in loco parentis
(The following article is copied completely from the Yahoo! News website, via the Associated Press). My commentary follows the article, and I invite and welcome commentary from all, teachers and non-teachers alike.
PITTSBURGH - A high school senior who was transferred to an alternative school as punishment for parodying his principal on the Internet is suing the district, arguing it violated his freedom of speech.
Justin Layshock had used his grandmother's computer and the Web site MySpace.com to create a phony profile under the principal's name and photo.
The site asks questions, and Justin filled in answers peppered with vulgarities, fat jokes and, to the question "what did you do on your last birthday?" the response: "too drunk to remember," according to the lawsuit filed on Justin's behalf by the American Civil Liberties Union. School officials weren't amused. They questioned the teenager about the site on Dec. 21, and he apologized to the principal, the ACLU said.
Then, on Jan. 6, the district suspended Justin for 10 days and transferred him to an alternative program typically reserved for students with behavior or attendance problems, according to the lawsuit. He also was banned from school events, including tutoring and graduation ceremonies.
"The school's punishment affects his education," said Witold Walczak, Pennsylvania Legal Director of the ACLU. "In this critical last semester, Justin's opportunities to gain admission to college may be irreparably damaged."
According to the lawsuit, Pennsylvania State University notified Justin that his application had been put on "a registration hold" and asked for more information about the suspension. "It is unknown how or why the university had received this information, since it is supposed to be confidential under federal-student-privacy laws," the lawsuit says.
Officials with the Hermitage School District declined to comment.
The lawsuit, filed in U.S. District Court in Pittsburgh, seeks Justin's immediate reinstatement to his regular school. A hearing for a temporary order is set for Monday.
"Not to excuse it, but school officials need to understand that they're not parents," Walczak said. "School officials can't reach into parents' homes and tell them how to raise their kids."
Perhaps this ACLU lawyer should review the case history regarding the principle of in loco parentis, or the idea that the schools are entrusted with acting in the place of parents when the parents are not there. Broadly speaking, this means that we (in my capacity as a public school teacher) have a certain amount of latitute to discipline students for inappropriate behavior. From my reading of the situation, there is no question that the student did indeed make the libelous statements on the myspace.com website. Knowing the nature of high school students, it is a sure bet that this student's activities weren't in a vacuum - rest assured, it is most likely that the majority of the student body of his school had perused that particular website. A school principal has a monumental job to perform, and having a self-appointed "humorist" (and I use the term very loosely) undermining his or her efforts at maintaining decorum, discipline and achievement on a school campus would, in my humble opinion, reasonably distract other students from the learning process.Back to the whole in loco parentis thing. We, as educators, have a responsibility to all students in our care. Should a student's behavior in an off-campus setting so dramatically affect conditions on the school campus as to disrupt the learning environment of the other students, it is the responsibility of the educators to find a different learning environment for that student.As for the young man's prospects of a university education coming under question, perhaps it is in the best interest of the university to determine now, rather than after the student is admitted, that he is an irresponsible, amoral, and possibly dangerous individual who has no place on a college campus until he grows up some more. Such hijinks can and *should* have strong repercussions. It's so tiring to watch arrogant, obnoxious juveniles like this one thoroughly abuse the education system (and attempt to smear the reputations of hard-working professionals in the process), then go crying to the great defenders of everthing aberrant and morally bankrupt, the ACLU, when they get called to task for their misbehavior.
posted by scooter @ 11:13 AM
9 comments
9 Comments:
No one without a sense of humor should be a teacher (and don't try to claim one now, your cover's blown)
Interesting comment, Harry. Of course, should I have tried an angle of humor with this serious story, I would probably have been accused of being unprofessional. Thanks for reading the post, though, and for commenting. I honestly do appreciate it, and will make an attempt to remove myself from the quagmire of humorlessness that you have identified. Honestly, I completely agree with you - and as a middle school teacher, a sense of humor is an absolute necessity - however, it is not funny nor is it legal for a student to libel a school employee. From what I understand, the student in this story did not create a legally defensible "parody" as the ACLU insists, but posted the principal's actual name and photograph with statements that were not the principal's own. That is libel, plain and simple, and illegal. I'm all for freedom of speech, certainly, but as Supreme Court Justice Oliver Wendell Holmes stated, "your right to swing your arm ends where my nose begins."
i'm a myspacer. part of the fun is reading fake profiles. i went to pt loma naz university and the chaplain, mike brown has a fake, it's almost flattery. there is no high school student who would truly believe their principal has myspace. the kid may have been innappropriate, but it is completely out of line for the school to take any action in the situation.
and trust me, if you've used the interent at all...you can tell a "parody" from a real profile with a quick glance.
hope the kid wins the law suit.
Although what the student did was immature, I seriously doubt that this myspace page undermined the principle's authority anymore than was usual. Principles are rarely respected even if they deserve it. High School is torture at some point for everyone who attends it. Some people are able to deal with this pain appropriately, while others simply can't and they find other ways to express their frustration. In High School students are rarely treated like adults by those who are in postitions of authority. Why should we expect them to act like adults when they are not treated like them? Again I say what this student did was immature but how do we know that the principle deserved his respect? Having a position of authority does not always mean that you deserve respect. I know the principle at my high school never deserved respect. I also feel that this student should go to college, not be kept out of it. Going to college changes people, if anything it it probably his best bet for growing up. What this student did in high school shouldn't ruin his college career. We all make mistakes and we all do some very mean things to others. It doesn't make it right, that's just high school.
On a different note... how are you? I haven't heard from you forever. I hope you and your family are well.
Brianna
Hi Bri!
We're doing great! So good to hear from you. Y'know, as the comments have been coming in, I'm starting to change my opinion on this. I received a brilliant e-mail from someone I respect a great deal, and I'm waiting for his permission to post what he had to say in response. As for your principal, I can't agree more... the way he handled your the exuberance of your class at graduation (the beach ball incident) was completely unforgivable. Perhaps I've forgotten a bit what it's like to be on the other side of the lectern. Hopefully, we'll have more posts (and some of my teacher readers will chime in as well) and then I'll make a new statement.
Hey man, I started a comment but realized I needed a post of my own. Cruise on over to my humble blog. Peace.
I think that kids don't seem to aprreciate or respect teachers or those in authority these days. I know that no teacher/principal is perfect but I don't think that they deserve to have their name slung through the mud. I had a principal that didn't deserve respect but I would have been appalled at anyone doing that to him. I just think that to many parents take the stand that their child deserves everything without consequences these days. When do we teach our kids to respect PEOPLE just for the sake of being kind and caring. These parents are basically saying do what you want to people and if you get into trouble I will make sure you get all the support you need. Who is going to back up the principal? What about "turn the other cheek" gives people the right to do whatever they want to someone they don't think deserves respect? Or maybe "do unto others as you would have them do to you" Just think what would have happened to the principal if he would have taken the same stance "this child doesn't deserve respect why don't I slander his name to everyone around him? The principal would have had much greater consequences. I'm not a teacher or a principal,just a stay-at-home mom who wishes parents would take the responsibility to teach their kids people have feelings and no matter what you think of them you can't just do whatever you want, and there are truly consequences to every action good or bad.
Doesn't in loco parentis apply only when the student is actually at school or otherwise under the control of the school. If he's at home, the actual parents are theoretically in control, so what business does anyone have acting in loco parentis?
I mean, if he does something at home and the parents decline to punish him, what right does the school have to interfere?
(Resisting the urge to make a joke about loco parents...)
I am a mom, was a teacher for seven years at a high school. We had a student parody one of our vice principals, dressed up as him for halloween. It was tacky and mean. He was sent home to change.
However, tacky and mean are not illegal. Libel is. It's a law, kids. Throw the book at him, I say. Breaking laws have consequences. The principal, school board, and HIS PARENTS are not doing him any favors by trying to weasel him out of any consequences his actions have brought upon him. Your actions have consequences, even if your actions are "pranks". I also think that even if a principal does not "deserve" your respect, you still should show the office he holds respect. Just because you do not respect someone does not give you the "right" to publish lies about them. (There is even a new term for this: "cyberlibel")
A sense of humor is necessary for educators. So is a sense of justice.
And I'm fairly certain that "in loco parentis" does not just apply at school, during school hours. Scooter? What's the verdict on that one?
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