Week+3+-+Student+Rights+and+Discipline

Ingraham v Wright (1977) Horowitz v Board of Curators (1978) || **Fourteenth Amendment** Goss v Lopez - 10 day suspension Ingraham v Wright - Principal paddling a student for misbehavior, was deemed ok Horowitz v Board of Curators - student dismissed from med school after poor work and was dismissed from program. Because they gave due process, decision was upheld || 18 U.S.C. 921(a)(3) 20 U.S.C. 7151 42 U.S.C. 11431 et seq. || **Due Process Clause** [No State shall] deprive any person of life, liberty, or property, without due process of law.
 * __**TOPIC**__ || __**REFERENCES**__ || __**NOTES**__ ||
 * // **I. Expectation of a Safe Environment** // ||  ||   ||
 * ** A. Procedural Rights - Due Process ** ||  ||   ||
 * 1. Cases entitled to due process || Goss v Lopez (1975)
 * 2. What process is due? The Process: || 119.25, 120.13, Wis. Stats.

U.S. 565 || Supreme Court overturned 10 day suspension for lack of due process hearing because the suspension affected the student’s property interest and liberty interest. || [|School District of Sheboygan Falls expulsion.doc] || Roth v Board of Regents: Assistant professor on a one year contract was not rehired. Roth thought it violated the 14th Amendment, it didn't Regents and Perry v. Sindermann: State college teacher on a one year contract for four consecutive contracts. Began speaking out against college in fourth year and was not renewed. It was found that this violated his 14th Amendment rights. || Ingraham v Wright Hassan v Lubbock Independent School District || In reference to search and seizure-- The school has the ability to search with reasonable suspicion rather than probable cause. The search must still be specific. In reference to corporal punishment-- Bodily Security is considered to be the most fundamental aspect of personal property. "Shocking the conscience" was established to determine if the punishment was too severe and in violation of Substantive due process. Hassan v Lubbock Independent School District: A student was being disruptive on a school fieldtrip to the jail. He was placed in a locked cell, observed, for 50 minutes. The School Board won || Piggee v. Carl Sandburg College (7th U.S. Circuit Court)-**Ruling about 1st amendment protecting faculty memebers to engage in academic debates, pursuits and inquiries and to discuss ideas.
 * Student "property" is the right to an education ||
 * a. Notice and hearing || Goss v Lopez (1975) 419
 * b. Impartial tribunal ||  || School boards are presumed to be impartial tribunals so that a party alleging board bias has the burden of proving that charge. ||
 * c. Right to present and confront evdence ||  || Right to present evidence is universal, but the right to be notified of adverse evidence and to cross-examine witnesses is not. ||
 * d. Right to counsel ||  || The right to have one’s attorney present and participate in hearings depends on the nature of the hearings. ||
 * e. Hearing record and appeal ||  || Constitutional due process does not include a right to appeal to a higher tribunal from an administrative decision unless state law confers such a right.
 * f. Waiver & cure of procedural defects ||  || Students may wave their right to due process by conduct or by being declared. This is an intentional relinquishment that requires a school to document the action. If errors occur they can be cured or waived if deemed to be harmless. ||
 * g. Statutory procedures ||  || All employers must follow the set forth statutory precdures of dismissal, or dismissal will be seen as unfair. When placement of students is necessary it is also necessary to take the proper procedures set forth by federal, state and districts laws and policies. ||
 * ** B. Substantive Rights - Due Process ** || Roth vs Board of Regents and Perry vs Sindermann || Property interest arise from an independent source such as employment contracts or state tenure laws. If a liberty or property interest in employment is not created by the state then no requirements for due process are present if the employee is terminated. If a teacher possesses a liberty or property interest in employment, then procedural due process is required.
 * 1. General right to rational treatment ||  || The general right to be free from arbitrary government restraints or punishment, ie-- not rationally serving a valid school purpose, or that employ irrational means to achieve a proper purpose, limits school authority over students. ||
 * 2. Right to bodily security || Hall v Tawney
 * 3. Freedom of Expression || www.wasb.org: 120.13(1)(a)
 * Garcetti v. Ceballos** (May 2006)
 * Tinker v. Des Moines Sch. Dist., 393 U.S. 503


 * Mayer v. Monroe County Community School Corporation, 7th Circuit Court of Appeals**-teachers may be prevented from presenting person views in the classroom. || []: Limiting student speech that promotes illegal drug use.

http://www.wasb.org/cms/images/stories/school_law_index/c200705.pdf: Teacher free speech in the classroom

[] Free speech and personal web sites || "Housekeeping" Maintaining order Distributing of materials. [|Time, place, and manner regulations.doc] ||
 * a. Unprotected speech || Killion v Franklin regional school district || Unprotected speech is permissible until it is thought to cause subsequent disruption. ||
 * b. Offensive speech || **Bethel Sch. Dist. v. Fraser, 478 U.S. 675 (1986)** ||  ||
 * c. Time, place, and manner regulations || **Hazelwood School District v. Kuhlmeier-**nonpublic forum || Confinement for reason of:
 * d. Limits of protected speech || //Tinker v. Des Moines ind Community school district.

Bethel School v Fraser // (478 US 675 [1986]), || Personal Concern Pedagogical concern School sponsored Speech

|| //Board v Barnette// (319 US 624 [1943]) -Can't force Pledge of allegiance. || //"in loco parentis"// School acts as parents. ||
 * e. Critical speech || //Keyishian v Board of Regents// [385 US 589 {1967}
 * f. Student press, plays, & literature || **HAZELWOOD SCHOOL DISTRICT v. KUHLMEIER, 484 U.S. 260 (1988) School papers subject to censorship.**

[]Article on Seattle v. Dickson case || //New Rider v Board// (414 US 1097 [1973]) -Native american hair (style vs. culture) //Morse v Frederick// (06-278 [2007]), better known as the "Bong hits 4 Jesus"
 * Seattle v. Dickson County School Board (Curriclum and free speech issues)** || http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=484&invol=260: Article on Hazelwood case
 * g. Political & commercial advertisements || **941 F.2d 817 Planned Parenthood of Southern Nevada Inc v. Clark County School District** || []: Regulating Advertisers in School Publications ||
 * h. Symbolic expression, et al || **Breen v. Kahl (419 F. 2d 1034 (7th Cir. 1969)-**Case involving grooming (hair)


 * Olesen v. Board of Education (676 F. Supp. 820 (N.D. Ill. 1987**)-case involving a student suspended over wearing an earring.

www.wasb.org-118.2, 120.13

Cooper v. Eugene School District: Case involving a teacher wearing religious dress || [] Student Dress Code Article

[]-Teaching in religious dress

[]:Student Dress Codes Revisited || NO- Secret or separatist, hazing or preventing.
 * **__TOPIC__** || **__REFERENCES__** || ** __NOTES__ ** ||
 * i. Student organizations - freedom ||  || First amendment - Right to assemble.

must disclose bylaws and officers for oversight.

[|Student OrganizationsWisconsin state statue 118.doc] ||
 * j. Removal from class || [|www.wasb.org]: **118.164** || [[file:Wis state statue 118.doc]] [|http://www.weac.org/professional_resources/special_education/special_education_student_removal.asp] ||
 * k. Emancipation of a minor student || [|www.wasb.org]: **54.46(6)-**emancipation of married minors || [[file:Emancipation fo a minor.doc]] ||
 * ** C. Rights of privacy ** ||  ||   ||
 * 1. School searches || __**New Jersey v. T.L.O.**__, 469 U.S. 325(1985)

__**State vs. Angelia D.B.**__ || Most case law references the 4th Amendment of the Constitution that protects citizens from illegal search and seizures. Usually this refers to the police, but this was tested in New Jersey v. T.L.O. In this case the Supreme Court held that school officials were accountable under this amendment, but to a lesser degree than the police. Specifically the court found that school officials "could search the protected areas if they **__reasonably suspect__** that the search will yield contraband, evidence of a school rule violation, ordinance or crime."

[|Consensual and Non-Consensual Searches.doc] This document contains a basic description of and guidelines for consensual and non consensual searches.

__**Vehicle Searches**__ School officials may search the contents of a vehicle owned or operated by a student **if:**
 * the vehicle is on school grounds
 * their is __**reasonable suspicion**__

School officials may also search a vehicle if the student has given consent and owns or operates the vehicle.

__**Metal Detector and Point of Entry/Exit Inspections**__ [|Point of Entry and Metal Detector Inspections.doc] This document contains an excerpt on point of entry and metal detector inspections from the "Safe Schools Legal Resource Manual" || [|WI Strip Search Statue.doc]
 * 2. Body searches || Wis. Stats Secs. 118.32, 948.50

[|NEW JERSEY v T.L.O, 469 U.S. 325.doc]

[|**//Redding v. Safford Unified School District//**] **531 F.3d 1071, 1075-76 (9th Cir. 2008)** || Strip Searches - Do not do this!

> **reasonable suspicion, __but the school official should remember__** >> steps for a very good reason. The reason(s) need to indicate a serious >> violation and should also lead the official to believe that the sought after >> item is on the student's person. >> physical touching of the student. [|Search of a Students Person.doc] This document contains an excerpt on searching a student's person from the "Safe Schools Legal Resource Manual"
 * __Search of a Students Person__**
 * School officials have the right to search a student if they have a
 * since this is a more serious intrusion you should only be taking these
 * Officials should not search a student's person over minor infractions
 * School officials of the same gender as the student should do any

[|7 Reasonable Suspicion for Student Searches.pdf] This document contains information pertaining to what reasonable suspicion is and what it isn't. Pay special attention to the situation (Redding) of the principal looking for ibufrofen in a students bra strap. The intrusion did not match the violation. The document also explains __**New Jersey v. T.L.O.**__ and how the reasonable suspicion led to evidence and a reasonable suspicion that there was other evidence of a violation. __**Search of a Student's Personal Belongings**__ > etc.) that is going to be searched without touching the student. > a weapon) > to try to limit the scope of your search. > suspicion** that additional evidence will be found. [|Search of Personal Belongings.doc] This document contains an excerpt on searching personal belongings from the "Safe Schools Legal Resource Manual" || In Interest of Isiah B || This reference also links to a page describing all sections of 118.125 || __**[|2 Student Records Confidentiality.pdf]**__This document contains specific information in regard to confidentiality and student records.
 * Ask the student to put down the object or take off any outer clothing (jacket,
 * Give the option to "come clean" prior to search (unless you are looking for
 * Visually look for the item before having to physically search through belongings.
 * Physically search the most likely place first
 * Stop searching as soon as the item is found unless you have a **reasonable
 * 3. School desks and lockers || Wis. Stats Secs. 118.325 Locker Searches || [|Locker Searches Statue.doc] - Requires a written and distributed policy
 * 4. Informational privacy || [|Wis. Stats Secs. 118.125.doc]

[|Confidentiality of Records - Key Points.doc] This document contains a synopsis of the key points gleaned from the DPI's Student Records Confidentiality document. ||
 * 5. Dress Code || Wis. Stats Secs. 120.13(1)(a)

[|Wis. Stats. Secs. 118.001.doc] || (a) Make rules for the organization, gradation and government of the schools of the school district, including rules pertaining to conduct and dress of pupils in order to maintain good decorum and a favorable academic atmosphere, which shall take effect when approved by a majority of the school board and filed with the school district clerk. Subject to 20 USC 1415

[|Sample Dress Code Policy.doc] This document contains the High School Dress Code Policy from Lincoln High School. ||
 * 6. Locker Rooms || Wis. Stats. Sec. 942.08

Wis. Stats. Sec. 944.205

Doe. v. Dearborn Public Schools || The installation or use of a surveillance device as sophisticated as a camera or as simple as a peephole with with the intent to observe even a partially nude person constitutes a criminal invasion of privacy.

The taking or possession of a photograph or making a videotape or a person depicted nude without his/her knowledge and consent constitutes a felony.

[|SASD Locker Room Privacy]

[|January 2009 Law Review] ||
 * 7. Tests for alcohol ||  || Students who participate in extracurricular activities may be subject to drug testing in regard to the individual school's policy; however the student population cannot be subject to breathalyzer tests without reasonable suspicion by school officials--this is a "search" that must comply with the requirements of the Fourth Amendment ||
 * 8. Two way communication || United States v. Katz || People have a reasonable expectation of privacy in their private conversations, even if these conversations occur in places open to the public.

In the school setting, school officials may only utilize surveillance equipment to monitor or record any conversations that the official could hear with an unaided ear. Likewise, school officials should not monitor telephone conversations of students or staff without the consent of a participant in the conversation. ||
 * 9. Searchs by law enforcement || New Jersey v. T.L.O.

State v. Angelia D.B || Law enforcement is held to a higher standard of **reasonable suspicion**, but school officials have the authority to conduct warrantless searches as long as the officials have a **reasonable suspicion** to believe that the student possesses evidence of a crime or violation of school rules. See [|T.L.O. Standard]

A school liaison officer may participate in a T.L.O. type search as long as the officer is acting in conjunction with school officials and in furtherance of the school's objective to maintain a safe and proper educational environment. -School liaison officers may conduct searches on the lesser standard of reasonable suspicion if the school invites them to participate in the search || State v. Clappes || Professional standards that normally govern criminal investigation and interrogation of adults also apply in situations involving juveniles. [|See Miranda Principles] -Mere recitation of Miranda Warnings is not good enough. The juvenile must have the mental capacity to comprehend the significance of Miranda and the rights he/she is waiving. -Factors to consider: age, education/intelligence, length of questioning,was the juvenile informed of rights, or subjected to physical coercion or punishment || Regular Ed: 1997 Wisconsin Act 335 || [|Student Conduct.doc] Outline of the laws and cases involved with student conduct [|wb code of conduct.pdf] The West Bend School District's Code of Conduct || Wallace v. Batavia School District 101 || [|Corporal Punishment.doc] Outline of the laws and cases involved with corporal punishment [|corporal punishment wbsd.pdf] West Bend's outline of discipline in the staff handbook || United States v. Place Veronia School District 47J v. Acton 118.325 Locker Searches || [|Drug Detection Canines.doc]Outline of the laws and cases involved with drug detection canines [|Search and Seizure WBSD.pdf] [|Search and Seizure WBSD1.pdf] Policy from the West Bend School District || Outline of the laws and cases involved with student records [|wbsd pupil records.pdf] [|wbsd pupil records1.pdf] Policy from the West Bend School District [|3 FERPA.doc] Outlines the procedures under FERPA || Davis v. The Monroe Board of Education || [|Sexual Abuse.doc] || [|Locker Searches Statue.doc]
 * 10. Interrogation by Law Enforcement || Colorado v. Connelly
 * 11. Classroom Conduct || Special Ed: 2004 IDEA, Section 504
 * 12. Corporal Punishment || 118.31 Corporal Punishment
 * 13. Drug Detection Canines || Wisconsin v. Miller
 * 14. Student Records || 118.125 || [|Student Records.doc]
 * 15. Sexual Abuse/Harrassment || Title IX