I was an instructor for an LVN program that was canceled. What can I suggest my students do?
Wednesday June 24, 2009
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I was an instructor for an LVN course when the state closed the program for non-compliance and insufficient proof of clinical compliance. The students are devastated and looking to me for answers. The state has told them they have two options. Obtain a transcript and go to another school, or, if they have paid CNA experience they may challenge the LVN Boards. The director states she (having entered the program after the first director left) doesn’t have grades for the first semester. The previous director has them but refuses to release them. What can the students do?
Jacob
The closing of the program is unfortunate. Obviously, it is the students in the program who suffer most from such a closing. However, the state’s “advice” may or may not be correct. Most often, such closures are governed by the state nurse/LVN practice act and rules. Compliance with the mandates when a closure occurs is essential. A consultation by the students with a nurse attorney or attorney in the state will provide them with legal advice they will need in this situation.
Oftentimes, the act or rules require the educational program to make available student records, grades, and other educational documents so the student is not hindered any more than necessary when looking for admission to a new educational program. For the former director to refuse to release the information in his or her possession is most probably a violation of the act or rules. The director, then, if an RN, may be disciplined by the state board of nursing or LVN nursing.
As a former faculty member in this LVN program, you also may have rights that need to be analyzed. A consultation with a nurse attorney or attorneys would be important in order to evaluate your legal rights, if any, in terms of a breach of contract, salary that may still be due to you, accrued employment benefits that may be due to you, and other possible issues.
Sincerely,
Nancy
Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.
