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Lowering the common sense threshold in Yakima, upping the ante at Starbucks

Bobarino

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my fantasy outcome in all this: Starbucks serves Helmke with a cease and desist order, sues him for harassment and gets a restraining order against him. but a fantasy it will have to remain.

Bobby
 

BigDave

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I called the Yakima School District to try and talk with the Superintendent Elaine Berazaas but the call that was returned was Dr. John Irion in the video.

He told me that the News Person he implied the student was not expelled as to the demonstration of the news person and that they would not expel a young student of his age for merely jester of a gun with their hands and pointing to the ground.
He would not discuss the incident itself as he claims privacy issues when it comes to the kids and families.
He gave another example of what they would do if an older student would mimic a gun with the hands.

I reviewed the video and paused on the suspension letter to find the following print.

"
Manual pretended to shoot guns with his hands in his classroom with another student."

Dr. John Irion will not give a straight answer and cannot be trusted as he is deceitful, I wonder if he will still want to talk with me tomorrow!

 

Charles Paul Lincoln

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State law prohibits districts from expelling or long-term suspending (10+ days) students fourth grade and under. I hope the kid's parents get a good attorney -- the district needs to be spanked if the report is correct.

Charles
 

cynicist

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This kind of crap has been going on since Columbine when the "get tough" retards decided to "get tough" and ban anything and everything.
In eighth grade in Redmond (a month after Columbine,) I got expelled for this:
album-green-day-kerplunk1.jpg

And this was ok with me because it was clear in the policy that anything to do with guns, including artwork, is grounds for emergency expulsion. And like the 9/12 Commandments say, if you break the law you should go to jail, and I think the same should apply for rules at school, even if the rules were made by the irrational and mentally incapacitated, even by retarded kids' standards.

State law prohibits districts from expelling or long-term suspending (10+ days) students fourth grade and under. I hope the kid's parents get a good attorney -- the district needs to be spanked if the report is correct.
And "emergency expulsion" is not necessarily for more than 10 days; it's where they kick you out until they decide what to do with you.
 

BigDave

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I talked with Elaine Beraza, Superintendent Yakima School District just a little while ago.

I told her of my dismay of feeling lied to by her Asst Superintendent in the conversation we had yesterday.
The conversation with the Asst Superintendent basically portraying that something more serious occurred the what was reported.

She asked me if I was a family member or had first hand knowledge of the incident, which I thought was a little odd but anyways I said no and she started to interrupt me with the normal response we cannot talk about personal issues and I advised her that I am able to read off the video the suspension letter to the parents and then it was Oh!

Dr. Beraza basically said that this situation has been dealt with and that it is not her position to consider it a threat if a child of his age playing with hands formed as a gun in play, but that if this occurred with teenager and if gang issues were related then they would consider it a threat.

Yakima School District Polices
http://www.yakimaschools.org/policy/3200.pdf

6.1.26 Weapons.

All items used as dangerous weapons. For purposes of student safety and to prevent disruption of the instructional environment, any object may be regarded as potentially harmful and may be classified as a weapon, depending on the circumstances of its use or the intent, threat, or intimidation associated with its presence. Dangerous weapons may include antique, commercially manufactured, or hand made items.

Firearms are weapons or devices, whether loaded or unloaded or in parts and pieces, including ammunition, from which a projectile may be fired by an explosive or other propulsive agent. A student shall not possess a firearm or other dangerous weapon on or in the vicinity of school premises or at a school-sponsored event. Possession of firearms on school premises will result in a mandatory one (1) year expulsion, subject to appeal, with notification to parents and law enforcement.

Yakima School District Operational Procedures
3200

Possession of other dangerous weapons may result in a one (1) calendar year expulsion. The school district may expel a student for up to one (1) calendar year if the student acts with malice and displays an instrument that appears to be a firearm on or in the vicinity of school premises, on a school bus or other school-provided transportation, or at a school-sponsored event; see section 2.4. Referral will be made to a law enforcement agency.

6.1.26.1
Weapons of all types and categories may include, but are not limited to, sling shots; pipes, clubs or wand-type clubs; sharpened tools; metal knuckles; sharp instruments to be thrown, such as throwing stars, choking or hitting devices, nun-chu-kas; BB guns, air soft or air cartridge guns; or toy weapons, or weapon facsimilies (look-alikes) RCW 9.41.250 and RCW 9.41.280.

6.1.26.2
Handguns are firearms which may be pistols or automatics and may be fired by use of a single hand RCW 9.41.010 (1) and (2); RCW 9.41.280 (1).

6.1.26.3
Rifles and shotguns are firearms, which include bow guns, whether long or short barreled, and whether capable of single shot or rapid repeat fire as in the case of automatic or machine-gun type of delivery RCW 9.41.010 (3); RCW 9.41.260; RCW 9.41.280 (1).

6.1.26.4
Knives, daggers, swords, and sharpened cutting or stabbing instruments include any single or double-edged sharpened knife, whether fixed or with a spring or folding mechanism or which opens by gravity or centrifugal thrust, or tools with sharpened edges or points which are intended to be used for slashing or stabbing, including pocket knives and box cutters RCW 9.41.250 (1) and RCW 9.41.270.
If 6.1.26.1 or weapon facsimilies (look-alikes) was used to suspend this child, this was really stretching the rule in my view.

The Super assured me that it has been taken care of and that was not the intent of the rule for a child of that age.

Do I buy into this? I am leary as to what really occurred but I am confident the School District now knows the fall out of such an issue occurred again, there is a reminder about the enormous amount of calls they fielded on this issue.

Hopefully if a similar non threatening act occurs with a child of this age, well say they will be gun shy!
 

Dave Workman

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I've got to call B.S. on this, at least the way I read from BigDve about his conversation with the Supt.

The original news account said the kid had been "expelled" which seems to mean now that he was suspended for a couple of days and once back in school, he was afraid to raise his hand and answer questions for fear of making another "gesture" that would land him in dutch again with the school.

Here's what the story says, with the "expelled" word right there in the lead paragraph.

YAKIMA, Wash.- Manuel Alvarez eats breakfast and gets ready for school. He's eager but nervous. He was expelled February 8th from Barge Lincoln Elementary for making a gun with his hands.

http://www.kndu.com/global/story.asp?s=11979866
 

cynicist

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Look up the post-Columbine expulsions. These were happening (expulsion for "weapon fascimiles") literally about ten a day for while. It's like tweezers and diet coke on airplanes.
 

BigDave

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Dave Workman wrote:
I've got to call B.S. on this, at least the way I read from BigDve about his conversation with the Supt.

The original news account said the kid had been "expelled" which seems to mean now that he was suspended for a couple of days and once back in school, he was afraid to raise his hand and answer questions for fear of making another "gesture" that would land him in dutch again with the school.

Here's what the story says, with the "expelled" word right there in the lead paragraph.

YAKIMA, Wash.- Manuel Alvarez eats breakfast and gets ready for school. He's eager but nervous. He was expelled February 8th from Barge Lincoln Elementary for making a gun with his hands.

http://www.kndu.com/global/story.asp?s=11979866
Just an observation the news video is no longer available from KNDU ??
 
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