School Publications Student Initiated Speech Due Process Dress Code

 Kay Harwood  Megan Swearingen  Genia Workheiser  Kay Harwood  Megan Swearingen  Genia Workheiser  Cheryl Wooden  Brad Love  Jenny Lawless  Mitch Pinkston  Cheryl Wooden  Brad Love  Jenny Lawless  Mitch Pinkston

- Common in many secondary schools - Most often in the form of newspapers and yearbooks - Question is over the censorship of content by students and school officials - Debate of public forum and the role of the state in protecting freedom of speech rights

 A father opposed the school’s promotion of “safe sex”  Created an advertisement for abstinence and sent it to the school newspaper and yearbook  Ad was rejected by the newspaper and yearbook on the grounds of political advocacy  Court found that the rejection came from the student editors who were not acting as members of the state, therefore, Mr. Yeo had no case

 The school administration rejected two stories to appear in the school newspaper dealing with divorce and teen pregnancy  Newspaper was considered part of the educational curriculum and therefore regulated by the faculty advisor and administration  Court found that this was permissible because of the particular circumstances

 May not censor material if it “advances an educational purpose and is uniformly enforced”  School must provide information about why an article is refused for publishing  School officials have editorial control over school sponsored publications (put into handbook!)  Non-school sponsored publications (limited forum) can be controlled by time, place, and manner of distribution- not content

 Any form of speech that was initiated by the student, not school sponsored.  Genuine student initiated religious speech or prayer is protected unless: ◦ School/teacher encourages, suggests, or requires the speech ◦ Speech is done during a school sponsored event  Examples: ◦ A student using profane language in the hall. ◦ A student saying inappropriate language (which was not approved) in a speech during a school- sponsored event.

Inappropriate and/or profane language will not be tolerated. Students using inappropriate language toward a teacher or any staff member may receive an out-of- school suspension. Any student referred to the office for inappropriate language at anytime will be subject to disciplinary action, such as an office detention or suspension.

Inappropriate and/or profane language will not be tolerated. Students using inappropriate language or inappropriate printed material that is displayed, produced, or distributed on school property or at school sponsored activities may receive an out-of- school suspension. Any student referred to the office for inappropriate language at anytime will be subject to disciplinary action, such as an office detention or suspension.

Student behavior or printed materials shall:  Not disrupt or threaten to disrupt the educational process of the school  Not contain libelous or obscene language  Not advocate illegal actions  Not contain false statements or innuendoes  Not advocate action that would endanger the health or safety of students, staff, or others

 Public High School Student delivered an inappropriate speech nominating a fellow student for a student elective office.  Student was suspended and removed from the list of candidates to give a speech at the graduation.  Student’s father sued the school district.  The district court declared a violation of the 1 st Amendment. The Court of Appeals affirmed. The U.S. Supreme Court reversed.

 The students, Ferrin Cole and Chris Niemeyer, are seeking damages for denial of their First Amendment right of free speech.  Students’ speeches during a graduation ceremony were deemed inappropriate by the administration.  On graduation day, the students were not allowed to give their unedited speeches  Courts sided with Oroville Union High School

 Due Process is based on the 14 th Amendment. Government cannot take away any person’s right to life, liberty or property without trial or procedures that insure fairness.  The Supreme Court later added substantive due process that means no individuals rights can be taken away without appropriate government justification.

 Suspension  1. Students receiving their first 3-day suspension of the school year may be requested to have a parent conference with the Assistant Principal or Principal upon return to school. A suspension of 5 days or more will require a parent conference with the Assistant Principal or Principal upon return to school.

2. Section of the School Code provides that the Board of Education has the power (which can be delegated to the Superintendent, Principal, or Assistant Principal) to suspend pupils guilty of gross disobedience or misconduct for a period not to exceed ten school days. Such suspension is reported immediately to the School Board and to the parents or guardian of the pupil along with a full statement of the reasons and a notice of their right to a review upon request. The Board or its delegate(s) have the power to suspend pupils guilty of gross disobedience/misconduct while riding the school bus. Students will be prohibited from riding the bus, and such suspension may continue until it has been reviewed by the School Board or a Hearing Officer appointed by it. At such a review, the parents or guardian of the pupil may appear and discuss the matter.

Expulsion The Board of Education may expel pupils guilty of gross disobedience or misconduct for up to 180 school days. In order to comply with the students right to due process as defined by the 14 th Amendment and the Supreme Court, expulsion shall take place only after the parents have been requested to appear at a meeting of the Board or its delegate(s) to discuss their student’s behavior. Such request shall be made by registered or certified mail and shall state the time, place, and purpose of the meeting. The Board, at such meeting, shall state the reasons of dismissal and the date on which the expulsion is to become effective. Expulsions shall be noted on the permanent record card as a drop. The school may deny students credit for work done in a semester they were expelled.

 Various High School students in the Cincinnati Public School System were temporarily suspended without a hearing.  The School code stated that parents had to be notified and had the right to appeal to the board.  The Court found that students have a property interest and must be given some notice and afforded some kind of hearing. Students are entitled to be heard and must be notified of what they are charged with.  The hearing need not be formal for a suspension of ten days or less.

Canady v. Bossier Parish School District

 School Board implemented a dress code for 17 of the 34 schools in the district.  Reason was to reduce violence and improve testing scores and data would be collected.  Both objectives were achieved and the board decided to implement the dress code policy to all 34 schools.  Plaintiffs, group of parents, argued that the policy limited freedom of expression, does not improve learning, are expensive and violate religious rights.

 District court upheld the boards’ policy.  Plaintiffs appealed and the State Supreme Court of LA upheld the lower court’s decision.  Reasons for upholding the policy: ◦ Sometimes school boards’ regulation of student behavior outweighs individual students’ rights to free speech.

 Tinker v. Des Moines – free speech, not directly related to school dress  Bethel School District v. Fraser – lewd metaphors during a political speech in a school assembly  Hazelwood School District v. Kuhlmeier - students censored in the school paper for writing objectionable stories

 Collect data on student achievement before and after the policy was instituted.  Have full support of the Board.  Look at relevant cases and make sure you have a leg to stand on.  Always assume there will be a plaintiff in a free speech policy.