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.
Close all public schools! Abolish the NEA!
Sell the buildings to private investors that in turn lease them to Charter Schools!
Government MUST get completely out of education!
Local problems, as in local schools, are best solved locally. Local problems are not best solved by those beyond the local community, as in prisons and mental institutions.
But a judge would know the term all too well.
So these particular judges are knowingly issuing wrong decisions.
Yet more proof that we need our judicial house cleaned, as well.
Well, then, I guess they won’t mind if I start sending little Johnny to school with a .380 in his pocket.
So did I. The schools can’t be in charge of the children without taking responsibility for their safety. They can’t have it both ways.
I agree. Compulsory school attendance reasonably establishes the so-called special relationship requiring schools to protect students from each other imo.
Not be black.
So now, officially, schools are NOT required to do anything to protect children.
Just like, officially, police are NOT required to do anything to protect citizens.
So the school won against a lawsuit filed against them over a student who was harmed IN SCHOOL because its not the schools problem???
Yet what if a male teacher was coming on to a female teacher in that school when it wasnt welcome by her?? The same court would rule against the school a big $$$ for sure.
check out how a in Maryland lawsuit shut down a very popular swimming hole that was open for near a century in 2002.
A popular Baltimore County swim club was negligent two years ago when ill-equipped lifeguards responded slowly to cries for help after a 24-year-old competitive swimmer disappeared, and later drowned, in the deep waters of its quarry, a county Circuit Court jury decided yesterday.
In court, Whelihan argued that the club's lifeguards and management acted properly on July 2, 2000, after Eben's boyfriend yelled that his girlfriend had disappeared while swimming in the quarry.
She said there was scant chance anyone could have rescued Eben, who had slipped under the water unseen and without a struggle. She also said Eben was partly to blame for her own death because before swimming she had taken pain medication that could have made her drowsy.
“This quarry is big and deep, and when you swim in it, you know that,” Whelihan said.
But the Ebens’ attorney, Margaret M. McKee, argued that the swim club should have had an appropriate emergency response plan and sufficient rescue equipment, and that lifeguards were responsible for protecting swimmers.
Who imagined that they did?
“Bully codes only apply to those beating up on homosexuals.”
Not beating up on them - simply expressing disapproval, or failing to “celebrate” is “bullying”.
“Political correctness is a lie.”
Indeed, it’s whole definition is the punishment of truth telling. It’s no coincidence that political correctness was first referred to as “cultural Marxism”.
sigh....
I think the title is not correct.
It’s not protecting students from “each other” that they are specifically referring to.
In middle school in California, as far as I can tell, you cannot be expelled, period. About the only way to get a kid out of the system is for him to be incarcerated. And as soon as he's out, back he comes. We have had kids commit assault, vandalize property, start fires (start FIRES!) bring drugs... you cannot expel them.
So first graders are responsible for protecting themselves from sixth graders when they are at school?
Truth is, they really can’t protect your kid, no matter what 14 judges say. It’s not physically possible for them to watch every interaction, every second of every day, in a building with hundreds or thousands of kids.
Granted the current Obama policies about not being able to expel troublemakers cause that’s RAAAACIST have compounded the problem.
Brother!
That is good to know, silly me I always thought I had a duty to protect.
Say the word ‘gun’ in school?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.