Student Sues School After Getting A Zero On Religion Drawing

[golfmom]

Samples of other student work that school didn't have an issue with:

http://www.telladf.org/UserDocs/DemonicDrawing1.pdf
http://www.telladf.org/UserDocs/DemonicDrawing2.pdf

 

[golfmom]

I'm thinking that this boy is going all the way with this lawsuit.

http://www.madison.com/wsj/home/local/279680
A Buddha and Hindu figurines are on display in a social studies classroom, the lawsuit claims, adding the teacher passionately teaches Hindu principles.

In addition, a replica of Michaelangelo 's "The Creation of Man " is displayed at the school 's entrance, a picture of a six-limbed Hindu deity is in the school 's hallway and a drawing of a robed sorcerer hangs on a hallway bulletin board.

 

[golfmom]

Oh, I'm liking this boy more and more.

http://www.splc.org/newsflash.asp?id=1728&year=
In addition to asking the court to restrain district officials from violating A.P.'s First Amendment rights, the complaint asks the court to decide the constitutionality of the district's religious expression policy, give A.P. $1 in nominal damages and order the district to remove all references in the student's record to the discipline related to the incident.

 

[angelmom]

It's really hard to argue with this kid.

Yes, he tore up the discipline policy.

You can say the teacher didn't molest him or assault him (such high standards these days! ) but I could go the other way and say that all the kid did was rip up a piece of paper. He didn't show up at school with a gun or a knife or even hack into the school's computer to change his grade or set up a phony MySpace account that made the teacher look like a perv.

I really hope he wins. There is no downside. Since he is taking the moral high ground by only asking for $1, no one can blame him for bankrupting the school system or only being in it for the money. Maybe he can effect real change in what sounds like a very confused system.

 

[Linda7NJ]

I am atheist, but I think that this school's policy against religion in artwork is absurd and I support the student's lawsuit. It is totally ridiculous to disallow religious themes and symbols from artistic expression. Some of these educators do not understand the separation of church and state. The prevention of schools/teachers from alienating students or sanctioning one religion over others through organized prayer or other religious practices does not mean that students should be made to feel ashamed of their religion nor should they be prevented from expressing their beliefs as long as they are not imposing it on others. There is no law against prayer in school. Any child may do so if he/she wishes. It just cannot be dictated or organized by the school or school officials. A student including religious symbolism in an art assignment or in a creative writing assignment is the same thing. There is no law against that, nor should there be. What is not allowed is for the teacher to require a student to create piece of religious art or literature.

Ditto!:clap: :clap:

 

[Al_B]

this is bugging me. I can understand the schools fear but the truth of the matter it was a student not a teacher and it's art not science.pay the kid had it been a religous assignment I'd say the same thing.( Going through something opposite but the same, where my daughters health teacher showed a religous movie in class complete with handoutin a public school)

 

[Linda7NJ]

Is this a public school? Do they receive public funds? Is it even possible for a minor student to sign away their constitutional rights?

"Millin showed the student a policy for the class that prohibited any violence, blood, sexual connotations or religious beliefs in artwork. The lawsuit claims Millin told the boy he had signed away his constitutional rights when he signed the policy at the beginning of the semester."

A child can not enter a binding contract

 

[Linda7NJ]

Oh, I'm liking this boy more and more.

http://www.splc.org/newsflash.asp?id=1728&year=
In addition to asking the court to restrain district officials from violating A.P.'s First Amendment rights, the complaint asks the court to decide the constitutionality of the district's religious expression policy, give A.P. $1 in nominal damages and order the district to remove all references in the student's record to the discipline related to the incident.

:clap: :woohoo: :clap:

Go KID GO!!!!!!!!!!!!!!!!

 

[Eire]

Is this a public school? Do they receive public funds? Is it even possible for a minor student to sign away their constitutional rights?

"Millin showed the student a policy for the class that prohibited any violence, blood, sexual connotations or religious beliefs in artwork. The lawsuit claims Millin told the boy he had signed away his constitutional rights when he signed the policy at the beginning of the semester."

No, a minor can't enter into any form of binding contract. Since I don't know for certain if this contract was one signed by the student and the parent, all I will say is if the parents signed it too (I have to do this at my kids' school), then it is binding.

I still don't think the kid is in the right tearing up the contract. He was disrespectful to the teacher. True, he didn't threaten or assault her, but he didn't behave 100% correctly either.

My point here is, every time I've read one of these stories about somebody being harassed/punished based on their religious beliefs, that's usually only half the story. Seems like every time this sort of thing comes up, there's some disrespectful behavior going on.

 

[golfmom]

Was he disrespectful? HELL YES.
Could he have handled it better? YES
He's a teenager. He could have done better, he could have done way worse.
Do you not think that the teachers and school could have handled the situation better? I do.

Oh for the love of . . . this is right out of the school's handbook.

The Tomah Area School District shall not discriminate in standards and rules of
behavior or disciplinary measures, including suspensions and expulsions, on the basis
of a student’s sex, race, national origin, religion, color, ancestry, creed, pregnancy,
marital or parental status, sexual orientation or physical, mental, emotional or learning
disability or handicap. Discrimination complaints shall be processed in accordance with
established school board procedures.

 

[Eire]

Of course the school could have handled it better, but they didn't get the chance to. He tore up the policy and left the class before they could.

He wan't expelled, so quoting their expulsion policy really doesn't apply. Was he disciplined for the drawing? No. I can't find mention of whether or not he was disciplined for tearing up the policy and leaving the class, but if he was, that's not because he's a Christian it's because he did something wrong. He may be a teenager, but he should have handled the situation by speaking to the principal, then taking it further if need be. I'd be cheering him on if he had.

 

[kahskye]

I didn't say "only", what I said was all she did was give him a zero. Meaning, she didn't molets him or attack him, she failed him on an art project. Hardly evil incarnate. He wasn't punished until he tore up the policy.

Let me ask this and I know I'll be jumped all over, but what the hell. If this was a Muslim student or a Pagan student, would we be calling the teacher one who walks on the "dark side?" I highly doubt it. We'd be saying we're tired of Muslims thinking they don't have to obey the rules or that Pagans were probably drawing demons. Bottom line, other students complained, he was asked to remove the Bible verse and instead tore up the school policy. There is no excuse for that. Again, had it been a student of a different faith, we wouldn't even be having this conversation.

Actually, he was punished the minute he received a zero!

 

[kahskye]

think this lawsuit is important. If this school has guidelines about religious expression and this boy was told that his expression infringed on other students's rights, then why do they have other religious icocography about the school as well as teachers who teach some of it. They are sending confusing mixed messages.

I've long felt that it is ridiculous to remove religion from education. Religion (if only from an historical perspective) is a part of every subject under the sun.

:clap:

The lawsuit also alleges school officials allow other religious items and artwork to be displayed on campus. A Buddha and Hindu figurines are on display in a social studies classroom, the lawsuit claims, adding the teacher passionately teaches Hindu principles to students.

 

[Eire]

I'll have to agree to disagree with you on that. It could have and should have been changed if he followed the proper channels. Frankly, I'm not fond of the rule myself, but I'm also not fond of people behaving badly then saying they're being punished for their religion. That's where my problem lies here, not in the policy needing re-examined. It certainly does. My problem lies in the kid misbehaving and people (OK, one person) making a nasty comment about the teacher based on that. Sorry, but I took offense to the whole "living and walking on the dark side" thing.

 

[golfmom]

He wan't expelled, so quoting their expulsion policy really doesn't apply. .

It certainly does apply.

The Tomah Area School District shall not discriminate in standards and rules of
behavior or disciplinary measures, including suspensions and expulsions, on the basis
of a student’s sex, race, national origin, religion, color, ancestry, creed, pregnancy,
marital or parental status, sexual orientation or physical, mental, emotional or learning
disability or handicap. Discrimination complaints shall be processed in accordance with
established school board procedures.

As well, this is their discrimination policy that is also in the handbook:

NON-DISCRIMINATION
The Tomah Area School District does not discriminate against pupils on the basis of
sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual
orientation, or physical, mental, emotional, or learning disability or handicap in its
educational programs or activities. If any person believes he/she has been
discriminated against under 118.134, WI Statues, a written complaint may be presented
to the Equity Coordinator.

 

[golfmom]

I would have torn up the stupid "agreement" too. Honestly, I wouldn't have signed it to begin with, but then I'm sure he wouldn't have been able to take art. WHICH brings us right back to being discriminated against.

 

[Paladin]

Glad to hear he tore up the paper. If that's the worst they can pin on this kid, then that's pretty pathetic. Ooooh, he tore up a piece of paper with a policy on it.

And just to be clear, if the piece of art had a pentacle on it, Mohammed, or a sentence saying "I don't believe in God" or "God doesn't exist", I'd be just as offended if they gave the person a 0.

 

[southcitymom]

I didn't say "only", what I said was all she did was give him a zero. Meaning, she didn't molets him or attack him, she failed him on an art project. Hardly evil incarnate. He wasn't punished until he tore up the policy.

Let me ask this and I know I'll be jumped all over, but what the hell. If this was a Muslim student or a Pagan student, would we be calling the teacher one who walks on the "dark side?" I highly doubt it. We'd be saying we're tired of Muslims thinking they don't have to obey the rules or that Pagans were probably drawing demons. Bottom line, other students complained, he was asked to remove the Bible verse and instead tore up the school policy. There is no excuse for that. Again, had it been a student of a different faith, we wouldn't even be having this conversation.

I didn't take that post to mean the teacher was evil incarnate. Just my 2 cents. I actually read it to say the teacher wasn't particularly illuminated, which I agree with - the whole policy is confusing.

I personally think we would be having this conversation if the student were Muslim or something. Some of us WSers are pretty hot about freedom of religious expression, and I know some of the Christians here feel like we live in a society where its okay to bash Christianity but not other religions.

As for the boy tearing up the policy - yes, it was wrong and disrespectful and he was punished for it and I don't have a problem with that. But I'm not bowled over by his actions. As protests among teenagers go, it seems fairly mild.

 

[kgeaux]

think this lawsuit is important. If this school has guidelines about religious expression and this boy was told that his expression infringed on other students's rights, then why do they have other religious iconography about the school as well as teachers who teach some of it. They are sending confusing mixed messages.

I've long felt that it is ridiculous to remove religion from education. Religion (if only from an historical perspective) is a part of every subject under the sun.

From the article:

The lawsuit also alleges school officials allow other religious items and artwork to be displayed on campus.

A Buddha and Hindu figurines are on display in a social studies classroom, the lawsuit claims, adding the teacher passionately teaches Hindu principles to students.

In addition, a replica of Michaelangelo's "The Creation of Man" is displayed at the school's entrance, a picture of a six-limbed Hindu deity is in the school's hallway and a drawing of a robed sorcerer hangs on a hallway bulletin board.

Drawings of Medusa, the Grim Reaper with a scythe and a being with a horned head and protruding tongue hang in the art room and demonic masks are displayed in the metals room, the lawsuit alleges.


The school obviously cannot display religious art and then demand that the students do not produce such art of their own. I understand the teacher's desire to have a contract with his students so he doesn't have to stare at the kind of gory cartoon crap that passes for art amongst young people today, but religion should not be a part of what the contract prohibits.

I thought the picture was cool. But the words "John 3:16" are not part of any landscape. And the assignment was to draw a landscape. I think if the teacher had just approached it from that point of view: "Floating words are not part of a landscape" and left religion out of it, the boy could have gotten a zero for THAT reason, and there wouldn't be a lawsuit facing this district.

 

[southcitymom]

...........I thought the picture was cool. But the words "John 3:16" are not part of any landscape. And the assignment was to draw a landscape. I think if the teacher had just approached it from that point of view: "Floating words are not part of a landscape" and left religion out of it, the boy could have gotten a zero for THAT reason, and there wouldn't be a lawsuit facing this district.

Sure, BUT every artist has a different perspective on landscapes and some people's perspective may include words. I think that's a valid artistic choice to make. I think you could make a whole landscape out of nothing but words.