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STUDENT DISCIPLINE AND THE LAW

STUDENT DISCIPLINE AND THE LAW. CI 5370. KELLY BOST. Chapter 37 - Discipline Decisions. * Student Code of Conduct

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STUDENT DISCIPLINE AND THE LAW

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  1. STUDENT DISCIPLINE AND THE LAW CI 5370 KELLY BOST

  2. Chapter 37 - Discipline Decisions * Student Code of Conduct The board of trustees of an ISD shall with the advice of its district-level committee establish a student code of conduct for the district.  Chapter 37 Discipline Law and Order in the Texas Education Code provides the guidelines for establishing a student code of conduct. TEC §37.001(a)(4): The board of trustees of an ISD may establish standards in the student code of conduct to specify whether consideration is given, as a factor in a decision to order suspension, removal to a disciplinary alternative education program, or expulsion to: A.  self-defense; B.  intent or lack of intent at the time the student engaged in the conduct; C.  a student’s disciplinary history; or D.  a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the student’s conduct. http://www.tea.state.tx.us/index2.aspx?id=2806

  3. Examples of important Supreme Court decisions involving public schools Student Discipline: Goss v Lopez (1975):In this student disciplinary (short-term suspension) case the Court held that because students have a property interest in public education, and a liberty interest in their reputations, the Fourteenth Amendment requires that they be afforded basic procedural due process before being suspended from school. The Court articulated the basic elements of due process as (1) oral or written notice of the charges, (2) an explanation of the evidence [especially where the student denies the charge], and (3) some form of hearing [i.e., a chance to be heard]. Ingraham v Wright (1977):A Florida case, the Court held in Ingraham that the Eighth Amendment cruel and unusual punishment prohibition does not apply to corporal punishment in schools. However, students are not left without remedy. The remedy against excessive corporal punishment, said the Court, is provided in civil and criminal law. New Jersey v T.L.O. (1985):New Jersey v T.L.O. (1985): Here the Supreme Court made it clear that the Fourth Amendment’s prohibition against unreasonable searches and seizures applies to students in public schools. Thus, public school students have privacy expectations that must be protected. However, these expectations must be balanced with the legal prerogative of school officials to search students where: (1) reasonable suspicion exists to believe that a violation of school policy and/or the law exists, and (2) the search remains reasonable in scope. http://www.cepionline.org/newsletter/2005-2006/2005_Sept_Supreme_Court_Public_Education.html

  4. continued Honig v Doe (1988):In the Court’s opinion, the “stay put” provision of IDEA prohibits school officials from unilaterally excluding students with disabilities from school for more than 10-days, where the student’s misbehavior grows out of (i.e., is a manifestation of) his or her disability. Vernonia v Acton (1995) and Board of Education v Earls (2002):  Taken together, these two decisions uphold random drug testing of public school students. In essence the Court said, “ The privacy interests of students are limited in a public school environment.” Owasso I.S.D. v Falvo (2002) and Gonzaga University v Doe (2002):These decisions did not directly address the privacy rights of students. However, taken together they did establish that the Family Educational Rights and Privacy Act (FERPA) does not give private citizens a “private right to sue” under FERPA. http://www.cepionline.org/newsletter/2005-2006/2005_Sept_Supreme_Court_Public_Education.html

  5. Robbins v. Lower Merion School District Webcam Gate Scandal http://www.examiner.com/teen-issues-in-philadelphia/lower-merion-parents-file-class-action-lawsuit-for-invasion-of-privacy-and-spying-on-kids-at-home http://en.wikipedia.org/wiki/Robbins_v._Lower_Merion_School_District

  6. Parent files lawsuit over teacher's discipline

  7. *Bethel School District v. Fraser (478 U.S. 675, 1986) Free Expression for Students http://www.ericksonmcgovern.com/data/img/paragraph/entry-2-web.jpg

  8. Morse v. Frederick http://en.wikipedia.org/wiki/Morse_v._Frederick http://www.google.com/imgres?imgurl=http://images.morris.com/images/juneau/mdControlled/cms/2009/03/22/413174080.jpg&imgrefurl=http://www.juneauempire.com/slideshows/032209/413173972/slide2.shtml&usg=__YvirEfDqLOVRZjLVwNG-rUZTcSU=&h=500&w=334&sz=44&hl=en&start=18&zoom=1&itbs=1&tbnid=OyxVOSuNw5GHCM:&tbnh=130&tbnw=87&prev=/images%3Fq%3Djoseph%2Bfrederick%26hl%3Den%26safe%3Dactive%26sa%3DG%26gbv%3D2%26tbs%3Disch:1

  9. Ingraham v. Wright

  10. Churubusco girls sue over discipline ACLU: Punishment for posting photos on MySpace violated free speech. http://shadowsfall.com/main/wp-content/uploads/2010/07/myspace_logo.png

  11. Student Who Dissed Teacher on Facebook Sues School After Being Suspended http://www.familyeldercare.org/ http://www.google.com/imgres?imgurl=http://www.themoneytimes.com/files/katherine_evans.jpg&imgrefurl=http://www.themoneytimes.com/featured/20100217/ruling-allows-student-suspended-facebook-hate-page-file-lawsuit-id-10100764.html&usg=__9vbjv4D0ntwV-4xuceBPT5PnRnE=&h=286&w=250&sz=11&hl=en&start=3&zoom=1&itbs=1&tbnid=p1_AR-sqFNZ7M:&tbnh=115&tbnw=101&prev=/images%3Fq%3DKatherine%2BEvans%26hl%3Den%26safe%3Dactive%26gbv%3D2%26tbs%3Disch:1 http://www.wired.com/threatlevel/2010/02/student-facebook-tirade-against-teacher-is-protected-speech/

  12. February 22, 2010 (OAK FOREST, Ill.) (WLS) -- The family of a suburban Chicago high school student is considering legal action against the school after their son was suspended for creating a Facebook page that criticized a teacher. Justin Bird, 16, a sophomore at Oak Forest High School, used his Facebook page to criticize a teacher. Oak Forest High School's superintendent says the Facebook posting disrupted the school day, and that's why the student was suspended. Bird's suspension has raised questions about whether school officials overstepped their authority. A few keyboard strokes, a click of the mouse and a new Facebook page is born. And almost just like that, Justin Bird was suspended. "I did this on this laptop in my room, sitting on my chair. I don't know how they can come into my house and suspend me for what I did on my own time," said Bird. Bird admits he created a Facebook fan page on which he called a teacher a derogatory name. About 50 people became fans. And then, Justin took it down. But the next day at school, he received a five-day suspension. His parents are now considering taking legal action against the school. "I don't believe it is the school's place to come into our home and to tell...my son he is suspended for something he did at home," said Donna Bird, Justin's mother. High School District 228 Superintendent Bill Kendall says what Bird wrote was "disrespectful, inappropriate and lewd. Even though it was done at home, it disrupted the school." But the American Civil Liberties Union says this case is part of a growing trend across the country. In another case, Katherine Evans was suspended from her high school in Florida for writing on a Facebook page that her teacher was "the worst teacher she ever had." Last week, a federal judge ruled that Evans could sue the principal. Legal experts say as long as students aren't threatening a teacher, they are protected by the First Amendment, especially at home. "We don't need a sort of governmental agent in the form of the school reaching into that household and correcting that behavior simply because the school thinks it somehow involves them," said Ed Yohnka, ACLU spokesperson. Legal experts say there is much unchartered territory in the world of social networking. It may be a while before the U.S. Supreme Court takes such a case because, much of the time, parents and students are so embarrassed, they accept the punishment and move on. Bird's parents are looking for the right attorney.

  13. QUESTIONS Who is the ACLU and what do they gain by becoming involved? What do you think will be the final verdict in the two cases involving world-wide-web? Will the cases lay down the foundation for future lawsuits? Will the cases force state agency and school districts to rewrite their student code of conduct?

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