300 lb male HS student shoves 64 yo teacher to ground

[philip964]

The actions of the student are so foreign to me, they are in comprehensible.

I am then faced with the realization of the future of the student in society. Does he have a future in society?

Or will now his future be in some sort of isolated care for the rest of his life.

Unfortunately that will be at our cost and expense.

With his size, this video gone viral, is he ever employable now?

The only good thing about this event, is the teacher was not seriously hurt.

The same cannot be said for the student or my view of the future of society.

[Keith B]

Ah yes the old socialization nut. Completely debunked and cracked but always brought up again and again. Are there shy homeschoolers...yes. Are there shy publicschoolers....yes.

Is public school and the nonsense that goes on there where we want our children to be socialized. Is there anything in life after highschool that bears even a remote resemblance to being locked in with 300-1200 of your peers your own age for 8 hours a day with no way to escape and no way to leave an abusive situation. Only prison.

I personally know somewhere between 25 and 35 homeschooling families. I have met hundred more. They are all very involved in extra curricular activities. So the myth of the homeschooled child never ever leaving home is just that, a myth.

On your daughter being "fine". I am sure my father would say the same thing about me. I was not fine though. I am naturally an extrovert, naturally outgoing, naturally friendly. The abuse that happened from grades 4-8 to me and was permitted by the teachers who turned a blind eye did appalling damage to my personality that took years of healing. It was unnecessary and unhelpful. I turned out ok because of my faith, and my parents love not because of the public schools but in spite of them.

Now I see the issue is that you had problems and so now the whole system is the porblem. As Charles stated, let's get back on topic as this is gonna go nowhere.

Sounds to me that the individual student in this case lost his temper and made a grievous error in pushing the teacher. When he realized what he had done, he went to the office. What all of the students should have done was not be stupid and gone to the aid of the teacher. Had the young man done that as well it might have played in his favor to help with his case.

[Abraham]

I'm puzzled as to why the teacher kept repeatedly coming at the student?

Why didn't she immediately leave the classroom the first time she was shoved and speak with the principal?

Or, leave the classroom and simply call the police?

Any teenage student who lays a hand on a teacher in any threatening manner should be treated like the threat they are...

[Right2Carry]

My sons school rule book plainly states that cell phones can and will be confiscated for misuse at anytime. Parents will be notified and will be required to retrieve it. I can almost rest assurd that this is covered by district rules and a condition of attending school.

[mamabearCali]

School policy probably allows them to do whatever they want in practice but is there a law that gives them that authority? Can a teacher or administrator remove a student's clothing that violates school policy, or is it only certain personal property they can remove without consent?

This isn't my area of expertise, so I'm not sure of the answer. I do recall from law school 100 years ago that schools and teachers have very broad authority to control their classes and that many constitutional protections do not apply in the classroom.

Your example of removing clothing is absurd.

Chas.

Mr. Cotton respectfully your idea that the removal of clothing would be absurd to be demanded is incorrect. It happened. It happened in the court case Safford Unified School District #1 v. Redding. It was found that they had violated her rights. However, the fact that it did happen shows that the question is not absurd.

On this case a teacher usually can ask for a removal of an item such as a cell phone. What the student did in response was unwise and foolish.

My experience with the school system is not just my own education. I also taught as a long term sub in the public schools, and taught at a private school for 4 years. So I have worked under both private and public school systems. I could confiscate items, I usually held them for the parents to collect at the end of the day. Things were more discretionary at the private school (when does a kids magazine or necklace become a classroom nuisance), the public school had hard fast rules that permitted little discretion.

[WildBill]

I'm puzzled as to why the teacher kept repeatedly coming at the student?

Why didn't she immediately leave the classroom the first time she was shoved and speak with the principal?

Or, leave the classroom and simply call the police?

Any teenage student who lays a hand on a teacher in any threatening manner should be treated like the threat they are...

Maybe she didn't want to give in to a 300 lb bully.

[Running Arrow Bill]

IMO, the Neanderthal kid should be charged with "assault with a deadly weapon" due to the disparity of force between his size and a smaller senior citizen. Then, convicted as an adult & sentenced. If he gets out of jail, permanently ban him from a school. If all this doesn't work, mandatory castration to ensure he is never able to breed and reproduce, and put him on a Federal watch list...

[Charles L. Cotton]

School policy probably allows them to do whatever they want in practice but is there a law that gives them that authority? Can a teacher or administrator remove a student's clothing that violates school policy, or is it only certain personal property they can remove without consent?

This isn't my area of expertise, so I'm not sure of the answer. I do recall from law school 100 years ago that schools and teachers have very broad authority to control their classes and that many constitutional protections do not apply in the classroom.

Your example of removing clothing is absurd.

Chas.

Mr. Cotton respectfully your idea that the removal of clothing would be absurd to be demanded is incorrect. It happened. It happened in the court case Safford Unified School District #1 v. Redding. It was found that they had violated her rights. However, the fact that it did happen shows that the question is not absurd.

This was an Arizona case, not a Texas case.

It was also a strip search for contraband, not removal of a student's clothing because it violated the school dress code as in baron's absurd question. In Texas, I suspect removing a student's clothing because of a dress code violation would see a teacher in handcuffs and prosecuted for assault and possibly other charges.

The 9th Court of Appeals held that the student's Fourth Amendment rights were violated by the strip search.

Chas.

Savanah Redding, an eighth grader at Safford Middle School, was strip-searched by school officials on the basis of a tip by another student that Ms. Redding might have ibuprofen on her person in violation of school policy. Ms. Redding subsequently filed suit against the school district and the school officials responsible for the search in the District Court for the District of Arizona. She alleged her Fourth Amendment right to be free of unreasonable search and seizure was violated. The district court granted the defendants' motion for summary judgment and dismissed the case. On the initial appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. However, on rehearing before the entire court, the court of appeals held that Ms. Redding's Fourth Amendment right to be free of unreasonable search and seizure was violated. It reasoned that the strip search was not justified nor was the scope of intrusion reasonably related to the circumstances.

[ddurkof]

It appears that the Education Code Title 2. Public Education, Subtitle G. "Safe Schools" Chapter 37. Discipline: Law and Order covers most of what the "student" did. Schools have a broad right to maintain discipline on their campuses.

Sadly it is necessary to maintain order these days. Back in the dark ages, when I was in school, coaches with the "Board of Education" would have had this kid bent over with loud "pops" coming from the hallway years ago. I have personal experience with this method. By the time I got to high school I had an acute allergic reaction to the placement of oak upon by posterior.

Amazingly, I stayed out of trouble once I developed by allergy.

Corporal punishment is rare in today's school, whereas police officers are not..... makes you wonder, or at least it makes me wonder.

Parents have changed too. I never complained to my parents about my punishment, as I would have had it worse when I arrived home.

[mamabearCali]

You know I might agree with you that a swat of the paddle would be beneficial to the young man in question. However, there are simply too many perverts out there for it to be a safe policy anymore. With all the cases coming out of teachers sexually assaulting teens I don't think that it would be wise to permit that.

I am not against corporal punishment, but the misuse or even abuse of it is much more likely by a non parent. These are not the good old days when everyone feared a Holy God and would never consider damaging another persons child and most people could be trusted to know the difference between discipline and abuse.

Unfortunately that time is over and gone. It was gone when I was a child, we just were not all aware of it's demise yet.

Now perhaps if a parent had given him a loving swat or two when he was 4 and threw a tantrum things would have turned out better for all.

[mamabearCali]

This was an Arizona case, not a Texas case.

It was also a strip search for contraband, not removal of a student's clothing because it violated the school dress code as in baron's absurd question. In Texas, I suspect removing a student's clothing because of a dress code violation would see a teacher in handcuffs and prosecuted for assault and possibly other charges.

The 9th Court of Appeals held that the student's Fourth Amendment rights were violated by the strip search.

Chas.

Savanah Redding, an eighth grader at Safford Middle School, was strip-searched by school officials on the basis of a tip by another student that Ms. Redding might have ibuprofen on her person in violation of school policy. Ms. Redding subsequently filed suit against the school district and the school officials responsible for the search in the District Court for the District of Arizona. She alleged her Fourth Amendment right to be free of unreasonable search and seizure was violated. The district court granted the defendants' motion for summary judgment and dismissed the case. On the initial appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. However, on rehearing before the entire court, the court of appeals held that Ms. Redding's Fourth Amendment right to be free of unreasonable search and seizure was violated. It reasoned that the strip search was not justified nor was the scope of intrusion reasonably related to the circumstances.

It still shows that strip searches and removal of clothing has happened by school officials. It is still a valid question as to what degree of intrusion is permitted by the law into a child's personal effects. Locker searches and confiscation of misuse of phones = ok. Strip searches are not ok, even when in search of contraband.

There is lots of gray area there. How about shirts that offend people? How about shirts that have controversial slogans? How about shirts or jewelry of a religious nature. How about a folder with a guns save lives sticker on it? How about distracting make up or hairstyles? Can a teacher make a student go and wash off the lime green eyeshadow? When I was in school we had goths that wore all black clothing, black eyeshadow, black fingernail polish, and generally looked like vampires. Can a student in photography class take a picture of his .22 and develop it in the lab. I suspect different schools have different answers to those questions.

So I think the question of removal of clothing or the requirement to turn a shirt inside out on request of a teacher is a valid one. Can a teacher request that and enforce their word as law.

[mojo84]

School teachers and admins do not remove student's clothing for violations of the dress code. They are told to turn the clothes inside out if there is something offensive or change the clothes all together. If they do not have other clothing available, a parent is called to bring other clothing or the kid is sent home to change.

There is a difference between confiscating a phone and removing someone's clothing. This conversation has become absurd and remains off topic by discussing the removal of clothing when there was no clothing removed in the incident that is the subject of this topic and teachers do not remove student's clothing.

[Charles L. Cotton]

This was an Arizona case, not a Texas case.

It was also a strip search for contraband, not removal of a student's clothing because it violated the school dress code as in baron's absurd question. In Texas, I suspect removing a student's clothing because of a dress code violation would see a teacher in handcuffs and prosecuted for assault and possibly other charges.

The 9th Court of Appeals held that the student's Fourth Amendment rights were violated by the strip search.

Chas.

Savanah Redding, an eighth grader at Safford Middle School, was strip-searched by school officials on the basis of a tip by another student that Ms. Redding might have ibuprofen on her person in violation of school policy. Ms. Redding subsequently filed suit against the school district and the school officials responsible for the search in the District Court for the District of Arizona. She alleged her Fourth Amendment right to be free of unreasonable search and seizure was violated. The district court granted the defendants' motion for summary judgment and dismissed the case. On the initial appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed. However, on rehearing before the entire court, the court of appeals held that Ms. Redding's Fourth Amendment right to be free of unreasonable search and seizure was violated. It reasoned that the strip search was not justified nor was the scope of intrusion reasonably related to the circumstances.

It still shows that strip searches and removal of clothing has happened by school officials. It is still a valid question as to what degree of intrusion is permitted by the law into a child's personal effects. Locker searches and confiscation of misuse of phones = ok. Strip searches are not ok, even when in search of contraband.

There is lots of gray area there. How about shirts that offend people? How about shirts that have controversial slogans? How about shirts or jewelry of a religious nature. How about a folder with a guns save lives sticker on it? How about distracting make up or hairstyles? Can a teacher make a student go and wash off the lime green eyeshadow? When I was in school we had goths that wore all black clothing, black eyeshadow, black fingernail polish, and generally looked like vampires. Can a student in photography class take a picture of his .22 and develop it in the lab. I suspect different schools have different answers to those questions.

So I think the question of removal of clothing or the requirement to turn a shirt inside out on request of a teacher is a valid one. Can a teacher request that and enforce their word as law.

No, it's not a valid question, at least not in Texas. Show me a Texas case where a Texas teacher physically removed clothes from a student because of a dress code violation. You won't find it. Baron was trolling when he asked if a teacher could remove a students clothing for a dress code violation. He didn't say a strip search for contraband, he said a dress code violation.

Get back on topic. The topic is a felonious assault on a teacher.

Chas.

[o b juan]

in the original post about the student.

look a PC 9.62 Educator Student... It is there unless they scrapped it the 2013 Leg.. Force may be used ... but,but but the district and the teacher would be sued ... what is wrong with the Justice system in Texas...;

[Dragonfighter]

DELETED: Posted before I saw the warning about home school references.