1. Copyright © Allyn & Bacon 2008 Chapter 4 National Security and School Safety This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.

2. Copyright © Allyn & Bacon 2008 National security and school safety have had a significant impact on the administration and operation of public schools. National security and school safety have had a significant impact on the administration and operation of public schools. School safety is a major concern because schools are presumed to be “safe places” by the courts. School safety is a major concern because schools are presumed to be “safe places” by the courts.

3. Copyright © Allyn & Bacon 2008 National and school safety creates policy implications for school leaders. National and school safety creates policy implications for school leaders. Contingency plans should be developed, simulated and implemented as the need arises to address, anticipate or foresee events that may threaten school safety. Contingency plans should be developed, simulated and implemented as the need arises to address, anticipate or foresee events that may threaten school safety.

4. Copyright © Allyn & Bacon 2008 USA Patriot Act While the intent of this act is to address potential terrorist acts in the United States, it does implicate public school in the following manner: While the intent of this act is to address potential terrorist acts in the United States, it does implicate public school in the following manner: School leaders are required under authorized investigations by the FBI to produce books, records, paper documents or other items. School leaders are required under authorized investigations by the FBI to produce books, records, paper documents or other items.

5. Copyright © Allyn & Bacon 2008 Probable cause is not required. Probable cause is not required. Information related to Internet usage, including email addresses, may be monitored without offending privacy rights. Information related to Internet usage, including email addresses, may be monitored without offending privacy rights. The FBI may obtain information under the Family Education Rights and Privacy Act without consent of parents or legal guardians. The FBI may obtain information under the Family Education Rights and Privacy Act without consent of parents or legal guardians.

6. Copyright © Allyn & Bacon 2008 No Child Left Behind and School Safety Under the No Child Left Behind Act, school safety also has become a majority priority for local school districts, which must provide assurances that plans are on file regarding steps schools will initiate to maintain safe and drug-free environments. Under the No Child Left Behind Act, school safety also has become a majority priority for local school districts, which must provide assurances that plans are on file regarding steps schools will initiate to maintain safe and drug-free environments.

7. Copyright © Allyn & Bacon 2008 Handling Violence in Schools With the presence of gangs in schools, school leaders are encountering pressures from parents, citizens, and school boards to provide a safe environment where teachers can teach and students can learn. With the presence of gangs in schools, school leaders are encountering pressures from parents, citizens, and school boards to provide a safe environment where teachers can teach and students can learn.

8. Copyright © Allyn & Bacon 2008 Added to these pressures is the view of the courts that schools are “safe places” based on the assumption that children are supervised by licensed and well-trained teachers and administrators. Added to these pressures is the view of the courts that schools are “safe places” based on the assumption that children are supervised by licensed and well-trained teachers and administrators.

9. Copyright © Allyn & Bacon 2008 Bullying Bullying is associated with many acts of violence in public schools. Bullying is associated with many acts of violence in public schools. Bullying generally involves intentional cruel behavior between the person who exhibits this behavior and the same students who are victims of bullying behavior. Bullying generally involves intentional cruel behavior between the person who exhibits this behavior and the same students who are victims of bullying behavior.

10. Copyright © Allyn & Bacon 2008 There is often a pattern of repeated anti- social behavior toward others but bullying may also involve a single incident. There is often a pattern of repeated anti- social behavior toward others but bullying may also involve a single incident. A bully, depending on the circumstances, may be charged criminally if he/she exceeds age twelve. A bully, depending on the circumstances, may be charged criminally if he/she exceeds age twelve.

11. Copyright © Allyn & Bacon 2008 Gang Characteristics and Membership Gangs are best described as groups of individuals involved in unusually close social relationships. Gangs are best described as groups of individuals involved in unusually close social relationships. They share a common collective identity expressed through a gang name. They share a common collective identity expressed through a gang name. Gangs adopt certain symbols or signs and claim control over a certain turf or territory. Gangs adopt certain symbols or signs and claim control over a certain turf or territory.

12. Copyright © Allyn & Bacon 2008 Gang Dress Gang members tend to wear specific apparel or colors to convey gang affiliation. Gang members tend to wear specific apparel or colors to convey gang affiliation. Where gang activity has been prevalent in the school or community and there is clear knowledge that certain types of dress are associated with disruptive gang activity, school officials may prohibit such dress. Where gang activity has been prevalent in the school or community and there is clear knowledge that certain types of dress are associated with disruptive gang activity, school officials may prohibit such dress.

13. Copyright © Allyn & Bacon 2008 Duty of Care and Gang Violence Based on foreseeability, school personnel are expected to exercise the standard of care that any other reasonable professional would exercise under the same or similar circumstances. Based on foreseeability, school personnel are expected to exercise the standard of care that any other reasonable professional would exercise under the same or similar circumstances. If school officials are aware of gang presence in their schools, there is a greater expectation for monitoring gang activity; consequently, the standard of care is higher based on prior knowledge of gang presence. If school officials are aware of gang presence in their schools, there is a greater expectation for monitoring gang activity; consequently, the standard of care is higher based on prior knowledge of gang presence.

14. Copyright © Allyn & Bacon 2008 School Uniform Dress Policies, School Safety, and Students’ Freedom of Expression Rights Many school officials in their desire to create and maintain safe schools have developed uniform dress code policies for students. Many school officials in their desire to create and maintain safe schools have developed uniform dress code policies for students.

15. Copyright © Allyn & Bacon 2008 As school uniform policies are drawn by school leaders, it is prudent that they be mindful of the freedom of expression rights of students. As school uniform policies are drawn by school leaders, it is prudent that they be mindful of the freedom of expression rights of students. Policies that do not recognize these rights are risky at best and may result in legal challenges and unnecessary legal costs to school districts. Policies that do not recognize these rights are risky at best and may result in legal challenges and unnecessary legal costs to school districts.

16. Copyright © Allyn & Bacon 2008 Drug Testing Until the mid 1990s, no case involving drug testing in public schools had been litigated by the U.S. Supreme Court. Until the mid 1990s, no case involving drug testing in public schools had been litigated by the U.S. Supreme Court. Vernonia School District v. Acton, however, reached the Supreme Court when the Ninth Circuit Court reversed the district court’s holding for the school district. Vernonia School District v. Acton, however, reached the Supreme Court when the Ninth Circuit Court reversed the district court’s holding for the school district.

17. Copyright © Allyn & Bacon 2008 Under the district’s policy, all student athletes were required to provide a urine sample at the beginning of the season for the particular sport in which they participated. Under the district’s policy, all student athletes were required to provide a urine sample at the beginning of the season for the particular sport in which they participated.

18. Copyright © Allyn & Bacon 2008 Alcohol and Breathalyzer Testing School officials may, based on school or district policy, administer breathalyzer testing where there is an immediate concern regarding students under the influence of alcohol during voluntary school-sponsored events. School officials may, based on school or district policy, administer breathalyzer testing where there is an immediate concern regarding students under the influence of alcohol during voluntary school-sponsored events.

19. Copyright © Allyn & Bacon 2008 School officials will likely succeed in initiating a breathalyzer test to any student if they have reasonable suspicion that the student is under the influence of alcohol. School officials will likely succeed in initiating a breathalyzer test to any student if they have reasonable suspicion that the student is under the influence of alcohol.

20. Copyright © Allyn & Bacon 2008 Reasonable suspicion may be established if school officials detect the smell of alcohol on a student or observe behavior that might suggest a student is intoxicated, such as slurred speech or impaired motor control. Reasonable suspicion may be established if school officials detect the smell of alcohol on a student or observe behavior that might suggest a student is intoxicated, such as slurred speech or impaired motor control.