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4th-grader suspended for gun shell in pocket
worldnetdaily.com ^ | November 21, 2002

Posted on 11/21/2002 9:00:24 AM PST by Sweet_Sunflower29

When 9-year-old Jonathan Cross dressed up in his duck-hunting outfit for his school's Camouflage Day this week, he never dreamed his love for the sport would backfire on him.

Covered from head to toe in his gear, the fourth-grader was "a very happy camper," according to his mother, excited to show off his new hunting boots, hat, mesh face mask, shirt, bib, pants and boots.

But there was something in his pocket he had forgotten about – a shotgun shell left over from an outing with his father and brothers last weekend.

His discovery of the projectile while on campus has left the straight-A student stunned with a five-day suspension, his teachers in tears, and his parents perplexed over the latest case of "zero tolerance" in the government school system.

"They shouldn't have had Camouflage Day," said Kay Cross, Jonathan's mother. "It's militaristic; it has connotations of violence. He just happened to have a shell in his pocket."

The incident unfolded at the Fred A. Anderson Elementary School, located in the rural town of Bayboro on North Carolina's eastern side.

Fred A. Anderson Elementary School in Bayboro, N.C. sponsored 'Camouflage Day'

The school, like many others across America, takes part in "Spirit Week," featuring different themes each day designed to motivate children. One day is Professional Dress Day, where students dress themselves in the attire of working adults. Another one is Mismatch Day, where children can suit themselves in colors and items that clash. Tuesday was Camouflage Day.

Jonathan had been dropped off by his mother and was waiting with other early arrivers in the lunchroom before being dispatched to class. It was in the lunchroom that he felt something in his pocket. When he took it out to see what it was, he realized it was a shotgun shell, as did a teacher who caught a glimpse.

The boy was brought to the principal's office, and because of the school's zero-tolerance policy for weapons and explosive devices, officials say they had no choice but to suspend him for five days, even if there was no intent to use the device.

"A shotgun shell is considered an explosive," said Cathy Dunbar, the school's assistant principal. "We do have some discretion for the number of days [for suspension]. We kind of go with five. ... It's not like we really wanted to come down hard on him. We didn't."

Dunbar says the school has had Camouflage Day for years, and it's the event in which the greatest number of students actively participate, as that part of North Carolina is filled with hunting enthusiasts.

"It never crossed our minds," she told WorldNetDaily. "We didn't think kids would have something in their pockets. [Camouflage Day] is really a very innocent thing."

Mrs. Cross is not laying entire blame on school officials, whom she says are truly remorseful, telling her Camouflage Day would not take place in the future. She says she should have checked her son's pockets, but what's upsetting to her and many American parents is the rigidness of zero-tolerance policies designed to keep the classroom safe.

"Zero tolerance comes from a good place," says Cross, "but it's black and white; there is no gray. There's a common-sense point of view that gets overlooked with this black-and-white law. There's no blurring of the edges, no extenuating circumstances."

That point is echoed by the Rutherford Institute, a Virginia-based civil-liberties and human-rights organization that has dealt with many similar cases in the legal system.

President of the Rutherford Institute John Whitehead says zero-tolerance policies are 'spreading like a disease.'

"[Zero tolerance] teaches kids a bad lesson," says institute president John Whitehead. "Make the slightest mistake and the state authority is gonna come down on you like gangbusters. No hearing, no appeal. ... What's the rationale for expelling a student for having a Certs mint or gargling with Scope after lunch? These are actual cases."

The institute has handled high-profile incidents, like that of Virginia eighth-grader Ben Ratner who prevented a suicidal friend from slitting her wrists by taking away her knife, only to face automatic suspension for possessing a weapon in his locker.

The Loudoun County school district defended its action, stating the zero-tolerance policy was not really the issue, since it suspended Ratner for the rest of the semester, not the minimum one-year suspension as required by district policy.

A federal appeals court upheld the expulsion, stating the facts didn't demonstrate that "the school's policy in this case failed to comport with the United States Constitution." The Supreme Court subsequently refused to consider if Ratner's constitutional rights had been violated, thus affirming the discipline by local officials.

As WorldNetDaily previously reported, students have also been suspended for playing "cops and robbers" during recess, drawing a picture of a Confederate flag, using nail clippers and stating the intent to launch spitballs.

The list of events gaining national attention in recent years also includes:

A National Merit Scholar prevented from attending her own high-school graduation last year in Fort Myers, Fla., because a table knife with a rounded tip was found on the floorboard of her car in the parking lot;

An 11-year-old fifth-grader permanently banned from an elementary school in Oldsmar, Fla., for drawing pictures of a gun;

A 12-year-old honor student in Mount Airy, Md., barred from extracurricular activities when she violated drug policy by sharing her inhaler with a fellow student having an asthma attack on the school bus;

A 9-year-old handing out Certs mints in Manassas, Va., and two students taking them suspended for ten days for drug-policy violations;

And in Deer Lakes, Pa., a 5-year-old boy suspended for dressing as a firefighter for his school's Halloween party. Part of his costume was a plastic ax. Harsh zero-tolerance policies have been adopted by educators across the U.S. in the wake of the Gun Free Schools Act of 1994, in which Congress mandated automatic expulsions for students carrying firearms on campus. Local districts have since approved additional penalties for alcohol, drugs, threatening behavior and possession of items which can be construed as weapons.

In June 2000, the Civil Rights Project at Harvard University released a report on the issue, stating a great deal of evidence supports the conclusion "that children are being unfairly suspended and arbitrarily kicked out of school for incidents that could have been very easily handled using alternative methods."

"As a result, everyday zero-tolerance policies force children to be suspended or expelled for sharing Midol, asthma medication (during an emergency), cough drops, and for bringing toy guns, nail clippers and scissors to school. Even the common schoolyard scuffle has become a target, regardless of severity and circumstances," the report said.

Despite the publicity surrounding recent cases, Whitehead says the situation for students is not getting any better.

"[The districts] are not listening," he says. "It's the lockdown of America. The schools are locking down, the courts are locking down. It doesn't bode well for freedom."

Back in Oriental, N.C., Jonathan Cross has an unexpected 11-day break, as his suspension will merge into next week's Thanksgiving holiday.

His mother personally met with school officials and has no intention of pursuing any kind of legal action, as administrators were simply enforcing Pamlico County policy and have now relegated Camouflage Day to a thing of the past.

"I don't have a bent against the school," she said. "I'm still pissed, but I'm satisfied."


TOPICS: Culture/Society; Miscellaneous; News/Current Events
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To: RonF
Yeah...maybe they should have just taken it from him...LIKE THEY USED TO DO. In reading the balance of the article it is apparent that idiots are teaching our kids. How sad. How sad.
41 posted on 11/21/2002 10:18:28 AM PST by Adder
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To: RonF
If this kid walked into the school with a live shotgun shell in his pocket, then some kind of severe punishment is warranted.

Nonsense. It was unintentional and there was no bad intent. Some common sense should have been applied (something nonexistent in education in America today). The principal should have taken it and kept it in the office until a parent could have come by to claim it. No muss, no fuss.

42 posted on 11/21/2002 10:19:04 AM PST by RogueIsland
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To: Sweet_Sunflower29

Every educrat is a sadistic thug.

43 posted on 11/21/2002 10:22:20 AM PST by moyden
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To: Adder
Part of me can't wait for all these kids to grow up and exercise their own zero-tolerance policies on government stupidity.
44 posted on 11/21/2002 10:22:34 AM PST by GovernmentShrinker
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To: RonF
A shotgun shell is no more dangerous than a can of shaving cream, or WD-40.
45 posted on 11/21/2002 10:24:44 AM PST by Flint
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To: RonF
so I guess you would not like the fact that I carried shotguns to school when I was a kid? (I am 31 yrs. old now) We all did when we were going to a friends house after school. I carried a full hunting knife to school from grades 4 through 8.
46 posted on 11/21/2002 10:40:48 AM PST by smoking camels
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To: smoking camels; Flint; RogueIsland; Adder; GovernmentShrinker; Hank Kerchief
I'm quite familiar with shotgun shells. And as a Scouter for the last 10 years, I'm also quite familiar with 4th grade boys. I don't know what you guys know about 4th grade boys. But, if you don't think that some bully in this school wasn't fully capable of taking this shell from this kid and then smacking a nail with a rock up against the primer to see what would happen, you don't know much.

I think zero-tolerance policies in schools are ridiculous. But when someone brings live ammo to school, you don't need zero-tolerance to figure that a penalty needs to be applied. Whether the one in this case was appropriate is another matter. I'd fine the parents $50 or $100, personally. It was their stupidity.

I'm no anti-gun activist, either. My son has earned his Rifle Shooting and Shotgun Shooting Merit Badges, and I was very proud when he did. But live ammo doesn't belong in school.

Yes, I brought knives to school when I was a kid. It was O.K. then. But then you didn't have schools with kids in them that get their ideas of how to run interpersonal relationships by watching hip-hop and rap videos, and thinking that fear=respect, and that the way to deal with insults (either real or perceived) is to attack someone with a weapon. In the Boy Scouts, all the kids have knives. I never saw anyone have to have a knife taken away from him because he threatened someone when I was a kid, but I've seen it now. Which is not to say that knives should be taken from Boy Scouts, nor that I think that butter knives in school should result in an expulsion. But the world has changed.
47 posted on 11/21/2002 2:15:13 PM PST by RonF
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To: Sweet_Sunflower29
straight-A student

Is every kid who gets into trouble at school a straight-A student?

48 posted on 11/21/2002 2:21:37 PM PST by TankerKC
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To: RonF
I'm quite familiar with shotgun shells. And as a Scouter for the last 10 years, I'm also quite familiar with 4th grade boys. I don't know what you guys know about 4th grade boys. But, if you don't think that some bully in this school wasn't fully capable of taking this shell from this kid and then smacking a nail with a rock up against the primer to see what would happen, you don't know much.

In the past, say, 50 years how many children have died from a shotgun shell absent a firearm? Zero? You believe they are dangerous because?

You can kill someone with a pencil by stabbing them. I would worry more about kids with pencils then kids with shotgun shells. I bet the statistics would confirm this if anyone cared enough to look it up.

49 posted on 11/21/2002 2:51:42 PM PST by On the Road to Serfdom
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To: fatboy
I worry about him taking a spent shell to school...

My two younger children love to collect the spent shell casings that picked up of the ground after a weekend out shooting. I knew they ended up in their pockets because I found them in the washer, and I knew they ended up in their backpacks because the following Monday they'd take them out of the backpack after school, give them to us or put them in a jar.

We now remind them to empty the pockets after such a weekend...

:)
50 posted on 11/21/2002 3:49:16 PM PST by Sweet_Sunflower29
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To: Flint
...shaving cream, or WD-40

I believe that those items, if they don't already, would probably carry a manditory 5 day suspension as well...
51 posted on 11/21/2002 3:53:07 PM PST by Sweet_Sunflower29
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To: On the Road to Serfdom
In the past, say, 50 years how many children have died from a shotgun shell absent a firearm? Zero?

I don't know. How do you know?

You believe they are dangerous because?

They contain gunpowder and a primer cap. Seems pretty obvious to me. Of course they can be handled safely, and even casually. But in the hands of someone immature and intent on mischief they can be dangerous. And if you can't see the difference between a pencil and live ammo, I'm afraid I can't help you.

52 posted on 11/21/2002 4:39:47 PM PST by RonF
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To: RonF
First of all, I am fully aware of todays government school conditions and understand your concern. But your answer is exactly what I said it would be, a "what if." What if someone took the shell away from the boy and did something bad with it.

Nevertheless, you provided a long answer, and I believe it deserves a reasoned response.

You said, Yes, I brought knives to school when I was a kid. It was O.K. then.

I frequently had various kinds of ammo in my pockets when I went to school, and on several occastions even brought a rifle to school. No one even raised an eyebrow. The reason that could not be thought of today is because as you said, But then you didn't have schools with kids in them that get their ideas of how to run interpersonal relationships by watching hip-hop and rap videos, and thinking that fear=respect, and that the way to deal with insults (either real or perceived) is to attack someone with a weapon and ...the world has changed.

That is the point I am making. Moral values do not change. People may change, policies may change, but moral values do not. It cannot be morally wrong to have bullets in your pocket.

But, as you pointed out, today we have kids who have no compuction about using weapons or anything else to harm others. Now that is immoral, and that should not be tolerated. I believe the should be zero tolerance, but we have directed the zero tolerance toward the wrong people. If we had exercised zero tolerance to all of uncontrollable kids, if no amount to classroom disruption, foul language, threatening, and worse that goes on today were tolerated, if they threw all these young thugs out of the schools, we would not have to worry about what decent kids brought to school.

We have made a big mistake in this country. Bad people are allowed to be bad, and because they are obviously dangerous, the solution is to eliminate the freedoms of the decent. This is backwards, and immoral.

If you really think someone should be fined, it should be all the parents of the young thugs who have made it impossible for decent kids to be treated with respect.

Hank

53 posted on 11/21/2002 5:27:57 PM PST by Hank Kerchief
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To: Intimidator
Everyone knew the rules and he broke the rule. It doesn't matter whether it was by accident or on purpose.

This nation was founded on "breaking the rules", (except for the really important ones, of course).

You do realize that ALL of us break the rules on a daily basis, simply because there are so many rules, and millions of us Americans relish breaking silly rules as often as possible?

54 posted on 11/21/2002 8:51:05 PM PST by Mulder
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To: Sweet_Sunflower29
Anyone who believes that public schools have anything to do with education is a fool.

For the most part, they are nothing more than indoctrination centers involved in the overthrow of the Bill of Rights and the Constitution.

As such, the schools participating in this sedition should be immediately defunded, and their leaders should be put before a trial consisting of a jury of their peers.

Let the treasonous bastards get a real taste of "zero tolerance".

55 posted on 11/21/2002 8:55:11 PM PST by Mulder
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To: RonF
live shotgun shell in his pocket

Just curious, do you think he was going to throw the shell at somebody and hurt them?

56 posted on 11/21/2002 9:01:52 PM PST by stainlessbanner
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To: GovernmentShrinker
Sadly, I am afraid they will grow up to believe that any authority can demand that they 1] submit to any search at any time and 2]it is right and natural for government to tell them what do do and say. 3] there will be no disputing the "policies of the pee-pul".
A look at the so-called diversity on college campuses is a good place to look to see whats coming.
57 posted on 11/22/2002 6:55:53 AM PST by Adder
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To: Hank Kerchief
You make a number of good points. In fact, if punk kids were tossed out of school a lot quicker, instead of asking the schools to be mental health facilities, they'd be better schools. I'm firmly convinced that many kids who supposedly have various problems have one problem; indulgent and self-centered parents. But then you're asking people to solve their own problems instead of demanding that the State do it for them so that they can continue to conduct their lives unhindered, in the fashion they are accustomed to. However, consider this proposition: the schools are they way they are. There are bullies and punks in the schools. Knowing this, and knowing that it's not going to magically change when you walk in the door today, it's wrong today to walk in the door with live ammo. Should the school environment change, then that too could change. Reminds me of when I was a kid, and I listened in the late '60's to Bill Cosby albums. Back then, Bill wasn't a black Mr. Rogers. One of the jokes he told was describing what happened when his buddies in school used to go to shop class and throw a bullet into the shop furnace when no one was looking. No one meant any harm - apparently the bullet stayed in the furnace - and he'd go on to describe the reactions, verbal and otherwise, when the bullet shell exploded. But it goes to show that even back when we were kids, kids were doing stupid things with live ammo in schools.
58 posted on 11/22/2002 7:35:03 AM PST by RonF
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