Two students were suspended from the Middle School for 10 days over a fake profile they made of their principal on MySpace. The 3rd Circuit, today, affirmed the suspensions.
In order for the profile to have given rise to a suspension, it must have been disruptive in the school somehow. But, the school’s computers block MySpace, so the student’s couldn’t have been disrupted by it in school. Though what, then, did the school and court justify the suspension?
Before the District Court, the School District argued that the
profile disrupted school because (1) two teachers, Randall
Nunemacher and Angela Werner, had to quiet their classes
while students talked about the profile; (2) one guidance
counselor had to proctor a test so another administrator could sit
in on the meetings between McGonigle, J.S., and K.L.; and
(3) two students decorated J.S. and K.L.’s lockers to welcome
them back upon their return to school following the suspension,
and students congregated in the hallway at that time.
By this metric, LOST, illness, and birthdays are also events things that could cause suspension. Students would certainly discuss lost in class, someone could take a sick day, causing another person to have to proctor a test, and I used to decorate lockers fairly regularly for people’s birthdays.