Originally posted by rpm 
You and I both know the difference between being in attendence and being absent from class. He was absent from class. The school made no attempt to punish him for his attenance status. He was not considered truant.
The fact you want to spin away from the core of the debate only shows your arguement's weakness.
Have any of you read the oral arguements? 
 Have you?
 JUSTICE KENNEDY: So under your view, if the  
principal sees something wrong in the crowd across the 
street, had to come up and say now, how many here are 
truants and how many here are -- I can't discipline you 
because you're a truant, you can go ahead and throw the 
bottle. 
 MR. MERTZ: No, I don't think she needs to 
do that in the heat of the moment. But later on once 
she's discovered the true facts, then at that point I 
think she loses a basis for punishing him as a student 
if he was not there as a student. 
 JUSTICE SCALIA: Because you're both a 
truant and disrupter, you get off.
Had you been just a 
disrupter, tough luck.