13-year-old student arrested for burping

(CBS/AP) Albuquerque, NM 12/1/11

A 13-year-old was handcuffed and hauled off to a juvenile detention for burping in class, according to a civil rights lawsuit filed against an Albuquerque public school principal, a teacher and a city police officer.
The suit was filed Wednesday, the same day the district was also sued by the family of a 7-year-old autistic boy who was handcuffed to a chair.The Albuquerque Journal reports the unnamed seventh grader was arrested last May 11 at Cleveland Middle School after he "burped audibly" in his P.E. class. "Criminalizing of the burping of a thirteen-year-old boy serves no governmental purpose," the lawsuit said. "Burping is not a serious disruption, a threat of danger was never an issue."
The lawsuit alleges the boy was transported to the juvenile center without his parents being notified. It also says he was denied his due process rights because he was suspended for the rest of that school year without "providing him an explanation of the evidence the school claimed to have against him." He was not allowed to call witnesses or defend himself against the burping allegation.
The boy was never charged. He scored a - 2 on a scale of 1 to 10 according to a risk assessment given by the jail staff, 10 being extremely dangerous.
It also details a separate incident this school year when administrators became suspicious because the boy had $200 in his pocket. He claimed it was because he was going to go shopping after school, but administrators accused him of selling pot to another student. The boy asked to call his mother; instead, they forced the student to strip down to his underwear while five adults watched.
He was not charged with any crime related to that incident either.
A spokeswoman for Albuquerque Public Schools said she had not seen the lawsuit and could not comment.

Now I've heard everything... I've posted on this blog about students arrested for turning in contraband, for following creative writing assignments, and for bringing candy to school, but this? This baffles me. How can you possibly foster a learning environment when you're handcuffing kids to chairs? What's next, strait jackets and ball gags? This kind of administration contributes more to the problems than it does to solve them.

First Grader Suspended Over Gun Hand Gesture

January 20 2011, KTOK Radio

The mother of a first-grade boy disciplined after making a gun gesture with his fingers while at school says the district overreacted.

Lydia Fox says the principal at Parkview Elementary called her earlier this month to say her 7-year-old son had misbehaved during a school assembly by pretending he was shooting a gun.

Fox says the principal told her the boy would be placed in in-school suspension for the rest of that day and threatened a longer suspension if it happened again.

Midwest City-Del City Schools spokeswoman Stacey Boyer confirmed the incident and says the district's policy is to "address the disruption of the learning environment." Boyer says Fox's son "has repeatedly used his hands to simulate a gun."

Obviously, the only way to control the imaginary use of firearms is to outlaw all imaginary firearms. I wonder how the anti-gun-control lobby would feel about that?

Seriously. Administrators need to think about what lessons they are teaching these kids with acts like this.

Student suspended for Saying No to Drugs

NBC Wave 3, Indiana, February 25 2010

 The parents of a Kentuckiana seventh grade student say their young daughter was suspended from school for doing exactly what she's been taught to do for years - to just say no to drugs.  

The girl did not bring the prescription drug to her Jeffersonville, IN school, nor did she take it, but she admits that she touched it and in Greater Clark County Schools that is drug possession.    

Rachael Greer said it happened on Feb. 23 during fifth period gym class at River Valley Middle School when a girl walked into the locker room with a bag of pills. 

"She was talking to another girl and me about them and she put one in my hand and I was like, ‘I don't want this,' so I put it back in the bag and I went to gym class," said Rachael.
The pills were the prescription ADHD drug, Adderall. Patty Greer, Rachael's mother, said she and her husband are proud of their daughter for turning down drugs, just like she's been taught for years by DARE (Drug Abuse Resistance Education) instructors at school.  

"I'm proud her conscience kicked in and she said, ‘No, I'm not taking this. Here you can have it back,'" Patty Greer said.  

But just saying no didn't end the trouble for Rachael. During the next period, an assistant principal came and took Rachael out of class. It turned out the girl who originally had the pills and a few other students got caught. That's when the assistant principal gave Rachael a decision.

"We're suspending you for five days because it was in your hand," said Rachael.
After hearing the news, Patty Greer went to school officials.  

"He said she wrote it down on a witness statement and she had told the truth, he said she was very, very honest and he said he was sorry he had to do it but it was school policy," said Patty Greer.

According to Greater Clark County Schools district policy, even a touch equals drug possession and a one week suspension.  

"The fact of the matter is, there were drugs on school campus and it was handled, so there was a violation of our policy," said Martin Bell, COO of Greater Clark County Schools. 
We wanted to know what would have happened if Rachael had told a teacher right away. Bell said the punishment would not have been any different. District officials say if they're not strict about drug policies no one will take them seriously.  

"That's not a good policy," said Patty Greer. "We're teaching our kids if you say no to drugs you're going to get punished, it's not right."

 Greater Clark County School district officials would not tell us how many other students were involved, but they did tell us there were other suspensions and some students were moved to an alternative school.

In a case strangely similar to the Indiana boy who turned in his knife and was expelled for weapons possession,
again the school administrators teach that it is smarter to say nothing and to hide from the authorities than it is to speak up and do the right thing. At least the parent realizes the flaws in the school policies--and I suppose that if the administration is going to be this rotten about it then none of the students will take them seriously as officials.

New York Eagle Scout Suspended From School for 20 Days for Keeping Pocketknife in Car

First post in a year and a half, but too good to pass up.

Fox News, Tuesday , October 13, 2009

A 17-year-old Eagle Scout in upstate New York has been barred from stepping foot on school grounds for 20 days — for keeping a 2-inch pocketknife locked in a survival kit in his car.

Matthew Whalen, a senior at Lansingburgh Senior High School, says he follows the Boy Scout motto and is always prepared, stocking his car with a sleeping bag, water, a ready-to-eat meal — and the knife, which was given to him by his grandfather, a police chief in a nearby town.

But Lansingburgh High has a zero-tolerance policy, and when school officials discovered that Whalen kept his knife locked in his car, he says, they suspended him for five days — and then tacked on an additional 15 after a hearing.

The incident is similar to the case of Zachary Christie, a 6-year-old Cub Scout in Delaware who faces up to 45 days in his district’s reform school for bringing a scout utensil that can be used as a fork, spoon and knife to school. But for Whalen — who has received an award from the Boy Scouts of America for saving a life and completed 10 weeks of basic military training last summer — the stakes are much higher:

He is concerned that the blot on his school record could kill his dream of attending West Point.

In an interview with Foxnews.com, Whalen recalled the incident that led to his suspension.

He said his school's assistant principal, Frank Macri, approached him on Sept. 21 and asked him if he was carrying a knife.

"I was taken down to the office, and they told me that a student told them that I was carrying a knife," Whalen said.

He said he told them "they could search me and everything, and they said, 'There's no need for that.'"

Whalen said he doesn't know who might have said he was carrying a knife, but he was open with school officials.

"And they said, 'Do you own a knife?' I said, 'Yes, I'm a soldier and an Eagle Scout — I own a knife.'

"And they were like, 'Well, is it in your car or anything?' And I told them, 'Yeah, it's in my car right now.'

"And they asked me to show it to them. I didn't realize it was going to be a problem. I knew it wasn't illegal — my police chief grandfather gave the knife to me."

Whalen said he took school administrators to his car because he thought their fears would be allayed when they saw it was just a 2-inch knife.

"They thought I had a dagger in my car or something like that, so I thought yeah, I'd show it to them," Whalen said.

"I showed it to them, and they told me I had a knife on school property and had to be suspended."

But things didn't end there, Whalen said.

"They brought a cop in, who told them 'he's not breaking any laws, so I can't charge him with anything.'"

Whalen said he asked Macri why a 2-inch pocketknife would be considered more dangerous than other everyday items around the school.

"I said to him, 'What about a person who has a bat, on a baseball team? That could be a weapon.' And he said, 'Well, it's not the same thing.'"

The school district's policy lists "Possessing a weapon" under "examples of violent conduct," which "may be subject to disciplinary action, up to and including suspension from school."

School district officials did not reply to requests for comment.

Whalen says Macri gave him the longest suspension possible — five school days.

"They gave me the five-day suspension, because that is all a principal can suspend a student for," he said. "And from there, they had a superintendent hearing to see if the superintendent wanted to suspend me for longer.

"But the superintendent wasn't even at the hearing. It was the principal and the athletic director. The vice principal who originally suspended me wasn't even there, and neither was the superintendent. They basically asked me, 'Did you have the knife in your car?' And I said 'Yes, I did.' The meeting was recorded and they told me they were going to play the tape to the superintendent.

"They asked me if I wanted to say anything, and I told them all my accomplishments and what I've done, and the principal even admitted that I had no intent to use the knife, that I had no accessibility to the knife."

But school officials decided to suspend Whalen for an extra 15 days anyway, he said. And unless the decision is changed, he will not be allowed on school grounds until Oct. 21.

Whalen said he does not know why the 15 days were added, but he said a school district employee told him it was because the school wanted to apply its policies consistently.

"I've been told by someone who works for the district that they had to do it, because if someone else had a knife and they saw that I didn't get a suspension, that it would look bad for the school."

School superintendent George Goodwin and Lansingburg Senior High School Principal Angelina Bergin did not return calls for comment Tuesday morning.

Whalen said he has no record of disciplinary problems.

"I think I have a detention from like 10th grade for being late or something like that," he said.

He said the suspension has put his college dreams in jeopardy by keeping him out of class, while making him still responsible for assignments.

Though he is provided with a tutor for 90 minutes a day, he said, "I've been suspended for something like a ninth of my school year, so I'm falling behind drastically in my classes."

In addition to getting back to school as soon as possible, Whalen wants the school to drop the incident from his transcript.

"My dream college would be West Point, and having a pock mark like this on my record could be detrimental. They're looking for the best of the best, and if someone didn't take the time to look through it and examine the case, they would just say, 'hey, this guy had a weapon on school property, and we don't want him at our college.'"

Whalen said that he has received support from the community during the last few weeks.

"I've received tremendous communal support. Almost everyone I've talked to has said they're behind me 100 percent, that it's ridiculous that [the school has] done this me."

Whalen said he is not considering a lawsuit.

"I don't know what I could do, because technically ... I did break the rules, and I'll accept that punishment," he said.

"Perhaps I should have been more aware of the rules. However, I'm more upset about the additional 15 days.... That was entirely optional, and they decided to go through with that."

One of the first posts on this blog was about a similar situation. I've said it before--zero tolerance, zero thinking, and a good student has a black mark on his transcript. Once again, the REAL message the school is sending to its students is 'Don't get caught, and if you do, lie.'

Water Pistol Prizes confiscated

Albany Times-Union, September 13 2007

A Common Council member criticized the Albany Public Library for handing out water pistols as prizes for students who read four books this summer.

Council member James P. Sano, a Democrat, said the library's Pine Hills branch sent the wrong message to children at a time the city has formed a task force on gun violence.

"They must have been out of rubber knives and candy cigarettes that day," Sano said as he waved the toy gun during the council's caucus last week. "They couldn't give out books or bookmarks?"

Tim Burke, the acting director of the library, said it was a mistake that won't happen again.

"They buy these bulk packages of prizes that included a couple of those," he said. "It was just a few out of many, many prizes we handed out."

Sano said he took the water pistol from a 9-year-old boy while working as a lifeguard, and the child told him where he had received it.

"I was surprised and disappointed that this was a prize that was given away," he said. "We shouldn't send mixed messages to kids that we give a replica of a firearm."

The issue is especially sensitive after Shahied Oliver, 15, of Albany was gunned down Aug. 18 at a birthday party in the Skyline Gardens Apartments in Arbor Hill.

Another 15-year-old, Nahjaliek McCall of Green Street, has been charged with the murder and pleaded not guilty last week in Albany County Court.

This year's statewide theme for the library reading program was "Get a Clue at Your Library." Burke suspects the water pistols were meant to go along with the detective theme, but said he wishes they were not given out.

"We certainly should have been more sensitive about that," he said.

The reading program aims to help keep kids off the street and out of trouble, Burke said. This year, 800 children and teenagers participated, reading a total of 3,400 books.

"It was a wonderful, successful summer reading program that is meant to teach kids to do important things instead of hanging around with guns and drugs," he said. "We would like to take that back if we could."

Council members stealing toys from children! Equating water pistols with firearms! Nullifying the rewards of a summer reading program! This is so wrong on so many levels, I don't know where to begin. Associating squirt guns--cheap, fluorescent-colored pieces of plastic enjoyed by millions for generations--with gun violence, does absolutely nothing to help the problem. I really can't argue this except to boil it down to bullet points (thanks Thisbymaster from Fark)

• Giving out summer toys as prizes: GOOD
• Lifeguard that took a water gun out of a kid's hand: DUMBASS
• Common Council: DUMBASS
• Rewarding children that read: GOOD
• Getting children outside to play with water guns: GOOD
• Complaining about water guns because of unrelated gun incidences:DUMBASS
• Teaching children that they have no rights and should just sit inside getting fatter: DUMBASS
• People who freak out just because they see the word "gun": DUMBASS

I'm nearly as terrified to think about a country run by hardcore communists like these as I am thinking about a country run by hardcore fascists like I've written about before. Talk about living in fear.

AP reports on Zero Tolerance backlash

Associated Press, June 15 2007

PROVIDENCE, R.I. - Fifth-graders in California who adorned their mortarboards with tiny toy plastic soldiers this week to support troops in Iraq were forced to cut off their miniature weapons. A Utah boy was suspended for giving his cousin a cold pill prescribed to both students. In Rhode Island, a kindergartner was suspended for bringing a plastic knife to school so he could cut cookies.

It's all part of "zero tolerance" rules, which typically mandate severe punishments for weapons and drug offenses regardless of the circumstances.

Lawmakers in several states say the strict policies in schools have resulted in many punishments that lack common sense, and are seeking to loosen the restrictions.

"A machete is not the same as a butter knife. A water gun is not the same as a gun loaded with bullets," said Rhode Island state Sen. Daniel Issa, a former school board member who worries that no-tolerance rules are applied blindly and too rigidly.

Issa sponsored a bill requiring school districts to decide punishments for alcohol, drug and non-firearm weapon violations on a case-by-case basis after weighing the circumstances. It passed the Senate and House and now heads for the governor's desk.

Some have long been aware of the problems of zero tolerance. For the last decade, Mississippi has allowed local school districts to reduce previously mandatory one-year expulsions for violence, weapons and drug offenses.

More recently, Texas lawmakers have also moved to tone down their state's zero-tolerance rules. Utah altered its zero-tolerance policy on drugs so asthmatic students can carry inhalers. The American Bar Association has recommended ending zero-tolerance policies, while the American Psychological Association wants the most draconian codes changed.

"It may be a bit of self-correction that you're beginning to see where the pendulum is coming back," said Kathy Christie, vice president of a research clearinghouse for Education Commission of the States in Denver.

A decade ago, more than three-quarters of public schools surveyed reported adopting some version of a no-tolerance policy, according to the U.S. Department of Education.

"Zero tolerance" became a popular political buzzword during the waning days of the Reagan administration's "War On Drugs," and the rules spread rapidly after a series of high-profile school shootings, according to a report issued last year by the American Psychological Association.

A 1997 survey of more than 1,200 public schools by the U.S. Department of Education found that 79 percent had zero-tolerance policies against violence, 88 percent for drugs, 91 percent for weapons and 94 percent for firearms.

Some parents have mixed feelings about zero-tolerance rules. Christine Duckworth, 50, is the mother of an 18-year-old daughter who just graduated Portsmouth High School in Rhode Island, which has a zero-tolerance policy.

Duckworth said she wanted her daughter safe at school, but she said rules must reflect that teenagers make mistakes.

"I think there's pretty much always a gray area," she said. "You're dealing with individuals. How can you possibly apply one law to every single person and their circumstances?"

There are some signs that policies could be changing.

Texas decided in 2005 that schools can consider students' intent and other mitigating factors before punishing them for any offenses other than those involving firearms, and Rep. Rob Eissler said he wants the weighing of those factors to be mandatory.

"It's hard to legislate common sense," he said. "If we get intent into part of the code, I think we'll be in good shape."

Critics of zero-tolerance rules cite multiple problems. Academic achievement often lags in schools with the highest rates of suspension and expulsion, even when socio-economic factors are taken into consideration, said Cecil Reynolds, chairman of the APA's Zero Tolerance Taskforce.

"The kids feel like they're walking on egg shells," he said.

Reynolds also questioned what lessons zero-tolerance rules teach, citing reports that a 10-year-old girl was expelled from a Colorado academy after giving a teacher a small knife her mother placed in her lunchbox.

"What she learned from the school was, 'If something happens and you break a rule, for God's sake, don't tell anybody,'" Reynolds said. "Zero-tolerance policies completely ignore the concept of intent, which is antithetical to the American philosophy of justice."

The principal at Portsmouth High School in Rhode Island — whose mascot is sometimes depicted carrying a rifle — censored a yearbook photo because it showed a student who enjoys medieval reenactments wearing chainmail and holding a sword.

Citing the cost of litigation, the school relented this year and recently published in the yearbook graduate Patrick Agin's senior photo showing him with the sword.

Agin said he understands rules against guns and drugs, but he was perplexed about how school administrators drew distinctions in his case. He never brought the sword to school.

"You can't really have a zero tolerance," he said. "We have track and field. We throw javelins. If you think about it, you can pretty much make anything into a weapon."

Good to see something is happening on this front! It's painfully obvious that things have gotten out of hand, as this article demonstrates. Common sense is finally prevailing!

The article has hit virtually every point I've made in this blog the past few months: differentiating between household objects and illegal weapons, indiscriminate punishments, consideration of intent, breeding paranoia and dishonesty in kids. and the inherent absurdity in weapon classifications.

Let's hope this is indeed 'the pendulum swinging the other way' and this marks a great reversal in these Draconian policies.

Student suspended after voicing marijuana opinion

Canada National Post, June 12 2007

Kieran King's views on marijuana have led to his suspension from Wawota Parkland School.

King said he was threatened with police action by Principal Susan Wilson previously after making the case that marijuana was less harmful than alcohol.

"In my opinion, cannabis is safer than they say, it is not worse than alcohol or tobacco," said King, a 15-year-old Grade 10 student.

Wilson accused King of using and selling marijuana at school, according to a media release issued by the Saskatchewan Marijuana Party. King has offered to submit to a voluntary drug test to prove otherwise.

"I've never smoked marijuana. I've never even seen it," said King.

He said he had done independent research on marijuana use out of personal curiosity and decided to share the information with his friends at school.

Feeling his right to freedom of speech had been violated by Wilson, he organized a walkout to begin at 11:05 a.m on Tuesday.

Instead, he said the school was locked down in anticipation of the attempted walkout. Teachers reportedly stood in the doorways threatening punishment for leaving the school.

King and his brother Lucas were given three-day-suspensions for disobeying the lockdown.

Outside the school, three members of the Saskatchewan Marijuana Party, one member of the NDP and one protester gathered in the parking lane in front of the school. They used a megaphone to show their support for King and the students, said Ethan Erkiletian, an executive member of the Saskatchewan Marijuana Party.

Only four students walked out of the school, including King and his brother. The other two students returned to the school to avoid punishment.

"When we asked them why they locked down the school they said we were from outside the community and had a megaphone and might be frightening to the parents and students," said Erkiletian.

Two RCMP officers arrived and observed the walkout. No arrests were made and no charges were pressed.

The group of seven disbanded at 12:30 p.m.

"The main purpose wasn't cannabis. It was the defence of the freedom of speech. I believe we have a right to freedom of expression. I don't believe in vulgarity," said King.

The three-day suspension will prevent King from writing his final exams before he goes to China on a correspondence course. He's to leave Thursday.

The honour student said he will still pass Grade 10 because his marks are in the 80s and 90s. By missing his final exams he will lose 30 per cent of his marks.

"I know my children don't smoke, drink or take drugs," said King's mother, Jo Ann Buler. "As a parent I feel I need to support Kieran but I can see both sides of the issue."

Buler is a teacher and works in the school division which oversees Wawota Parkland School. She said she holds no ill will for the school and believes Kieran and the school have a point of view.

"He doesn't feel he's promoting drug use by talking about it. I don't think he deserves a permanent black mark on his school record," said Buler.

Neither Wilson nor the school division returned calls made by the Leader-Post.

Zero-tolerance laws are now in effect to such an extent that even an academic discussion on the subject of a school taboo is itself cause for alarm. Kieran, as we have seen, felt his Health classes weren't giving him a complete picture of marijuana and did independent research to better inform himself. Whether he was right or not depends entirely on the bias of his sources, of course, and the involvement of the Saskatchewan Marijuna Party leads me to believe he wasn't being particularly impartial.

Nevertheless: He was not participating in, nor promoting, illegal activities, but seeking to inform and educate himself and others about an important political issue. Criminalizing dissenting (and informed!) opinions about the government and its policies leads quickly to a one-party system and totalitarianism.

Despite the overreaction of the school principal, everyone involved here did a commendable job on keeping things under control. No arrests were made, and no charges were pressed. The student will still be able to go on his foreign correspondence trip and was not recommended for expulsion. There were no riots, no screaming parents and no national drug crisis. Altogether I think the Canadians as a group were sane, responsible, and just in their decisions, considering the circumstances.

11-Year-Old Arrested For Using Rubber Band Gun

WFTV Florida, June 6 2007

OCOEE, Fla. -- An 11-year-old Ocoee boy was arrested for playing with a toy gun. Police said the arrest was necessary, because it was a safety issue.

The boy was using a rubber band gun and his father said the kid did nothing wrong, but police said they take it as a serious threat and the 11-year-old is facing felony charges.

The crime isn't very common, but Ocoee police said it is serious. It centers on an 11-year0old boy and his toy short-barreled shotgun.

The incident started Sunday afternoon, when the 11-year-old was riding in his dad's pickup near Clarke Road and White Road in Ocoee. Someone driving nearby called police after they said the boy pointed what looked like a real gun out the window. The victim told police she was afraid for her life.

"With that type of behavior, it's hard to tell if it's a real gun or not, especially in their car," said Sgt. Randy Conyers, Ocoee Police Department.

But, according to the charging affidavit, the 11-year-old's dad said nothing was wrong with what his son had done and that he used to do it as a kid. The boy even told police he was pretending to be a cop and thought the victims were laughing with him.

The gun itself only fires rubber bands and was checked into evidence. Police didn't comment on the weapon's color or release any images. Still, the victims said they were frightened and, police said, toy or no toy, the charges are justified.

Eyewitness News spoke to the father of the suspect on the phone. He said his son is out of juvenile detention and that a judge told him the case would be dropped. He also confirmed that the gun was black, but that it looked more like a stick than a gun.

Eleven years old. Rubber bands on a stick.

Felony charges.

I leave it to you, the reader, to decide what an appropriate punishment would have been...
then to exercise this judgment as parents and as voters.

Readers Digest comments on Zero Tolerance

An article in the May 2007 Readers Digest discusses some of the more heinous applications of Zero Tolerance policy, including one that's eerily parallel to the story of Elliot Voge I posted on earlier this year:

On a chilly December morning in Houston, Eddie Evans's 12-year-old son hurried out the door in shirt sleeves on his way to the bus stop. Feeling the cold, he ducked back into his house to quickly grab a jacket. It wasn't until he'd gotten inside the school building that he remembered his three-inch pocketknife was still in his coat. Why would a sixth-grader carry a knife? Because he was a Boy Scout and he'd brought it to his last Scout meeting.

After asking a friend what he should do, the boy decided to keep quiet and hide the knife in his locker until the end of the day. But his friend mentioned the knife to a teacher, and school officials called the police. That afternoon, cops arrested the Evans child and took him to a juvenile detention center. "From that point on, my family's life was flipped on its head," the boy's father says.

The boy was suspended from school for 45 days and enrolled in an alternative school for juvenile offenders. Evans says the place was like a boot camp, where his son -- a good student, a youth leader in his church and a First Class Boy Scout -- was so miserable he talked about suicide.

It goes on to list a few recent incidents I've missed. "According to a report issued by the Justice Policy Institute in Washington, D.C.:

• A 17-year-old in Richmond, Illinois, shot a paper clip with a rubber band, missing his target but hitting a cafeteria worker instead. He was expelled.


• A 12-year-old in Ponchatoula, Louisiana, diagnosed with a hyperactivity disorder, told others in a lunch line not to eat all the potatoes, or "I'm going to get you."
  Turned in by the lunch monitor, he was referred by the principal to the police, who charged the boy with making "terroristic threats." The kid spent several weeks in a juvenile detention center.


• A 13-year-old in Denton County, Texas, was assigned in class to write a "scary" Halloween story. He concocted one that involved shooting up a school, which got him a visit from police -- and six days in jail before the courts confirmed that no crime had been committed.

The Evans case ended with the boy's parent getting involved in local and state politics to prevent just these sorts of abuses. He's even set up a website, Texas Zero Tolerance, to educate and activate parents on the issue. I'll be keeping a close eye on them and commenting on interesting stories I find.

Student banned for game map of school

Fort Bend Now, April 30 2007

Members of the area Chinese community have rallied behind a Clements High School senior who was removed from the campus and sent to M.R. Wood Alternative Education Center after parents complained he’d created a computer game map of Clements.

About 70 people attended the Fort Bend Independent School District’s April 23 meeting to show support for the Clements senior and his mother, Jean Lin, who spoke to FBISD Board trustees in a closed session.

While an agenda document does not specify details, the board is holding a special meeting tonight to address the boy’s actions and the discipline that was meted out as a result, sources close to the matter say. The boy’s name was not identified last week, and the district has declined to discuss his case.

Richard Chen, president of the Fort Bend Chinese-American Voters League and a acquaintance of the boy’s family, said he is a talented student who enjoys computer games and learned how to create maps (also sometimes known as “mods”), which provide new environments in which games may be played.

The map the boy designed mimicked Clements High School. And, sources said, it was uploaded either to the boy’s home computer or to a computer server where he and his friends could access and play on it. Two parents apparently learned from their children about the existence of the game, and complained to FBISD administrators, who investigated.

“They arrested him,” Chen said of FBISD police, “and also went to the house to search.” The Lin family consented to the search, and a hammer was found in the boy’s room, which he used to fix his bed, because it wasn’t in good shape, Chen said. He indicated police seized the hammer as a potential weapon.

“They decided he was a terroristic threat,” said one source close to the district’s investigation.

Sources said that although no charges were filed against the boy, he was removed from Clements, sent to the district’s alternate education school and won’t be allowed to participate in graduation ceremonies with classmates.

“All he did was create a map and put it on a web site to allow students to play,” Chen said. “The mother thinks this is too harsh.”

FBISD officials declined to comment on the matter Monday. “Our challenge is, people in the community have freedom of speech and can say what they want, but we have laws” covering privacy issues, especially involving minors, that the district has to respect, said spokeswoman Nancy Porter.

Speakers at the FBISD Board’s April 23 meeting alluded to the Clements senior’s punishment, and drew a connection to the April 16 shootings at Virginia Polytechnic Institute, in which a Korean student shot and killed 32 people.

The Asian community “faces new pressures” as a result of the shootings, William Sun told board members. “We urge the school and community not to label our Asian students as terrorists.”

“We should teach our children not to judge others harshly” and not to target people as being a threat because of their race, said Peter Woo, adding that the school district should lead the way in such efforts.

But Chen said Monday he and other community members don’t consider FBISD’s actions in the case to be racially motivated, and don’t think they blew the incident out of proportion.

“They all think the principal has to do something – but how much? We do understand with the Virginia Tech incident…something has to be done,” Chen said. “Someone just made a mistake, and we think the principal should understand that.”

We need to start questioning student's motives and intentions before taking disciplinary action against them. A student mapping out their school in Counter-Strike is no more of a threat to the student who maps out their home in The Sims. Many students have done things like this; last year, a student who had modeled and textured a map of our campus for a Computer Science assignment converted it into a Battlefield 1942 map for himself and his friends. It was distributed on campus and received a positive write-up in the student newspaper. That student is no more likely to actually drive a tank into our student center than this student is to run around the halls with a machine gun, or for Sims players to lock the bathroom door and watch houseguests starve to death. Hell, I know people who replicated their hometowns in SimCity 2000 ten years ago and wiped out their schools with tornadoes. Why are there any adults in existence who would consider these things threatening, let alone in places of power?

It's called fantasy, and it's everyday part of human life. Administrators and officials need to exercise some common sense and judgment in determining what is harmless fantasy and what is legally threatening. People create with what they're familiar with; ever wonder why Stephen King writes so much about Maine? Representing familiar environments in interactive virtual worlds is actually an area of sophisticated research in universities today, looking for the next level of human interaction with their environments and recognizing the inherent differences therein.

There is a distinction to be made in how we exercise our First Amendment rights, at what point we cross the line from expressing an opinion (a basic right) and inciting panic and fear of violence (not protected speech.) Since the infamous Jack Thompson has made this the subject of his latest case against posters on a message board making disparaging comments against him, it's probably a good idea to present some examples:

"Jack Thompson deserves to be stabbed."
"Jack Thompson ought to be stabbed."
"Somebody should stab Jack Thompson."
"I should stab Jack Thompson."
"I am going to stab Jack Thompson."

Now at what point does this cross the line from hyperbole to threat? And even in the latter case, any prosecutor in a court of law would have to provide more than verbal evidence to prove intent to commit a crime. In the absence of any specific people, methods or means, this student hasn't done anything even remotely threatening. Although we may consider his act to be in poor taste it's certainly not criminal.

Meanwhile, it's apparently legal for the police to search your property if a 3D map of your school for a video game is attributed to you.

The fact that police seized a hammer--not a hobby knife, not a BB gun, not a model rocket engine, but a hammer--as a potential weapon and labeled him a 'terrorist threat' is deeply troubling. It reeks of totalitarianism, to be able to arrest an American citizen who had committed no crimes and legally be able to ship them off to a military prison without the right to defend themselves, thanks to the suspension of Habeus Corpus for 'enemy combatants' labeled as Terrorists by the government, even within our own country. And lest you have faith in our government and are of the attitude that only criminals and undesirables will be affected by these procedures, keep in mind that the government will be making that distinction, NOT YOU.
In the oft-quoted words of Martin Niemoller:

First they came for the Socialists, and I didn’t speak up,

because I wasn’t a Socialist.

Then they came for the Trade Unionists, and I didn’t speak up,

because I wasn’t a Trade Unionist.

Then they came for the Jews, and I didn’t speak up,

because I wasn't a Jew.

Then they came for me, and there was no one left

to speak up for me.

We as a society need to fight for the rights of minorities, because the smallest minority of all is YOU--the individual. Maintain awareness of these events and call out those responsible.

'Disturbing' essay gets student arrested

Chicago Sun-Times, April 26 2007

High school senior Allen Lee sat down with his creative writing class on Monday and penned an essay that so disturbed his teacher, school administrators and police that he was charged with disorderly conduct.

"I understand what happened recently at Virginia Tech," said the teen's father, Albert Lee, referring to last week's massacre of 32 students by gunman Seung-Hui Cho. "I understand the situation."
But he added: "I don't see how somebody can get charged by writing in their homework. The teacher asked them to express themselves, and he followed instructions."

Allen Lee, an 18-year-old straight-A student at Cary-Grove High School, was arrested Tuesday near his home and charged with disorderly conduct for an essay police described as violently disturbing but not directed toward any specific person or location.

The youth's father said his son was not suspended or expelled but was forced to attend classes elsewhere for now.

Today, Cary-Grove students rallied behind the arrested teen by organizing a petition drive to let him back in their school. They posted on walls quotes from the English teacher in which she had encouraged students to express their emotions through writing.

"I'm not going to lie. I signed the petition," said senior James Gitzinger. "But I can understand where the administration is coming from. I think I would react the same way if I was a teacher."

Cary Police Chief Ron Delelio said the charge was appropriate even though the essay was not published or posted for public viewing.

Disorderly conduct, which carries a penalty of 30 days in jail and a $1,500 fine, is filed for pranks such as pulling a fire alarm or dialing 911. But it can also apply when someone's writings can disturb an individual, Delelio said.

"The teacher was alarmed and disturbed by the content," he said.

But a civil rights advocate said the teacher's reaction to an essay shouldn't make it a crime.

"One of the elements is that some sort of disorder or disruption is created," said Ed Yohnka, a spokesman for the American Civil Liberties Union of Illinois. "When something is done in private—when a paper is handed in to a teacher—there isn't a disruption."

The "key outcomes" this month for the Creative English class was for students to identify and utilize poetic conventions to communicate ideas and emotions. With that in mind, teachers reminded students that if they read something that posed a threat to self or others, the school could take action, said High School District 155 Supt. Jill Hawk.

The English teacher read the essay and reported it to a supervisor and the principal. A round-table discussion with district officials conveyed, with lively debate, and they decided to report it to the police.

"Our staff is very familiar with adolescent behavior. We're very well versed with types of creativity put into writing. We know the standards of adolescent behavior that are acceptable and that there is a range," Hawk said.

"There can certainly be writing that conveys concern for us even though it does not name names location or date," he said.

The charge against Lee comes as schools across the country wrestle with how to react in the wake of the shootings at the Virginia Tech campus at Blacksburg, Va.

Bomb threats at high schools in Schaumburg and Country Club Hills have caused evacuations, and extra police were on duty at a Palos Hills high school this week because of a threatening note found in the bathroom of a McDonald's restaurant a half-mile away.

Experts say the charge against Lee is troubling because it was over an essay that even police say contained no direct threats against anyone at the school. However, Virginia Tech's actions toward Cho came under heavy scrutiny after the killings because of the "disturbing" plays and essays teachers say he had written for classes.

Simmie Baer, an attorney with the Children and Family Justice Center at Northwestern University, called the Cary incident an example of zero-tolerance policies gone awry. Children, she said, are not as sophisticated as adults and often show emotion through writing or pictures, which is what teachers should want because it is a safe outlet.

So this is the reaction we have, when a student actually expresses themselves in a creative writing assignment; the teacher found it disturbing and had the guy arrested. There were no threats, no specifications, no reason to be scared of this Honors student, who had obviously taken pains to ensure that his essay would not be perceived as threatening. He didn't post it online or cause panic or hysteria. He expressed his honest feelings in a creative fashion as requested by his teacher... and he's charged with Disorderly Conduct.

Why can't they just TALK to him?! Do the people running these establishments REALIZE that this kind of treatment will only push potentially dangerous people FURTHER into their corners?! Can't we take the opportunity to discuss and understand and negotiate and debate and connect with other people instead of this knee-jerk reaction to what the establishment finds 'disturbing'? How much of a leap is this, really, to criminalizing dissenting thought?

There are, of course, in the aftermath of the Virginia Tech massacre, those who think we could have done something to prevent it; that we should have heeded the warning signs in Cho's writings, and that this sort of reaction is acting upon lessons learned. But the truth is that, if we do truly want to live in a free society, where you can hold your own beliefs and express them to others without fear, then there's nothing we COULD have done. Cho (and our victim Allen Lee) was free to think and say what they wanted because we should ALL be free to say and think what we want; as long as Cho didn't act on his writings there weren't any problems. Likewise, the ACLU and the Supreme Court uphold the rights of hate groups to despise and detest whatever minorities they do, so long as they don't form lynch mobs, just like they uphold the rights of pro-life advocates to picket abortion clinics, anti-war protestors to march on Washington, and Ann Coulter's right to rant about the 'godless church of liberalism.'

You probably don't agree with some of these opinions, and I'm willing to bet they don't agree with some of yours. But that's why we humans have the amazing ability to discourse, to discuss and understand and negotiate and debate and connect with other people. We, as rational beings, can decide what points of view are the most valid based on empirical evidence and consensus of experience. We have the power to show that other people are wrong, and how, instead of instantly asserting that their points of view are wrong and judging based on that. Making a credible case for your position is a far stronger standpoint for making legal, ethical and moral judgments than trusting a potentially untrustworthy authority to have the answers for you.

The Ancient Greeks and their heirs of the Renaissance and Enlightenment saw this and it led to tremendous explosions in science, philosophy, politics and every other field. In every scenario dogmatism, intolerance and suppression of dissent has led to social disaster. Asserting, axiomatically, that a certain point of view is right (or wrong) and beyond debate is a catastrophically dangerous position to take because it is based entirely on the whims of the people asserting that axiom, and God forbid you disagree with them.

I'm getting off on a tangent here but I want to point out that much of this mentality falls under the category of Authoritarianism, that is, strict and unflinching obedience to a higher power based solely upon their position of authority. We see it everywhere, both historically and contemporarily, in the dregs of human history: during the Inquisition, during the Holocaust, in the Milgram Experiments, in the ranks of Al-Qaeda, in Westboro Baptist Church and creeping into our schools. This is the greater issue at work here, in all levels of the government and among all classes and heritages of people.

We have to remain critical and skeptical, and as a human being if you value your own freedom you MUST empathize with others and value theirs. Take issue principally not with what they believe, but why they believe it. Let's try to understand those who disagree with us, instead of condemning them. One of our greatest gifts is the rational mind; let's USE IT.

I would highly recommend Dr. Robert Altemeyer's book The Authoritarians for an objective, empirical summary of some thirty years of research into the authoritarian personality and its ramifications for today's politics. If you want to know what happens to the rest of us when people like James Gitzinger (see above) start exchanging essential liberties for temporary safety, push the button. It's free.

Follow-up 4/27/07: Here's the original essay by the student. Not exactly proofread, or very readable, or making any sense at all, but that's typical for stream-of-consciousness exercises. He adds some of his own comments about the content.

"On an additional note, I have completed the MEPS (Military Entry Processing Station) examinations, and yes a psychiatric evaluation is included in the process. If I'm qualified to defend the country, I believe I'm qualified to attend school."

Follow-up 5/23/07: Charges against the student have been dropped. School officials still insist they did the right thing, claiming "The arrest and charges were clearly warranted by the Cary Police Department," and "The police were obligated in the circumstances to do whatever legally possible they could to ensure the safety of Mr. Lee, the students, and the school."

High School Student Suspended after Gun Doodle

Associated Press, April 24 2007

It was a crude animation of one stick figure shooting another created for a school graphics class in Gloucester County last week.

But during the same week of a shooting massacre at Virginia Tech, officials at Williamstown High School in Monroe found nothing innocent about the sketch. As a result, the student says a vice principal told him he would not be allowed to attend classes again until he passes a mental-health evaluation.

In response, the 18-year-old, identified in court papers only as "J.K.," filed a lawsuit yesterday asking a federal judge to order school officials to allow him back to class and to pay for damages.

During a graphics design class on April 16 - hours before the world knew that Seung-Hui Cho had killed 32 people at Virginia Tech - J.K. said he was asked to make animations for a program they were learning.

J.K.'s sketch consisted of two stick figures, one with a raised gun that had dashes leading from it to the head of the other one.

The next morning, he said, he showed the drawing to a teacher, but told her he was not done with it. In court papers, he said he planned to show the victim deflecting or destroying the bullet. But, he said, the teacher did not listen to him further.

Two days later, he said, Vice Principal Paul Deal told him that he was not being suspended or expelled, but that he might be a threat to the school or himself. J.K. said he was told to leave and not return until being cleared by a mental-health professional.

Monroe Schools Superintendent Robert E. Terrill said that "the administration at the high school felt it was necessary to remove" the student until a threat assessment was conducted by a school psychologist as a precaution.

Terrill said that he had not seen the drawing, but that school officials described it as a stick figure shooting another figure in the head. There were no names or labels, he said.

Terrill said that the school's action was unrelated to last week's massacre at Virginia Tech, but that the "incident heightened everybody's awareness."

"On occasion, we have students that might do something like this where we might have a question as to what the youngster's intentions are," Terrill said.

Although J.K. has attention deficit disorder, according to court papers he was an honor student, a flight commander in his school's Air Force Junior ROTC program and took some courses at Gloucester County College.

According to his report card, he earned five A's and a B last quarter. One of those A's was in his graphic design class.

Whatever happened to creativity? Whatever happened to independence? Whatever happened to appropriate judgment? Why is everyone being held under suspicion? Has our Culture of Fear really driven us to this point?
Kids have fantasies of violence--we all do. People think bloodthirsty thoughts (and I'm sure a qualified psychologist could tell you why) but the overwhelming majority of people don't act on them! Creative outlets for aggression are therapeutic--violent crime in the United States is at a tremendous low. As Hollywood gore have gotten more sophisticated and first-person shooters have proliferated in the home, our country hasn't become an anarchic death orgy--it's safer than ever before. What are we all afraid of?

Source: US Department of Justice

Individuals have rights, even students; at 18 this student was a legal adult. Let's exercise some voting power together and put some sense back into the government.

Losing tolerance for Zero Tolerance

It might be a couple years old but things haven't changed: this excellent article by Randy Cassingham over at This Is True talks about some incidents in his home state of Colorado.

United Press International, November 1997
A 10-year-old girl at McElwain Elementary in Thornton, Colo., was one of a group of girls who "repeatedly" asked a certain boy on the playground if he liked them. The boy complained to a teacher, so school administrators, citing the district's "zero-tolerance sexual harassment policy", decided to suspend her. After an outcry from outraged parents, the school changed its mind. A district spokeswoman said school officials "probably" overreacted, but "it's all in how you look at it."

United Press International, November 1997
A Colorado Springs, Colo., school district says it did the right thing when it suspended 6-year-old Seamus Morris under the school's zero-tolerance drug policy. The drug? Lemon drops. Taylor Elementary School administrators called an ambulance after a teacher saw the boy give another student some candy, which was a brand teachers didn't recognize. "It was not something you would purchase in a grocery store," a district spokesman said. "It was from a health-food store." A spokesman for St. Claire's Lemon Tarts, however, noted that the candy is indeed sold in Colorado's largest grocery store chain. School officials were not impressed, and not only upheld the half-day suspension, but told the boy's mother that a child who brings candy to school is comparable to a teen who takes a gun to school.

Reuters, January, 1998
An 11-year-old British schoolboy met an Australian classmate and greeted him by saying, "G'day, sport." The boy, who was not named, was "caught" by a teacher, the school said in a statement, and while "there was no maliciousness or intent" on the boy's part, he was charged with racism for his greeting. "The boy was counseled, ...dialogue has taken place with parents," and the boy was made to write "I must not use racist remarks" 60 times, said the statement by Beverley Grammar School in Yorkshire. Tony Brett Young of the Australian High Commission was concerned it was a case of political correctness gone overboard. "'G'day sport' is part of our vernacular," he said. "It's just a traditional and friendly manner of speaking."

What are the stories above? The little girl wasn't sexually harassing a little boy, she was being a little girl, trying to learn how to deal with the opposite sex -- a trial-and-error process (don't you remember?) where the errors shouldn't be treated as a felony. The six-year-old boy wasn't using or selling drugs, he was sharing candy. Sharing candy! And the British lad wasn't making light of a fellow white boy's ancestry, he was trying to greet a potential friend in a way that was familiar to him.

Calling every botched encounter between genders "sexual harassment" tells true victims of that crime that their experience was similar to a schoolyard crush. Calling sharing "drug use" tells children that there's no difference between giving a friend a lemon drop and selling him heroin cut with rat poison. And calling the use of vernacular "racism" demeans people that suffer from horrible crimes: the denial of their ability to live and make a living. And it tells the people that are not involved in these issues that really, these things are just trivial things, nothing to worry about. This racism stuff is not a problem, drugs aren't a scourge, and sexual harassment is just consenting adults with unequal paychecks.

Are these the lessons legislators intend when they pass zero-tolerance laws -- and when bureaucrats enforce them? Because that's what the kids are learning... Terrorizing a little kid for sharing candy -- and justifying it afterward when an outraged parent complains -- doesn't stop drug use. And it never will.

This piece was written nearly ten years ago, yet it seems that any of these incidents could have happened yesterday. Even though school boards have reversed decisions after public outcry, it's not the individual incidents that are the problem; it's the mindset. The parents and media who express this outrage need to continue to pressure the schools into changing their policies, and not just into making individual exceptions.

Boy turns in knife, may still be expelled

Indianapolis Star, April 3, 2006

An Indiana couple are stunned that a principal suspended their son and recommended his expulsion for possession of a pocketknife even though he turned the knife in to the office as soon as he arrived at school. After turning in the knife, the eighth-grader was suspended from Stonybrook Middle School for 10 days and may be expelled. Elizabeth Voge-Wehrheim and Frank Wehrheim, the boy's mother and stepfather, have hired attorney Lawrence T. Newman to represent them.

"This young man made the most responsible choice under any policy possible," Newman said of the boy, Elliot Voge. "They are treating him as the most irresponsible student under the circumstances." Elliot, 14, said he was walking to the school entrance in the brisk weather March 3 and had placed his hands in his coat pocket when he felt the Swiss Army pocketknife in the pocket. "I went straight to the office right inside (the front door)," he said. He said he handed the knife to the school's treasurer,and told her he had brought it to school by mistake. As a result of Elliot's actions, the school's principal, Jimmy Meadows, suspended Elliot for the maximum 10 school days as allowed by law and recommended Elliot be expelled.

The family's attorney said school officials' actions send students the wrong message. "Their message is to be dishonest, take more chances," Newman said. Elliot "didn't want to keep it (the knife) on his person," Newman said. "The school is saying, 'Don't make this responsible choice.' "

I don't think anyone can argue that students should be able to take weapons to school, any more than you or I can take weapons to the office, into a theatre, or on an airplane. But the people in charge here should be able to discern between a tool, brought in error, and surrendered immediately and voluntarily, and a loaded firearm brought intentionally and concealed.

The family attorney has the right idea here. Under the circumstances, what choice did the kid have? Other sources say that Elliot was using the knife over the weekend to whittle some wood, which is how it ended up in his pocket in the first place, and that he only noticed its presence after his parent had dropped him off outside the school and classes were to begin soon. Elliot had been a model student, recommended for AP courses the following year with no disciplinary record. His friends urged him to hide it but no, he made the honest and responsible choice. Would that more adults followed his example.

Zero tolerance means zero thought. It's also another violation of the constitutional rights guaranteed to all citizens; the Fifth Amendment right to due process of law. Automatic expulsion of students for an infraction, no matter what the circumstances or the severity, denies the students their right to defend themselves against the accusation.

Follow-up: Due to widespread outrage and media attention, the following week the principal reversed his decision and opted not to punish the student. This was a highly publicised case that resulted in a victory for the teen in question, but is still symptomatic of the larger problems. How many of these kinds of cases go by without the media frenzy? We as a society need to address the root cause of this knee-jerk reaction, and not just focus on the extremes.