Student Rights and Restrictions in Public

EducationEDAD 622

Chapter 3 PresentationCindy RoosRandy Lowe

"Nuggets"

• Freedom of Expression

• Search and Seizure

• Corporal Punishment

• Classroom Harassment / Off Campus Behavior

• Due Process

• School Suspension / Expulsion

Freedom of Expression

• Originates from the 1st Ammendment: Individual have the freedom of speech, press, assembly, and religion.

• Schools had very extensive control of students right to express themselves.

• In 1969, students wanted to express themselves opposing the Vietnam War by wearing black armbands.

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Results

• Administrators in the school district warned students about wearing the armbands.

• The students wearing the armbands were suspended.

• A lawsuit was brought to the courts: Tinker vs Des Moines

Tinker vs Des Moines

• This case passed stating that students are allowed to express themselves as long as the form of expression does not interfere with the learning process.

• This brought upon another issue in Mississippi.

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What happened?

• In this case, students were handing out political buttons in support of their politicians.

• Students that were opposed to the buttons were bullied and/or harassed by the supporters.

• Administrators took action and banned the buttons.

Blackwell vs Issaquena County Board of Education

• The U.S. Supreme Court sided with the school district because the "button pushers" were infringing on the rights of the other students.

• The buttons created a disruption in the classroom and learning process.

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Another Incident over the 1st Ammendment

• In Alaska, students were allowed to be dismissed from school to attend the Running of the Olympic Torch Ceremony.

• At one point, a student held up a banner saying "Bong Hits 4 Jesus".

• Immediately the principal removed the banner.

Morse vs Frederick

• The incident was brought to the Supreme Court, because the student claimed his rights to freedom of expression were violated.

• In a ruling of 5-4, in favor of the school district. The action taken by administration was upheld.

• It was felt that the message from the student contradicted the mission of the school district and its drug policy.

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Legal Clip: High School Cheerleaders v

Kountze ISD Texas State District Court 5/28/13

• High School Cheerleaders of the Kountze school district in Texas wanted to write bible themes on banners during sporting events.

• The school district wants clarification on religious expression during school sponsored events.

• District Judge Steven Thomas ruled that the student's freedom of expression is protected.

Search and Seizure• Based on the Fourth Amendment to

the Constitution: Provides protection of all citizens against unreasonable search and seizure.

• The difficult question is what constitutes a "reasonable search?"

• What is reasonable will depend on the context within which a search takes place.

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• Reasonable means reliable and credible.

• The scope of the search must be limited to the incident at hand.

• Lockers and student desks may be searched if there is reasonable suspicion because they are the property of the school.

• If a locker or desk is searched, at least one other adult should be in attendance with the student. There also can be another student present if he/she wishes.

"Reasonable" Suspicion

New Jersey v. T.L.O. (1985) Page 64

Two students were smoking in the bathroom. When the principal searched one girl's purse he also found rolling papers, marijuana, a pipe, plastic bags, cash, and implications that the girl was dealing. The student's parents moved to have the evidence suppressed due to the absence of a search warrant (based on probable cause).

In 1985 the Supreme Court ruled that requiring a warrant before a search would interfere with the need for a swift, informal procedure.

Instead of requiring probable cause in order to obtain a search warrant, the U.S. Supreme Court's ruling was based on reasonable suspicion.

Personal Item Searches

1. Personal items such as bags, pockets, wallets and automobiles are complex and somewhat intrusive.

2. "Reasonableness" must lead to probable cause (based on facts)

3. Policies should state if there may be random personal searches for district protection.

• In Desilets v. Clearview Regional Board of Education (Page 67), a student's bag was searched before a field trip. The parents brought the matter to the courts but due to the facts, the courts moved in favor of the district. The student and parent had prior knowledge of the search!

Intrusive Searches • Avoid intrusive searches if possible.

• If you must proceed, the search must be done in private with someone of the same gender.

• Parents should be notified of the search, evidence, and the outcome.

• You must have significant evidence to establish reasonable suspicion and justification.

• THIS IS A LAST RESORT!

• Cornfield by Lewis v. S.D. #230: Strip-search case in favor of district. Details found on page 69-70 in book. (Student was asked to put on a gym uniform and a visual inspection took place.)

Law Enforcement• If law enforcement is involved with a search there must be a

warrant, therefore, probable cause!

• Parents or legal guardians must be notified if there is a warranted search.

• If they cannot be reached, every effort must be put forward in order to reach them.

• A school official should accompany the officer if a parent is unavailable.

• The use of canines should be avoided unless there is sufficient evidence. Check your policies and reasons!

Legal Clip: Burlison v. Springfield Public School

8th Circuit. March 4, 2013

The local sheriff's department brought in 2 drug dogs and entered a random classroom on school grounds. Students waited in the hallway while the dogs searched the room. After a few minutes the dogs were done and nothing was reported. No backpacks or belongings were searched.

One student thought that his backpack was searched and his parents filed suit. All claims were dismissed at district court.

The parents appealed. The 8th Circuit panel affirmed the district court's decision. The principles of the T.L.O case were used: No warrant needed, reasonableness.

Corporal Punishment

• It is defined as the use of physical punishment in public schools.

• Interestingly, 20 states still legally allow corporal punishment. Can you guess which ones? page 78

* Alabama passed a teacher immunity bill to protect teachers that use corporal punishment.

Risky Business

• The use of corporal punishment has brought upon many controversies of excessive use.

• In states that permit corporal punishment, parents do not have the authority to deny corporal punishment for their child.

Legal Clips: SPLC v Jackson Public

Schools Mississippi Mississippi District Courts 4/19/11

• The Southern Poverty Law Center is filing a suit against the Jackson Public Schools for excessive use of restraints on students.

• According to the claim, 5 to 10 students were restrained for an extended period of time.

• Limited use of restraints for safety risks of students is allowed, but anything over the standard of the state policy, schools can be held liable

Classroom Harassment / Off Campus Behavior

• Classroom Harassment is a form of sexual discrimination.

• Off Campus Behavior involves a behavior that occurs outside the school property.

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Legal Clip: Pruitt v Red Wing School District 8th Circuit August 2011

• Students of the Red Wing School District participated in a "Wangsta Day" celebration during homecoming week. The activities included dressing up in the stereo typical "urban" lifestyle.

• Some students took offense to it and reported being bullied based off of the color of their skin. A suit was filed because the district failed to take adequate steps to stop the activities.

Legal Clips: Anoka-Hennepin School District Online Bullying 8th Circuit Courts March 2012

• The Anoka-Hennepin School District received notice of online bullying by a group a students.

• Some messages were posted on Facebook that a few students should "kill themselves".

• The matter has been immediately investigated because of 6 suicides in the past 2 years in the district.

• 10 Coon Rapids High School students have been suspended for the online behaviors.

Anoka-Hennepin Response:

Due Process• Fifth Amendment clause applies to the Federal

Government while Fourteenth Amendment applies to the states.

• All citizens are entitled to a due process based on fairness.

• Four aspects of the due process law:o Procedural

o Substantive

o Vagueness Test

o Presumption Test

• The tests are used by courts in addressing discrimination.

Procedural Due Process

• Specific steps that are followed for fairness before actions are taken.

• Due process is designed to prohibit arbitrary and capricious actions.

• Since public schools are state agencies, the Fourteenth Amendment applies to the operation of schools.

• The procedural and substantive processes are applied most often in suspension and expulsion cases.

Barnes v. Zaccari• Barnes was protesting a university parking garage

project in Georgia.

• He was expelled without a hearing.

• Barnes filed suit against the university president

Zaccari for violation of due process.

• Barnes won the case by a federal jury including $50,000.

• Zaccari stated that he acted out of protection due to a shooting that happened one month earlier.

• There is no word if the case will be appealed.From Student Press Law Center

Substantive Due Process

• Substantive due process ensures that a valid reason exists before an individual is deprived of a liberty.

• Both procedural and substantive requirements must be met to meet basic fairness requirements.

• Examples: o How people are placed on trial: Procedural

o What kind of control officials can have over individuals: Substantive

o Students will not be involved with arbitrary acts by school officials: Substantive

Vagueness Presumption• Doctrine stems from 14th

Amendment for fundamental fairness

• Example:o Student should not be

penalized for behavior that he/she does not understand is prohibited.

• This standard restricts the power of the state to deprive an individual of a right or property without sufficient evidence.

• Example:o Right to remain silent.

o Right to a jury.

o School leaders must have a basis before they move forward with measures to deprive a student of fundamental liberties.

Gault Case: Arizona. 1967

• Gault was found guilty of making an obscene phone call. He was a juvenile.

• An adult would be charged a $50 fine.

• Since he was a minor he was instructed by the court to attend a state reform school for up to 6 years.

• The U.S. Supreme Court ruled that he did not receive due process and that the AZ law contained deficiencies and overturned the verdict.

• "Where a substantial penalty is involved, a juvenile, like an adult, is entitled to due process of law." (U.S. Supreme Court, Page 85)

School Suspension• Require that substantive and

procedural provisions of due process are met.

• In Re Roberts (2003), (Page 87)o School district denied a student due process by

not allowing him to have an attorney present at a sexual harassment hearing as stated in the district policy.

o The student was found in violation of the sexual harassment policy.

o Both the trial court and court of appeals ruled in favor of the student due to not having hearing rights for a long term suspension.

o The State Supreme and U.S. Supreme Court dismissed the board's appeal.

Legal Clip: S.J.W. v Lee's Summit

R-7 School District

No. 12-1727 (W.D. Mo. Oct. 17, 2012)

8th Circuit Court of Appeals ruled that a federal district errored in their decision to give two students an injunction to bar a school district from suspending the students for posts to an online blog. The posts were offensive and mentioned other students by name.

The students were suspended from school for 180 days and allowed to attend a different school. Due to the injunction, they returned to their high school and have not finished the suspension as to date.

The panel analyzed the case and applied the Tinker standards. After analysis, the court decided that the district court's findings did not support the relief that was granted.

The panel found that the students will not likely succeed with a free speech claim because the posts caused substantial disruption. The court also found that there was no irreparable harm in order to justify a preliminary injunction.

Expulsion• Expulsion deprives a student the right to be at

school, therefore it must include a formal hearing where the student receives Fourteenth Amendment rights including due process and equal protection privileges.

• Schools can suspend or expel a student for engaging in unlawful activity on or off school grounds if it interferes with education or protection is needed.

• The school board is the only body that can expel a student.

Dixon v. Alabama State Board of Education (1960) Page 89

Students at A.S.U. took part in off campus demonstrations at a privately owned cafeteria in the county courthouse.

Students were expelled without a hearing based on their violation of student standards of conduct. They were expected to act properly like ladies and gentlemen.

The court ruled in favor of the students stating that they hold a right for a fair due process.

The Dixon case is the first time that public

school administrators were challenged for

arbitrary decisions without acting in

fairness to students.

Wood v. Strickland Page 89

Students mixed beer with soda and

served it at a school function. The board

expelled the students for three months. The board did not invite the students or parents into the meeting and did not prove that the mixture was intoxicating.

The District Court originally favored the school board but the court of appeals reversed the decision.

Wood v. Strickland outcome was a ruling for the students where individual board members could be liable for damages resulting from the violation of students' constitutional rights.

The Supreme Court stated that malicious intent was not always required to hold a public official liable for damages.

Administrators really need to know...

• Take the time to investigate.

• Remember to use due process!

• Document, document, document!

• Always inform parents if there is a need.

• Suspension and Expulsion cases require adequate notice, record keeping,

and due process.

• Students can only be expelled by the School Board.

• Think about a problem in the individual context.

• Arbitrary searches are not reasonable so they are illegal.

• Take safety issues seriously! If there is a reasonable safety concern you

have the right to investigate/take action.

• Students have the right to express themselves freely.

• Corporal punishment is illegal in Minnesota.

o DON'T GO OFF AND SMACK A KID!!!!!

• You have more authority when harassment takes place on school property.

• Oh Yeah, Investigate!

• Contact district lawyer if you have a question.

o Start with "Can I ask you if I can do ........"

• Keep your superintendent informed of the situation.

• When able to, take time to reflect before coming to a decision.

Resources

Essex, N. (2012). School law and the public schools: A practical guide for educational leaders. (Fifth ed.). New Jersey: Pearson Education, Inc.

National School Board Association. (2010, 05 25). Legal Clips. Retrieved from http://legalclips.nsba.org/.

Tirrito, S. (2013). Former georgia college president found personally liable for violating student's due process rights. Student press law center, Retrieved from http://www.splc.org/wordpress/?p=4800.