- Joined
- Jun 16, 2003
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- 20,194
Voters in this area typically do not vote in the school board races. So when sane people are not watching, "Zero Tolerance" (i.e. Zero Use of Reason) policies creep and crawl in. Next thing you know, kids are suspended for pointing a finger and saying "Bang" and footballs and softball are banned from recess.
Courts in Ohio have repeatedly struck down local ordinances outlawing, for example, a prohibition on "any knife with a blade 2 and one half inches long or longer," on the grounds that such ordinances are illegally irrational, that is, not rationally related to any legitimate governmental objective..
Was there was an express ruling in this school that all knives are weapons? If so, it was "poor poker" to bring a knife to school. (Any "knives" in the cafeteria? Spoons? Forks? Give me five minutes on a concrete sidewalk and I have a shank.)
If there was no such ruling, there was no "clear violation," just a phobic emotional reaction. Where were the adults?
Kids have reduced civil rights, but the totally arbitrary decision that any knife is a weapon is far worse in a supposed educational institution than a reasoned decision about whether a given implement is a weapon on not.
I would rather defend the result of a thought process -- the quality of the exercise of judgment (which usually has a qualified immunity for individuals under the law) -- than try to defend an institutionalized refusal to exercise judgment. Arguing for a position that makes the judge's skin crawl is also "poor poker" in the long run. You may not even convince state educational authorities:
The OP brought a knife to school in clear violation of the schools established rules. People can say "Well it was such a tiny knife", but that's why they have "zero tolerance" policies- so administrators won't be making arbitrary judgements regarding when a kids knife qualifies as a dangerous weapon. If a teacher saw a kid with a small knife and did nothing about it, and if that kid hurt another child with that knife, that teacher's life could be ruined as a result (termination, lawsuit, loss of teaching credentials).
Courts in Ohio have repeatedly struck down local ordinances outlawing, for example, a prohibition on "any knife with a blade 2 and one half inches long or longer," on the grounds that such ordinances are illegally irrational, that is, not rationally related to any legitimate governmental objective..
Was there was an express ruling in this school that all knives are weapons? If so, it was "poor poker" to bring a knife to school. (Any "knives" in the cafeteria? Spoons? Forks? Give me five minutes on a concrete sidewalk and I have a shank.)
If there was no such ruling, there was no "clear violation," just a phobic emotional reaction. Where were the adults?
Kids have reduced civil rights, but the totally arbitrary decision that any knife is a weapon is far worse in a supposed educational institution than a reasoned decision about whether a given implement is a weapon on not.
I would rather defend the result of a thought process -- the quality of the exercise of judgment (which usually has a qualified immunity for individuals under the law) -- than try to defend an institutionalized refusal to exercise judgment. Arguing for a position that makes the judge's skin crawl is also "poor poker" in the long run. You may not even convince state educational authorities:
PROVIDENCE, RI - In an important victory for students' free speech rights, the Rhode Island Department of Education today ordered Portsmouth High School to publish a yearbook photo of a student dressed in a medieval costume. The education commissioner agreed with the American Civil Liberties Union of Rhode Island that school officials improperly used the district's "zero tolerance" weapons policy to reject 17-year-old Patrick Agin's senior portrait because he posed with a prop sword.
"The commissioner's ruling rightly rejects the knee-jerk use of zero tolerance policies by school officials that often run counter to both common sense and students' rights," said ACLU of Rhode Island Executive Director Steven Brown.
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