Dustin Seal, a junior at Powell High School, Knoxville, TN drove his mom’s car to Friday-night football game with his friends who had put a knife in the glove compartment without his information. Over a suspicion of drinking alcohol, school vice principal searched Dustin’s car and found a hunting knife. Being unaware of the knife Dustin got suspended with pending expulsion from Powell high by the principal. Following with several appeal processes School board sided with the school principal on expelling Dustin. His father sued the school board for violation of Dustin’s right under fourth and fourteenth amendments to Federal court ruled in favor of Seal and the case was settled with $30,000 award to Dustin.
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.
Before taking a look at this case, think about the following questions. Do students have the same rights under the 4th amendment as adults? , What are students’ rights while being searched on school grounds?, and What guidelines do administrators and teachers need to follow as a result of New Jersey v. T.L.O? The case of New Jersey vs T.L.O involved two freshmen high schoolers who were caught using narcotics in the restroom by a teacher. The teacher took the students to the principal who then asked the students about the incident.
Lucy Hanson a special needs teacher reported to “F” is for firearm; More teachers authorized to carry weapons in classroom that, “I want to protect my students,I'm going to stand in front of a bullet for any student that is in my protection and so I want another option to defend us”(Hansen). She wants to be able to defend herself and her students, so he needs a firearm. Less than 2% of all youth homicides occur at school(Yurvati). With the teachers to defend the students, that statistic is very true.
Spring Branch I.S.D. v. Stamos Supreme Court of Texas, 1985 695.S.W.2d 556 [27 Educ. L. Rep. 640] This case examined the constitutionality of the Texas Education Code 21.920 (b) “No Pass, No Play” rule: A student, other than a mentally retarded student, enrolled in a school district in this state shall be suspended from participation in any extracurricular activity sponsored or sanctioned by the school district during the grade reporting period after a grade reporting period in which the student received a grade lower than the equivalent of 70 on a scale of 100 in any academic class. The campus principal may remove this suspension if the class is an identified honors or advanced class. A student may not be suspended under this subsection
As school administrators encountered many issues in balancing between providing safe school environment and meeting the requirements of the new law, Many case laws had been established by the judicial decisions in particular cases such as Goss v. Lopez (1975), Stuart v. Nappi (1978), Doe v. Koger (1979), Jackson v. Franklin County School Board (1985), Honig v. Doe (1988) which clarified many discipline questions pertaining to special education. In 1997 Congress passed thorough amendment to the IDEA and embeded detailed statutes to address disciplinary issues of students with
In Doe v. Koger, a student with intellectual disabilities was expelled based on disciplinary issues. The school denied the student a due-process hearing for students with disabilities. When the family took the school district to court, it was ruled that before changing the placement of a student with disabilities through long term suspension or expulsion, a hearing must be held to determine whether the child’s inappropriate behavior was a result, or manifestation of his/her disability. Doe v. Kroger was a monumental court case in the history of special education because it determined that students with disabilities can in fact be suspended or expelled as a disciplinary measure, but only after a manifestation determination has taken place
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.
Patrick McAndrew Mrs.Scruggs English III 10-May-2016 Today many people around the world and even in the US are scared about the next shooting and where it will take place. Many states don 't allow concealed carry on school grounds because they believe that the students are not ready for a responsibility like carrying a gun. Eight states in the US allow concealed carry on campus because the state has voted on it and passed it through government. Other states such as Georgia have discussed the topic on concealed carry but very very will vote for it because they feel students and faculty are not ready for such a big responsibility.
In the 1980’s and through the 1990’s crime rates were beginning to rise and schools began to crack down on violence, disorder, and weapons in the classroom. There was a term used to justify the punishments given to children who were misbehaving, Zero Tolerance, the official definition being the refusal to accept undesirable misbehavior, typically by strict and uncompromising application of the law. Retro Report is a website that publishes documentaries on major new events and shares them to a digital audience. On October 2nd, 2016 they released a video describing the Zero Tolerance policy in depth and depicting the impact it had on schools where the policy was enforced. There were witnesses to the effect of Zero Tolerance speaking in the video, speaking against the policy and how it had an overall negative outcome. Muckraking does still exist in film as demonstrated by Retro Report’s documentary, Unraveling Zero Tolerance, a video that examined the effect of the zero tolerance policy on students in school.
Throughout this essay I will be explaining how a behaviour policy supports teachers and how it can also create an effective learning environment. I will also be highlighting any issues which could potentially arise from the use of a behaviour policy. A behaviour policy is guidance for members of staff within a school on how to deal with different behaviours, and sets out the expectations of behaviour for all children at the school. If a behaviour policy is written well it will support the formation of an effective learning environment. An effective learning environment for young children is an environment in which all children feel able to express themselves freely, allowing them to learn effectively.
Another case where a student was wrongfully punished was in T.V. v. Smith-Green Community School Corporation case, where two girls posted brazen
This isn 't the first time that "bureaucratic determinism," where administrators declare themselves powerless to exert discretion and end up punishing students for infractions that even they agree didn 't contain any elements of threat or aggression, has triggered calls for a more lenient approach. Public outrage and media exposure have succeeded in reversing sanctions in cases such as suspensions when a student makes a "finger gun" (some schools interpret any such displays as threats). It 's an uphill battle, though, and the stone rolls down as soon as it reaches the top. A 13-year-old girl received a three-day suspension from a Texas middle school for a finger gun in 2010, making headlines; in December 2012, the hammer of justice came down on a 6-year-old, who received a one-day suspension from a Maryland elementary school for the same reason. That incident made the Washington Post, with over a thousand comments lambasting the school administrators for overreacting; nonetheless, in October of 2013, an 8-year-old was suspended for a day in Florida, also for making a finger