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Appeals court reinstates girl's strip-search case
LA Times ^ | July 12, 2008 | Maura Dolan

Posted on 07/13/2008 9:25:13 AM PDT by 21stCenturyFreeThinker

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To: MissEdie

If she wasn’t threatening anyone though...would it not be more reasonable to put it away, send her back to class, and give it back at the end of the day and tell her not to bring toys to school. That’s the way it used to be done.


41 posted on 07/13/2008 10:26:06 AM PDT by CindyDawg
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To: CindyDawg

So, here’s the thing of it.

People who preach “zero tolerance” have zero credibility with me. My kids were in public schools only because as a non-custodial parent I had no say in the matter. What I did do was to teach my kids:

1. Respect authority.
2. Don’t be stupid.
3. If you’ve followed rules 1 & 2, stand your ground.

This year the rules got tested when another student assaulted my daughter. She laid him out. The principal invoked the zero tolerance rule and suspended both of them even though my daughter was merely defending herself.

So far, no problem. The schools policies suck, but rules are rules and she was ready to accept the consequences of her actions.

Then the principal upped the ante. This huge man has my daughter alone in his office and says that he is going to search her. She shoved him away and ran out of the school. The principal expelled her, again citing (IMO misinterpreting the statute) their insipid zero tolerance rules.

As “frosting on the cake” they then turned her in as a truant. The courts issued a bench warrant for her arrest and detainment when she failed to go to a hearing where she would be ordered back to school.

My daughter ran away rather than be forced to go back to that place and that man.

I have a restraining order against me forbidding contact with the principal or the school, which is for the best because one of us would leave in a body bag.

Needless to say, I have little sympathy for the public school system or the half-wits who made them the way they are. My child was in immediate danger and the system failed her. I no longer care if teachers are scared - except of me. They ought to be...


42 posted on 07/13/2008 10:27:26 AM PDT by rockrr (Global warming is to science what Islam is to religion)
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To: rockrr
I'm sorry you are having to go thru that. It's getting a little better but father's rights are still being trampled.If it were up to me..unless there was a valid reason not to..I would give joint custody to parents and any decision that could not be reached between the parents would be decided by a pre-choosen mediator of their choice (friend, grandparent etc)That said..if your daughter was being threatened by a boy with a knife or gun would you want the principal to go back in his office and close the door and wait for the cops to arrive? Kids have rights. Zero tolerance can get stupid though. Let's not jump to the other edge saying no one ever touches Jr, for anything.
43 posted on 07/13/2008 10:38:38 AM PDT by CindyDawg
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To: metmom; Tired of Taxes; wintertime; traviskicks
“an assistant principal at an Arizona middle school violated the constitutional rights of a 13-year-old by ordering her to be strip-searched. He thought the honor student had prescription-strength ibuprofen”

IBUPROFUN???!!!! Even though the Appeals Court ruled correctly, the fact that absurd stuff like this goes on in government schools is yet anther reason to homeschool.

44 posted on 07/13/2008 10:44:28 AM PDT by Clintonfatigued (If Islam conquers the world, the Earth will be at peace because the human race will be killed off.)
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To: adopt4Christ

I’d wager everybody has some point at which they’d want the kid strip searched. There’s no such thing as principle anymore.


45 posted on 07/13/2008 10:59:01 AM PDT by Wolfie
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To: PLMerite

You’re right. And birth control pills, taken in excessive amounts as an attempt to force an abortion, can thus endanger a girl’s health. And they increase other health risks - because girls taking them are far more likely to be engaging in activity that results in STDs.


46 posted on 07/13/2008 11:04:28 AM PDT by tbw2 (Freeper sci-fi - "Sirat: Through the Fires of Hell" - on amazon.com)
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To: knarf

Typographical error. ‘(’ is the SHIFT KEY alternate of ‘9’.

Although now that you mention it :)


47 posted on 07/13/2008 11:05:21 AM PDT by chesley ( Ya can't make chick'n dumplin's outta chick'n feathers!!)
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To: Clintonfatigued; Abathar; Abcdefg; Abram; Abundy; akatel; albertp; AlexandriaDuke; ...
He thought the honor student had prescription-strength ibuprofen..

Libertarian ping! To be added or removed freepmail me or post a message here.
48 posted on 07/13/2008 11:08:34 AM PDT by traviskicks (http://www.neoperspectives.com/Ron_Paul_2008.htm)
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To: Wolfie

Only the police should be brought in to even think about strip searching a minor, if they truly think they have a weapon or illegal drugs. Even THEN — the police would be foolish and insane to strip search a minor outside of the presence of a parent or guardian. No parent in their right mind would consent to have their child strip searched without the advice of an attorney, I don’t care WHAT the circumstances. Situations as described are way too volatile and can get out of hand too quickly, with mess legal ramifications.

Homeschooling does have its privileges.


49 posted on 07/13/2008 11:26:02 AM PDT by adopt4Christ (The main thing is to keep the main thing the main thing.)
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To: rockrr

That sucks, I’m sorry to hear that.

I checked my kids’ school before they went and breathed a sigh of relief. There is zero tolerance for starting fights, but a kid is allowed to use reasonable and necessary force to protect himself. So mine could lay out their attackers and receive no punishment, but hitting them after they’re down isn’t allowed.


50 posted on 07/13/2008 11:28:06 AM PDT by antiRepublicrat
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To: 21stCenturyFreeThinker
The 9th finally got something right!
51 posted on 07/13/2008 11:44:10 AM PDT by wintertime (Good ideas win! Why? Because people are NOT stupid)
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To: antiRepublicrat

During hunting season, my kids were allowed to take rifles or shotguns to their high school.


52 posted on 07/13/2008 11:51:13 AM PDT by Mr. Lucky
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To: 21stCenturyFreeThinker
...the U.S. 9th Circuit Court of Appeals said an assistant principal at an Arizona middle school violated the constitutional rights of a 13-year-old by ordering her to be strip-searched.

Interesting. Given the court's language, it's hard to see how the US Attorney can not file criminal charges against the assistant principal under 18 USC 242:

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both....

Still, I imagine they'll find a way.

53 posted on 07/13/2008 12:12:42 PM PDT by Grut
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To: CindyDawg
I don't understand why a public school has any more right to assault it's students than does the local Wal-Mart. If there is any suggestion of criminal activity, then call the police. If it is a mere matter of violation of school policy, how can this justify doing something to a student than none of us would permit if it we were the subject?
54 posted on 07/13/2008 12:22:11 PM PDT by theBuckwheat
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To: adopt4Christ
You want to strip search a child who might have a gun? Where would they put it? Up in her vagina? In another opening in her body? Underneath her breasts? You’ve got to be kidding me. There aren’t other ways to pat down someone for weapons without making them take off their clothes

My immediate thoughts as well; I agree with you.

55 posted on 07/13/2008 12:26:20 PM PDT by mcar
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To: chesley; knarf
I thought it was just your way of saying they were half-assed.

≤}B^)

56 posted on 07/13/2008 12:28:47 PM PDT by Erasmus (I invited Benoit Mandelbrot to the Shoreline Grill, but he never quite made it.)
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To: theBuckwheat
This is getting old. I did not say that kids should be strip searched. (I even went back and checked). If a kid is endangering others in Walmart though...I hope there are still enough brave people around that would try to disarm him while waiting for the police. My posts aren't about stripping, even though a lot of you seem to think that. I'm protesting the “never touch Jr for any reason” posts. Well sometimes Jr. may need hands on. By who, how and the circumstances need to be looked at on an individual basis. I don't support zero tolerance on much because common sense may need to direct otherwise.
57 posted on 07/13/2008 12:31:33 PM PDT by CindyDawg
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To: rockrr
Damn. Sadly that is believable. I hope you have a good lawyer in your area. If not, I'd contact one.

That's also another reason why I'm sending my children to private school.

58 posted on 07/13/2008 12:33:08 PM PDT by Darren McCarty (Just when I thought I was out, they pull me back in - Michael Corleone)
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To: Erasmus

I’d NEVER say THAT.

Gives them waaaay too much credit.

The 9th makes me glad that there is a Judge above them, and a Hell to toss them in.


59 posted on 07/13/2008 12:41:20 PM PDT by chesley ( Ya can't make chick'n dumplin's outta chick'n feathers!!)
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To: CindyDawg

Sorry, I was posting in general, not specifically to directed to your remarks. But this topic illustrates one of the basic problems of public (government) schools. A private school could deal with the situation by contract. Both Junior and his parents would know before hand what conduct would cause the school to exercise its right to cancel service to Junior. But government schools are conflicted by their obligation to provide service to every child, except in the most extreme case.

This is yet one more reason I favor vouchers so parents had the ability to choose and there would be many providers competing in a free marketplace.


60 posted on 07/13/2008 12:50:35 PM PDT by theBuckwheat
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