How Dare You Be Quiet in Class?

[The Straight Story]

How Dare You Be Quiet in Class?

(CN) - A Florida student sued her high school, claiming it tried to bully her into abstaining from an anti-bullying Day of Silence, and suspended her for keeping her mouth shut.

Amber Hatcher sued the DeSoto County School Board, its Superintendent Adrian Cline, DeSoto County High School Principal Shannon Fusco and its Dean of Students Ermatine Jones, in Fort Myers Federal Court.

Hatcher was a 15-year-old freshman during the fiasco last April.

Hatcher claims she asked Principal Fusco for permission to participate in a "National Day of Silence" to protest bullying.

The Day of Silence is the nation's largest student-led action, "a peer-to-peer education campaign designed to bring attention to the harassment and bullying experienced by many lesbian, gay, bisexual and transgender (LGBT) students and the destructive, silencing effects of anti-gay discrimination on LGBT students in schools," Hatcher says in the complaint.

http://www.courthousenews.com/2013/03/05/55430.htm

[liberal_at_heart]

1. In my children's school district they are allowed to participate but

if a teacher addressed you directly you had to answer. Otherwise you were allowed to stay silent. Our school district has done this for several years and hasn't had any problems with it. I'm glad this teen is suing. She should never had been suspended.

[Trillo]

6. I read this yesterday, and have been wondering how the 5th amendment applies.

We all know at some point in K-12, the constitution is taught. The 5th Amendment supposedly guarantees our right to remain silent. However, in school, kids are required to answer, which is the opposite of remaining silent. It's curious that the example created of "students must answer" is the opposite of some lessons taught "may remain silent".

Seems like a mixed message, a form of chaos.

[AngryAmish]

7. 5th Amendment is the right not to incriminate yourself

Not the right to refuse to discuss the Marian Reforms. Teachers ain't cops.

[Trillo]

9. "teachers" vs "schools". School-to-prison pipeline.

Answering a question on a test (a form of interrogation) does seem to be a form of incrimination, since the answer may be wrong, and if so, punishment follows. When sufficient numbers of those accumulate over time, prison does seem to be an acknowledged a "more likely" outcome.

"Teachers ain't cops" doesn't seem to answer the mixed message of opposing lessons in example versus lecture, which was was my point.

I don't know how many times I've read over the years, advice from lawyers, don't answer the police, at least not without your lawyer present. Yet, it seems, our schools teach kids by example to answer daily interrogations for at least 12-13 school years.

[AngryAmish]

10. My friend, I have no idea what to make out of that word salad

So to be safe let us just leave tests to the private school kids, ok?

[MindPilot]

8. the 5th doesn't apply here

The 5th is to protect you from being forced to provide evidence against yourself. It only applies during a criminal investigation or court proceedings.

Not intending to sound snarky; I just wanted to clarify.

[Trillo]

12. That's my understanding.

However, it seems one's school record follows one for a lifetime. Every boss requires certain information, including any schooling. The, shall I say, National Security State, has been accused of vacuuming up information, to be accessed if it ever becomes necessary at a future time, including all communications (getting information on this has proven difficult to groups such as the ACLU from what I've been able to gather in regards to their activities). It is unrealistic, not pragmatic, to believe school records are not a part of this National Security State apparatus.

Thus, one does seem to be testifying against oneself, when one is less than silent in schools. For many people who never become involved in the criminal system, those school records would probably never be accessed, but here we're probably talking a small percentage, folks who have never had any contact with the police whatsoever. But for others, who do become involved in the criminal system, and particularly juveniles and young adults, but not limited solely to them, school records would seem to be part of investigations, and in a smaller percentage, later court proceedings.

Thus, it does seem that schools are very much a part of criminal proceedings, however, they would be highly preliminary proceedings, ones in which the courts are not actively engaged until well after the systematic educational evaluations and challenges everyone seems subject to when young.

So, it seems to be a message of chaos, to teach forced disclosure by example, and to lecture of another reality of individual rights.

[LWolf]

2. If I thought my students would honor a day of silence,

I'd be happy to let them.

I don't see it happening, though, at least not in middle school.

[liberal_at_heart]

3. Sometimes they forget and let something slip but you'd be surprised

A lot of these young people know someone who has been bullied or beaten because of being LGBT. This is an important issue to most of these kids. And I'm sure you know to get young people to fully and willingly participate in something they have to care about it. Well, they do.

[LWolf]

4. Of course.

Middle school students can certainly care, be sincere, and be willing to fully participate. They just aren't wired for silence. It's a developmental thing. Two minutes of true silence in a classroom and most are squirming uncomfortably. Another few seconds, and someone will blurt, "It's too quiet in here," and they'll all join in to agree, and the silence is over.

[liberal_at_heart]

5. Like I said there is an occasional slip but those who participate really do try

And it's not like the school is completely silent. There are people who are not going to want to participate. But for those who do participate there is a sincere attempt to stay silent.

[gollygee]

11. It seems like a kid could participate with their class

and still respect the anti-bullying day. Don't talk to anyone except when necessary due to classroom participation. Just like if you work in a job, you can't remain silent for a whole day, because you still have a job to do, so do you have to participate in the learning process while you're in school. But I don't see why that doesn't mean she couldn't remain silent otherwise. The anti-bullying thing is more about not speaking to friends and other classmates. I don't think it was intended to keep kids from participating in their classes.