To me, the basis of the Fastback 317 is to emphasize the First and Fourth Amendments of the Unites States Constitution and how they apply to students in the educational environment. The cases referred to in the book are informative because they illustrate the boundaries for teachers and student boundaries both as an individual and as a citizen of the United States. In my opinion the case that holds the most significance for a teacher was the case of New Jersey v T.L.O. This dealt with the processes of search and seizure within the educational institute itself. T.L.O. set precedence that the Fourth Amendment rights do apply to students. This case also stated that school officials are not to act in loco parentis but as state officials. As a prospective teacher, I need to be aware of school policies and procedures concerning search and seizure in order to protect myself as an individual. The court established a standard that is called the reasonableness standard, which is two pronged-reasonable suspicion and reasonable scope. In fact, as a school employee, I have unknowingly violated the search and seizure precedence on various occasions for minor infractions by students by reaching into a student?s book bag and removing a bottle of soda while it is on his person and telling him that it is not allowed on the bus. The Tinker v Des Moines Independent school district (1969) also interested me. In this case, three students were suspended for wearing black armbands to protest the Vietnam War. The court held that the school district was in violation of the students? First Amendment rights. The court specifically stated, ?Students do not shed their constitutional right to freedom of speech or expression at the school house gate.? (Rossow, Hininger, pg. 8).
The Term Paper on Jan 2002 Students School Student
... In some court cases or public meetings, teachers or the school board represents students. Those few non-students are in control ... Dorian ne. "School Searches of Students and Seizures of Their Property." School Violence and the legal rights of Students: Selected Issues. ... teachers cannot remove rights of students. The Supreme Court stated this:" It can hardly be argued that either students or teachers ...
However, this precedence did not give students the right to disrupt or disrespect their peers, teachers, or learning environment. In this case, I found that as long as a student is protesting something that pertains to social, political and economical issues without disrupting the learning and development that occurs in the classroom environment that it needs to be permitted by the school officials. Even though Tinker v Des Moines Independent School District (1969) made known some important issues that pertained to the First Amendment rights of all students, Bethel School District 403 v Fraser (1980) clarified issues in the Tinker case. In this case, a student gave a speech for a fellow student, who was running for school office, which contained numerous sexual innuendoes. The school took action by suspending the student for three days and barred him from speaking at the graduation ceremonies. In turn, the student sued the school district. The court found in favor of the school; it maintained that the public school itself has an important role-instilling a respect for civility of public speech. It also made clear that schools are to judge the appropriateness of student speeches and not the courts. In dealing with the students? First and Fourteenth Amendment rights, there is yet another court case specifically dealing with student publications. This case is Hazelwood School District v Kuhlmeier (1988).
The case deals with journalism students and what the students wanted to publish in the local school paper and the principal who would not permit the articles to be printed. The articles dealt with teenage pregnancy and parental divorce. The principal omitted these two pages from publication, because he felt those specific students and students? families written about would be exploited. The court decision held that the newspaper was intended as a learning experience for the journalism students and that no public forum was created. It must be noted that the court case of Cornelius v NAACP Legal Defense and Education Fund, said that control over the non-public forum can be based on the specific subject and personal identity and neutral views. When discussing students? initiated religious activities, we need to be aware of one court case and a congress that passed an equal acceptance act giving insight to the issue of separation of church and state. In the Supreme Court case Board of Education of the Westside Community Schools v. Mergens (1990), that the court held the decided that the Equal Access Act was constitutionally implying that separation of church and state was maintained by the school if the student understood that school was not indorsing religion.
The Essay on School Choice: Public Education Vs. Home School
School Choice: Public Education vs. Home School When Americans think of education, they almost automatically think of public education. Through the years, it is slowly changing. Many parents today are deciding to home-school their children. Although most people think that a public education is better, most statistics and facts tend to show that home schooling is beneficial in more ways. It is ...
The Mergens? decision made the school tighten their policies regarding school-sponsored clubs. In order to protect themselves, the schools devised plans to sanction only curriculum-based clubs, i.e. science class, science club, Spanish class, Spanish club, etc. Another alternative is for the school to schedule all club meetings during school hours. When dealing with special education students, the courts have given school authorities specific measures when dealing with misbehaviors. This topic was covered extremely well in the Exceptional Learner college course that I took this past summer. The IEP (Individualized Education Program) consists of the student?s educational performance to date. These programs are set up collaboratively with parent, teachers, special education staff, and district representatives of the Special Education Programs, and, when deemed necessary, the student. The IEP creates a set of standards, goals, special handicaps, behavior problems, and procedures on what to do if a problem should occur. If there are no discipline measures mapped out in the IEP, misbehaviors by the Special Education student are to be dealt with on the same level as that of a mainstream student, i.e.
timeout, detention, and expulsion as written in the student code of conduct or as stated in the student handbook. It is the teacher?s job to know which students have an IEP and what she/he needs to do to make sure he/she is in compliance with the IEP when disciplining or even assigning students homework. A teacher needs to be aware of the definition of expulsion and suspension as they pertain to students with IEPs. Suspension is exclusion from school up to 10 days. Expulsion is exclusion for more than 10 days, which is a change in education placement that involves the EHA and the Rehabilitation Act. Schools that receive federal funding have additional requirements placed on them due to the enactment of Public Law 94-142, the Education of All Handicapped Children Act (EHA) in 1975. One of the major changes is that the handicapped child and his parents are to be notified of any change in the student?s educational placement. In the court case of Stuart v Nappi, the ruling was that the IEP team must meet to consider the child?s need before an expulsion or the change of placement of the handicapped child takes place. In the Honig v Doe (1988), case the district court clarified the EHA?s ?stay-put? provision, which states that handicapped students may not be unilaterally excluded for dangerous conduct resulting from their handicap and must remain in the current educational placement while their program is being reconsidered.
The Essay on Circuit Court Evidence Cases Heard
Process of Law A law trial begins when a party brings suit against another party, or several parties. A request for jurors is sent out, and a list of possible jurors is created. The defendant (s) for both parties may now filter out jurors through the list, in two different ways. The first, For Cause, means a juror is dismissed because they are or were employed by or related to one of the parties. ...
Here are the guidelines that an educator should comply with when considering a suspension or expulsion of a handicapped student: 1. The use of expulsion as a means of changing placement must be made after a team of experts considers the child?s needs. 2. Expulsion is a change of placement. 3. Handicapped students may not be excluded for more than 10 days without exhausting the due process procedures of the EHA, except where extreme dangerousness is proven to the court. 4. For suspensions of more than 10 days, additional procedures should be followed: An IEP team must determine if the student?s behavior is related to the handicap, if so, the IEP must be revised to reflect the change of placement. When the behavior is not related to the handicap, then the school officials are to follow the same procedures established for regular students. 5. In an emergency when the student is endangering himself or other, the school has the authority to remove the child from school immediately. The IEP team must convene as soon as possible after an emergency removal to determine further appropriate action. The local district?s due process must be followed. 6. Discipline problems that an IEP team is able to anticipate may be addressed on an individual basis in the child?s IEP (pg 30-31).
The Essay on Summary of Special Education Laws and Court Cases
Board of Education v. Rowley1982Individual plan & supportive services. A program of a special child is compared to the program of a none disabled for appropriateness. Abrahamson vs. Hershman1983If residential placement is required, school must provide it via district funds Dept of Ed. vs. Katherine D1984Home bound is not LRE [Least Restrictive Environment], receive medical services Irving ...
When dealing with expulsion and suspension of regular students, the court case of Goss v Lopez (1975) placed limits on school administrators. The U.S. Supreme court held that before for a student could be suspended he must be given verbal or a written statement of the infraction, an explanation of all the evidence the infraction was denied, and a hearing where the student would be allowed to verbalize his side of the story. These are the requirement of a short-term suspension of 10 days or less. In the case of a long-term suspension, this is usually in the school district jurisdiction and the state statues will control the procedures. The major difference is that a written notice must be sent to the parent by registered or certified mail, and as the book states, you might also want to send one by regular mail in case of refusal to receive. The notice should contain this information. 2. The specific charges against the student; 4. The nature of the evidence supporting the charges; 5. The date, time, and place where the hearing will be held; 6. A copy of the procedures that will be followed at the hearing; and 7. A reminder of the applicable rights for the student and parents, which may include right to counsel, a copy of the hearing transcript, and a presentation of witnesses and cross-examination of hostile witnesses (pg. 36).
There are two common errors when dealing with suspension, and they are not giving the student due process or too much due process and the other is treating the suspension like a criminal trial. These standards do not apply in a school setting because it is an administrative process. There is still one issue that needs to be discussed and that is drug testing. Urinalysis testing has not been a method of choice by the courts and that is because it is the equivalent of a nude search as noted in the case of Odenheim v. Carlstadt-East Rutherford Regional School District and again in Anable v. Ford due to the necessity of students disrobing in the process. It was also found that the school board policy provided for suspension of students who were found to be positive. Urinalysis can be used if it is done in a way that does not strip a student of his/her dignity and it has to meet the standard of reasonableness as in the case of Schaill v Tippecanoe School Corporation. Students were allowed to go into the bathroom where the toilet water had been colored and do the test with a monitor standing outside the door. The parents were required to sign a consent form that was provided by the school board.
Parents For Public Schools
Parents for Public Schools Today, the push for more accountability of student performance changed how assessment will be measured and judged in public schools. Not only will students be assessed through test scores, but also through attendance, school work, and observations. Parents hold the schools responsible for the advancement of their students' knowledge. Different tests are given to measure ...
The school had also made up a list of consequences that would be implemented for positive test results. The reasons that the court decided that the testing was reasonable was because of the drug problems in the school. It also stated that because it was given to athletes the level of privacy was decreased, students were given prior knowledge of the test, and the results of the test were not going to be used as evidence. There are many other court cases dealing with drug testing of high school students, and they all tend to have different opinions and rulings of what is acceptable and what is not. I feel that a school should weigh all the consequences before implementing a drug-testing plan. In conclusion, I find these court cases to be informative when dealing with students and their First, Fourth, and Fourteenth Amendment rights. I feel it to be in the best interest of all teachers to be current on court cases that deal with teachers, students, and their rights. Keeping current on these laws and court cases provides substantial information and justification for both teachers and school districts when dealing with freedom of speech, student publications, search and seizure, and discipline of Special Education students, to name a few. The one thing in this book that was new and informative to me was the reasonableness standard and reasonable suspicion.
