School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e © 2012 Pearson Education, Inc. All rights reserved. Chapter 3 Students, the Law and Public Schools

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 3-2 School officials are granted broad powers to establish rules and regulations governing student conduct in the school setting. These powers, however, are not absolute.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 3-3 They are subject to the standard of “reasonableness.” Generally, rules are deemed to be reasonable if they are necessary to maintain an orderly and peaceful school environment and advance the educational process.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 3-4 Since students enjoy many of the same constitutional rights as adults, courts have been very diligent in ensuring that their constitutional rights be protected.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 3-5 In the landmark Tinker case, the U.S. Supreme Court for the first time held that students possess the same constitutional rights as adults and that these rights do not end at the school house door.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 3-6 Protests and Demonstrations Protests and demonstrations are considered forms of free expression. Thus, students are afforded the right to participate in these activities. As long as these activities are peaceful, and do not violate school rules or result in destruction of school property, they cannot be disallowed.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 3-7 School-Sponsored Newspapers Courts generally hold that a school publication has the responsibility for providing a forum for students to express their ideas and views on a variety of topics of interest to the school community.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 3-8 While the newspaper is intended to represent a forum for student expression, those responsible for its production should be mindful of their obligation to embrace responsible rules of journalism.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved. 3-9 Broad censorship by school officials is not permitted and is in violation of the free speech rights of students.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Censorship Limited review of school sponsored publications may be permitted, but broad censorship is not.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Non-school Sponsored Newspapers Non school sponsored newspapers are those not endorsed by the school but printed at students’ expense away from school premises. These publications may not be totally prohibited by school officials.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Restrictions, however, may be imposed regarding the time and place of distribution. Such restrictions are recognized as conditions affecting freedom of press not prohibitions.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Students who are responsible for producing the newspapers are held accountable for any libelous material printed in the newspaper.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Dress and Appearance Student dress as a form of free expression is not viewed as significantly as most other forms of free expression. There is, however, a first amendment freedom associated with it.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Dress may be regulated if there is a defensible basis for doing so. However, school regulations that violate students’ right by being vague, ambiguous and failing to demonstrate a connection to disruption will not meet court scrutiny.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Controversial Slogans Slogans worn on T-shirts, caps and other media that are in direct conflict with the school’s stated mission may be regulated. Those expressions which violate standards of common decency, contain vulgar, lewd and otherwise obscene gestures also may be regulated.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved School Suspension School suspension still is considered a legal form of discipline for students who violate school or district policy. In- school suspensions used by 91% of the school districts in the United States, whereas out-of-school suspensions are used by 95% of the districts.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Procedural and Substantive Due Process There are two types of due process, both of which apply in the school setting: procedural and substantive. Procedural due process means that if a person is to be deprived of life, liberty or property, a prescribed constitutional procedure must be followed.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Substantive due process ensures that a valid reason exists if a person is deprived of life, liberty or property and that the means used to deprive the person are reasonable.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Expulsion Unlike suspension, expulsion is considered one of the more severe forms of discipline because it involves long-term separation from the school district and in some instances permanent separation.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Search Searches may be conducted by school personnel if reasonable suspicion is established. Reasonable suspicion is based on information received from students or teachers that is considered reliable by school officials.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Personal Searches There should be a sense of urgency based on a belief that the student has in his or her possession some dangerous item that could pose a serious threat to health and safety of the student or others in the school.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Involvement of Law Enforcement Officials When law enforcement officials enter the school to conduct a search, the search must be preceded by a warrant. If a warrant is issued, strong evidence involving probable cause should be established.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Metal Detectors The use of metal detectors, like other intrusive methods, must be justified as reasonable and necessary to meet a legitimate school objective. In this case, maintaining a safe and orderly school environment was considered a legitimate school objective.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Corporal Punishment Corporal punishment usually involves the use of physical contact for disciplinary purposes. Corporal punishment as a disciplinary tool is not uncommon within school systems in the United States.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Classroom Harassment Classroom harassment is a form of sexual discrimination based on the U.S. Supreme Court’s ruling in Davis v. Monroe Co. Board of Education. School officials are liable if they are clearly unreasonable and deliberately indifferent toward the alleged harassing conduct.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Pregnant and Married Students The courts have generally held that pregnant and married students may not be denied the opportunity to attend school. The basis for the court’s position is that these students must be afforded equal protection under the law, as well as due process of law.

School Law and the Public Schools: A Practical Guide for Educational Leaders, 5e Essex © 2012 Pearson Education, Inc. All rights reserved Married Students Married students have the right to attend public schools. Any rules designed to exclude married students from attending school are invalid and in violation of their Fourteenth Amendment rights—namely equal protection under the law.