Kansas Homeschool Suspends Student over Mohawk

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http://www.hedua.com/blog/mohawk/

 

 

Kansas Homeschool Suspends Student over Mohawk

Written By: Richard Barrette

| April 1, 2013

Bluffington Post Staff Writer

4/1/2013

 

Hokum, Kansas – A homeschooled high school sophomore sporting a freshly spiked blue mohawk has been suspended from his school, creating a standoff between school administrators and the student’s family that is certain to be decided in the courts.

When Joshua Kidder sat at his kitchen table and began conjugating verbs in Latin, he thought it was just another homeschooling day. Then his teacher entered the room.

“She just flipped out,” Josh explained. “She went all ‘mother’ on me, and then sent me to the principal’s office.”

That visit ended in a three day out-of-school suspension. Josh spent those days on his parent’s patio, relaxing in the warmer than average winter weather.

Josh’s father said nothing in the home school’s student handbook prohibits the haircut, characterized by closely shaved sides with a prominent strip of hair on top.

“The school doesn’t have a dress code,” Mr. Kidder explained. “He doesn’t wear a uniform. In fact, on most days he completes his school work in his pajamas. This is total discrimination. They can’t tell him how he can cut his hair.”

The Kidder family had previously been warned in a letter from the school that Josh’s haircut was not acceptable. The letter stated that Josh was creating a distraction for other students.

“Maybe at first,” Josh admitted. “My brother made paper horseshoes and tried to score ringers on my spikes. My sister blew up balloons and tried to pop them on my head. But that only lasted for a day or two.”

“I’ve attempted several times to call myself to discuss this situation,” Mrs. Kidder explained. “But, I won’t return my calls.”

“We’re concerned,” added Mr. Kidder. “Josh is a good kid. He’s never been in trouble before. This is a rather severe punishment for a first offense. We don’t want this suspension on Josh’s permanent homeschool record.”

After several attempts at contacting the school failed, the Kidders decided to hire a lawyer.

“Unfortunately, school administrators won’t cooperate,” Mr. Kidder explained. “We’ve decided that our only course of action is to sue ourselves.”

Neither Josh’s teacher nor his principal would comment on the suspension, citing privacy concerns.

Barb Arous, the homeschool’s lawyer, explained the school’s position. “The school has been extremely patient. We’ve sent multiple letters to the family that have all been ignored. Josh continues to arrive at school looking like a Goth Smurf.”

Grant Moshun, attorney for the National Organization for Civil Liberties Union, agreed to represent the Kidders in their lawsuit. “NOCLU believes the Kidder family has a strong case. This is a first amendment issue. The Supreme Court has ruled in favor of students’ rights in Tinker v. Des Moines. I am confident the family will prevail.”

Unfortunately for Josh Kidder, student rights don’t always prevail in the courtroom. In Karr v. Schmidt, the Fifth Circuit Court of Appeals ruled that a student does not have a constitutional right to wear his or her hair as long as they want to. The majority in that case reasoned that hair length is not the same as free speech.

Judge John Minor Wisdom disagreed. In his dissent he wrote that “under the First and Fourteenth Amendments, if a student wishes to show his disestablishmentarianism by wearing long hair or has the whim to wear long hair, antidisestablishmentarians on public school boards have no constitutional authority to prevent it.”

Ferris Wiehl, President of the Home Educators Legal Organization, is watching this case closely. “This is an interesting situation. There is plenty of precedent establishing constitutional rights for students in public schools, but there are no decisions applying to home education. This is uncharted legal waters.”

The organization might file a friend of the court brief, advising the judge in this case. “Normally, HELO doesn’t get involved in family matters. We prefer to remain above the dispute. Since home education is involved, we might file Amicus Curiae.”

Back in Hokum, Mr. Kidder just wishes the situation would be resolved quickly. “I hope this is all over soon. The classroom has become a hostile atmosphere for Josh. We’re considering enrolling him in another homeschool, possibly one at the dining room table. Changing his hairstyle is not an option.”