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To: ilovesarah2012
I think the important question to ask here, more important than the actual facts of the child's alleged illness or the mother's plight in restraints is what kind of procedural due process was in place here?

In other words, are parents arrested and shackled on the simple report of a school administrator? Do the police exercise no independent investigation? Why is it necessary to commence proceedings with an arrest? Why not a summons to a hearing? What purpose does commencing with an arrest instead of a summons to a hearing serve other than intimidation? Does the local prosecutor play no role at this point? Why not?

What recourse does the parent have if the school administrator acts maliciously, foolishly, or negligently? Suppose a parent is arrested on a Friday must they spend the weekend in jail on the word of the school administrator before she get a hearing?

We are careening toward a bureaucratic tyranny in this country and procedural due process becomes vitally import to protect our liberties from often insulated bureaucrats.


9 posted on 05/22/2015 5:42:25 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford
after not being able to work out a solution with school officials.

It seems that school administrators now have arresting authority over commoners
much like district attorneys. Or this is just a bad kid and a bad parent. /Shrug

16 posted on 05/22/2015 5:55:39 AM PDT by MaxMax (Call the local GOP and ask how you can support CRUZ for POTUS, Make them talk!)
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To: nathanbedford
I agree with every word you wrote, but there is something even more fundamental underlying this incident.

The important questions to ask here are, “Why do we have compulsory education laws? What about the First Amendment right to free assembly?”

This kid is likely a disruptor in the class. He doesn't want to be there.

The government is violating his ( and his mother's ) First Amendment Right to free assembly by forcing him into a prison-like environment. The government is also trashing the First Amendment Rights of the other children who are forced into assembly with a kid who doesn't want to be there as is likely making their lives miserable.

17 posted on 05/22/2015 5:55:56 AM PDT by wintertime (Stop treating government teachers like they are reincarnated Mother Teresas!)
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To: nathanbedford
When the Constitution and Bill of Rights are trashed we have outrageous incidents like this.

Even if the government's response were more moderate with polite requests, followed by a summons, and properly supervised action by the district attorney, ...the very expensive, time consuming, and gut wrenching experience of the legal system is a punishment by itself, even if there is no conviction.

19 posted on 05/22/2015 5:56:37 AM PDT by wintertime (Stop treating government teachers like they are reincarnated Mother Teresas!)
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To: nathanbedford

If state law was written in a fashion to hold the parents responsible...it’s this gal’s tough luck.

I think the better tactic to use....simply fail the kid after the 10th unexcused absence, and let him repeat a year. That might get the kid’s attention real quick if he knew how simple it was to fail him.


59 posted on 05/22/2015 7:00:10 AM PDT by pepsionice
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