PA School Being Sued For Suspending 7-Year-Old Student 'Armed' With A Novelty Buzzing Pen
from the there's-no-stupid-quite-like-'broad,-inflexible-policies'-stupid dept
Let's forgo the usual preamble running down previous clashes between common sense and school weapons policies and get right to it. Here's another example of zero tolerance and the damage done, involving a seven-year-old and his dangerous gag gift/pen.
A lawsuit filed against Hershey Elementary School (along with the Derry Township School District and Principal Joy MacKenzie) details the events that led up to seven-year-old G.B.'s four-day suspension.
On January 15, 2013, G boarded his bus "armed" with a novelty pen that emitted a small buzz when touched, and showed it to some friends. At some point during the trip to school, the bus driver noticed the pen, asked to see it and then confiscated it from G.
Three days later, the principal of Hershey Elementary, Joy MacKenzie, called G's parents and told them their son had violated the school weapons policy. They were asked to remove him from the school immediately and then handed down a four-day suspension for his violation. At no point were G's parents allowed to contest the decision.
Here's the school's extremely broad definition of "weapon."
Weapon - the term shall include by way of example and not limitation, any poison gas, knife, cutting instrument, cutting tools, nunchaku stick, firearm, shotgun, rifle, and any other tool, instrument or implement capable of inflicting bodily injury or property damage, and shall include any item that is represented to be a weapon, that is threatened to be used as a weapon, or that has the appearance or characteristics of a weapon, such as a toy gun or water pistol.Unless you consider a very mild shock to be "bodily injury," there's no way a novelty buzzing pen falls under any part of this weapons policy. I suppose it could be argued that someone could be stabbed with the pen, but that would mean the removal of every pen and pencil in the school (along with every child).
Principal MacKenzie apparently viewed the pen as a weapon and based solely on that, she has now, by virtue of this suspension, placed a seven-year-old pen wielder into the same category as actually dangerous students carrying actual weapons. The policy states that the following mandatory actions are carried out for any violations.
Violation of this policy by any student shall result in the following:Presumably, this "incident" was also reported to local law enforcement (per policy), although there seems to be no documentation included of the responding officer's hearty laughter accompanying the sound of a phone being placed back on the cradle. (Or, failing that, the officer's immediate visit to Hershey Elementary to detain the dangerous thug using all available [but appropriate -- always appropriate] restraint methods.)
1. Immediate exclusion from class or activity.
2. Notification of the Derry Township Police Department.
3. Contact of custodial parent.
4. Immediate exclusion from the school for a ten (10) day out-of-school suspension will be imposed, whereupon a minimum of one (1) year expulsion will be recommended to the superintendent and School Board for ratification. At the discretion of the superintendent, the determination of discipline, including the immediate ten (10) day out-of-school suspension and the one (1) year expulsion, may be modified on a case-by-case basis.
Such expulsion shall be given in conformance with formal due process proceedings required by law.
Considering the policy provides for a minimum 10-day suspension, it appears the superintendent (Joseph McFarland) overrode the minimum at his discretion, dropping it to four days. Unfortunately, his discretionary skills failed to remove the suspension entirely and ask that administration not bother him again until a student brings a real weapon to school, or at least, something resembling a real weapon.
It should be noted that the policy provides for "formal due process proceedings as required by law," but apparently that sentence is just boilerplate the district forgot to delete before publication. According to the lawsuit, the parents were given no avenue of recourse or protest, which poses a problem for the school.
The District has arbitrarily deprived G of his state-created property interest in public schooling without due process of law on the basis of nothing but hysterical and overly-zealous application of a constitutionally-deficient school policy.Beyond that, the lawsuit states that the policy itself is unconstitutionally vague and contrary to Pennsylvania state law.
The Weapons Policy is facially unconstitutional for vagueness under the First Amendment because it fails to define with specificity the kind of activity that is proscribed so that a student can conform his or her conduct to the Policy's requirements. Pennsylvania criminal law requires that any potential bodily harm from an item alleged to be a weapon be "serious" as an appropriate limiting condition--a condition absent from the School District's policy...The lawsuit is also seeking a permanent injunction against the district's enforcement of this policy as well as the expungement of the violation from G's record.
[T]he district applies the weapons policy to items which are incapable of inflicting bodily harm or even creating a reasonable fear in any person that such items might cause bodily harm…
Could the school have known that this ridiculous abuse of its weapons policy would have resulted in a lawsuit? Well, anything's possible, but I would imagine that was the furthest thing from the minds of MacKenzie and McFarland when they put their heads together and suspended a student for four days for possession of a novelty pen. Instead, the administrators pursued the "overzealous application" of an already exceedingly-broad policy. Trimming the suspension down from 10 days was likely supposed to implicitly signal that G's offense was minor, but the reality of the situation is that it should never have gotten to this point. The school may defend its actions by stating it erred on the side of caution, but that's a lousy, worn-out excuse. These policies are in place but there's no reason they can't be applied using some common sense filtering.
It's unlikely the court will grant the permanent injunction, but maybe the dust the suit's kicked up will push the school towards narrowing the scope of the policy and generally encouraging the administration to remember the human minds on its staff are perfectly capable of making reasonable decisions when not hampered by inflexible policies that greatly discourage discretionary decisions.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: buzzing pen, kids, overreaction, schools, weapons
Reader Comments
Subscribe: RSS
View by: Time | Thread
No shit, this school has got a fan here. I'm sure we could see Master Splinter and Michelangelo roaming the corridors of that school so it only makes sense you mention nunchakus. I can only imagine Arabic elementary schools.
Weapon - the term shall include by way of example and not limitation belts loaded with bombs, portable nuclear bombs, bombs, anything that does ka-boom etc
And we are talking about goddamn elementary schools. I'm starting to think Americans are born in full tactics gear holding assault guns.
[ link to this | view in thread ]
Re:
I WISH!!
[ link to this | view in thread ]
Middle school shock phone
[ link to this | view in thread ]
More of the same
[ link to this | view in thread ]
I mean seriously, whatever happened to critical thinking by school administrators?
[ link to this | view in thread ]
The irony, is of course, that those methods result in lawsuits anyways. Lose-lose, really, and everyone is to blame.
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
In defense of the school
[ link to this | view in thread ]
Totally the wrong response.
[ link to this | view in thread ]
[ link to this | view in thread ]
Or in other words "Weapon - the term shall include ... scissors .... and shall include any item that is represented to be scissors". It used to just be "don't run with scissors", now it appears you get a 10 day suspension or expulsion for simply holding scissors at any time (or anything that looks like scissors).
[ link to this | view in thread ]
And in this case totally nonsensical, as there's nothing to be cautious about.
[ link to this | view in thread ]
(emphasis mine)
Are you completely daft? It is because of statements like this that Techdirt has no credibility.
A sword, as we all know, is capable of causing bodily damage. This is indisputable: swords are sharp, pointy and designed for killing people (or chopping watermelons). Now, if you consider the well known fact that "The pen is mightier than the sword", you will see why the school is concerned.
This is a good call on the school's part, and another swing and a miss for Techdirt.
/it was just a joke...don't hit me
[ link to this | view in thread ]
Re:
Sounds like the lunch lady in the cafeteria is armed to the teeth as well.
[ link to this | view in thread ]
Re:
Only on Tuesdays.
[ link to this | view in thread ]
Re: More of the same
[ link to this | view in thread ]
Shocking indeed!.
[ link to this | view in thread ]
Electricity should be removed from the school.
Clearly, electricity fits the "inflicting bodily injury" test.
I suggest that Electricity should be removed from all schools for it is clearly very harmful to children.
Zero Tolerance.
[ link to this | view in thread ]
Shocking indeed!
I'm sure the parents were more than mildly shocked to hear such a ridiculous thing from the school. Since a mild shock is so dangerous, for the shock they received maybe they should also sue the school for mental trauma or PTSD.
[ link to this | view in thread ]
Re: Shocking indeed!.
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
This just in...
[ link to this | view in thread ]
Ohio State University just received an armored military vehicle for use on its premises. Now, what use could a university possibly have with a military vehicle such as this? Have a look.
http://www.infowars.com/ohio-state-gets-armored-fighting-vehicle-specifically-designed-for- asymmetric-warfare/
In addition, the TSA is going to put "covert surveillance" vans to work on the streets in order to conduct surveillance operations, i.e. spy on people.
http://www.infowars.com/tsa-to-roll-out-covert-surveillance-vans/
Is this the "hope and change" we can believe in?
[ link to this | view in thread ]
Re: In defense of the school
/Pratchett
[ link to this | view in thread ]
Countersue
[ link to this | view in thread ]
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re:
That!
It seems our modern society has forgotten that SHIT HAPPENS. It's never anyone's fault; there's no such thing as an accident; everyone acts out of malice; if you have money, you're evil; if you don't have money, you're a victim; if you get caught doing some criminal act, you only did it because you were beaten as a child, molested, abused, had an alcoholic/drug addict parent.... etc.
It's never their fault and someone HAS TO PAY! They DESERVE to be compensated.
[ link to this | view in thread ]
[ link to this | view in thread ]
shotgun
[ link to this | view in thread ]
Re:
Hey! You know how rowdy those pesky Badgers fans can be when they come into town for a game! ;)
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re:
Though, I did know someone when I was in 4th or 5th grade (I think he was older) who tied 2 newspapers together to make nunchaku, w/ the intent to attack someone, so there is some precedence.
I'm surprised more ninja weapons aren't mentioned. The only bladed weapon specifically mentioned was knives. I guess they forgot about shuriken, aka throwing stars, which, technically, falls outside the "cutting instrument/ tool" designation?
[ link to this | view in thread ]
[ link to this | view in thread ]
It's only been fifteen years...
Oh well I guess I can be glad I'm finished with that because from the looks I would have been sent to GITMO.
Now here is the kicker!! At the end of the day they gave my mechanical pen bb gun back and told me to never bring it back.
I was "am the am is for the NSA" not a goddamn terrorist I was fifteen.
[ link to this | view in thread ]
[ link to this | view in thread ]
My new bumper sticker idea
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
They forgot something on their list...
[ link to this | view in thread ]
Only way to be sure
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: They forgot something on their list...
[ link to this | view in thread ]
Futurama Solution
[ link to this | view in thread ]
Re: Re: They forgot something on their list...
[ link to this | view in thread ]
[ link to this | view in thread ]
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Follow through
[ link to this | view in thread ]
Stupidity must be punished
Why can't school principals show a little wisdom and do the right thing just once?
If it was distracting in the classroom, then by all means confiscate it but return it at the end of the day OR send a note home to the parents saying it will be returned to them and not the child so he learns something from it. Suspension for this toy is ridiculous.
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
Re: Re:
Can we just get over ourselves and finally realize that everything can be used as a 'weapon,' stop trying treat only the symptoms and begin focusing on the cause of attacks? I don't know the answer, but it certainly isn't removing the 'weapons.'
[ link to this | view in thread ]
Re:
Maybe the principal wanted to use it for its vibratory effects :)
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: shotgun
[ link to this | view in thread ]
Re: It's only been fifteen years...
[ link to this | view in thread ]
No brains...
[ link to this | view in thread ]
Re: This just in...
[ link to this | view in thread ]
Re: They forgot something on their list...
[ link to this | view in thread ]
[ link to this | view in thread ]
Making the school safe for idiocracy
[ link to this | view in thread ]
Re: More of the same
[ link to this | view in thread ]
these are the people that are teaching our young
if this was a threat to the well being of other children then this was the perfect learning vehicle for a young mind.
its really annoying that we are paying them for being morons with no common sense
[ link to this | view in thread ]
Re: Re: Re:
Hmmm need a Stats major to check that for causation/correlation.
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
Re: Re: More of the same
[ link to this | view in thread ]
Re: Re: Re:
[ link to this | view in thread ]
Re:
A "weapons" policy should only refer to actual weapons. Classifying things such as water pistols as "weapons" is ridiculous.
Don't think so? Imagine what would happen if the same zero-tolerance policy was applied outside of schools;
You and a couple friends are screwing around shooting each other with water guns when three police cars roll up, the cops jump out, draw their guns and start screaming at you to drop your weapons. You're told to lie face down on the ground, cuffed, arrested and booked on charges of possession of a deadly weapon, assault with a deadly weapon, etc. At trial, you're given five years in prison. All for a gun that shoots water.
Sounds ridiculous, doesn't it? But yet for some reason, people are willing to give such ridiculous behavior a pass when it's in a school.
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: Futurama Solution
[ link to this | view in thread ]
Re: Re: Re: Re:
Test-firing it was part of the evaluation, and accuracy counted toward the final grade.
[ link to this | view in thread ]
Re: shotgun
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re:
They got a free MRAP, looks like a MaxxPro (from the Wikipedia page). Hilarious. I'm sure it will come in handy during frat pledge week. At least they got it for free, not that maintenance/upkeep will be free. As it seems to have no mounted weapons, the biggest danger involved is the mocking the university will receive for security theater overkill.
[ link to this | view in thread ]
when the bus driver asked to look at 'the weapon', was the bus still moving or had the driver stopped? where was the bus stopped? at a normal, accepted point of student pick-up or at an undetermined spot, just to check out this aforesaid, dangerous weapon?
at what point and time did the bus driver pass this 'dangerous weapon to a member of school staff? what was the discussion between the driver and the school official?
did they both manage to keep straight faces during this discussion or did one or both actually burst out and laugh his/her fucking nuts off??
[ link to this | view in thread ]
[ link to this | view in thread ]
Re:
No one is going to sue the school for a child bringing a pen to school.
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
Left vs right
[ link to this | view in thread ]
Re:
"Policy Development is one of the most important responsibilities of the Board of Trustees."
It actually says that on the Board's website. I would have thought that one of the most important responsibilities would be the freaking education of children.
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: Re: More of the same
[ link to this | view in thread ]
Re:
If the Principal lacks these qualities, then that Principal is unqualified for the job and should be fired. If district policies remove the authority of the job, then they should also remove the increased pay.
[ link to this | view in thread ]
Re: Re:
[ link to this | view in thread ]
You can stab someone with a #2 pencil...
[ link to this | view in thread ]
Re: Re: Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
School zero tolerance
[ link to this | view in thread ]
Re: Follow through
[ link to this | view in thread ]
Re: Re: Re: Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]