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

Fri, Sep 27th 2013 5:15am — Tim Cushing

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:

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.

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.)

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...

[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…

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.

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.

M D Pa 1 13 Cv 02431 1 0 (PDF)M D Pa 1 13 Cv 02431 1 0 (Text)

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

96 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Ninja (profile), 27 Sep 2013 @ 4:17am

nunchaku stick

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 chronology ]
- silverscarcat (profile), 27 Sep 2013 @ 5:16am
  
  Re:
  I'm starting to think Americans are born in full tactics gear holding assault guns.
  
  I WISH!!
  [ link to this | view in chronology ]
- McCrea (profile), 27 Sep 2013 @ 6:36am
  
  Re:
  I'm starting to think Americans are born in full tactics gear holding assault guns.
  
  Only on Tuesdays.
  [ link to this | view in chronology ]
  - Anonymous Coward, 27 Sep 2013 @ 7:03am
    
    Re: Re:
    In Texas
    [ link to this | view in chronology ]
- Lurker Keith, 27 Sep 2013 @ 8:30am
  
  Re:
  I noted Mikey's weapon being singled out as well. lol
  
  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 chronology ]
  - PRMan, 27 Sep 2013 @ 9:56am
    
    Re: Re:
    When I was in school, kids had butterfly knives, switchblades, shuriken, baseball bats, sais, etc., all brought to school without any incident.
    [ link to this | view in chronology ]
    - Atkray (profile), 27 Sep 2013 @ 11:11am
      
      Re: Re: Re:
      Yeah, at my schools too. Funny now that I think about it kids left their guns in the gun-racks in their trucks instead of bringing them to class.
      
      Hmmm need a Stats major to check that for causation/correlation.
      [ link to this | view in chronology ]
  - egghead (profile), 27 Sep 2013 @ 9:56am
    
    Re: Re:
    So, does their definition technically cover finger-nails (note: I use mine to cut through tape on boxes)? What about my fists, head, elbow or feet? Hell, a simple ball-point pen is capable of being a very deadly weapon in my hands. Do they allow forks in the cafeteria? Also, those textbooks make quite good bludgeoning devices.
    
    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 chronology ]
Prashanth (profile), 27 Sep 2013 @ 5:36am

Middle school shock phone
I remember when I was in middle school, a kid had brought a fake cell phone that gives you a mild shock if you press the only functional button on the phone. Of course, as cell phones were still kind of a new thing then, and as it was rare for a middle schooler to have a cell phone, a lot of people wanted to try it, and a lot of them fell for the trick. Nothing bad came of it, and while the teachers were annoyed (and may have temporarily confiscated the device and given him detention), he didn't get suspended for it. I'm glad those teachers didn't overreact like these.
[ link to this | view in chronology ]
AJBarnes, 27 Sep 2013 @ 5:54am

More of the same
The 'wussification' of America. Some kid got expelled for playing with a toy gun in his front yard... the left is hell bent on turning every male in this country into potential castmates of Glee.
[ link to this | view in chronology ]
- Anonymous Coward, 27 Sep 2013 @ 6:45am
  
  Re: More of the same
  Pretty sure it isn't just the left. I seem to hear riffs on "Won't somebody PLEASE think of the children?!" pretty equally from all sides of the fence.
  [ link to this | view in chronology ]
  - Bergman (profile), 27 Sep 2013 @ 11:04pm
    
    Re: Re: More of the same
    Given it's politicians, they're seldom standing on the left or right of the fence, but rather in the gutter that runs under it.
    [ link to this | view in chronology ]
- Ruben, 27 Sep 2013 @ 11:03am
  
  Re: More of the same
  The difference between left and right is largely superficial these days.
  [ link to this | view in chronology ]
  - John Fenderson (profile), 27 Sep 2013 @ 11:30am
    
    Re: Re: More of the same
    Not just these days. It has been since Reagan.
    [ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 6:01am

It scares me that idiots like this principal are responsible for the schooling of children. I wouldn't trust this fucktard to run a doggie day care center, let alone a school.

I mean seriously, whatever happened to critical thinking by school administrators?
[ link to this | view in chronology ]
- squall_seawave (profile), 27 Sep 2013 @ 6:09am
  
  Re:
  it was drowned by the fear propaganda of the usa goverment
  [ link to this | view in chronology ]
- Anonymous Coward, 27 Sep 2013 @ 1:11pm
  
  Re:
  The admins function at a higher level than the panicky, politically correct, 'uncomfortable' helicopter parents that have nothing but free time to screech at school officials about the slightest thing.
  [ link to this | view in chronology ]
- Vincent Clement (profile), 27 Sep 2013 @ 4:16pm
  
  Re:
  Critical thinking was replaced with policies. My son's school board has at least 100 policies and procedures including five documents about reviewing those policies and procedures.
  
  "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 chronology ]
- Bergman (profile), 27 Sep 2013 @ 11:06pm
  
  Re:
  Supposedly, a school Principal has the sort of common sense and knowledge of the rules you'd expect of a judge, so that they can make decisions wisely and exercise good judgment when called upon to do so. The training and talent required to do so is why they are paid more than the rank and file teachers.
  
  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 chronology ]
TheLoot (profile), 27 Sep 2013 @ 6:08am

I think one reason for overreactions like these is the overly-litigious way that society has gotten. The schools are afraid that if they don't do EVERYTHING in their power to keep children safe and something happens, parents are going to sue the shit out of the school.

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 chronology ]
- Joe Dirt, 27 Sep 2013 @ 7:58am
  
  Re:
  "I think one reason for overreactions like these is the overly-litigious way that society has gotten."
  
  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 chronology ]
- Anonymous Coward, 27 Sep 2013 @ 2:41pm
  
  Re:
  Bullshit.
  
  No one is going to sue the school for a child bringing a pen to school.
  [ link to this | view in chronology ]
  - TheLoot (profile), 27 Sep 2013 @ 2:53pm
    
    Re: Re:
    I'm not specifically referring to this story, just about these policies and overzealous enforcement of them in general.
    [ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 6:09am

In defense of the school
The pen is mightier than the sword... maybe they have a case here.
[ link to this | view in chronology ]
- Not an Electronic Rodent (profile), 27 Sep 2013 @ 7:17am
  
  Re: In defense of the school
  The pen is mightier than the sword...
  Only if the sword is very small and the pen is very sharp.
  /Pratchett
  [ link to this | view in chronology ]
Zem, 27 Sep 2013 @ 6:10am

Totally the wrong response.
Suspending this child will do nothing to prevent the real danger that novelty pens pose. Arming the teachers with assault rifles would be the more appropriate measure.
[ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 6:13am

Apart from probably a minor matter of religious belief, the principle would fit in with the Taliban, or any extremist organisation.
[ link to this | view in chronology ]
Shaun Wilson (profile), 27 Sep 2013 @ 6:16am

"Weapon - the term shall include ... cutting tools .... and shall include any item that is represented to be a weapon"

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 chronology ]
- Anonymous Coward, 27 Sep 2013 @ 6:19am
  
  Re:
  Exactly my thoughts when I read that.
  
  Sounds like the lunch lady in the cafeteria is armed to the teeth as well.
  [ link to this | view in chronology ]
- Anonymous Coward, 27 Sep 2013 @ 7:50am
  
  Re:
  I had no idea how subversive the 'peace' sign really was until someone pointed out that it's really conveying a threat by stabbing a representation of scissors violently into the air.
  [ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 6:16am

The school may defend its actions by stating it erred on the side of caution, but that's a lousy, worn-out excuse.

And in this case totally nonsensical, as there's nothing to be cautious about.
[ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 6:18am

"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."

(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 chronology ]
Oblate (profile), 27 Sep 2013 @ 6:47am

Shocking indeed!.
Unless you consider a very mild shock to be "bodily injury,"
[ link to this | view in chronology ]
- Oblate (profile), 27 Sep 2013 @ 6:57am
  
  Re: Shocking indeed!.
  Ignore, I hit the enter key by accident. Wish comments like this could be deleted.
  [ link to this | view in chronology ]
Ajax4Hire (profile), 27 Sep 2013 @ 6:49am

Electricity should be removed from the school.
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 chronology ]
Oblate (profile), 27 Sep 2013 @ 6:55am

Shocking indeed!
Unless you consider a very mild shock to be "bodily injury,"
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 chronology ]
Anonymous Coward, 27 Sep 2013 @ 7:02am

Wonder what would have happened to me with my disappearing bikini/naked lady pen?
[ link to this | view in chronology ]
- Anonymous Coward, 27 Sep 2013 @ 8:20am
  
  Re:
  They would try to suspend the lady.
  [ link to this | view in chronology ]
- PRMan, 27 Sep 2013 @ 9:59am
  
  Re:
  Saw one of those in school too. Kid had it confiscated until his parents came and picked it up and told not to bring it back to school as it was a distraction. Problem solved. I'm not even sure he got detention, but if he did, it was one day.
  [ link to this | view in chronology ]
RyanNerd (profile), 27 Sep 2013 @ 7:10am

This just in...
School lunch has been banned because the potential to use an ear of corn as a deadly weapon is too great a risk.
[ link to this | view in chronology ]
- Oblate (profile), 27 Sep 2013 @ 10:22am
  
  Re: This just in...
  Good. Weapons of mass digestion don't belong in schools.
  [ link to this | view in chronology ]
The Real Michael, 27 Sep 2013 @ 7:11am

Well folks, the totalitarian dictatorship is here in full force.

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 chronology ]
- Anonymous Coward, 27 Sep 2013 @ 8:18am
  
  Re:
  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?
  
  Hey! You know how rowdy those pesky Badgers fans can be when they come into town for a game! ;)
  [ link to this | view in chronology ]
- Pragmatic, 27 Sep 2013 @ 9:48am
  
  Re:
  Why are you taking Alex Jones seriously?
  [ link to this | view in chronology ]
  - The Real Michael, 27 Sep 2013 @ 1:04pm
    
    Re: Re:
    I scrounge around for news bits here and there. Much of the articles on Infowars are based on preexisting articles, such as the above. Care to dispute those two articles' authenticity?
    [ link to this | view in chronology ]
- Oblate (profile), 27 Sep 2013 @ 1:23pm
  
  Re:
  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.
  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 chronology ]
  - Bergman (profile), 27 Sep 2013 @ 11:10pm
    
    Re: Re:
    And if they ever seriously NEED an armored vehicle, they'll quickly discover how inadequate the armor on those things is for anything beyond a group of unarmed protestors.
    [ link to this | view in chronology ]
    - The Real Michael, 28 Sep 2013 @ 5:03am
      
      Re: Re: Re:
      Students could always throw something on it to cover the windshields, such as paint, a tarp, or whatever else, but that's beside the point. The idea is to desensitize the public to seeing military this-and-that operating domestically. That's why in a recent commercial for American Express they show surveillance cameras mounted everywhere, SWAT officers and armored "police" vehicles strolling down an ordinary city block, as if it were an everyday occurrance. A few days ago there was a shooting somewhere in the tri-state area and the police locked down an entire suburban town because of it. They showed checkpoints manned by state troopers, helicopters swooping around and police/state troopers dressed in full tactical military gear, much like during the search for the Boston Bombers. Now, doesn't that strike you funny?
      [ link to this | view in chronology ]
      - talmyr (profile), 1 Oct 2013 @ 7:56am
        
        Re: Re: Re: Re:
        Only when it's your security-daft country, not mine.
        [ link to this | view in chronology ]
Ragnarredbeard, 27 Sep 2013 @ 7:26am

Countersue
I would highlight the school policy on pointy objects as weapons and immediately sue to have all pens, pencils, scissors, knives and forks in the cafeteria, etc. removed from the school. For the children.
[ link to this | view in chronology ]
Rabbit80 (profile), 27 Sep 2013 @ 7:36am

Hell, I used to build shockers from disposable camera flashes when I was at school! Never got me suspended, but did get me in a lot of trouble. Them things gave a massive jolt!
[ link to this | view in chronology ]
- Michael, 27 Sep 2013 @ 9:05am
  
  Re:
  We made those in SHOP CLASS when I was in high school.
  [ link to this | view in chronology ]
  - Anonymous Coward, 27 Sep 2013 @ 11:20am
    
    Re: Re:
    We made bongs in shop class. Guess that dates me.
    [ link to this | view in chronology ]
    - John Fenderson (profile), 27 Sep 2013 @ 11:31am
      
      Re: Re: Re:
      We made zip guns.
      [ link to this | view in chronology ]
      - James, 27 Sep 2013 @ 12:33pm
        
        Re: Re: Re: Re:
        Fully functioning crossbows with 60-pound pull. Put a bolt clear through you, if it misses the bones.
        
        Test-firing it was part of the evaluation, and accuracy counted toward the final grade.
        [ link to this | view in chronology ]
- Anonymous Coward, 28 Sep 2013 @ 10:19am
  
  Re:
  Color TV voltage tripler, 9-volt and a simple circuit. I went to vo-tech. :3
  [ link to this | view in chronology ]
Michael Dee, 27 Sep 2013 @ 8:02am

Heh. When I was in junior high I forgot to take a pocket knife out of my pocket before getting on the bus. 3 days out of school suspension. When I was in high school I helped win nuke the entire high school FROM across state lines. I didn't get anything. if this was now, I'd be in a secret prison.
[ link to this | view in chronology ]
anonymous dutch coward, 27 Sep 2013 @ 8:12am

shotgun
ok, maybe this is an american thing, but over here we call shotguns firearms. is it because they confiscated so many shotguns from 7 year olds, that it had to be separately mentioned? or did they just snore to much?
[ link to this | view in chronology ]
- PRMan, 27 Sep 2013 @ 10:01am
  
  Re: shotgun
  In Texas shotguns are so common that if you said "firearms" it might not register that their shotgun was one.
  [ link to this | view in chronology ]
- Ranba Ral, 27 Sep 2013 @ 12:49pm
  
  Re: shotgun
  Shotguns are firearms everywhere. This is probably a case of someone who has no clue what they're actually writing rules about writes the rules.
  [ link to this | view in chronology ]
Erik Grant, 27 Sep 2013 @ 8:49am

Now, if the town had been Derry, Maine, instead of in PA, nobody would have thought anything of a kid bringing a weapon to school. Things in Derry are always a little... off.
[ link to this | view in chronology ]
- Michael, 27 Sep 2013 @ 9:04am
  
  Re:
  it must be the Derry air.
  [ link to this | view in chronology ]
- talmyr (profile), 1 Oct 2013 @ 7:59am
  
  Re:
  Probably much the same in the original Derry, Northern Ireland...
  [ link to this | view in chronology ]
Bill, 27 Sep 2013 @ 8:51am

It's only been fifteen years...
In high school I received one lunch detention for bringing a homemade mechanical pen bb gun to class.
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 chronology ]
- PRMan, 27 Sep 2013 @ 10:02am
  
  Re: It's only been fifteen years...
  I used to make those in class. One time, the teacher told me to knock it off and get back to work, so I did.
  [ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 8:57am

Weapon - the term shall include by way of example and not limitation, any poison gas( such as farts), knife, cutting instrument (such as scissors, wood saws ), cutting tools ( such as sporks, plastic cutlery ), nunchaku stick, firearm, shotgun, rifle, and any other tool, instrument or implement capable of inflicting bodily injury or property damage (such as finger nail clippers/files, boots, shoes, balls, bats, golf clubs, scarfs, shoe laces, string, yarn, glue, finger paint, popsicle sticks, hockey sticks, hockey pucks, backpacks, books, pencils, pens, erasers, feet, legs, arms, hands, fists, heads, necklaces, bracelets, earrings, test tubes, bunsen burners, keyboards, monitors, laptops, kendles, ipads, iphones, cell phones, belts, shirts, pants, blankets, plastic bags, pillows, however asses are allowed and you will find them in the front office. ), 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.
[ link to this | view in chronology ]
- Jenn, 12 Oct 2013 @ 2:11pm
  
  Re:
  OMG I love this, my 13yr old just got suspended for holding it, not touching anyone or giving it to friends, my husband gave it to him we had no idea it was considered a weapon. My son has NEVER been in trouble for anything ever! He's a really good kid, and his principal used no common sense to just take it, say it's not allowed, call us to come get it, and tell us they are not allowed. End of story! But no this principal is a ass, maybe I should sue to!!
  [ link to this | view in chronology ]
Michael, 27 Sep 2013 @ 9:02am

My new bumper sticker idea
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 don't kill people, people kill people.
[ link to this | view in chronology ]
Berenerd (profile), 27 Sep 2013 @ 9:05am

They forgot something on their list...
...Learning. Learning is a dangerous weapon, thankfully it seems schools have slowly stopped teaching so there is no real danger of that happening.
[ link to this | view in chronology ]
- Michael, 27 Sep 2013 @ 9:06am
  
  Re: They forgot something on their list...
  I would be constantly threatening to bludgeon people with my books.
  [ link to this | view in chronology ]
  - Anonymous Coward, 27 Sep 2013 @ 9:10am
    
    Re: Re: They forgot something on their list...
    I would be constantly threatening to bludgeon people with my fists.
    [ link to this | view in chronology ]
- Anonymous Coward, 27 Sep 2013 @ 10:23am
  
  Re: They forgot something on their list...
  Lame and predictable. 2/10
  [ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 9:05am

Only way to be sure
Don't procreate, its the only way to be sure that your children will never be harmed!
[ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 9:08am

Futurama Solution
Lets just cut the kids heads off, stick them in a jar and then send their heads to school. No way they could harm each other that way!
[ link to this | view in chronology ]
- Anonymous Coward, 27 Sep 2013 @ 12:13pm
  
  Re: Futurama Solution
  Yea, but Words Hurt in today's society.
  [ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 9:27am

As a resident of Hershey, and Derry Twp I'm glad the $500 in school taxes everyone making over 10k has to pay is being used to protect children from AAA powered hand buzzers. I wonder if a whoopee cushion is considered an explosive device under this policy?
[ link to this | view in chronology ]
- TideMan (profile), 27 Sep 2013 @ 9:57am
  
  Re:
  EXCELLENT!
  
  Maybe the principal wanted to use it for its vibratory effects :)
  [ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 9:47am

"and any other tool, instrument or implement capable of inflicting bodily injury or property damage"
This is basically banning everything and allows the school to punish arbitrary students (a well known tactic)...
[ link to this | view in chronology ]
Sam, 27 Sep 2013 @ 9:49am

Follow through
I just hope the parents stick to their guns (heh) and refuse to settle when the school inevitably tries to.
[ link to this | view in chronology ]
- Dave P., 29 Sep 2013 @ 2:44pm
  
  Re: Follow through
  No the school district will drag out the lawsuit for as long as they can. They have tax dollars, and will spend them to beggar an upstart litigant parent into submission.
  [ link to this | view in chronology ]
TideMan (profile), 27 Sep 2013 @ 9:55am

Stupidity must be punished
I hope they win this lawsuit (A phrase I have never thought, spoken or written prior to this).

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 chronology ]
Jasmine Charter, 27 Sep 2013 @ 10:05am

No brains...
And these sort of mindless idiots are teaching our kids? And we wonder why our society is crumbling?
[ link to this | view in chronology ]
dennis deems (profile), 27 Sep 2013 @ 10:44am

I think they are going to far in trying to prevent the weapons policy permanently from being enforced. I think claiming vagueness is overstating the case. It doesn't really seem vague to me. Unless there's something we're not being told, the pen, even by virtue of its buzzing nature, doesn't seem to come within the policy.
[ link to this | view in chronology ]
- Rekrul, 27 Sep 2013 @ 11:55am
  
  Re:
  I think they are going to far in trying to prevent the weapons policy permanently from being enforced. I think claiming vagueness is overstating the case. It doesn't really seem vague to me.
  
  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 chronology ]
- Ranba Ral, 27 Sep 2013 @ 12:55pm
  
  Re:
  The vagueness comes in at the bit about 'anything that can cause property damage or injury'. ANYTHING can cause property damage or injury, so EVERYTHING is a violation of weapons policy should a teacher or administrator says so.
  [ link to this | view in chronology ]
nightfly, 27 Sep 2013 @ 10:47am

Making the school safe for idiocracy
What, were they afraid the kid would start scribbing eyeglasses and mustaches on his classmates? It is beyond ridiculous that so many unthinking morons are in charge of educating children, of all things.
[ link to this | view in chronology ]
teknosapien, 27 Sep 2013 @ 11:10am

these are the people that are teaching our young
It really seems to be absurd that in this day and age these are the people shaping the minds of our children.
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 chronology ]
Anonymous Coward, 27 Sep 2013 @ 11:12am

all students should have their hands cut off becuase they "could" make a fist and hit another student. Sames for for the legs as they "Could" kick some one. Also all teeth should be pulled to stop student's from bitting.
[ link to this | view in chronology ]
Rekrul, 27 Sep 2013 @ 11:58am

If a child were to bring a tennis ball to school, throw it and yell "grenade!" they'd probably be suspended under these silly zero-tolerance policies. But what happens if they do the same thing with a school-provided tennis ball? Should the school be prosecuted for providing a "weapon" to a student?
[ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 1:33pm

so what gave the bus driver the right to confiscate the pen? if he/she was so worried that it was a weapon, what weapon did he/she think it might be? if he/she thought it was a weapon, why ask to look at it? did it have to be identified as a definite weapon?
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 chronology ]
- talmyr (profile), 1 Oct 2013 @ 8:02am
  
  Re:
  Yes, these are the same bus drivers that are recommended to (or too afraid to) stop near-fatal beatings - but they're happy to engage with a student with a 'weapon' of mass buzzing.
  [ link to this | view in chronology ]
Anonymous Coward, 27 Sep 2013 @ 2:12pm

Twenty years ago, we used to call the kids who weren't allowed scissors, pens, and pencils the "slow kids".
[ link to this | view in chronology ]
peter02178, 27 Sep 2013 @ 4:05pm

Left vs right
If you think it's the left causing such problem policies then it's time to stop watching Fox. I went through this sort of crap when I was in school (although not nearly this bad) and it was the "law and order republicans" and the conservatives who gave me the most problems. Think "zero tolerance" and "war on drugs" and you get the gist of it. Regardless of politics though, it's remarkable how little say tax-paying parents have in the policies that govern their kids' educations.
[ link to this | view in chronology ]
Woadan (profile), 27 Sep 2013 @ 4:16pm

OK, this school district must now provide all writing implements to all students so that only the approved ones get used. For whatever they get used for.
[ link to this | view in chronology ]
Bergman (profile), 27 Sep 2013 @ 11:13pm

You can stab someone with a #2 pencil...
Does this mean the school should be reported to the police for conspiracy to bring weapons into a school zone?
[ link to this | view in chronology ]
Marvin price, 28 Sep 2013 @ 5:15pm

School zero tolerance
There is no zero tolerance policy. If such a policy existedcthe bus driver would have been fired for bringing the "weapon" to the school. Of course the school applies common sense in that instance just not the remainder of the time.
[ link to this | view in chronology ]