2010-03-20 CNN
PHILLIPS: Jason Carroll now joining us live from New York. Jason, what criteria is the court likely to look at when trying to reach a decision on this?
CARROLL: Well, Kyra, when we speak to these legal experts about this they all agree that they'll probably be looking at some of the same evidence they looked at when they were addressing this issue in 2005.
They looked at a lot of empirical evidence, scientific evidence basically showing that juveniles are less able to sort of manufacture in their brains what they're doing when they're doing something wrong unlike an adult. So they'll likely be looking at evidence like that when they're trying to come up with a decision this time around.
PHILLIPS: So, you remember when you were in sixth or seventh grade, a tween or early teen? For better or worse, what others thought about you was starting to become more important, wasn't it?
PHILLIPS (voice-over): So, how would you like it if the principal put your name on a list, put a big fat "F" next to it and then posted it outside his office for all to see. Well, that's what a middle school principal in Wisconsin did. Basically, shamed every child with a failing grade. You fail; you can't go to the school dance. So, Mr. Schoepke (ph), what were you thinking?
DAVE SCHOEPKE, PRINCIPAL: What the kids have known for quite a long time is that if they have their names on a failing list, at a natural grading period, they do not have An opportunity to go to a dance or field trip or something like that. Their privileges are gone.
JAMES KRIER, PARENT: You should notify the parents. We're the people that are backing the kids, and it's not up to him to post their grades and make -- how is that going to help? He's going to run them down to the ground even further.
SCHOEPKE: I also told the kids once you get that stuff turned in and we can get you taken care of off the list today, then you'll be eligible going. I think we're probably about halfway through our list, and we probably have half of those kids already getting homework turned in and assignments turned in and projects turned in, and so this failing grade will go away.
PHILLIPS: Oh, yes. And they are totally humiliated, too. Effective or not the school district superintendent told a TV station in Lacrosse that the "F" list violates student privacy rules and it won't happen again. There's some good news to report.