FIVE KEY COURT RULINGS IN EDUCATION Tony Mango EL620

The 5 Key Cases Categories and Cases - Search and Seizure: New Jersey vs. T.L.O. - Student Discipline: Goss vs. Lopez - Equal Education: Lau vs. Nichols - Freedom of Speech: Tinker vs. Des Moines - Religion: Abington School District vs. Schempp

Search and Seizure: New Jersey vs. T.L.O. Keys to the Case New JerseyT.L.O. Administration catches two students smoking in bathroom. Smoking was actually allowed in designated places. Administration searched purse of one student Caught smoking in bathroom. Had purse searched as a result. Rolling papers and other paraphernalia were found. Fought the search and seizure claiming 4 th amendment had been violated.

Search and Seizure: New Jersey vs. T.L.O. Result  Court ruled 6-3 that the search was reasonable.  Had been caught smoking, denied it, search turned out more than cigarettes.  The ruling changed education by making it easier to understand what constitutes a reasonable search. Reasonable = helping provide safe environment Always have a justifiable reason for the search

Student Discipline: Goss vs. Lopez Keys to the Case LopezGoss 1997 Dwight Lopez and 8 other students are suspended from Marion-Franklin High School for destruction of property. Sues on violation of due process given in 14 th amendment. Administration suspends the students. Did not notify parents or have hearing. Acted extremely swiftly in handing down punishment.

Student Discipline: Goss vs. Lopez Result  Court ruled 5-4 in favor of students.  Violation of students’ rights to due process.  Ruling didn’t condone Lopez’s actions but it showed students have certain procedural rights during disciplinary actions.  Always be diligent with parent contacts and evidence supporting your decisions.

Equal Education: Lau vs. Nichols Keys to the Case LauNichols In 1971, 2,800 ESL students came to California schools. 1,800 did not receive supplemental course in English. Sued based on lack of equal educational opportunities. California Education Code required all students have mastery of English language or would not receive diploma. Did not provide supplemental courses and equal conditions for all students.

Equal Education: Lau vs. Nichols Result  Court ruled in favor of Lau  Schools must provide all students with equal facilities, books, teachers and curriculum.  Must be no discrimination based on race, color or national origin if receiving any federal financial assistance.  As an administrator you must be sure that all students have the necessary tools to succeed and equal opportunities. Everything attainable for everybody

Freedom of Speech: Tinker v. Des Moines Keys to the Case TinkerDes Moines School District Tinker and a group of students meet off campus and plan to wear armbands as a show supporting truce in Vietnam. Two students wear the armband and are sent home on first day: same result on second. Students sued district for violation of right to expression. The district hears of the plans to wear the armbands and creates policy: ask to take armband off, suspend if they refuse. Suspended Tinker, Tinker and Eckhardt.

Freedom of Speech: Tinker v. Des Moines Outcome  The Supreme Court reversed the decision of the lower courts (7-2) and ruled students’ rights had been violated.  School officials must be able to prove the conduct will “materially and substantially interfere” with operation of school.  Possible disruption vs. actual interference.  Use leadership skills as a way of effectively dealing with these situations.

Religion: Abington vs. Schempp Keys to the Case AbingtonSchempp Pennsylvania public schools required students to read bible verses each morning. Claimed this daily exercise is designed to teach more values not religious doctrine. Allowed children to be excused from this exercise. Edward Schempp did not agree with having children, especially his own daughter, being required to read bible verses each day. Did not believe being allowed to excuse student was enough.

Religion: Abington vs. Schempp Outcome  The Supreme Court ruled 8-1 that school-sponsored Bible reading in public schools was unconstitutional.  Although, school allowed children to be excused it was still in violation of the establishment clause.  Establishment clause – “Congress shall make no law respecting an establishment of religion”  Free Exercise clause – “or prohibit the free exercise thereof”