1. Legal Aspects of Education

2. Fourth Amendment Searches And Seizures

3. Search and Seizures Two Phrases – In loco parentis (schools act in “place of the parents”, when students are in school) – Reasonable suspicion

4. Search and Seizures Because schools act In loco parentis AND IF Reasonable suspicion IS ESTABLISHED SCHOOLS CAN SEARCH STUDENT’S BELONGINGS

5. Search and Seizures Reasonable suspicion – Dogs, Sweeps – Rumor, gossip Court guidelines – Was search reasonable at the inception Scope of search – Was it intrusive?

6. Religion and The Public Schools

7. First Amendment Separation of Church and State established by the Establishment Clause of the First Amendment

8. The Facts: What the Courts Say Can Be Done or Not Done Prayer in Schools Religious Clubs and Groups Freedom of Expression Use of School Facilities Religion in the Curriculum Religious Displays on School Property

9. Prayer in Schools Can students or teachers pray at school? Teachers or School Officials cannot lead or instigate a prayer Students can pray silently, voluntarily “Free exercise of religion” “See You at the Pole” is permissible

10. Prayer in Schools Can a prayer be said over the intercom at the beginning of the school day? Students cannot voluntarily broadcast prayer over the school intercom system

11. Prayer in Schools Can a prayer be said at a football game? Prayer at football games is not allowed over the speaker (considered part of the game format)

12. Prayer in Schools Can a prayer be said at graduation? Schools and school officials cannot organize or mandate a prayer at graduation Courts have come to “conflicting conclusions” concerning student initiated nonsectarian prayer at graduation ceremonies

13. Prayer in Schools Can a prayer be said at a school board meeting? School boards cannot organize or mandate a prayer during the meeting. – Most cases indicate you must separate religion from the state’s business.

14. Religious Groups and Clubs Can a religious club meet at a school? Students can participate in religious groups or clubs during non-instructional time. Teachers cannot sponsor or participate in religious groups. They can monitor.

15. Religious Groups and Clubs Equal Access Act Requires public schools which meet certain criteria to treat all student-initiated groups equally, regardless of the religious, political, philosophical or other orientation of the groups. – Adopted by Congress in 1984

16. Religious Groups and Clubs Equal Access Act (cont’d) If schools allow even ONE non-curricula group to meet, Equal Access cannot be denied based on the content of such group. – Equal Access allows religious clubs to meet at schools if other clubs are allowed to meet. – Upheld in 1990

17. Use of School Facilities by Outside Religious Groups Can a church meet at a school? During school hours, not permitted. After school hours, permitted ONLY if school allows other outside organizations to meet.  Schools must not endorse activity.

18. Freedom of Expression Can a student wear religious clothing? Talk about their religion? Students can wear religious symbols Students can talk about their religion Teachers cannot prohibit students from talking about religion

19. Freedom of Expression Can a teacher wear religious clothing, jewelry? Teachers may be allowed to wear a necklace, but cannot advocate the reason behind the symbol

20. Religion in the Curriculum Can a teacher teach religion? Teachers can teach about religion but cannot teach a religion – Academic not Devotional Teachers teach evolution as fact, but cannot teach creationism as fact – Creationism can be included in a comparative literature class Students can speak or write about religion in an assignment (presentation) – Teachers must grade objectively and cannot comment

21. Religious Displays on School Property Can religious symbols be displayed in a school? Unless integrated into a secular curriculum, religious displays are not allowed – Ten Commandments – Samples of Student Art Work

22. Fourteenth Amendment The Fourteenth Amendment guarantees citizens the right to life, liberty and property. These cannot be denied without due process of law. In legal terms, the right to an education is considered “property”. Therefore students cannot be denied the “right to an education” with due process.

23. Fourteenth Amendment Elements of due process – Notice: Accused has the right to know charges. – Accused has the right to know evidence against them. – Accused has the right to present evidence in your favor. – Accused has the right to a lawyer. – Accused has the right to an appeal.

24. Student’s Rights: Participation Title IX A student cannot be denied the right to try out for a team, club etc based on gender, if a school receives Federal financial assistance. There must be “comparable” activities. i.e. Boys Basketball and Girls Basketball. Yes, girls can play football. Boys can be a cheerleader.

25. Student’s Rights: Grades Buckley Amendment – Privacy Issues. – Defines who will have access to student’s grades. 17 years of age and younger > parents, student and school officials. 18 years of age and older > the student and school officials. Kryston v. Board of Education, East Rampo – Grades and Privacy – Grades can be posted as long as they are not individually identifiable.

26. Student’s Rights: Corporal Punishment Ingraham v. Wright – Corporal Punishment – A state may authorize corporal punishment with or without parental permission OR prohibit it all together. – Each state decides own stand on corporal punishment. – Louisiana allows corporal punishment. Most local school systems get parental consent.

27. Student’s Rights: Various Issues Goss v. Lopez Guaranteed a student’s right due process Tinker v. Des Moines – Established a student’s Freedom of Expression. – Based on the following phrase.

28. Freedom of Expression IF….. The act is not “Disruptive to the smooth operation of the school”

29. Teacher’s Rights: Freedom of Expression Pickering v. Board of Education – Established Freedom of Expression for teachers. – The same phrase used with students is used to determine if the act is the teacher’s right, or it’s disruptive. – The act is not “Disruptive to the smooth operation of the school”

30. Teacher’s Rights: Role Models Ambach v. Norwick Established teachers as role models. “Exerting a subtle but important influence on their perceptions and values”. A teacher’s behavior in and out of school may influence students.

31. Ambach – When looking at Moral behavior, the court advised to use the “Ambach Standard”. Acknowledge the role model idea Determine if the out of school behavior has an adverse affect on the school. Determine if there is a connection between the out of school behavior and the teacher’s ability to teach.