Lawsuit: Child Harmed, Humiliated by School Bathroom Policy

Why would a school bathroom policy be implemented that denied basic student needs? Because students are for schools, not vice versa.

According to a mother, her ten-year-old girl is constantly having accidents now, after she basically injured herself trying to force her body to accommodate school policy.

The video above and the print version of the story at the local Fox 5 affiliate both end the same way:

A San Diego Unified School District representative said no one from Loma Portal Elementary could comment because it is spring break, but the safety and health of students is the school’s top priority.

The growth of the power and wealth of the members of the teacher’s union is the school’s top priority. Everyone knows it. The students are for the school, not the school for the students. Otherwise, teachers would never have been permitted to unionize in the first place.

I am not saying that the teacher or principal in this case were malevolent. I’m simply pointing out that student bathroom needs were disruptive to what the teachers wanted. They didn’t decide to hurt school children. They merely assumed that the children would be fine and never considered the possibility that they would be hurt. That is because, “the safety and health of the students” is nowhere near “the school’s top priority.”

Attorney Michael Jeandron said the suit stems from Loma Portal Elementary School’s bathroom policy, which he said has since been lifted.

“Beginning in the 2013-2014 academic school year, Loma Portal Elementary School Principal Glenda Gerde created and enforced a restrictive restroom access policy. Students who exceeded the allotted two passes would not be allowed to use the restroom. Some students were punished with detention if they exceeded their two restroom passes,” Jeandron said.

Thursday, Jeandron filed a civil lawsuit on behalf of his clients, Jamie Barkley and her 10-year-old daughter.  Barkley said the strict bathroom policy was both emotionally and physically painful for her daughter.

“I brought her to the ER, which the doctor suggested, and they did an X-ray and found that she had a blockage of fecal matter up to her ribcage and they had to go in with tubes in her rear end and kind of do an enema,” Barkley said.

Since the procedure, Barkley said her daughter has lost control of her bowel movements and leaks feces without realizing it at times.

“She doesn’t get to do all the things she used to do, like jump on a trampoline because it comes out and she’ll come to me and say, ‘Mom I had an accident. I don’t want to go on the trampoline anymore,’” Barkley said.

According to parents, that child is not the only one having ongoing issues (no pun intended) that were caused by the restrictive bathroom policy.

[See also, “More, Who Can Afford To, Are Leaving Public School.”]

You can say that this is only an anomaly, but how do you know? What if the school had made students suffer, but not to the point that a medical condition was created? Would that be acceptable?

So how do we know how often this kind of thing is happening, only not quite so bad?

The ingredients are in place. You have a group of unionized government workers who demand that all the school children in a regional area be gathered into the school. Then you demand order in that school. What are the chances that such an environment is going to encourage attention to the individual needs of each student?

I think the chances would not be good.