Copyright © Allyn & Bacon 2008 Chapter 3 Students, the Law and Public Schools This multimedia product and its contents are protected under copyright law

Copyright © Allyn & Bacon 2008

Chapter 3 Students, the Law Chapter 3 Students, the Law and Public Schoolsand Public Schools

This multimedia product and its contents are protected under copyright law. The following are prohibited by This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.of the program.


School officials are granted broad School officials are granted broad powers to establish rules and powers to establish rules and regulations governing student regulations governing student conduct in the school setting. conduct in the school setting.

These powers, however, are not These powers, however, are not absolute. absolute.


They are subject to the standard of They are subject to the standard of “reasonableness.”“reasonableness.”

Generally, rules are deemed to be Generally, rules are deemed to be reasonable if they are necessary to reasonable if they are necessary to maintain an orderly and peaceful maintain an orderly and peaceful school environment and advance the school environment and advance the educational process. educational process.


Since students enjoy many of the Since students enjoy many of the same constitutional rights as adults, same constitutional rights as adults, courts have been very diligent in courts have been very diligent in ensuring that their constitutional ensuring that their constitutional rights be protected. rights be protected.


In the landmark In the landmark TinkerTinker case, the U.S. case, the U.S. Supreme Court for the first time held Supreme Court for the first time held that that students possess the same students possess the same constitutional rights as adults and constitutional rights as adults and that these rights do not end at the that these rights do not end at the school house doorschool house door. .


Protests and DemonstrationsProtests and Demonstrations

Protests and demonstrations are Protests and demonstrations are considered forms of free expression. considered forms of free expression.

Thus, students are afforded the right Thus, students are afforded the right to participate in these activities.to participate in these activities.

As long as these activities are As long as these activities are peaceful, and do not violate school peaceful, and do not violate school rules or result in destruction of rules or result in destruction of school property, they cannot be school property, they cannot be disallowed.disallowed.


School-Sponsored NewspapersSchool-Sponsored Newspapers

Courts generally hold that a school Courts generally hold that a school publication has the responsibility for publication has the responsibility for providing a forum for students to providing a forum for students to express their ideas and views on a express their ideas and views on a variety of topics of interest to the variety of topics of interest to the school community. school community.


While the newspaper is intended to While the newspaper is intended to represent a forum for student represent a forum for student expression, those responsible for its expression, those responsible for its production should be mindful of their production should be mindful of their obligation to embrace responsible obligation to embrace responsible rules of journalism. rules of journalism.


Broad censorship by school officials Broad censorship by school officials is not permitted and is in violation of is not permitted and is in violation of the free speech rights of students. the free speech rights of students.


CensorshipCensorship

Limited reviewLimited review of school sponsored of school sponsored publications may be permitted, but publications may be permitted, but broad censorshipbroad censorship is not. is not.


Non-school Non-school Sponsored NewspapersSponsored Newspapers

Non school sponsored newspapers Non school sponsored newspapers are those not endorsed by the school are those not endorsed by the school but printed at students’ expense but printed at students’ expense away from school premises. away from school premises.

These publications may not be totally These publications may not be totally prohibited by school officials. prohibited by school officials.


Restrictions, however, may be Restrictions, however, may be imposed regarding the imposed regarding the timetime and and placeplace of distribution. of distribution.

Such restrictions are recognized as Such restrictions are recognized as conditions affecting freedom of press conditions affecting freedom of press not prohibitions. not prohibitions.


Students who are responsible for Students who are responsible for producing the newspapers are held producing the newspapers are held accountable for any libelous material accountable for any libelous material printed in the newspaper.printed in the newspaper.


Dress and AppearanceDress and Appearance

Student dress as a form of free Student dress as a form of free expression is not viewed as expression is not viewed as significantly as most other forms of significantly as most other forms of free expression. free expression.

There is, however, a first amendment There is, however, a first amendment freedom associated with it.freedom associated with it.


Dress may be regulated if there is a Dress may be regulated if there is a defensible basis for doing so. defensible basis for doing so.

However, school regulations that However, school regulations that violate students’ right by being violate students’ right by being vague, ambiguous and failing to vague, ambiguous and failing to demonstrate a connection to demonstrate a connection to disruption will not meet court disruption will not meet court scrutiny. scrutiny.


Controversial SlogansControversial Slogans

Slogans worn on T-shirts, caps and Slogans worn on T-shirts, caps and other media that are in direct other media that are in direct conflict with the school’s stated conflict with the school’s stated mission may be regulatedmission may be regulated..

Those expressions which violate Those expressions which violate standards of common decency, standards of common decency, contain vulgar, lewd and otherwise contain vulgar, lewd and otherwise obscene gestures also may be obscene gestures also may be regulated. regulated.


School SuspensionSchool Suspension

School suspension still is considered School suspension still is considered a legal form of discipline for students a legal form of discipline for students who violate school or district policy. who violate school or district policy.

In-school suspensions used by 91% In-school suspensions used by 91% of the school districts in the United of the school districts in the United States, whereas out-of-school States, whereas out-of-school suspensions are used by 95% of the suspensions are used by 95% of the districts. districts.


Procedural and Substantive Procedural and Substantive Due ProcessDue Process

There are two types of due process, There are two types of due process, both of which apply in the school both of which apply in the school setting: setting: proceduralprocedural and and substantivesubstantive. .

Procedural due processProcedural due process means that if means that if a person is to be deprived of life, a person is to be deprived of life, liberty or property, a prescribed liberty or property, a prescribed constitutional procedure must be constitutional procedure must be followed. followed.


Substantive due processSubstantive due process ensures ensures that a valid reason exists if a person that a valid reason exists if a person is deprived of life, liberty or is deprived of life, liberty or property and that the means used property and that the means used to deprive the person are to deprive the person are reasonable.reasonable.


ExpulsionExpulsion

Unlike suspension, expulsion is Unlike suspension, expulsion is considered one of the more severe considered one of the more severe forms of discipline because it forms of discipline because it involves long-term separation from involves long-term separation from the school district and in some the school district and in some instances permanent separationinstances permanent separation..


SearchSearch

Searches may be conducted by Searches may be conducted by school personnel if reasonable school personnel if reasonable suspicion is established.suspicion is established.

Reasonable suspicion is based on Reasonable suspicion is based on information received from students information received from students or teachers that is considered or teachers that is considered reliable by school officials. reliable by school officials.


Personal SearchesPersonal Searches

There should be a sense of urgency There should be a sense of urgency based on a belief that the student based on a belief that the student has in his or her possession some has in his or her possession some dangerous item that could pose a dangerous item that could pose a serious threat to health and safety of serious threat to health and safety of the student or others in the school. the student or others in the school.


Involvement of Law Involvement of Law Enforcement OfficialsEnforcement Officials

When law enforcement officials enter When law enforcement officials enter the school to conduct a search, the the school to conduct a search, the search must be preceded by a search must be preceded by a warrantwarrant..

If a warrant is issued, strong If a warrant is issued, strong evidence involving probable cause evidence involving probable cause should be establishedshould be established..


Metal DetectorsMetal Detectors

The use of metal detectors, like other The use of metal detectors, like other intrusive methods, must be justified intrusive methods, must be justified as reasonable and necessary to meet as reasonable and necessary to meet a legitimate school objective. a legitimate school objective.

In this case, maintaining a safe and In this case, maintaining a safe and orderly school environment was orderly school environment was considered a legitimate school considered a legitimate school objective. objective.


Corporal PunishmentCorporal Punishment

Corporal punishment usually involves Corporal punishment usually involves the use of physical contact for the use of physical contact for disciplinary purposes. disciplinary purposes.

Corporal punishment as a disciplinary Corporal punishment as a disciplinary tool is not uncommon within school tool is not uncommon within school systems in the United States. systems in the United States.


Classroom HarassmentClassroom Harassment

Classroom harassment is a form of Classroom harassment is a form of sexual discrimination based on the sexual discrimination based on the U.S. Supreme Court’s ruling in U.S. Supreme Court’s ruling in Davis Davis v. Monroe Co. Board of Educationv. Monroe Co. Board of Education. .

School officials are liable if they are School officials are liable if they are clearly unreasonable and deliberately clearly unreasonable and deliberately indifferent toward the alleged indifferent toward the alleged harassing conduct.harassing conduct.


Pregnant and Married StudentsPregnant and Married Students

The courts have generally held that The courts have generally held that pregnant and married students may pregnant and married students may not be denied the opportunity to not be denied the opportunity to attend school. attend school.

The basis for the court’s position is The basis for the court’s position is that these students must be afforded that these students must be afforded equal protection under the law, as equal protection under the law, as well as due process of law. well as due process of law.


Married StudentsMarried Students

Married students have the right to Married students have the right to attend public schools. attend public schools.

Any rules designed to exclude Any rules designed to exclude married students from attending married students from attending school are invalid and in violation of school are invalid and in violation of their Fourteenth Amendment rights—their Fourteenth Amendment rights—namely equal protection under the namely equal protection under the law. law.

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Copyright © Allyn & Bacon 2008 Chapter 3 Students, the Law and Public Schools This multimedia product and its contents are protected under copyright law