Students, the Law and Public Schools

REASONABLENESS Administrators must adopt defensible school polices, provide explicit discipline guidelines, ensure parent understanding, and ensure that due process is provided. Essex (2008) states, “Generally, rules are deemed to be reasonable if they are necessary to maintain an orderly and peaceful school environment and advance the educational process (p.48)”

“in loco parentis” Essex (1999), “While in loco parentis gives school officials latitude to exert authority over students under their supervision, it is not a license to act in an arbitrary or capricious manner. The constitutional rights of students must be respected. The exercise of in loco parentis is limited to school matters involving academics and discipline. Areas outside of these two are reserved to parents.”

Freedom of Expression The First Amendment to the U.S. Constitution states, “Congress shall make no law…abridging the freedom of speech, or of press or of the rights of peoples to peacefully assemble.” The Supreme Court in the landmark Tinker case established that students are entitled to all First Amendment guarantees stating: School officials do not possess absolute authority over their students. Students in school as well as out of school are “persons” under our Constitution. They possess fundamental rights which the State must respect…In our system, students may not be regarded as closed-circuit recipients of only that which the state chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speed, students are entitled to freedom of expression of their views.

Freedom of Expression “School official may restrict freedom of expression where there is evidence of material and substantial disruption, indecent or offensive speech, violation of school rules, destruction of school property, or disregard for authority. In each case, student must be provided minimal due process before any punitive action is taken.” The First Amendment directly impacts: protests and demonstrations, school-sponsored newspapers, nonschool-sponsored student publications, dress and appearance and controversial slogans.

Court Decisions to Consider Tinker vs. Des Moines ISD Bethel vs. Fraser Hazelwood v. Kuhlmeier

The Fourth Amendment Does the 4th Amendment apply to students in public schools? No unreasonable search/seizure Probable cause Particularity Warrants 4th Amendment applies to student searches BUT… School officials are not required to obtain search warrants Legality of a search conducted by school officials depends on reasonableness of search

Court Decisions to Consider New Jersey vs. T.L.O. SUMMARY Students have limited right to privacy in school School officials must satisfy “reasonableness” standard to search School officials are not required to obtain warrant THE TEST Search must be justified at inception Q: Did school officials have reasonable grounds for search? Search must be reasonably related in scope to circumstances justifying search Q: Were measures used reasonably related to objectives of search and not excessively intrusive in light of age, sex of student and nature of infraction?

Student’s Right to Due Process Due Process--What does it mean? “Due process requires fundamental fairness, fair processes and fair procedures.” Procedural Due Process—Students right to be adequately notified of pending charges or proceedings and the opportunity to be heard during these proceedings. Substantive Due Process—Students not subjected to arbitrary or capricious acts by school officials regarding the exercise of their personal rights. Vagueness Doctrine—Students should not be penalized for behavior that he/she could not reasonably understand to be prohibited Presumption Standard– Students may not be deprived of rights without assurance that there is sufficient factual evidence.

“Procedural Safeguards and Due Process Standards” 1. Specific warning must be given about what behavior would result in corporal punishment. 2. Administration of corporal punishment must take place in the presence of another school official. 3. Upon request, a written statement must be given to parents regarding reasons for the punishment and the name of the official witness.

Court Decisions to Consider Goss vs. Lopez Students were suspended for 10 days without a hearing and were not present at the board meeting when suspensions were handed out. Summary Ruling All students have the right to procedural due process? Students have the right to explain their conduct to an administrator (short-term suspension). Students must be given a hearing before the school board for long-term suspensions and expulsion.