1. School Law: A Discussion on Current Trends and Issues Dr. Andrea Beam Dr. Russ Claxton Liberty University Lynchburg, VA

2. Current Issues Transgender Rights Cell Phones and Searches Gun Policies Social Media/Searches Student Arrests Parent Deportation Bullying Liability

3. Transgender Rights Gloucester County School Board v. G.G--The U.S. Supreme Court intervened in the Virginia case. On Aug. 3, the justices voted 5-3 to stay lower-court orders that would have allowed Gavin Grimm, who was born female but now identifies as a male, to use the boys' restroom at his high school in Gloucester County, Va. The high court will decide later whether to take up the merits of that case for full argument and decision.

4. Transgender Rights Issues: –How Gender Identity is determined –What accommodations will be required –Private Schools

5. Cell Phones/Searches The case most often cited is Klump v. Nazareth Area School District (2006).. –School personnel confiscated a student’s cell phone and used the phone directory to “catch other students’ violations.” –The phone fell out of the student’s pocket –The court agreed that seizing the phone was justified, but not searching the phone for additional information –Schools must have a sufficient reason for searching the phone

6. Cell Phones/Searches J.W. v. Desoto County School District, 2010 –Student possessed and was using cell phone against school policy –School personnel confiscated phone, searched recent activity, and found incriminating evidence of gang activity. –Court ruled that the school was justified in searching phone to determine how phone was being used, as the student has already violated policy

7. Cell Phones/Searches A 9 th grade student sent nude pictures to her then boyfriend. A year later several students were circulating the former girlfriend’s pictures around the school via cell phones. Issues: –The girl was a minor when the pictures were sent –School personnel and police searched numerous cell phones –Some students were suspended, other charged with a felony.

8. Gun Policies In 2013, 33 states introduced over 80 bills related to arming school faculty and staff Teachers have faced arrest/conviction for possession of a gun on campus Many states and districts are allowing, even promoting concealed carry Michigan Open Carry, Inc. v. Clio Area School District (2015). Father suing school district for not allowing him to pick up his elementary school daughter while open carrying pistol.

9. Social Media/Searching Student Privacy –When you have a public profile, there really is no limit as to who can see this information. –Students should have no reasonable expectation of privacy. –School in CA hired a company to search their students social media. As long as they are not hacking into the sites, it is no a violation of their 4 th amendment. If they hack into their accounts, it will be a violation.

10. Social Media/Searching Bullying/Threats –At school, at school sponsored events, or on a school provided device, all interaction is subject to school monitoring and regulations –Outside of school and on personal devices, school personnel have little or no authority unless it becomes, or potentially can become, a school issue.

11. Student Arrests A.M. v. Holmes (2016) –7 th grade student arrested for “fake burps” –Put in handcuffs by SRO –SRO sued by mother

12. Student Arrests Issues to consider –Official immunity? –School Disruption? –Physical restraint? Immunity upheld by 10 th circuit court based on disruption of school

13. Parent Deportation United States v. Texas (No. 15-674) –Deferred Action for Parents of Americans (DAPA) –Prevents the deportation of parents –Executive order 4-4 Supreme Court Decision

14. Bullying Liability Morgan v. Town of Lexington (2016) –12-year-old was beaten by members of an alleged gang –Parent sued school and district officials claiming that they were liable for “turning a blind eye” and a “state created danger” making the matter worse

15. Bullying Liability 1st Circuit Court rejected the liability claim –Student willingly subjected himself to the beating for gang initiation –School attempted to resolve the issue and failure to effectively stop bullying does not always constitute liability –Addressing the bullies does not necessarily create dangerous environment.

16. Thank you Andrea Beam abeam@liberty.edu Russ Claxton rlclaxton@liberty.edu