Student Rights and the Public Schools School Law EDUC 509

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Student Rights and the Public SchoolsSchool
LawEDUC 509
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Standards of School Officials

• School officials have broad powers to establish
  rules and regulations for the orderly conduct of
  students
• The standard is not absolute
• Reasonableness is the guiding principle
• Reasonableness is deemed as those rules necessary
  to maintain an orderly and peaceful learning
  environment
• Rules must not be so broad or vague as to allow
  for arbitrary or capricious interpretation
• Flory v. Smith
• Only fair and reasonable exercise of
  administrative authority will withstand scrutiny

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In Loco Parentis

• In place of parentis
• Allows school officials to act reasonably in
  place of and on behalf of parents
• This school authoritys jurisdiction is limited
  to functions and activities of school functions
  and activities

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Freedom of Expression

• Cases often include
• Political and religious expression
• School newspapers and censorship
• Curricular
• Extra Curricular
• Non school sponsored
• Dress and appearance
• Gang affiliation
• School officials must strike a balance between
  the rights of students and the and the safety of
  students
• Students have a right to know what is prohibited
  but courts do not require unduly lengthy or
  specifically detailed rules

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Political and Religious Expression

• To ban political, religious or other expression
  the administrator must
• Be able to show that the speechs prohibition
  was not caused by a Mere desire to avoid
  discomfort or unpleasantness that always
  accompany unpopular expressions
• To ban speech, vocal or symbolic, the
  administrator must demonstrate that
• Material interference or a substantial disruption
  of the education did or would have likely
  occurred
• School officials must be able to show that the
  banning of speech was something more than mere
  desire to avoid discomfort
• Students do not leave their constitutional rights
  at the school house door

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Tinker v, Des Moines Ind. C.S.D.

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

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Inappropriate Educational, Political and
Religious Expression cont.

• Students do not have the right to be
• Discourteous,
• Cause a general breakdown of discipline,
• Damage property of the school or other students
  or
• Cause confusion
• Make lewd or obscene comments or gestures
• Supreme court defines obscenity as material or
  speech that portrays hardcore sexual conduct
  specifically described by state law and lacks
  serious literary artistic, political,or
  scientific value
• Material or speech must be age appropriate and
  not be harmful to thee group involved
• Disrupt the educational process

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Bethel School Dist. No. 403 v. Fraser

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

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School Newspapers

• Curricular - Student written, school sponsored
• Greatest school control
• Extra curricular student written , school
  sponsored
• Less school control
• Student written and student sponsored outside
  school
• Little school control except with the
  distribution process

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Hazelwood v. Kuhlmeier

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

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Faculty Sponsorship

• Responsibility is to provide advice with respect
  to form, style and grammar and related laws
  concerning appropriateness of material
• Sponsor must recognize that the final decisions
  for printed materialrest with school editors
• Students should be able report on the news and
  editorialize and the final decision on news and
  to editorialize.
• The final decision for printed material rests
  with the student editors

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Faculty Sponsor

• Editors and advisors should be able to report the
  news at any time.
• Faculty sponsors are protected from being
  disciplined if a story is published and it is
  distasteful to school officials.
• Administrative Review
• Limited review is allowed if a school financed
  newspaper is involved and a policy exists
  spelling out the time, extent and the issues of
  review

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Student Editor Responsibilities

• No material which is libelous, vulgar, obscene or
  mocks others based on race, origin, sex, color or
  religion
• In newspapers produced by students as part of the
  curriculum, school officials may regulate content
  that is inconsistent with the basic educational
  program of the school or inconsistent with the
  basic educational mission
• Newspapers that are part of he curriculum do not
  enjoy the same 1st Amendment rights of outside
  the curriculum produced papers

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Nonschool-Sponsored Newspapers

• Papers produced off the school premises may not
  be completely prohibited by school officials.
• Rules concerning the time and place of
  distribution can be enforced
• Distribution can not create a material
  interference
• I the paper is clearly obscene, libelous or
  leads school officials to forecast a material
  interference or a substantial disruption,
  distribution can be stopped.
• The school does not assume any responsibility for
  the papers content

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Censorship

• Limited review of school papers is generally
  acceptable but broad censorship is not
• Courts generally hold that criticism of school
  policy or school practices is permitted, but
  material that makes personal attacks on school
  personnel can be censored.

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Discipline and Student Rights(Due Process)

• 14th Amendment
• Due process
• Life, liberty, property w/o due process
• Property tenure, fape Equal protection
• Fundamental Rights
• Liberty-reputation

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Due Process

• A state may deprive life, liberty and property if
  due process is provided
• Substantive Due Process
• Does the punishment fit the infraction?
• Is it reasonable?
• The punishment must be in proportion to the
  gravity of the offense
• Procedural Due Process
• Was student given proper opportunity to state
  his/her side of the infraction.
• Were procedures followed
• As the punishment becomes more severe, the level
  of due process required increases

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Student Discipline

• Suspension (Out of school)
• Goss v. Lopez
• Rudimentary(basic)Procedural due process
• When government is taking an action that may harm
  a persons good name, reputation, honor or
  integrity an appropriate level of due process is
  due
• Student must be informed of charges
• Student must be given opportunity to reply
• Opportunity for hearing must be given
• All must be done in writing, certified mail
• Infraction usually should not be directly
  related to a handicap
• Suspension (In school)
• Linwood v. Peoria BOE
• Without educational program for a prolonged
  period out of school suspension

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Student Discipline

• Expulsion
• Both sides must be allowed to present their sides
  of the story in detail.
• Dixon v. Alabama
• Fundamental fairness
• Due v. Florida A M
• Infraction must be severe
• Notice in writing of charges and the nature of
  evidence.
• Opportunity for hearing with unbiased individual
• Substantial evidence be present before
  disciplinary action is taken

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Corporal Punishment

• Absent state or local restrictions, common law
  gives the teacher the right to administer
  reasonable corporal punishment
• Includes paddling and other forms of inflicting
  discomfort to a students body
• Must not be administered in anger
• Must not inflict lasting injury
• Courts are in contradiction concerning C.P.
• States are in contradiction concerning C.P.
• Surprisingly, courts rule more often in favor of
  the teacher
• C.P. can often leave teacher open to assault and
  battery claim even in states where it is still
  allowed
• Assault placing an individual in fear of
  physical harm
• Battery Inflicting physical harm on an
  individual
• Ingraham v. Wright

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Student Searches

• Search and seizure
• Fourth Amendment unreasonable search and seizure
  must be balanced against In Loco Parentis
• The students rights concerning unreasonable
  search and seizure must be weighed against the
  schools official's need to maintain a safe and
  orderly educational climate.
• New Jersey v. TLO(Case)
• School officials must have a reasonable suspicion
  and not probable cause
• Balance of interests
• Student rights and school safety

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New Jersey v. TLO

• Name and jurisdiction
• Facts
• Issue
• Finding
• Court rationale
• Implications for schools

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Searching Students Person

• Reasonable Suspicion of rule being broken
• As search becomes more evasive the burden of
  proof approaches the probable cause
• Courts have found that requiring school officials
  to gain a warrant would unduly restrict school
  officials ability to maintain orderly atmosphere.
• Body searches should be done and witnessed by
  school officials of the same sex (Very evasive)

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Searching Desks and Lockers

• Courts or mixed on school officials ability to
  conduct blanket search of desks and lockers
• Schools should notify students and parents in
  writing that desks and lockers are the property
  of the school and , therefore, may be searched at
  any time to assure proper conformance with school
  standards regarding their use
• Courts have given wide discretion to school
  officials in searching school property

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Searching Automobiles

• School officials may under certain reasonable
  suspicions conduct auto searches if the auto is
  parked on school property
• Probable cause is require for autos on non school
  property
• A search must be justified at its inception and
  reasonably related to the scope of circumstances
  which justified the interference in the first
  place.

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Puppy searches and Busts

• Canine Searches
• Tell students in handbook that lockers are school
  property and may be searched
• Have reasonable suspicion of a mass disregard for
  school rules
• Avoid indiscriminate search of all students
  unless you have reasonable suspicion that
  all(most) students are possessing drugs, weapons