1. School Law for Teachers

2. Overview Children have constitutional rights Reasonableness standard Clearly communicated policies

3. Constitutional & statutory provisions 1st Amendment 4th Amendment 14th Amendment FERPA PPRA Equal Access Act

4. Free speech Congress shall make no law… abridging the freedom of speech U.S. Const. amend. I

5. Free speech Students have free speech rights at school Limitations due to public school purpose and school/student relationship

6. What is speech? Verbal Written Symbolic

7. Student wears gang colors as symbol of belonging Student distributes literature for church or club Freedom of association Closely related to symbolic speech, for example...

8. Content restrictions Open forum Limited forum Closed forum Testing Unfair!

9. Reasonable Provide specific guidelines Justified to ensure expression does not impinge on educational activities or present a danger Time, place, & manner restrictions

10. Limited forum Restrictions can be placed on student speech when... Materially and substantially disruptive Pervasively vulgar Harmful to students

11. Material & substantial disruption Must be more than the discomfort of airing unpopular views Must show a reasonable forecast of disruption

12. Pervasively vulgar Can prohibit the use of the obscenity, profanity, or lewdness Part of school's function is inculcation of fundamental values

13. Closed forum restrictions Time or place not intended for an open exchange of views Restrictions may be based on a legitimate pedagogical concern

14. “Off-campus” publications School officials may regulate distribution of non-school sponsored pubs... If disruptive, pervasively vulgar or harmful Through reasonable time, place & manner restrictions

15. Prior restraint Schools bear the burden of justifying such a policy Must be clear, not vague or overly broad Must limit arbitrary enforcement

16. Student groups First Amendment protects students’ right to form groups Rules generally same as those for speech Must comply with Equal Access Act

17. Dress codes: where does your state fall? Some circuits have held that dress is an expressive activity.

18. Dress codes If considered a form of expression, can only be restricted if... materially and substantially disruptive pervasively vulgar harmful to self or others If not, dress can be restricted for any legitimate reason

19. School uniforms Reasonably related to pedagogical purpose Alternative avenues of expression Content-neutral To sidestep legal issues, include opt-out provision

20. Search and seizure “The right of the people to be secure... against unreasonable searches & seizures, shall not be violated...” U.S. Const. amend. IV

21. What is a search? Invasion of a reasonable expectation of privacy Effect of ownership interest “Plain view”

22. Searches in school Standard relaxed to reasonable suspicion Allowed to find evidence of a violation of the law or school rules Must be reasonable both at inception and in scope

23. Reasonableness depends on... Degree of certainty Level of expectation of privacy Purpose of search

24. Consensual searches Consent must be knowing & voluntary Is coercion a factor? Generally better not to rely on student consent alone

25. Locker searches Legitimate expectation of privacy in lockers is SO low that searches may be based on minimal suspicion

26. Purses and bookbags Greater expectation of privacy in personal property than lockers Reasonable suspicion required for search

27. The bottom line If a body search is necessary, let the police handle it.

28. Canine searches Using dogs to sniff objects does not constitute a search

29. Urinalysis Urinalysis is a search Supreme Court has upheld random urinalysis for student athletes

30. FERPA Parents or students 18 and over have these rights: Inspect and review education records Hearing to challenge content No release of records to others without consent except for specified reasons

31. Protection of Pupil Rights Amendment Parent has right to inspect instructional materials used as part of survey, analysis, or evaluation Parental consent needed before requiring student to submit to survey, analysis, or evaluation revealing certain information

32. Equal Access Act Allows non-curriculum related groups to meet in secondary schools Triggered if school officials allow other non-curriculum groups to meet

33. Schools subject to the EAA should assure... Meetings are voluntary & student-initiated No school sponsorship of the meetings Agents of the school are present only in a non-participatory capacity Meetings do not present a material & substantial disruption to the school Groups are not excluded due to content of expression