(NJ) Fake gun lands costumed 6th grader five-day suspension


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Drizzt
March 21, 2003, 06:33 PM
Fake gun lands costumed 6th grader five-day suspension
Wednesday, March 19, 2003

By KEN TH0RBOURNE


Eleven-year-old Daniel Treskunov was under the impression that creativity was called for.

For a picture-taking session held on Friday, March 7, students in Treskunov’s sixth-grade photography class in Renaissance School were asked to “dress up.”

“‘Wear a costume,’” Treskunov recalled his teacher as saying.

On Monday, Treskunov told The Times that his first inclination was to dress as a skateboarder, but it snowed that morning and he didn’t want to change into short pants.

Treskunov’s next decision, to dress as a bank robber, led to the sixth-grader receiving a five-day suspension.

The problem wasn’t the “bucket” cap that Treskunov said he pulled down over his eyes to create a sinister appearance.

Nor was it the swim cap that he said he planned to pull over his face for the actual photo shoot.

The accouterment that won Treskunov his suspension was a blue-and-red toy gun that he brought to school as part of the outfit.

Treskunov’s homeroom teacher was the first adult to spot the toy gun. The teacher sent Daniel to the principal‘s office. After consulting with the district office, Charles Cobb, the Renaissance School principal, told Treskunov that he would be suspended for five days and called the student’s mother to come pick him up.

Treskunov said he doesn’t understand the reason he was punished.

“It was a little toy,” he said on Monday, following his first day back at school since his suspension. Treskunov said he should have been forewarned. “They [school officials] should have told me before. I think they overreacted.”

School officials told The Times that Nmesh and her son should have known better because the rules for student conduct are clearly spelled out in the Renaissance School Handbook, a booklet that is distributed to parents during orientation at the start of the school year.

However, the nearest the booklet comes to addressing the topic of bringing a toy gun to school is a clause that refers to “possession of a weapon other than a firearm.”

Indeed, this is the rule that Kevin Salters, the assistant to the district superintendent, told The Times that Treskunov violated. The penalty that has been established for students possessing a weapon other than a firearm is a minimum five-day suspension, Salters said.

Cobb acknowledged that the Renaissance School Handbook never explicitly addresses the issue of carrying a toy weapon to school.

So to be clear with his students, Cobb said that he went to every 6th-grade class on opening day last September and spoke about the conduct code, specifically addressing the subject of “plastic or toy guns.”

After he was suspended, Treskunov fought back with more creativity.

The 11-year-old printed T-shirts for schoolmates to wear that read “Let Daniel T. back in school” on the front and “Creativity is not a crime” on the back. More than 30 students wore the T-shirts during his suspension, according to Treskunov.

Treskunov’s mother, Magdalena Nmesh, also believed that her son’s suspension was misguided.

“I was shocked because I knew it was supposed to be a portrait day for kids,” Nmesh told The Times. “This was part of a costume. The last thing in the world I was expecting was for Daniel to be punished.”

Nmesh said that she was born in the Ukraine when it was part of the old U.S.S.R. She grew up speaking Russian and Polish. Television is never watched in her home, she said.

The Columbine High School massacre of 1999 in which two students shot and killed 12 fellow teenagers and a teacher before killing themselves is something Nmesh said she heard about, “but didn’t get all the details.”

Even if her son did unwittingly break a rule, Nmesh believed that a five-day suspension was too harsh a penalty. “Where I went to school there was no such thing as suspension,” she said.

Cobb acknowledged the possibility that Treskunov made an honest mistake. If so, was a five-day suspension appropriate?

Cobb said that he has nothing to do with meting out punishment for violation of the rules. Sanctions are established by the Central Office, he said.

Salters defended the decision to suspend Treskunov for five days.

“The idea is that there is a severe amount of concern on the part of people of potential acts against other people, whether they are in possession of something that is construed as a weapon or the weapon itself,” said Salters. “Any type of thing that resembles a weapon is quite serious. For the most part, since Sept. 11 there have been a lot of reminders and reviews of what can and should cause concern.”

Asked if she can understand the concern of the school administrators, Nmesh, the 6th grader’s mother, said it was difficult.

“I feel that a child who was, first of all, encouraged by a teacher to be creative, encouraged to express himself — he was punished, “said Nmesh. “I asked Daniel, ‘Did you learn a lesson?’ He said, ‘Yes, I learned there are 281 tiles on the ceiling in Mr. Cobb’s office.’ He was punished for something he didn’t really understand.”

Cobb said he was pleased to have Treskunov back in school on Monday. He said he spoke with Nmesh and that conversation went well.

“I want all my kids in school,” said Cobb. “He [Treskunov] is a member of our Renaissance family and we care about him.”

http://www.montclairtimes.com/page.php?page=4904

I like this kid. He's got a lot of spirit for an 11 year old.

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rock jock
March 21, 2003, 06:36 PM
I feel ill.:banghead:

Blackhawk
March 21, 2003, 06:37 PM
PRNJ.

No surprise.

:banghead:

Carlos
March 21, 2003, 06:43 PM
How these Sheeple rationalize their decision slays me. One day I'll read something like this and have a #*$#($ stroke!!!!

I'll third the :banghead:

People like this make me sick.

critter
March 21, 2003, 06:49 PM
Being a retired school teacher, I know several words that would be very appropriate to the situation. However, this being 'The High Road', I am not allowed to make use of those which fit those morons!

Peetmoss
March 21, 2003, 06:53 PM
OMG that is rediculous. How freaking stupid can some people be? Wait don't answer that I don't want to know. Heck when I was in 5th grade I brought a spent rocket launcher to school. Every one thought it was pretty cool. Of course that was about 20 yrs ago.

Blackcloud6
March 21, 2003, 07:27 PM
I wish I was a wealthy lawyer with othing to do so I could fly out there and take those idiots to court!

TheLastBoyScout
March 21, 2003, 08:00 PM
"Weapons other than firearms..."
ARE YOU ****ING KIDDING ME!?!?!
I could hurt someone a whole heck of alot more with a compass, scissors, pen or textbook than with a toy gun, are they gonna ban those next????

PlayTheAces
March 21, 2003, 08:17 PM
Absolutely amazing. When I was in the 5th grade I took first place in my school's costume contest dressed as a pirate, complete with a beautiful 3' cutlass my grandfather carved out of balsa wood.

Our principal gave out the awards.

Different time, different place..........

Pilgrim
March 21, 2003, 09:04 PM
I guess we can hope that somewhere a parent has decided to take his child out of school and homeschool him or her. But before he pulls his child out, he sends his child to one of these costume functions in a western outfit complete with gun belt and a holstered "pistol." However, when the zealous administrator pulls on the pistol grip, instead of a barrel is a latex replica of a sex toy.

I wonder if the zero tolerance policy against weapons covers that?

spartacus2002
March 21, 2003, 09:38 PM
However, when the zealous administrator pulls on the pistol grip, instead of a barrel is a latex replica of a sex toy. I wonder if the zero tolerance policy against weapons covers that?

Well, if used properly (or improperly, depending on your perspective), I guess it would be a weapon because you sure could hurt somebody with it!!:D :D :D

TallPine
March 21, 2003, 09:43 PM
I could hurt someone a whole heck of alot more with a compass, scissors, pen or textbook than with a toy gun, are they gonna ban those next????

Probably. Who needs to study books anyway? They can all just sit around in a circle and talk about how they feel.

Standing Wolf
March 21, 2003, 09:48 PM
When I was a kid, it was okay to bring guns to school to play with during recess, but not caps.

P95Carry
March 21, 2003, 09:51 PM
This absurd Liberal ''PC'' approasch these days is so extreme ....... like (IIRC) a Canadian school where in a spelling test the word ''gun'' was banned. Sheesh.:rolleyes:

http://www.patriotnetwork.net/images/smilies/puke.gif

LostOneToo
March 22, 2003, 12:24 AM
I'm not sure who is the most idiotic, the teachers/administrators at the school or the parents for letting their children be exposed to such moronic educators!!!!!:banghead: :cuss: :fire:

cool45auto
March 22, 2003, 01:01 AM
:banghead: :cuss: :banghead:

Drizzt
May 15, 2003, 06:23 PM
Student with toy gun hauled into court; sues school district and police

Wednesday, May 14, 2003

By KEN THORBOURNE


The bright red-and-blue toy gun was intended as a logical accouterment to his bank robber’s costume.

That’s the way 11-year-old Daniel Treskunov saw things when he walked into Renaissance Elementary School on Friday, March 7, prepared for a special picture-taking session with his photography class.

How wrong he was.

At this point, the sixth-grader’s action has prompted a five-day suspension, a criminal charge filed by the Essex County Prosecutor’s office, an appearance by Treskunov and his mother in Essex County Superior Court, and a lawsuit filed against the school district and Montclair Police Department.

The fake weapon, innocently brought onto school grounds for a fun photo shoot, has left a path of destruction in its wake.
When The Times first wrote about this story a month ago, Assistant to the Schools Superintendent Kevin Salters defended the five-day suspension of Treskunov, arguing that the student had violated written school and district policy.

As it turned out, neither the district nor the school had committed to writing any rule that explicitly addresses fake weaponry.

The nearest a policy comes to addressing the issue is a clause in both the school’s handbook and district’s “Code of Conduct/Disciplinary Sanctions” that prohibits “possession of a weapon other than a firearm” on school grounds, the policy that Salters maintains Treskunov violated.

Renaissance Principal Charles Cobb said that he backed up distribution of the student handbook in his school with personal appearances in every incoming sixth-grade class, pointing out that “toy or plastic weapons” are prohibited on school premises.
Cobb said that Central Office officials made the decision to suspend Treskunov for five days.

Salters told The Times that the five-day suspension represented the bare “minimum” that the sixth-grader could have been assigned, given the infraction that he committed.

Unfortunately for the student, his family and school district officials, the matter didn’t end there.

Salters reported the incident to the local police, an obligation he said he is mandated to keep under a “uniform memorandum of agreement between education and law enforcement officials.”

On March 20, Montclair police charged Treskunov with “possession of an imitation weapon on school property,” a violation of state law, according to Deputy Police Chief David Sabagh.

To answer this charge, Treskunov and his mother appeared before a referee in Essex County Superior Court last week. According to their attorney, Joseph Fortunato, Treskunov pleaded innocent and a followup fact-finding session with a referee was scheduled for May 23.

Fed up with a matter that, in their opinion, should have ended with a conversation in the principal’s office, and has snowballed into a criminal court proceeding, Treskunov and his mother, Magdalena Nmesh, have sued the Montclair School District and the Montclair Police Department.

Last Thursday, Fortunato, a Montclair-based attorney, mailed the Board of Education and the Montclair Police Department a “notice of claim,” stating that among other things these two agencies “violated claimants’ constitutional (federal and/or state) and or statutory and/or common law rights.

“The aforesaid actions and/or omissions were caused by the careless, negligent and tortious actions of the Montclair Board of Education, Principal Charles Cobb, Superintendent Michael Osnato, Assistant [to the] Superintendent Kevin Salters, and the Montclair Police Department,” the notice states.

The notice asks for $500,000 in damages, which includes “pain and suffering, medical and/or mental health counseling expenses, and counsel fees.” Fortunato said this figure could be revised.
As of deadline on Tuesday, school district officials said they hadn’t received the notice of claim and therefore weren’t in a position to comment on the lawsuit.

Last week, Osnato told The Times that he would have been satisfied if the matter had ended with the five-day suspension of Treskunov, a punishment he be-lieved to be appropriate.

“He got some people concerned,” Osnato said about the student. “We are in a time right now when people are afraid.”
Osnato singled out the Essex County’s Prosecutor’s Office as the agency to be held responsible for Treskunov’s court proceedings.
“I can’t control what the prosecuting attorney does,” said the superintendent. “I would have been alarmed if there was a sentencing issue here.”

Capt. Nick Castello of the Montclair Police Department told The Times that he couldn’t comment on the subject since a criminal case is pending.

“I am very concerned about the law that he is charged under,” Fortunato told The Times. “We may be making a constitutional attack against the law. Clearly he did not have a criminal intent. If toys are made criminal, then only criminals will have toys,” said the attorney, paraphrasing an adage about guns.

“The charge is absurd and the statute is absurd,” Fortunato said. “We plan a vigorous defense.”

Diana Autin, co-president of the PTA Council in Montclair and co-president of the statewide Parent Advocacy Network, also believes that the school district overreacted to this incident.

“I think that this trivializes real weapons,” Autin said. “This sends a message that the school isn’t concerned about real danger. This seems punitive. If the rules don’t make sense, kids are less likely to abide by them.

“Obviously this is not a child who had criminal intent. He doesn’t pose a danger to anyone,” Autin added. “I personally think it was an overreaction to suspend him from school. It certainly it is an overreaction to have him appear in court…It shows that when you have zero tolerance, you have zero common sense.”

http://www.montclairtimes.com/page.php?page=5305

P95Carry
May 15, 2003, 06:43 PM
It shows that when you have zero tolerance, you have zero common sense.” QUITE!!!

The whole deal is agonizingly absurd .... much same category as kids being punished for drawing a gun or soldier .... or ''pointing'' a hand with finger extended.

Liberalism ''PC'' things have gotten way outa control.:banghead:

Standing Wolf
May 15, 2003, 09:20 PM
Leftists are moral and intellectual parasites—and nitwits into the bargain.

tyme
May 15, 2003, 10:13 PM
The Superintendent is on borrowed time. He seems to have sold his brain long ago, and has yet to purchase another one. One can live only so long with no brain.

OEF_VET
May 16, 2003, 02:18 AM
Does the school give kids plastic or God forbid, real, knives at lunch time? If so, couldn't that be a weapon other than a firearm? And then, wouldn't the school being aiding and abetting the commission of a crime? Not to mention contributing to the delinquency of a minor? My Lord, the school is turning our children into criminals before our very eyes, the pity! :banghead: :cuss: :barf:

Feanaro
May 16, 2003, 03:01 AM
If only assault against stupid people wasn't illegal...

Recon By Fire
May 16, 2003, 03:49 AM
Liberal Bull-Crap

Let it slide, suspending a 6th grader does nothing towards for their point. All they did was put a little kid at home with his now pissed off parents

Good Job!

foghornl
May 16, 2003, 09:34 AM
P95, your "power puker" sums it up quite well.

Hope that those parents sue them into bankruptcy....oh, wait...this is from The Peoples Socialist Republik of Noo Joisy. Never mind...... they are already morally, ethically, and intellectually bankrupt. What few dollars the parent could possibly get would only be stolen from the citize......ah subjects in NJ.

P95Carry
May 16, 2003, 05:01 PM
your "power puker" sums it up quite well Would that be this lil fella Foghornl .........

http://www.patriotnetwork.net/images/smilies/puke.gif

Does sorta ''say something'' anyways!:p

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