Ohio private school student suspended for going to prom
In one of the most pathetic violations of constitutional rights, along with smacking down basic education rights of every American student (in the name of God have you), a senior from Heritage Christian School in northwest Ohio was suspended after attending his girlfriend’s prom. Tyler Frost, a senior from the private, fundamentalist baptist school, went to prom with his girlfriend, a public school student.
So why was he suspended? He violated the school’s policies on dancing, rock music, hand-holding, and kissing. In fact, if it turns out he drank or had sex, he could be expelled. Woah. Guess they would’ve kicked me out before I even attended, although it would’ve been fun being caught screwing the Principal’s daughter on his desk, while school was in session ;-D
But this takes everyone into a precarious position. Just how much authority does a school have to enforce specific policies outside of it’s campus? Even further, how much can religion be contorted into making such decisions? While I have no law degree, I will look at a few things. If I’m wrong, let me know.
First off, what ever happened to the first amendment? I got to reading a landmark decision ( Tinker vs. Des Moines School District, 1969 ) regarding a school’s right to infringe upon the first amendment rights’ of its students. This case came about because the school system - afraid of controversy – suspended 5 students for wearing black armbands, which signified their objections against the hostilities in Vietnam. They were told they could not come back until they did not wear the armbands. It was during the holiday season, and they planned to wear them until New Year’s. They returned after New Years. Me, I’m proud of those students.
Even though this case is in regards to a public school system, it is still in effect regarding private schools, as has been shown in following cases.
Basically it comes down to this. School’s can implement their rules loco parentis (in place of a parent). Basically, they can implement them on campus or at places the school operates (i.e. school rules apply on a field trip). Although not allowing dancing and hand-holding on campus may seem to infringe upon the students rights, it is part of the prevailing religion, plus it has its place in disrupting the other students in a significant fashion. Regardless of how strange and backward-ass christian it is, we’ll leave it at that.
I’m going to highlight a couple of key points from that landmark decision that I see fit in with this situation.
As we have discussed, the record does not demonstrate any facts which might reasonably have led school authorities to forecast substantial disruption of or material interference with school activities, and no disturbances or disorders on the school premises in fact occurred. These petitioners merely went about their ordained rounds in school… They neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. They caused discussion outside of the classrooms, but no interference with work and no disorder. In the circumstances, our Constitution does not permit officials of the State to deny their form of expression.
and West Virginia vs. Barnett (quoted in the opinion)
“The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures–Boards of Education not excepted. These have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes.” 319 U.S., at 637.
Basically, they perverting this students Constitutional rights in the name of their religion.
What makes this tricky, however, is the form the student had to sign at the beginning of the year, consenting to the school’s policies. Given that this is a private school, his attendance is a privilege, not a right. However, I doubt that that consent will hold much water, given that it violates his first amendment rights’.
How I have been reading about how a students rights’ at private institutions are subject to contract law. However, it has also been shown that a student in a private institution is still protected under constitutional rights, irregardless. Lest we forget that these schools must still be accredited by the proper authorities (in this case, the Ohio State Board of Education), to ensure that all students receive a proper education.
Either way, that school is subjecting themselves to a potentially nasty lawsuit; don’t be surprised if the ACLU gets involved. Just remember that when it comes down to it, this is still a school, and as a school, they have responsibilities to the students, the parents, and the community. To deny a student his education and delay his graduation for actions far away from the institution, which caused no serious disruption to the school, is a gross indulgence in the name of contract law and of God. This school is opening its pockets to indoctrinate students with narrow and perverse interpretations of the bible, while holding them to arbitrary and natural rights’ infringing rules, that serve no purpose towards the greater good of their education, which is the PRIMARY reason why parents are paying for it in the first place. They are denying students of their constitutional rights, while hiding behind the veil of the constition. They serve almost no greater purpose for this country whatsoever, but to teach students to be submissive to a singular line of thought. Legal dictatorship, and parents are paying for it.
This is why I, personally, would never send my child to a school such as that. No principal would want to meet me after finding out my daughter was suspended a few weeks from graduation for such a reason. Plus I wouldn’t give me money to support such an institution either. It is this same dogged narrow-mindedness that fuels the flame of hate all around the world.
For more information on Heritage Christian School in Finlay, Ohio, please visit http://www.heritagefindlay.org/. While you are at it, why don’t you contact this school and let em know what you think. I have it on my to do list on Tuesday.
For one final thought, maybe they need to take a look around. Every other Heritage Christian School in Ohio that I came across, they quickly point out that they are NOT that school. No one wants to be associated with such rubble. Maybe they consider themselves a city upon a hill, but maybe need to realize that they just called out volunteers to be shot by firing squad, and they were the only ones who didn’t step back.
Read the full article on ABCNEWS.com. More on this to come.
