Assuming there isn't more to the story, I'm dumbfounded over this one. This happened in rural Missouri. These public school officials are sick in the head, yet are in charge of our youth. This superintendent should be fired and never allowed to be hired back into a public institution.

I feel bad for the kids and his parents.

Ol' dad





https://fox2now.com/news/missouri/m...n-rifle-art-family-sues-school-district/

HOWELL COUNTY, Mo. – A Missouri middle school student and his family are suing their school district after the student was suspended for sharing a photo of a homemade art project on Snapchat. The project, made from glued-together Dr. Pepper cans, appeared to resemble a rifle.

According to the lawsuit, the Mountain View-Birch Tree School District suspended the accused student, a 13-year-old boy, for three days after a parent saw the post and reported it to the school in September 2024.

The lawsuit contends that the student created the art project “while at home” and “outside of school hours” as part of a social media trend known as “can art.” The student assembled Dr. Pepper cans to mimic the shape of a rifle, documenting his project through Snapchat.

According to court documents obtained by FOX 2, the student posted a photo of the project on his private Snapchat account, accompanied by a soundtrack titled “AK47” and a voiceover audio clip that described an AK47 weapon.
A Missouri middle school student and his family are suing their school district after the student was suspended for sharing a photo of a homemade art project on Snapchat. The project, made from glued-together Dr. Pepper cans, appeared to resemble a rifle. (Photo courtesy: Howell County Circuit Court Lawsuit)

The lawsuit adds that the student was not holding the object in the photo and the post did not include any references to his school. The family also alleges that the Snapchat post “contained no threatening language or anything that would suggest harm to anyone or anything.” The lawsuit also states the Snapchat post was sent privately, off-campus and after school hours.

According to the lawsuit, the student sent the photo of his art project to various people through Snapchat, though it’s unclear how many people initially saw the photo. At some point, a parent saw the post and notified the Mountain View-Birch Tree School District.

One day after the report, a middle school principal in the district contacted the student’s mother to inform her of the post and stated that her son would need to be searched before entering the school. After reviewing the report, district officials found no evidence of a credible threat and did not cancel classes, according to the lawsuit. However, the student was suspended.

The school district labeled the incident as the student’s first “cyberbullying” offense on his permanent record, and the student was suspended three days over the offense.

The lawsuit acknowledged that the school district has a policy on cyberbullying that classifies it as bullying through electronic communication. It says “cyberbullying” may result in disciplinary action if:

It causes a reasonable student to fear for their physical safety or property;
It substantially interferes with the educational performance, opportunities or benefits of any student without exception
It substantially disrupts the orderly operation of the school.

According to the district’s policy, as presented in the lawsuit, first offenses can result in an out-of-school suspension anywhere from one to 180 days.

Through the lawsuit, the student’s family argues that the district’s decision to impose the suspension violated the student’s First Amendment and 14th Amendment rights. The lawsuit contends that because the Snapchat post was made off-campus and did not include a threat, it should be protected under the First Amendment right to free speech.

The lawsuit also claims that the student was denied due process and that the school’s off-campus conduct policy is vague and inconsistently applied.

The family argues the suspension could harm the student’s future, including college opportunities, academic performance, and mental health.
Police respond to South County Mall after man displays gun

Through the lawsuit, the family is seeking a “trial de novo,” to challenge the suspension on record, a declaratory judgment that finds the suspension “unconstitutional” and injunctive relief to prevent similar actions by the district in the future.

The lawsuit was filed in Howell County Circuit Court on April 10, more than half a year after the student’s suspension.

Lanna Tharp, superintendent for the Mountain View-Birch Tree School District, shared the following statement with FOX 2 on the lawsuit:

“The School District is aware of the lawsuit that was recently filed. Unfortunately, because the lawsuit involves a student, we are significantly limited in what we are legally permitted to share publicly. For now, we can only say that we have legal counsel, who will present our side of the story and defend against these allegations.”

FOX 2 has also reached out to Ellinger Bell LLC, a Missouri firm representing the student and his family in the lawsuit. Our requests for comment have not been returned as of this story’s publication.

I bet there is more to the story. Seems like the article is very one-sided.

It seems unbelievable that even liberals would search a child for a gun made out of glued together Doctor Pepper cans.

Keith

I would like to think there is but nothing surprises me anymore.

Ol dad

It ain't just the schools that are nuts. Goes all the way up the food chain.

If my kids were still young I'd send them to private school.

They're only in charge of your kids if you allow them to be. You can homeschool or send kids to private school.

I reckon they're only concerned about the amount of high fructose corn syrup in the pop. Not good for kids...

We've come a long way over the years. When I was in high school, I had a shotgun and/or a .22 in the back of my car in the school parking lot most every day during trapping/hunting seasons. I don't think I even started locking my car doors until I got to college.

My kids do go to private school. But my property taxes go to the public school.

Ol dad

Same here. Often times the principal, who was also a hunter, would come out to look and see what kind of critters I had in the back of my truck from that morning.

Ol dad

I served several terms as the president of our public school board. The school board sets the tone for the district. The administration is on contract that shouldn’t be renewed if their policies do not align with the board’s view.

Tenure for teachers is probably the biggest mistake ever allowed.

What should be done?

Get rid of the internet.

Meanwhile, in other parts of the state......and even in West Plains, county seat of Howell County, high school kids are joining high school trap shooting clubs.......which use real guns......

https://mo.usaclaytarget.com/teams/

I suspect that when the smoke clears, some principal is going to rue the day they even thought about suspending a kid.

I still remember this home school classic. The English text book; "Write a letter to your congressman telling him how we need to protect the endangered bald eagle, grizzly bear, and wolf." Son; "Dad are these animals really endangered?" Me; " Yes son they are endangered from us, personally"

2 out of 3 are legally harvested here and the other one is just a pest.

I grew up in that area. I'm absolutely stunned that this took place where it did. Unreal.

I wonder how the school would have reacted if he had posted this.

Those arrows in the eagle's left talons don't have anything to do with hunting or archery.





Remember this ?

Can you say double standards ?

She should be embarrassed to be seen....and not just for holding up that painted mask...

You and me both. My family is from birch tree. It's the last place in the world that I would ever expect to see the liberal agenda play out. I don't understand it. Even if there's more to the story than what is being told, short of the kid bringing an actual gun inside the school, I can't see any other reason that would justify a 3-day suspension. That town should let that kid build a giant gun monument out of Dr pepper cans and proudly display outside of City Hall.

Unfortunately suing the school for a large sum of money would only hurt the kids and the taxpayers. I think any of the administrators that were in agreement with this 3-day suspension should have their arses kicked out the door.

Ol dad

Which one is the mask....