Student suspended for speaking Spanish in school hallway

I agree with you, ralpheb, as to the need for all people living in America to become reasonably fluent in English. But that isn't the point here. These were two people (students) whose native tongue is not English. They exchanged a few words, peer to peer, in their own language. Under what Draconian rules can this be construed as a punishable offence? This wasn't a case of a student addressing a teacher or a non-Hispanic speaking student in an inappropriate language. The more I think about it, the more it boggles the mind.

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As I said, since it was only between two students and it was not addressed ot a teacher, I don't see where there is to much of an issue. I would not agree with a suspension. I too have used bastardized Spanish, Italian, German, French, Vietnamese etc. I say Bastardized because I have NO CLUE on how to speak any of these languages. I think It's great the people are multi-lingual. I wish I was smart enough to be. However, there is always a time, place and audience that these languages should be spoken.
To be politiacly correct, I should be learning Arabic right now. But hell, I have a hard enough time just with American.

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Quote:

However, there is always a time, place and audience that these languages should be spoken.

So, tell me when would be that particular time?

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How did we get to a point that people are claiming there are rules that students need to follow. This is from the story

Quote:

"So I went to the principal and said, 'My son, he's not suspended for fighting, right? He's not suspended for disrespecting anyone. He's suspended for speaking Spanish in the hall?' So I asked her to show me the written policy about that. But they didn't have" one.

There were no rules to be followed. There was no written policy that students couldn't speak Spanish. There was no well defined rule that the students broke by speaking Spanish.

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Damn it, rules or no rules, it just ain't polite ya know, talkin' in some language no one even knows exept for the darkies. It's downright RUDE. Ain't y'all heard of being Politcly Correct about things like this? Some y'all needs some PC tranin' right quick.

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InfraBlue wrote:

Damn it, rules or no rules, it just ain't polite ya know, talkin' in some language no one even knows exept for the darkies. It's downright RUDE. Ain't y'all heard of being Politcly Correct about things like this? Some y'all needs some PC tranin' right quick.

Yes, and you should start with yourself first.

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Sturgis wrote:

The school itself has rules. The rules are well defined and if a student cannot or will not adhere to them then an appropriate action is in order. As a person who taught for more than a quarter of a century, I know of which I speak.

Sure, the "school itself has rules." None of which state that English is the only language that is allowed for students to speak, especially when its a private conversation with other students that takes place outside of class. I only hope you're influence on your students was strictly of the educational sort.

Anyway, I read you're reply. I see you're one of those guys. Sorry I wasted my time.

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parados wrote:

How did we get to a point that people are claiming there are rules that students need to follow. This is from the story

Quote:
"So I went to the principal and said, 'My son, he's not suspended for fighting, right? He's not suspended for disrespecting anyone. He's suspended for speaking Spanish in the hall?' So I asked her to show me the written policy about that. But they didn't have" one.

There were no rules to be followed. There was no written policy that students couldn't speak Spanish. There was no well defined rule that the students broke by speaking Spanish.

What's so particularly scary about all this is that there are so many people who believe, [in knee-jerk fashion], that this 'rule' would and should be a given, whether it was written or unwritten.

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No doubt a frivilous lawsuit will ensue.

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CerealKiller wrote:

No doubt a frivilous lawsuit will ensue.

Why 'frivolous'? Do you deny that the student's rights were violated?

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parados wrote:

Finn d'Abuzz wrote:
Utterly laughable: The implication of the originating post, and (to an even greater extent) the responses that precede this one.

This is a rare and unusual experience, and I defy anyone to prove otherwise.

There are far far more instances of kids being, inappropriately, allowed to speak Spanish then there are one where merely speaking in Spanish got a kid in trouble. In fact, I doubt that anyone can find a story in the news that is on par with this one.

I would love 2 examples of kids being allowed to innappropriately speak Spanish since you said there are MORE of those and we have 1 example of the lesser.

Link

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Merry Andrew wrote:

CerealKiller wrote:
No doubt a frivilous lawsuit will ensue.

Why 'frivolous'? Do you deny that the student's rights were violated?

In order for there to be a sustainable cause of action by the student, three elements must be in place in this case:

1) There must a legal duty between the defendant (the school) and the plaintiff (the student)
2) There must be a breach of this duty
3) There must be damages because of the breach

What rights of the student were violated?

Is there a legally protected right to speak Spanish in the hallways of a school? What duty did the school owe to the student that was breached when they suspended him?

What were the damages the student sustained as a result of the alleged breach.

Presumably you believe the first two elements are present, and perhaps you will care to explain them.

What damages do you think the student sustained as a result?

It is most often with this element that a lawsuit becomes frivolous.

The law doesn't provide for a reward when someone's rights have been violated. The violation must result in provable damages.

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Re: Student suspended for speaking Spanish in school hallway
What do you expect? This story originates out of Kansas. The same state where teach the Creationism ferry tale over the Evolution theory. They must be putting something in the water over there. Kansas City is the new Boise Idaho.

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Finn d'Abuzz wrote:

parados wrote:
Finn d'Abuzz wrote:
Utterly laughable: The implication of the originating post, and (to an even greater extent) the responses that precede this one.

This is a rare and unusual experience, and I defy anyone to prove otherwise.

There are far far more instances of kids being, inappropriately, allowed to speak Spanish then there are one where merely speaking in Spanish got a kid in trouble. In fact, I doubt that anyone can find a story in the news that is on par with this one.

I would love 2 examples of kids being allowed to innappropriately speak Spanish since you said there are MORE of those and we have 1 example of the lesser.

Link

And your supposed 2 examples are what? A prejudiced piece that talks about bilingual education? Is your argument that bilingual education an example of kids being allowed to inappropriately speak Spanish?

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Finn d'Abuzz wrote:

Merry Andrew wrote:
CerealKiller wrote:
No doubt a frivilous lawsuit will ensue.

Why 'frivolous'? Do you deny that the student's rights were violated?

What rights of the student were violated?

Is there a legally protected right to speak Spanish in the hallways of a school?

The right of free speech guaranteed by the First Amendment.

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I'm late in here, but still confused.

Are there really rules which 'gouvern' the language in private talks between pupils/students/employees?

(Our teachers would have been - and still are, I suppose - glad, if we spoke together in different languages than German ... privately, nad not just during the classes. :wink: [Which is a different point, I know.])

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Walter Hinteler wrote:

I'm late in here, but still confused.

Are there really rules which 'gouvern' the language in private talks between pupils/students/employees?

(Our teachers would have been - and still are, I suppose - glad, if we spoke together in different languages than German ... privately, nad not just during the classes. :wink: [Which is a different point, I know.])

There are no rules Walter. It is made up garbage being spouted by those that feel English should be the official language of the US.

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In L.A. we get suspended for speaking English in the hallway. Laughing

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This is America, Speak Spanish.... Laughing

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Finn d'Abuzz wrote:

In order for there to be a sustainable cause of action by the student, three elements must be in place in this case:

1) There must a legal duty between the defendant (the school) and the plaintiff (the student)
2) There must be a breach of this duty
3) There must be damages because of the breach

What rights of the student were violated?
etc, etc.

Don't pretend to know "the Law" if you don't. A strong argument can be made that the kid had a First Amendment right to free speech which was violated.

From your wording (sustainable cause of action), maybe you're a law student. If so, you need to work on your issue spotting. If you're already an attorney... oh boy.

Btw, I'm a third year law student, so I have at least some idea of what I'm talking about.

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Student suspended for speaking Spanish in school hallway

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