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Chapter 10 Control and Punishment

Chapter 10 Control and Punishment. Laws in General Types of Sanctions Due Process Search and Seizure Harassment Privacy. Laws in General. Constitutional Amendments Federal Laws State Laws. Laws in General. Concepts of.. In loco parentis Zero tolerance Privacy issues.

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Chapter 10 Control and Punishment

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  1. Chapter 10Control and Punishment Laws in General Types of Sanctions Due Process Search and Seizure Harassment Privacy

  2. Laws in General • Constitutional Amendments • Federal Laws • State Laws CHAPTER 10: CONTROL AND PUNISHMENT

  3. Laws in General • Concepts of.. • In loco parentis • Zero tolerance • Privacy issues CHAPTER 10: CONTROL AND PUNISHMENT

  4. Types of Sanctions • Corporal Punishment • Defined as • Legal guidelines • Expulsion • Defined as • Suspension • Defined as • Detention • Exclusion from activity • Examples CHAPTER 10: CONTROL AND PUNISHMENT

  5. Types of Sanctions:Case Law • Baker v. Owen (1975) • Summary: • Decision: • Pomeroy v. Ashburnham Westminster Regional School Dist. (2006) • Summary: • Decision: (both illustrate corporal punishment) CHAPTER 10: CONTROL AND PUNISHMENT

  6. Types of Sanctions:Case Law • Ladson v. Board of Educ. (1971) • Summary: • Decision: (illustrates graduation participation) • Hamer v. board of Educ. Twp. High Sch. Dist. No. 113 (1978) • Summary: • Decision: (illustrates use of grades) CHAPTER 10: CONTROL AND PUNISHMENT

  7. Due Process • Substantive • Examples? • State laws • Local board policies • Procedural • Examples? • State laws • Local board policies CHAPTER 10: CONTROL AND PUNISHMENT

  8. Due Process:Case Law • In re Gault (1967) • Summary: • Decision: (illustrates due process required) • Goss v. Lopez (1975) • Summary: • Decision: (application of Gault to schools) • Carey v. Piphus (1978) • Summary: • Decision: (illustrates award of damages) CHAPTER 10: CONTROL AND PUNISHMENT

  9. Due Process:Case Law • Lanham ex rel Smith v. Green County (2002) • Summary: • Decision: (illustrates policy language and 1st Amendment) • Remer v. Burlington Area Sch. Dist (2002) • Summary: • Decision: (illustrates off-campus behavior) CHAPTER 10: CONTROL AND PUNISHMENT

  10. Notice? Hearing? Counsel? Evidence? Witnesses? Self-Incrimination? Transcript? Appeal? Due ProcessApplication to Schools CHAPTER 10: CONTROL AND PUNISHMENT

  11. Search and Seizure • Constitutional amendments • State laws • Local board policies CHAPTER 10: CONTROL AND PUNISHMENT

  12. Search and Seizure:Case Law • Keene v. Rodgers (1970) • Summary: • Decision: (illustrates search of vehicle) • New Jersey v. T.L.O. (1985) • Summary: • Decision: (establishes “reasonableness”) CHAPTER 10: CONTROL AND PUNISHMENT

  13. Search and Seizure:Case Law • In re State in Interest of G.C. (1972) • Summary: • Decision: (illustrates consent) • People v. Overton (1969) • Summary: • Decision: (illustrates duty to search) • Bellnier v. Lund (1977) • Summary: • Decision: (illustrates unreasonable search) CHAPTER 10: CONTROL AND PUNISHMENT

  14. Search and Seizure:Case Law • Walters v. United States (1973) • Summary: • Decision: (illustrates administrative versus police search) • Doe v. Renfrow (1980) • Summary: • Decision: (illustrates using dogs to search) • Vernonia v. Acton (1995) • Summary: • Decision: (illustrates random drug testing) CHAPTER 10: CONTROL AND PUNISHMENT

  15. Search and Seizure • Reasonableness? • Safety versus privacy? • Consent? • Search by administrator versus school resource officer? CHAPTER 10: CONTROL AND PUNISHMENT

  16. Peer Sexual Harassment • Constitutional amendments • State laws • Local board policies CHAPTER 10: CONTROL AND PUNISHMENT

  17. Peer Sexual Harassment:Case Law • DeShaney v. Winnebago Department of Social Services (1989) • Summary: • Decision: (illustrates limits of protection against private actors) • B.M.H. v. School Brd. Of Chesapeake (1993) • Summary: • Decision: (illustrates limits of special duty to protect) CHAPTER 10: CONTROL AND PUNISHMENT

  18. Peer Sexual Harassment:Case Law • Walton v. Alexander (1994) • Summary: • Decision: (illustrates limits of negligence) • Davis v. Monroe (1997) • Summary: • Decision: (illustrates limits of application of Title IX) CHAPTER 10: CONTROL AND PUNISHMENT

  19. Privacy Issues • Constitutional amendments • State laws • Local board policies CHAPTER 10: CONTROL AND PUNISHMENT

  20. Privacy Issues • What about revealing • Results of disciplinary actions? • Personal health information? • Substance abuse information? • Disability status? CHAPTER 10: CONTROL AND PUNISHMENT

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