Yuri S.