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Soldier suspended from school (Eagle Scout, Honors Student Had Pocket Knife Locked in Car)
WTEN - Albany, NY ^ | 10/8/2009 | MARK O'BRIEN

Posted on 10/09/2009 7:48:04 AM PDT by ReagansRaiders

Soldier suspended from school Posted: Oct 8, 2009 05:26 PM

A NEWS10 EXCLUSIVE By MARK O'BRIEN

LANSINGBURGH -- High school senior Matthew Whalen is the kind of student any parent would want.

He's an Eagle Scout, on the honor roll, taking Advanced Placement classes, and never been in trouble with the law. He's received commendations from the City of Troy and the Boy Scouts of America for saving a woman's life, and this past summer, he completed Army basic training. All of it was accomplished before the age of 17.

"I'm just trying to do what I can while I can," Matthew says.

His goal is to attend the U.S. Military Academy at West Point, a dream since he was in grade school.

"I have a first-grade yearbook that says I want to be driving tanks in the Army," Matthew says. "I mean, this is something that I know I've always wanted to do."

But the dream could be in jeopardy, thanks to a two-inch pocket knife that officials at Lansingburgh Senior High School found in Matthew's locked car last month. The pocket knife was a gift from his grandfather, Robert Whalen, who's the Hoosick Falls Police Chief. Matthew says he kept the knife in a side compartment and never tried showing it off or threatening anyone with it. Instead it was a part of the survival kit that was his car.

"My car is designed in a way that if I ever broke down, I'd be OK," Whalen explains. "I have a sleeping bag. I have bottled water. I have an MRE. I believe it's better to be prepared and not need it than need it and not have it."

Matthew says school officials approached him on Sept. 21, asking if he had a weapon on him. When Matthew answered he did not, he says the officials asked if he had a knife in his car. Matthew said it was a pocket knife, and took officials to his car when asked. He also turned over the pocket knife when asked.

The Lansingburgh Central School District has a zero-tolerance policy on weapons. According to the district's Codes of Conduct, students are not allowed to have "a weapon of any kind" on school grounds. Even though a pocket knife is not considered a weapon under New York State penal code, the district also prohibits students from possessing anything "that reasonably can be considered a weapon."

According to Matthew, the school suspended him for five days, during which time a Superintendent's hearing was held to determine the extent of his punishment. Matthew's family contends only the high school's principal and athletic director were present, not the Superintendent or the assistant principal who initially suspended Matthew. And despite a letter from Matthew's Scout Master explaining how a pocket knife is a common tool for scouts to have, the district suspended Matthew for another 15 days. The Whalens say they received no explanation as to why, and they claim there was no opportunity to ask.

"I want him to have fair treatment based on his character," says Matthew's father, Bryan Whalen. "It just totally baffles me that they would go after this when they have much bigger fish to fry."

The Whalens say during the Superintendent's hearing, officials admitted that Matthew cooperated fully, didn't have the pocket knife on him, had no intention of using it, and never threatened anyone with it. "They'd already made their decision," Whalen's father says.

In a statement to NEWS10, Superintendent George J. Goodwin says, "We do not comment on discipline related to an individual student. Our policies are clear that weapons are not permitted on school premises and subject to disciplinary consequences."

Legal expert Thomas Carr, of Tully Rinckey PLLC, says school districts are within their rights to impose and enforce safety policies, even if a pocket knife is not considered a weapon under New York State penal law. But he also says such school rules can quickly become so-called "gray areas" that leave the meaning of what's considered a weapon open ended.

"If this 17-year-old is driving his car to school," Carr says, "let's face it, the tire iron in the trunk to change the wheel is much more of a deadly weapon than a one-and-a-half inch blade knife."

Carr also says the Whalens might have grounds to pursue legal action against the district if Matthew felt he had no choice but to allow school officials to search his car.

At this point, the Whalens are not sure when or if they will sue the district. Instead, they want the district to reinstate Matthew immediately and remove this from his official student record.

"He needs to be doing the application for his admission to West Point right now," Bryan Whalen says. "They're delaying that, and that could be very costly for him."

Matthew says he wants to follow in the military footsteps of his father and grandfather. His grandfather, Robert Whalen, received two Purple Hearts for his service in the Vietnam War. Bryan Whalen served in Operation Iraqi Freedom and at Ground Zero, as his unit was on the scene by the evening of Sept. 11, 2001. He's also received the Soldier's Medal from the U.S. Army, and he pulled survivors from a burning helicopter that had crashed at the Stratton Air National Guard Base during an air show crash in 1991.

Matthew guesses a student must have told school officials, but he doesn't know who did it or why. His father thinks it might have been a prank to see Matthew get a little heat from administrators and that the intent was for it to never get this far.

"It's just plain wrong of what they've done," he says. "It isn't a weapon!"

But the family feels the district overreacted, if not for suspending Matthew in the first place, then for adding an additional 15 days to the original suspension.

"If they had told me, 'Take this out of your car,' I would have said alright, and it never would have been an issue," Matthew says. "I was upset with it, but I can understand that. They have the zero-tolerance rule."

The district provides a tutor for Matthew for 90 minutes every day; he's banned from stepping on school grounds for any reason whatsoever, including assignments and sporting events. Matthew says it's hard to cram more than six hours of work into his tutor time, and he says his work is not being graded until he returns to school. All he wants is to return to class.

"The rest of my life could be affected by this," he says.


TOPICS: Culture/Society; Front Page News; News/Current Events; US: New York; US: Virginia
KEYWORDS: agenda; banglist; crushliberalism; discipline; education; knife; lansingburgh; liberalfascism; liberals; lping; matthewwhalen; military; obama; pc; politicalcorrectness; publiceducation; publicschools; school; subzerotolerance; zerotolerance
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Matthew is my godson (hence why I included Virginia as a Topic here) and this is INSANE what they are doing to him!!!
1 posted on 10/09/2009 7:48:05 AM PDT by ReagansRaiders
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To: ReagansRaiders

Me and my friends used to carry a pocket knife with us to school every day. Helped out in Ag classes and in shop too. This is insanity. I hope your godson gets through this.


2 posted on 10/09/2009 7:52:28 AM PDT by RKV (He who has the guns makes the rules)
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To: ReagansRaiders
Correction:

School officials are insane

3 posted on 10/09/2009 7:53:17 AM PDT by TYVets (Let’s Roll!!! The leadership of the GOP has no spine and no guts, but we conservatives do)
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To: ReagansRaiders

Sad. I hope Matthew now understands the use of the word, “No.” when an authority asks to search his car.

Followed by, “Get a warrant. I’ll wait.”


4 posted on 10/09/2009 7:53:21 AM PDT by Cletus.D.Yokel (FreepMail me if you want on the Bourbon ping list!)
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To: ReagansRaiders

This is insane. What a joke.


5 posted on 10/09/2009 7:53:32 AM PDT by Frantzie (Do we want ACORN running America's health care?)
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To: ReagansRaiders

It’s kind of late now, but ditch the public school. Whatever it takes.


6 posted on 10/09/2009 7:53:32 AM PDT by Dr. Sivana (There is no salvation in politics.)
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To: ReagansRaiders

Insane. Yes, that was my first thought as well. The people who would do this to a young man are simply Stalinistic.


7 posted on 10/09/2009 7:53:47 AM PDT by sand lake bar (Government leftists beware: "I have five dollars for each of you")
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To: ReagansRaiders
I'm speechless. What is wrong with these people? ...seems they don't have an ounce of common sense. IMO they don't have enough to do so they justify themselves by making mountains out of mole hills.

In this case it could be simply that he was a boy scout.

8 posted on 10/09/2009 7:54:55 AM PDT by Banjoguy (Barack H. Obama and the Democrats are enemies of American way of Life.)
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To: ReagansRaiders

Perhaps the school district needs to hear how America feels about this.


9 posted on 10/09/2009 7:55:16 AM PDT by WVNan ( (Attack him where he is unprepared, appear where you are not expected.: Sun Tzu))
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To: ReagansRaiders

So many school officials should not be school officials.

May the fleas of a thousand camels infest them.


10 posted on 10/09/2009 7:55:46 AM PDT by wastedyears (If I don't have a right to play defense, then I'll go on offense. - FReeper Enterprise)
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To: ReagansRaiders
Unbelievable,

It's not like he had a railroad-tie in his car/p>

11 posted on 10/09/2009 7:56:23 AM PDT by Glacier Honey
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To: ReagansRaiders

Don’t be offended, but to me this is just another example of why the public schools must be abandoned by all thinking people.


12 posted on 10/09/2009 7:56:27 AM PDT by AnalogReigns
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To: ReagansRaiders
1) Buy 50 cheap knives
2) Wait for a hot day
3) Go to the parking lot and find cars with any windows cracked open to prevent heat buildup
4) Insert knife, letting it fall into plain sight inside the car
5) Notify police that a large number of students and administrators are in violation
6) Repeat as necessary
13 posted on 10/09/2009 7:56:50 AM PDT by ClearCase_guy (Play the Race Card -- lose the game.)
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To: ReagansRaiders

Inexcusable. Zero-tolerance started out as a “good idea”, and the unintended consequences have been atrocious. Tell him this will probably actually help him get into Hudson High - they like the “be prepared” types! And tell him there’s one reserve Colonel proud of his preparedness and his attitude.

Colonel, USAFR


14 posted on 10/09/2009 7:57:03 AM PDT by jagusafr (Kill the red lizard, Lord! - nod to C.S. Lewis)
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To: ReagansRaiders

This makes me VERY angry. I hope they sue the socks off that damn district.


15 posted on 10/09/2009 7:57:28 AM PDT by Leg Olam (Make yourselves sheep, and the wolves will eat you. - Benjamin Franklin)
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To: ReagansRaiders
You should have taught your Grandson to never, ever, EVER, under ANY circumstances give ANYONE permission to search his vehicle, his person, or anything else that belongs to him.

Ever.

Period.

L

16 posted on 10/09/2009 7:57:29 AM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: ReagansRaiders

He is everything that a liberal despises - honorable, accomplished and hard working.


17 posted on 10/09/2009 7:57:44 AM PDT by skeeter (Pterocarya fraxinifolia)
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To: ReagansRaiders

These people voted for Obama.

They’re the same kind of idiots that see a Swiss Army knife as a weapon yet will overlook the fact that kids in their school are doing heroin, getting high at lunch, popping pills and spreading VD like prostitutes welcoming the navy to port.

I know these kinds of school officials. I read about the chronic drug use in suburban schools here and they instead crack down on kids having out of date or missing parking permits.


18 posted on 10/09/2009 7:58:00 AM PDT by PittsburghAfterDark
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To: ReagansRaiders

School policy does not trump the Constitution and only a lawsuit will teach these propeller heads to back off.


19 posted on 10/09/2009 7:58:20 AM PDT by taxcontrol
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To: jagusafr
Zero-tolerance started out as a “good idea”,

Actually it didn't. "Zero tolerance" is a crutch for idiots.

20 posted on 10/09/2009 7:58:35 AM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: ReagansRaiders

Let’s look at this from the outrageous point of view of the stupid school administrators:

Kids have hands. Hands can be made into fists. Fists can injure and even kill. They should ban kids who have hands from school.

Its about the same mentality.


21 posted on 10/09/2009 7:59:01 AM PDT by fredhead (Liberals think globally, reason rectally, act idiotically.)
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To: ReagansRaiders

I grew up in the area (Loudonville) and this is complete nonsense. These people need to get a life. I am a cop. Would they stop me from carrying on school grounds? They would probably try.


22 posted on 10/09/2009 8:00:00 AM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: ReagansRaiders

Seems like these could all be at least as dangerous: scissors, pens, fingernail clippers, tweezers, keys, large paper clips.

Thanks for sharing this story. This is ridiculous! Will pray that sanity prevails somewhere in his path to help propel him to his noble goals.


23 posted on 10/09/2009 8:00:13 AM PDT by NEMDF
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To: ReagansRaiders

Maybe it’s just me, but I can’t help but think I’d *want* to be suspended from any school insane enough to suspend someone for a pocket knife left in a locked car


24 posted on 10/09/2009 8:01:20 AM PDT by Stosh
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To: PittsburghAfterDark

Oh but clearly this sort of oppression is all Bush’s fault. OK enough sarcasm.

Somehow the kids caught in that horrible Chicago killing video managed to slip through the cracks. Here you have a perfectly good student who makes a very minor mistake and he is severely punished. What lunacy.


25 posted on 10/09/2009 8:01:27 AM PDT by TNCMAXQ
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To: ReagansRaiders

Yes, it is insane. The pukes need to be run out of town. At a minimum. Seriously, they are worthless pieces of cr@p.

Sounds like it is time to lawyer up and make their lives H#ll. For starters. Get LOTS of press coverage, too. Make them national laughing stocks. Email Rush, Hannity, O’Reilly, et al. Ruin their lives as they are in their stupidity trying to ruin your godson’s.


26 posted on 10/09/2009 8:01:48 AM PDT by piytar (Zero pimping propaganda on all SRM channels at once: Big Brother in 2009! NRA Lifetime Member)
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To: ClearCase_guy
"3) Go to the parking lot and find teachers and school officials cars with any windows cracked open to prevent heat buildup "

There...fixed it.
27 posted on 10/09/2009 8:02:08 AM PDT by FrankR (To Congress: You cram it down our throats in '09, We'll shove it up your ass in '10!)
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To: Lurker

The point was initially that somebody was trying to do something to combat threatening behavior. It very quickly deteriorated into, “I don’t want to be responsible for deciding whether a pocket knife is the same as a samurai sword, so we’ll just ban everything no matter what the item is or the reason is for it being there.” Now it’s a combination of power and cowardice on the part of administrators that gets kids like Matthew in trouble.

And you’ll notice the little quotey marks around “good idea” in my post.

Colonel, USAFR


28 posted on 10/09/2009 8:02:08 AM PDT by jagusafr (Kill the red lizard, Lord! - nod to C.S. Lewis)
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To: ReagansRaiders

Wow. If they didn’t like the little 2” pocket knife in his survuval kit, then they would have had heart attacks over the SOG Fusion tomahawk, the SIG 229 and the Oly Arms CAR 15 I keep in my vehicle’s 72 hour survival kit.


29 posted on 10/09/2009 8:02:30 AM PDT by Noumenon (Work that AQT - turn ammunition into skill. No tyrant can maintain a 300 yard perimeter forever.)
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To: ReagansRaiders

Just curious...how did they even know he had the knife in his car? That fact is unclear to me...


30 posted on 10/09/2009 8:03:28 AM PDT by NMEwithin
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To: ReagansRaiders

I think it is time for someone to file a flurry of frivolous lawsuits against the school administrators who are involved in this. Make them defend it. Make someone pay to defend it. Burn up their time. Stress them out. STRIKE BACK!


31 posted on 10/09/2009 8:04:08 AM PDT by Liberty Ship ("Lord, make me fast and accurate.")
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To: Noumenon

And furthermore, the reporter should know that “alright” is not a word. It should be all right. Though standards have become so lax that is almost accepted now.

I hope the media attention to this case though will lead to a public outcry and an overturning of the kid’s suspension.


32 posted on 10/09/2009 8:04:18 AM PDT by TNCMAXQ
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To: ReagansRaiders

The car he drove is far more dangerous and could be used as a weapon more deadly than a gun if he chose to do it.

Intent HAS to be included in these cases, this is nothing more than a cop-out by school officials so that questions of race and favoritism can’t be used against their decisions.

I hope West Point overlooks this and recognizes it for what it really is if he has a shot to get in there.


33 posted on 10/09/2009 8:04:27 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: ReagansRaiders
My deepest sympathy to your family.

Private schooling or homeschooling would have prevented this.

Your family made the mistake of assuming the Marxist government bureaucrats, Marxist teachers' union, and government it's self were not malevolent entities, with the goal of tyrannical control over, well, everybody. Understand that, and the bureaucrats actions are logical and predictable.

You may be able to mitigate this by removing the boy from the evil system, and educating him privately.

34 posted on 10/09/2009 8:04:31 AM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: piytar

Liberals getting even with a kid they don’t like.


35 posted on 10/09/2009 8:04:37 AM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: ReagansRaiders

This is no accident. The friggin’ educrat time servers hate kids like this. Someone was looking for a pretext to screw him. I hope USMA@WP sloughs this off as sham that it is.


36 posted on 10/09/2009 8:04:38 AM PDT by Lonesome in Massachussets (The People have abdicated our duties; ... and anxiously hope for just two things: bread and circuses)
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To: WVNan

Set up a legal defense fund and sue the school officials.


37 posted on 10/09/2009 8:05:12 AM PDT by eCSMaster
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To: RKV

My kid, who isn’t that old, was allowed to carry a gun to high school during hunting season. It was a very peaceful school.


38 posted on 10/09/2009 8:05:40 AM PDT by Mr. Lucky
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To: ReagansRaiders

As a mother of a recently awarded Eagle Scout, I find this offensive and infuriating. Eagle Scouts aren’t perfect, but they have achieved more than the average teenage boy and represent everything that has made this country great. Of course we all know liberals hate that sort of thing. This is disgusting.


39 posted on 10/09/2009 8:06:25 AM PDT by cblue55
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To: piytar

Damn right, need to publicize this as much as possible. What a bunch of control freak idiots. I’m sure that all the other problems at this school have been solved if they have the time to zero in on a stupid pen knife. They would have expelled a peach pit if they searched my car in high school.


40 posted on 10/09/2009 8:06:46 AM PDT by Texas resident ( It's us against them. And we're on our own.)
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To: ClearCase_guy

I like it!!!!


41 posted on 10/09/2009 8:07:00 AM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: ReagansRaiders

The punishment certainly doesn’t fit the “crime”. I think the reason they came down so hard on this kid was his chosen profession rather than the the 2” penknife.

His family needs to sue. Considering the life-long impact the actions of these extreme left-wing educationalists on this kid, they need to get his record expunged.


42 posted on 10/09/2009 8:07:16 AM PDT by VeniVidiVici (Hey Obama. Where is Osama Bin Laden?)
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To: ReagansRaiders

Here is what I did when one of my sons was suspended for a TINY pocket-knife — actually a pocket grooming aid more than a knife.

I hired a lawyer who was a lawyer for a local school board and also on his own school board. I contacted the State representative who wrote my state’s legislation and talked to the legislative aide who drafted the legislation. I confirmed that “tools” are meant to be exempted even under zero-tolerance. I also contacted the local paper and a reported came out, but they did not cover the story.

In the end we got the suspension reduced, but not revoked. My son had the knife drop out of his backpack in class and a student saw it and snitched to a teacher who didn’t like my son. He had forgotten the knife was there. But they hammered him. The arrogance of the school officials was amazing to behold!

Your godson was targeted. Why? They do not demand to see cars like you describe except for a reason. In any case it is insanity!


43 posted on 10/09/2009 8:07:58 AM PDT by bvw
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To: ReagansRaiders

This is no doubt complete insanity, but it is time to lawyer up on this one.

“Even though a pocket knife is not considered a weapon under New York State penal code, the district also prohibits students from possessing anything “that reasonably can be considered a weapon.””

I’d go after them on the grounds that every car in the student parking lot has a lug nut wrench that is more of a “weapon” than the pocket knife in question. I’d start a suit naming the principal and chairman and board of education as individuals, as well as the school system. It’s time to go after these b*******.


44 posted on 10/09/2009 8:08:25 AM PDT by FreedomPoster (No Representation without Taxation!)
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To: Cletus.D.Yokel

Exactly

Remember the Statists have taken the reins of power and they have no problem using coercion if it suits their purposes. This includes co-opting law enforcement to achieve their aims. About a month ago there was a video posted on the subject of taking the 5th amendment when questioned by law enforcement when you are the focus of an investigation.

The best lesson that Matthew can learn is that authority figures in the government cannot be given unconditional trust. I teach my children to respect authority figures and to be polite, but also to be vigilant in defending their rights.


45 posted on 10/09/2009 8:08:28 AM PDT by grumpygresh
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To: TNCMAXQ

These cockroaches need to be exposed, and the buried up to their necks in the kind of publicity they can’t stand.


46 posted on 10/09/2009 8:08:28 AM PDT by Noumenon (Work that AQT - turn ammunition into skill. No tyrant can maintain a 300 yard perimeter forever.)
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To: Banjoguy
IMO they don't have enough to do so they justify themselves by making mountains out of mole hills.

Hey, teaching is only part of a school's job. Didn't you get the memo? /sarc

47 posted on 10/09/2009 8:08:50 AM PDT by RightField (A fine is a tax for doing wrong. A tax is a fine for doing well.)
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To: fredhead
They should ban kids who have hands from school.

No, the logical conclusion for these bureaucrats would be to cut off all the kids' hands.

48 posted on 10/09/2009 8:09:17 AM PDT by Navy Patriot (Sarah and the Conservatives will rock your world.)
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To: ReagansRaiders

Is there an email / contact person at this sorry school district? Someone needs to sue their a$$ off.


49 posted on 10/09/2009 8:09:51 AM PDT by cblue55
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To: Banjoguy

and/or he wanted to go to West Point.
It sound like they wanted to destroy this kid’s future.
As was noted in the main story-a tire iron in the truck could be considered a lethal weapon. Is the school district going to ban those as well.


50 posted on 10/09/2009 8:10:13 AM PDT by Maine Mariner
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