Posted on 06/27/2006 1:15:26 PM PDT by Diana in Wisconsin
MADISON, WI (AP) -- A state appeals court on Tuesday upheld a lower court's decision throwing out a lawsuit filed by a father and son who said students shouldn't be required to do homework over the summer.
The 1st District Court of Appeals also determined the lawsuit to be frivolous and ordered the father and son to pay reasonable costs and attorney fees to be determined by the trial court.
Peer Larson and his father, Bruce, sued the state and the Whitnall School District in suburban Milwaukee in 2005, arguing that homework should not be required after the 180-day school year is over.
A Milwaukee County Circuit Court judge ruled last year that Wisconsin's mandatory 180-day school term refers only to actual school attendance, not homework. Judge Richard J. Sankovitz said school boards - not the state - should decide whether to require summer homework.
The Larsons appealed, arguing that Peer Larson's high school pre-calculus teacher was acting beyond his authority when he assigned the then-high school sophomore summer homework in 2004.
The teacher, Aaron Bieniek, gave his incoming juniors three homework assignments to complete by certain dates over the summer, which Peer Larson said was difficult because he had a demanding summer job as a camp counselor.
He ultimately submitted the homework late and received a reduced grade for the honors class, according to the court's opinion.
The Larsons also argued on appeal that summer homework violates parents' constitutional right to direct education and upbringing of their children.
The appeals court rejected all of their arguments in Tuesday's unanimous ruling upholding the lower court.
"The Larsons have utterly failed to present an arguable legal basis showing why their case should not have been dismissed," the appeals court said. "Summer homework - particularly for an honors class for which students receive additional credit - fits comfortably within the range of what is reasonable."
Peer Larson, 18, had no comment on the ruling. His father did not immediately return a message left at his home. A spokesman for the state Department of Public Instruction also did not immediately return a message seeking comment on the ruling.
I think I could've found a more worthy cause. What a waste of time and money.
Sonny boy, if you are going to take honors pre-calc, that implies that you will be taking calc eventually, you will probably be glad your teacher gave you a head start.
I wish we would hear a lot more of them myself...
Tell you what Mr. Larson. My daughter will continue her Summer Reading Program and your son can work at her Cat factory.
The state owns your children. Too bad they didn't win this lawsuit. My daughter was in honors too and never had summer homework.
I'll split the difference. If it was a regular course, I could see the kid's point. But it was a honors course, which means extra work and tougher work should be expected.
BTW, we didn't have summer homework back in the "good old days" when US schools were supposedly better than those we have now. We had three full months of vacation, compared to 2+ months, too.
Big brother at work.
I wonder how the non-slow students will feel about this.....
Speaking of reading programs, other than calculus programs....has anyone noticed how many depressing and fatalistic books HS kids are obliged to read?
(Guffaw)
"The 1st District Court of Appeals also determined the lawsuit to be frivolous and ordered the father and son to pay reasonable costs and attorney fees to be determined by the trial court."
Excellent, this should happen more often.
Bruce Larson is typical of parents today. Overprotective, litigious and in general---models of self-centered, anti-authoritarian, narcissists!!
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