Posted on 06/06/2013 10:51:40 AM PDT by Wolfie
Schools not obligated legally to protect students from each other, appeals court rules
Public schools don't have a “special relationship” with students that would make them legally obligated to protect students from each other, a federal appeals court ruled Wednesday in a 10-4 decision upholding a ruling in a Beaver County case.
Bradley and Diedre Morrow of West Mayfield sued the Blackhawk School District in 2010 after the district refused to expel a student who repeatedly attacked one of their daughters, even after the attacker was twice adjudicated delinquent because of the assaults.
In a precedential ruling, a 10-judge majority of the 3rd U.S. Circuit Court of Appeals confirmed the March 2011 ruling by U.S. Magistrate Judge Lisa Pupo Lenihan that schools don't have the same control over students that the government has over inmates and people involuntarily committed for mental health reasons, so it doesn't have the same constitutional duty to protect students from harm.
A four-judge minority disagreed, saying that compulsory school attendance and school regulations temporarily place students in the state's custody and therefore deserving of its protection.
Yet another reason to get your kids out of state schools and either home school or put them in private school.
Bully codes only apply to those beating up on homosexuals. When bullies are thugs who kick the crap out of the brains or nerds, there is a hands off approach and no national “anti-bullying” campaign.
Political correctness is a lie.
Decision seems right, but do we REALLY need to be paying 14 judges to decide this?
The four judge minority is correct.
The minority is right. If the school isn't responsible for protecting the student, then the student should have the right to bring weapons to protect themselves.
Er, what do you have to do to get expelled?
Why would parents who love their children send them to such a dangerous environment for 7 hours a day for 185 days a year? That’s just crazy. Even animals protect their young,
Prisons are held to higher standards.
So let me get this straight, schools won’t defend students from assault yet those kids can carry no weapons to defend themselves.
Isn’t that the definition of no civilization? A place where brute force rules?
They’re in loco parentis, so they indeed do have full responsibility.
Public schooling needs to eventually END.
should read "students from anyone" on the school grounds
Kinda like the old "Not in my job description"....
On further contemplation, I understand. It is a step toward the implementation of Sharia law whereby the parents of those students involved in school violence then resort to reprisals and blood feuds to compensate.
Maybe not no civilization but islamic acivilization. Nothing like going back to 700 A.D.
Are you sure you read it carefully?
The states forces your children into school and then refuses to provide a *reasonably* safe environment for them. In this case, refuses to protect from an established, known threat?
You don’t see a problem with that?
When the students’ right to protect themselves is completely taken away, then the governmental entity which took away that becomes wholly responsible for protecting the students.
Pray for help........
THEY DON’T???
Anyone ever hear of the doctrine of In Loco Parentis?
Since the state is seizing children from the parents, it is obliged to fulfill the necessarily roles which otherwise would be filled by the parent. I’m aware of Tinker, NJ v TLO and WV v Barnett, but these must be seen as limitation to the doctrine, not discarding it!
(In Loco Parentis means, “in the place of a parent,” not “Crazy Parents.”)
Er, what do you have to do to get expelled?
Good question. Principals catch a lot of flak if their dropout rate is too high. “Encouraging” thugs, criminals, and ne’er-do-wells to just stop attending school is actually a career ending move for the principal.
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