Common Law “…teachers must be given sufficient latitude in control of conduct of a school for an appropriate decorum and learning atmosphere to prevail”

In Loco Parentis The teacher acts as parent only insofar as parental powers are necessary for the conduct of the school.

Constitutional Rights Students have Constitutional rights within the bounds of school safety and the ability to carry out the work of the school. Administrators need only a “reasonable suspicion” rather than “probable cause” to search students and restrict certain behavior.

Due Process Substantive: To deprive a person of life, liberty, or property, the state must have a valid objective, and the means used must be reasonably calculated to achieve that objective. In other words, there must be a reasonable governmental purpose.

Due Process Procedural: If a person is to be deprived of life, liberty, or property, a prescribed constitutional process must be followed. Proper notice Opportunity to be heard Fair hearing

Substantive Due Process Freedom of Association Right to vote /electoral process Mobility and interstate travel Fairness in criminal process Individual rights Right to privacy

First Amendment Rights Students and teachers have First Amendment rights to freedom of speech and expression so long as it doesn’t cause a substantial disruption to the operation of the school.

Education as a Right Education falls within the substantive scope of “liberty and property”. The courts have found that once a state established a system of public education, it has effectively granted all students a property right or interest in obtaining an education.

Ingraham v. Wright, 1977 “The prisoner and the schoolchild stand in wholly different circumstances, separated by the harsh facts of criminal conviction and incarceration…Though attendance may not always be voluntary, the public school remains an open institution.”

Goss v. Lopez, 1975 In this key case, the Supreme Court found that a ten day suspension from school is subject to procedural due process. A ten day suspension is a serious event in the life of a child.

McClain v. Lafayette County Procedural due process is a flexible concept in relation to the nature and seriousness of the offense, as well as other circumstances of the case.

Student Appearance The courts support school districts in regulating student appearance. Clothing and hair length may be dictated by the school or school district. Rules need only be “content neutral” and not impose restrictions on political or religious beliefs.

Canine Searches Canine searches have been allowed, but the risk to health and safety of students must be very high. Also, they generally must involve police,

Metal Detectors These have been allowed when “the intrusion involved in the search is no greater than necessary to satisfy the governmental interest or underlying need for the search.” (p. 414)

New Jersey v. T.L.O. This key case found that reasonable and not excessively intrusive searches of students by school officials are constitutionally permissible.

Liability for Illegal Search Again, the concepts of reasonableness and good-faith fulfillment of school responsibilities are taken into consideration if a search is conducted illegally. A student may seek and be granted damages if a search is unreasonable or done with mal-intent.

Other Notes Random urinalysis for participation in Interscholastic sports events, as well as extracurricular events, is constitutional. Students do not have privacy rights in school lockers, as they are considered school property.