GOSS v. LOPEZ, Supreme Court of the United States, 1975. 419 U.S. 565, 95 S.Ct. 729, 42, L.Ed.2d 725 deals with students that were suspended. The Columbus Ohio Public School System (CPSS) was sued by students. Nine students claimed that they were suspended without being given a hearing before their suspension, or even after their suspensions were over. Ohio law requires that the parents of suspended students are to be notified within 24 hours of the suspension, and the principal must state the reasons for the suspension. Six of the nine students attended school at Marion-Franklin High School. They were suspended for disruptive and disobedient behavior. Two others, Dwight Lopez and Betty Crome, attended Central High School and McGuffey Junior High School. They were suspended for an incident in the school lunchroom that caused some property damage. Again, all students claimed their rights to the due process clause of the 14th amendment were violated. The major purpose of the due process clause is for a person to be heard. It basically gives a person the chance to defend accusations that are being made against them. It clearly states that students must be given some type of prior notice, and they must be given some type of arena to hear and defend those accusations. …show more content…
They were all suspended without being given a hearing prior to their suspension, or they weren’t given a hearing within a reasonable time after their suspension. Federal court mandated that the suspensions of the students be removed from their cumulative record. The Columbus Public School System and school board appealed the ruling to the U.S. Supreme Court. The U.S. Supreme Court ruled that the due process clause of the 14th amendment had been violated. SCOTUS ruled 5-4 in favor of the students of the Columbus Public School
This case Tinker v. Des Moines Schools was a very interesting case argued in 1968. A lawsuit was filed against the school after three students, Two of which in high school and one in middle school were suspended from school. The school suspended the students for wearing black armbands protesting the Vietnam war. Two other students wore armbands, but were in elementary school and weren't suspended. The students were fifteen year old John Tinker, sixteen year old Christopher Eckhardt, and thirteen year old Mary Beth Tinker.
Title of Case: Lau v. Nichols: 414 US (1974) Plaintiff: Kinney Lau Defendants: Alan Nichols, San Francisco Unified School District (SFUSD) Setting: This occurred in San Francisco, CA during the early to middle 1970’s.
The wore black armbands in a protest against the government policies during the Vietnam war. The Tinkers tries to fight the suspension with the district court but the district court was in favor with the school so the Thinkers had to take it further. The next step was to take it to the supreme court. The tinkers took it to the Supreme court and the majority vote wat that it was unconstitutional for the school to
The Tinker versus Des Moines court case involved three minors, John Tinker, Mary Beth Tinker and Christopher Eckhart. These three wore black armbands to their schools to protest the Vietnam War and were suspended following this action. Circuit courts and the Court of Appeals in Iowa ruled that the black armbands were inappropriate attire for school. This case was then brought to a higher-up court. Eventually, this case was brought before the Supreme Court.
The 14th Amendment of the U.S. Constitution protects any person within their jurisdiction of their due process and equal protection. The Equal Protection Clause under the 14th Amendment requires the states to apply their laws equally to any person within their jurisdiction. The equal protection clause aims to provide equal application of the law. It is also crucial to the protection of civil rights. There should be no discrimination in its application.
Families were appalled that they were denied the opportunity to transfer their children to a different elementary school in the district, even with the clear statistics that they were not getting the same quality of education as other students were receiving. Fortunately, the final court decision read that the school
The Supreme Court decided on January 15, 1985 that the Fourth Amendment does constrain the actions of school officials, and that students have a legitimate expectation of privacy when in school. Yet TLO’s sentence was ultimately upheld
It is proven that schools are slowly but surely going back to the way things were before this case. “Black students are suspended or expelled at triple the rate of their white peers, according to the U.S. Education Department's 2011-2012 Civil Rights Data Collection, a survey conducted every two years. ”(American Schools Are 1). Parents of every race just want their children to get a good education and be successful in life. Unfortunately many African-American parents feel like their children and themselves are being treated unequally.
They could contact parents to see if there is a problem that lies under all the actions that the student displays. The goal is to keep the students in the classroom or in the school because, external suspension can be overused and misused. External suspension does not have to be the first form of punishment because, the students are not learning while they are home. In-school suspension is more lenient and is used so that the students will still be obligated to learn whether they want to or
Case: New Jersey v. T.L.O. (1985) Facts: A high school freshman (T.L.O) had her purse searched by the Assistant Vice Principal at her school because a teacher found her and another student smoking in the lavatory. The Assistant Vice Principal uncovered cigarettes and marijuana. Procedural history: T.L.O. motioned to suppress the evidence because her Fourth Amendment rights were violated and was denied by the Juvenile Court stating the search was reasonable. The Appellate Division of the New Jersey Superior Court agreed there was no violation of the Fourth Amendment. The New Jersey Supreme Court reversed the decision stating the search was unreasonable.
This case doesn't only affect the tinkers but also the students at school. If the school district took back the Tinker’s suspension, it would be exposed to the other students which would tell them that there is freedom. By letting them being exposed to more freedom there would be a better community and they would have a better future. Schools are supposed to help students become better at what they do, help them prepare for the future, including college, and teaches students to be "better citizens” and make a better community. In order to do that, school should give students, including the Tinkers, freedom in order for them to succeed in their future.
The School-to-Prison Pipeline: A Primer for Social Workers, a study by Susan McCarter (2017), was written to give a summary of the School-to-prison pipeline in an attempt to break down the factors surrounding children being funneled into this path by their respective school systems around the country. The author explains the correlation between the School-to-prison pipeline and its disparate outcomes for students of color, students with disabilities, and students who identify as lesbian, gay, bisexual, transgender, queer, and questioning (p. 54-55). McCarter presents implications for social workers and multiple specific strategies to reduce the detrimental effects of the School-to-prison pipeline. Susan McCarter, PhD, MSW, is an associate professor
It may seem a little invasive, but schools are permitted to use drug dogs to sniff out contraband during unannounced, random searches and it becomes a controversial problem for all. The use of drug-sniffing dogs in schools is permitted because students do not have a reasonable expectation of privacy in the school and school search did not go against the Fourth Amendment, which is the right of people to be secure in their personal spaces houses and papers. While drug dogs are becoming more and more commonplace in our public schools and to maintaining a drug-dog program can cost district estimates $12,000 and $36,000 every year. Drug dog must go through a long period of time of training and drug dogs are not dangerous to people, but instead it protects people. Without reservation, we must know the history background, advantages, and disadvantages of having a drug dog searches.
The court reasoned that this was constructive notice, and that the school should have intervened when an incident involving the student broke out because they were aware of his “assaultive behavior.” In MacCormack, however,
The due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary of life, liberty or property by the government outside the sanction of law. One of the pros of the Due process is that accused gets to enjoy all Constitutional protections of law and the entire process is fair and well balanced. However the con is that it takes the time, hardship on the victims and their families in having to be at every hearing.