Re: Supreme Court Seems Poised to Okay Schools Strip-Searching 13-year-old for Ibuprofen; also, Stephen Breyer needs to stop rewatching that scene in “Porky’s”

Me:

Children can and do administer over-the-counter and prescription drugs to themselves in homes, libraries, stores, museums, parks, and just about every single other institution that they encounter in their daily lives, with the sole exception of schools.

PG:

Homes have parents.

I don’t know about you, but sometimes when I was 13 years old, I was at home when my parents were not. Sometime I even took an Advil when they weren’t around, and without having checked with them first.

Children in libraries, stores, museums and parks generally are attended by parents.

I think you’re underestimating the amount of time 13 year olds spend outside of immediate parental supervision. But even if you weren’t, I don’t know what I’d be expected to infer from what you say here. If, when parents are around, 13 year olds aren’t generally subjected to zero-tolerance policies where they absolutely cannot consume prescription or even mild OTC drugs except through the mediation and supervision of their parents, then that would seem to indicate that the school’s policies are out of touch with what responsible 13 year olds are able to do, and in fact do, outside of the school. Which was my point.

Moreover, librarians, storekeepers, docents and rangers never have been deemed to stand in loco parentis. Schools have been, which is why you see this exception.

I’m aware of the legal reasons that government schools have felt compelled to adopt this kind of policy. But I think that’s an explanation of the policy, not a justification of it, and it is absolutely not a justification of using invasive and sexually humiliating methods to ensure that it is rigidly enforced.

As for standing in loco parentis, I think it’s a funny sort of justification for imposing policies that are far more invasive and busybodying than the practices of actually-existing parents. Of course, I know the legal reasons why this is so (specifically, the threat of a lawsuit), but that’s a good reason for dealing with the out-of-whack legal situation, not a good reason for anti-ibuprofen policies.

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