Vicious Momma v. Knox County Schools, part 2

This is the follow-up to "Knox County School Violates Fourth Amendment."

Knox County Schools apparently decided that they have the authority to unreasonably seize personal property and to impound it 15 miles away from the school where it was seized. My son's cell phone fell out of his pocket at school the other day and a teacher saw him pick it up, so she seized it and sent it to the school office. Okay, fine. I understand that cell phones are not allowed to be used in class. But he wasn't using it. He was only picking it up and looking at it to make sure it wasn't damaged from falling. Anyway, I don't have a problem with them keeping it in the school office until I can pick it up, but I do have a problem with them sending it off the school grounds to some kind of "security" office, which is essentially the county's school police station.

I am probably overreacting to this situation that is ultimately pretty trivial, except that I just can't see it as trivial when our Constitutional rights are violated, even in regards to something like a cell phone. I understand that they have rules, and that they are necessary. But all of this unreasonable seizing personal "effects" and then imposing excessive and unusual punishments is just plain WRONG.

I can't see how anyone could really believe that requiring a parent to drive a 30 mile round trip to pick up a simple cell phone that was seized merely for its own existence is not excessive punishment. And "cruel and unusual" too since it was very rainy, windy and bad holiday traffic going to pick it up in the middle of one of Knoxville's worst public housing slums (where the SS security office is located). While this 30 mile round trip to pick up our illegally seized phone was not a hardship for us in the purely physical sense, there are many people for whom it would be excessively inconvenient and a hardship to do so. Some people don't have easy transportation for such things and some can't take time away from work.

It is obviously a violation of the Eighth Amendment prohibition of "excessive fines and cruel and unusual punishments" to make a parent go to this much trouble to reclaim a cell phone that was already practically stolen by the school. Imagine if you replace "cell phone" with a $100 bill. Clearly it is an illegal theft for the school personnel to seize that money, send it away, and require a parent to go out of their way to retrieve it. Any other personal property is no different from the money and no one would stand for their money to be extorted in this way. Even people who have their cars towed or otherwise taken away for some "offense" have to sign for it. The school basically stole our phone. The school personnel are guilty of extortion and coercion.

And while those issues are big enough for a serious complaint, there is even more to the story. When I called the security office to make sure the phone was there before driving all that way to get it, I also asked for directions since I'm not so familiar with that part of town. I simply asked "where exactly is the office located?" After some vague and useless information like "in northwest Knoxville" and "off Western Avenue" from the woman on the phone, who I am assuming was the secretary, Debra Dexter, I asked if she could give me directions. If her reply had not been so incompetent and lazy I might not have been quite as angry about having to go there. This woman is a "public servant" and is paid with my tax dollars so I don't think it is unreasonable to expect her to be somewhat helpful. But no, this is what she said, "Oh, it's just too hard to describe how to get here so look it up on one of those map things on your computer." Wow. My tax dollars at "work."

There are some other small, annoying, hypocritical details about her and the other "security" staff. At the front door of the office which had a big "No Smoking" sign, there was a group of men, some of them cops, standing there smoking! Right in front of the entrance with the no smoking sign. Typical! In the office I asked why they felt it was necessary to send phones to this location, but of course, they would not give me a good answer and only continued to coerce me to sign the form stating that I was picking up our phone. I couldn't contain my anger then and did tell them that the policies are stupid and violate our 4th and 8th Amendment rights and that this isn't Nazi Germany. And now they know our names and we'll be blacklisted forever.

And you know, how do we know that they didn't examine our phone, look at the personal information contained in it, copy the SIM card information, or any other invasion of our privacy? If they think nothing of illegally seizing it then what's to stop them from further violating our rights by copying private information and so on? All of this was done without "probable cause" and without any kind of warrants, and so why should I expect that they are respecting ANY of our rights if they are so unscrupulously violating the 4th and 8th Amendments?

The Superintendent and many others will be receiving letters of complaint from me. If they do not change their policy regarding seizure of personal property then perhaps some further action will be required. I really don't want to start some big thing because I am a private person and I don't want to be dissected like other citizens who have questioned authority (Joe the plumber, for instance). But I refuse to be intimidated, extorted, coerced, bullied, violated, and abused by the people who are paid with my tax dollars to serve me and everyone else. They do not have the authority to violate my rights, my kids' rights, or anyone else's rights. Period.

Knox County School Violates Fourth Amendment

Fourth Amendment to the US Constitution:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Carter Middle School in Knox County, TN, has violated my and my son's Fourth Amendment guarantee against unreasonable seizure of personal property. His cell phone was confiscated by the School Gestapo and has been sent to the County's "central security office," whatever the hell that is. I understand that cell phones and so on are a distraction at school and that students are not supposed to use them during school hours. However, my son was not using his phone. It fell out of his jacket pocket, and because it had been unintentionally left on, a teacher confiscated it and sent it to the office. I went in this morning to pick it up, and that's when they told me it had been sent off because this was his "second offense." The first was when he had my video camera at school which was also confiscated and demanded that I delete any "unauthorized" photos/videos he might have taken at school. What country is this anyway? Seems like Nazi Germany or Totalitarian USSR. Outrageous!

I was furious but did not make a scene. I've found it is unnecessary to do that because I am capable of expressing my displeasure with my eyes only.

Now I have this dilemma. Do I just do as they expect and cower to their unreasonable policies? This is surely what they want everyone to do... they want us to be intimidated and comply with their oppressive methods. They don't want us to question this erosion of our fundamental rights and protections. That cell phone is our personal property which they have very unreasonably seized and impounded. Clearly and obviously, their actions are way beyond a reasonable response to the "offense."

I think that goes against the Eighth Amendment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Yeah, I really do think that requiring me to drive all the way down to some office near the old Rule High School, which is in the middle of one of the worst and most dangerous public housing projects in the city, to reclaim my wrongfully seized personal property is an excessive, cruel, and unusual punishment for my son's trivial mistake.

I need a Constitutional attorney. I swear. If people can sue McDonald's for hot coffee and so forth, then I should be able to sue the Knox County Schools for violating our Fourth and Eighth Amendment Constitutional rights. I think we need to take this all the way to the Supreme Court.

First Grade Report Card

(click to enlarge)





I like the little stick figure drawings that show the "deportment" progress. It's funny that I did not do so well at working quietly and finishing my work because those are the exact same problems that my sons have had in their beginning grades. My daughter has not had those same problems. And the reading grades are the lowest, probably because I had some unidentified "learning disability" or other condition that is nowadays labeled and widely accepted as a reason for slower reading progress.

It's funny that the height and weight are included. Such things are now considered politically incorrect and damaging to children's self esteem. ;-)

Also on the front and back are some interesting notes about development and the purpose of school.

"A child should be encouraged to face reality."

"A sense of humor is necessary for a good personality."

"We believe that schools should prepare a child to live in a democracy."

I certainly don't see these things spelled out on my kids' modern report cards, and it is unfortunate that such practical and common sense has been abandoned by the educators, who are too worried about hurting self-esteem and other sociopolitical correctnesses, to really understand about healthy development and to instruct children how to grow into good citizens.

Composition and Style 1

I know that my own writing skills have diminished since my school days and that I've slipped into some casual habits that aren't exactly considered 'good writing.' However, in this case, do as I say and not as I do. ;-)

I was fortunate to have some excellent teachers over the years who left me with some strong literary pet peeves. Their focus of instruction was teaching us how to communicate effectively and efficiently. They were wise enough to recognize the little tricks students used to fulfill their word count requirements for essays, etc., without actually saying much of substance. Sometimes that Dickensish flourish of phrases and words is fun and okay, but in general it's best to limit accessory and transitional phrases, especially when using them presents rather illogical connections.

Two of the most common culprits in transitional error are the phrases "needless to say" and "it goes without saying." If it is "needless" or "goes without saying" then don't say it. This was the rule I was taught, and it very much appeals to my logical thinking. The argument presented by my teachers was that when you use those phrases you are essentially nullifying whatever comes next although the intention is to say that something is obvious. Their solution to this problem was to simply use "obviously" or "apparently" or some other single word (or none at all and just say what you are going to say) that is more accurate in describing your next thought. These teachers wanted to instruct us on how to make sure every word we used was essential and supportive of the ideas we were trying to express. Word economy is perhaps a good description of this idea.

For example, here is part of the above message rewritten using those transitions so you can see how it changes the tone and effectiveness:

Needless to say, these teachers wanted to instruct us on how to make sure every word we used was essential and supportive of the ideas we were trying to express. It goes without saying, word economy is a good description of this idea.

Hmm, see how annoying and clumsy that sounds? Also, using those phrases gives a tone of condenscension and pretension, even if that is not the intention.

Well, I know I sound like a hard-ass about it, and I'm sorry if that is offensive to anyone. I don't mean any offense at all. I'm just trying to play "English teacher" here and share some of the great things I learned many years ago.

Good News for String Theory

While looking through my kindergartener's school work last night I was pleased to find this:



Now, I'm not sure how long the concept of symmetry has been taught in kindergarten, but I do know that my 10 year old did not bring home any work like this when he was in kindergarten six years ago.

About a week ago I also saw several papers in my second grader's work that covered the concept of symmetry. I would interpret this trend as good news about the "trickle down" effect of String Theory's acceptance in a more general educational sense. Of course, String Theory did not invent Symmetry, but it has made symmetry an important foundational idea.