Assignment #3

Pgs 84 -129

1. The case of Tinker v. Des Moines Independent Community School District had huge impact on school disciplinary
issues and in particular, those issues that take judgment to solve, the ones I refer to as the gray ones. By gray
ones, I mean the ones that you can sit and play the issue back and forth in your head trying to determine if the
issue is protected by the constitution or protected by the right of the school to operate. Fundamentally, the case
created two very pronounced reasons that a school principal can use to determine if there is a need for action. See
if you can determine those two reasons. Hint one is fairly easy, the other may take some thought or deeper
research. Both become judgment calls.

a. The case of Tinker v. Des Moines seems to be a turning point in how a court makes their
ruling. Prior to the 1970s courts usually upheld school authorities who demonstrated that their
actions were reasonable. Public schools were perceived as enjoying parental prerogatives (in
loco parentis) and it was uncertain whether any constitutional rights extended to
students. However, in this case it declared that students do not shed their constitutional rights to
freedom of speech or expression at the schoolhouse gate. In 1975 it was held that public school
students possess liberty and property interests in their education and due process.
b. This case dealt with the first amendment and the freedom of speech or
expression. Students wanted to wear armbands to protest the Vietnam War. It was ruled that
student has the right of political freedom of expression. It was then ruled that school authorities
have to have reason to anticipate that the wearing of the armbands would substantially interfere
with the work of the school or impinge upon the rights of other students.
i.This case does allow for freedom of expression however, it doesnt protect
students from being disrespectful, conduct as insolence, cursing, screaming is
not protected by the first amendment. This would allow for the principal to
take action if a student is behaving in this way. I think that a principal
would have to ask themselves If a student does this, does it
substantially interfere with the work of the school or impinge upon the
rights of other students? If it does than I feel the principal has the
authority to act on the situation and authorize the necessary disciplinary
actions. This would be difficult to determine if it would cause a
substantial interference or just a slight interference.
ii.The fourteenth amendment would also become a part of the decision
making. A citizen of the United States has privileges or immunities
without due process of the law. So, if a student is expressing themselves
they have the right to do so because it is a privilege for them to do
so. These rights are within reason and shouldnt substantially interfere
with the work of the school or the rights of the other students.

2. Today, at Your High School, a group of rather viral male athletes came to school with armbands bearing the
symbol ying/yang covered by a red circle and a line through it. Recently you chatted with the principal about these cases in
the law book. He has called you to his office and explained what is going on. He asks you for your advice about his decision
to watch and wait? What thoughts run through your mind as you prepare to speak to him?

a. This is similar to the case of Tinker v. Des Moines. The courts ruled that students have
the rights of political freedom of expression and do not loose the right to free speech and
expression when they enter the school. I would mention this to the principal and see what
 information is in the district policy manual on dress code and the rights of the students while in
the building. Does the school make mention of displaying political beliefs?
b. It would be wise to watch and wait. If the male athletes remain silent and the other
students arent upset by the armbands, verbal and physical fights are not happening, and there
isnt a substantial interference to the school day, then the students have the right to wear the
armbands. The boys could just want the attention and after a few days they will stop by
themselves or the novelty will wear off. If the armbands start to create disturbances than the
school can ask the students to remove the arm bands.
c. You could even just talk to the boys and see why they are wearing the armbands and
what their theory is behind wearing them. Possibly explain to the boys that if it becomes a
problem and creates a disturbance with other students and the educational process they will be
asked to remove the armbands.

3. The Family Educational Rights and Privacy Act of 1974 is one that a public school administrator must have a firm
working understanding about. The levels of information cited in the act require different levels of protections.

a. Find the act and then find your school district policy about the student records and see they are congruent.
i.The Family Educational Rights and Privacy Act of 1974 is also known as FERPA. It creates
laws that include the opportunity for parents to inspect and review the education records of their
children, challenge the record if it is inaccurate or misleading, correct or delete an inaccurate or
misleading data, and have access to the names of those person or authorized agencies who have
requested or obtained information from a students record.
ii.WCPS provides parents and/or an eligible student (18 years of age or older) access to the
education records of the students. Explanation and interpretation of the educational records will
be provided to the parents in their native languages. A request to access educational records
must be submitted in writing to and granted by the principal. It does follow the FERPA
guidelines.
iii.Buckley Amendment no funds should be made available to any educational agency which has
a policy of denying or prevents parents of students the right to inspect and review the education
records of their children.

b. Find the answer to this question Can a court of law mandate that records be disclosed to the court?
.http://familypolicy.ed.gov/faq-page#t55n76
i.FERPA permits the disclosure of educational records without consent
with a lawfully issued subpoena or judicial order. Generally, a school
must make a reasonable effort to notify the parent or eligible student of
the subpoena before complying with it in order to allow the parent or
student to opportunity to seek protective action, unless certain
exceptions apply.

c. Determine if the personal notes of the counselor are also considered as records and if so, can a court mandate the
right to see them?
.http://familypolicy.ed.gov/faq-page#t69n420
i.The personal notes of the school counselor are not considered as educational records and
wouldnt be included in the students file. Information from the personal notes could be included
if the student has had SST meetings or have a 504 plan. FERPA doesnt prohibit a school
 official from releasing information about a student that they have obtained or from their own
personal knowledge.
ii.http://www.schoolcounselor.org/school-counselors-members/legal-ethical/legal-ethical-faq
iii.Never respond to a subpoena until you have consulted with the legal representative for your
school district, who may be able to get a motion to quash the subpoena. Try to keep your records
and opinions out of court unless in a case of abuse. The counselors loyalty is to the students and
the confidentiality we owe them. You want to protect their privacy to the extent possible. If all
attempts fail in keeping your records out of the court you must submit them for the court for
viewing.

I would share with you that these might seem like trivial questions until a divorce occurs and one parents lawyer is trying to
prove the other parent is not a suitable custodian for the child.

4. As one reads through these court cases there is the feel that the courts simply dont play out the I think theory.
Rather, much hinges on the school system and in particular written school system governance. From the District Policy
Manual, pull the two policy statements cited below and write a paragraph about the ability of each to stand the scrutiny of the
courts.

a. Would the policy in place for the school district allow the principal to censor and forbid the publishing of a class
blog or website in which makes negative comments about big muscled jocks and athletes in general? Briefly explain why
or why not. The website/blog is fully created in school, held on school servers, and part of media club that is overseen by a
rather liberal teacher.
i.Websites must comply with expectations and all other relevant Washington County Board of
Education policies. Failure to do so could result in the loss of website privileges. The principal
or program administrator shall designate one employee in the participating group as the website
manager or content contributor (this could possibly be the liberal media club teacher). It is this
persons duty to ensure the content on their sites follow the expectations and BOE policies. All
the contents of the websites must be school, curriculum, or school system related. In this case
the principal could censor or forbid the publishing of this information because according to the
policy handbook it says that personally identifiable information of students and staff shall NOT
be published (FERPA).
ii.WCPS does have a code of conduct that is guided by six standards that are based on the
Josephson Institute of Ethics Character Counts pillars: trustworthiness, respect, responsibility,
fairness, caring, and citizenship. Legal Reference: Annotated Code of Maryland Education
Article 7-306 Each county board shall adopt regulations designed to create and maintain within
the schools under its jurisdiction the atmosphere of order and discipline necessary for effective
learning. It also states in the policy handbook that cyberbullying is prohibited.

b. Look at the field trip policy or student discipline policy and determine whether or not there are appropriate
safeguards to allow the principal to deny a student to participate in a field trip for educational purposes on the grounds of
previous discipline issues. Not a discipline issue that is currently pending. In this case, the teachers who will be going on the
field trip to chaperone claim the student shouldnt get to go because of previous infractions. He was caught smoking in the
school, throwing peas in the lunchroom, and he was disruptive in a class. Altogether he has been in-school suspended,
suspended for one day, and then suspended for three days. His next infraction would cause him to face a 5 day suspension
from school. If you were the principal, would either of the policies mentioned give you the right to tell him he couldnt go on
the field trip?
.WCPS does have a student conduct ineligibility where it states that
students attending dances, concerts, athletic contests, field trips, etc., are
 expected to follow school rules. Students may be declared ineligible to
participate in any extracurricular activities for a given period of time at
the discretion of the school administration. Violations of rules of
conduct for field trips, band trips, athletic trips, disruption of assemblies,
and other school activity agreements, may result in ineligibility. So
based on past behaviors I feel that the principal would be justified to not
allow the students to attend the field trip. This student has already
demonstrated on numerous occasions that they can not meet the WCPS
academic and behavior standards. Students do need to be informed if
they are ineligible to participate in all or some extracurricular activities.

5. In the first assignment you did well in your comparison about student discipline issues between the states and
particularly so about suspension. Read Goss vs. Lopez and Gonzales v. Mceuen and absorb the views of the courts.
Expulsion is so entwined with procedure that as a principal you will almost always be working with the superintendent and
the district solicitor, and in some cases a lawyer specializing in school law, as you negotiate through an expulsion case. You
know enough to know to go look up the exact steps and follow them closely or take the advice of the attorney as you
proceed. In most cases, expulsion never occurs because the parent either takes the child to some other form of schooling or
the District moves to an alternative placement.

. Expulsion is an exclusion from school for the remainder of a quarter, for a semester, for
an academic year, or permanently, and it occurs on repeated or major infractions of school rules
or criminal conviction.
a. Students must be provided due process prior to their being excluded from
school. Nondisabled students may also be transferred, for disciplinary reasons, to another school
from the one they are attending. Courts have to determine the degree of due process required
prior to such a transfer.
b. Goss v. Lopez
.Students parents must be notified within 24 hours and state the reasons for the action.
i.A pupil who is expelled, or the parents, may appeal the decision to the BOE and be permitted to
be heard at the board meeting. The board may reinstate the pupil following the hearing.
ii.Students facing suspension and the consequent interference with a protected property interest
must be given some kind of notice and afforded some kids of hearing.
iii.The Due Process Clause also forbids arbitrary deprivations of liberty.
c. Gonzales v. Mceuen
.Was brought forward under the Civil Rights Act and the Due Process Clause of the Fourteenth
Amendment to the Constitution of the United States.
i.Students were given notice of the hearing but the students, parents, or counsel were not present
when the ruling of expulsion was given.
d. In WCPS an expulsion means that the student cannot attend any regular day school
program of the WCPS during the period of expulsion. A student may be recommended for
expulsion for the following offenses: arson, possession of a weapon or physical assault leading to
serious bodily injury.
.Upon notification of the receipt of the request, the Supervisor of Student Services shall direct the
PPW to meet with the student and parents, provide an additional opportunity for due process, and
thoroughly investigate the disciplinary incident.
i.A parent may file for an appeal in writing, within 10 days of the decision with the Office of
Student Services. A parent can then appeal this decision with the Superintendent of Schools and
then finally appeal to the School Board. The decision of the Board of Education is final.

Read the following actual case and answer the question at the end. The ski club advisor, using a discipline referral form,
reported to the principal on Friday morning that 6 girls were rude and obnoxious on the way home from the ski event
Thursday evening. They were jumping around on the bus, making excessive squealing noises, and the driver ask the
advisor to calm the girls down. The advisor made several attempts over a period of 40 minutes to quiet the girls but to no
avail. The advisor wants them to face consequences for disrespectful and inappropriate behavior. None of the 6 girls have
ever had a disciplinary infraction and each is a very good student, all in 8 th grade. This was the last ski event of the year.
The principal was very busy and the assistant principal was out on a personal day. By the time the principal got around to
calling all 6 girls to the office he was about 5 minutes from lunch duty that the assistant principal always covered.

With all six girls seated in the principal's conference room he asked what was going on in the bus coming home from the ski
event the evening before. Without waiting for a response he instantly blurted out Well I already know what went on, the 6 of
you created noise and a fracas in the back of the bus and you wouldnt calm down and settle even though Mrs. Doe came to
you on several occasions and advised you to do so. I am suspending each of you in-school for one day and you will not be
able to participate in the next school dance because of the suspension. Now get back to class and understand how
potentially dangerous your behavior was as it distracted the driver.

The girls left the office and the paperwork was picked up by them and taken home. In- school suspension would be held the
next Tuesday. On Monday morning, 2 sets of parents awaited the principal as he entered the office. Recognizing both sets
of parents he asked if they were there to see him and his fear was immediately affirmed; they were.

Based on the materials you have read through to date, and particularly Goss v. Lopez, what were the possible issues the
parents might bring up that had merit? You should assume that the discipline policy allowed for in-school suspension for
inappropriate or disrespectful behavior. Now this course is about the law but in general, parents only move to the law to
solve problems when they feel the school, and in most cases the administrator, has wronged their child. So, after you tell me
what issues the parents might bring up, tell me how you might solve this dilemma so it doesnt escalate into the courts.

In WCPS handbook, it states that a student can be suspended when the students behavior
interferes with the efforts of teachers and students to learn or when the safety of the
students and teachers is involved.
Also, the they must have a Jr. High dance as a high school dance in WCPS is for students
in grades 9-12.
Since the girls havent had any previous altercations pertaining to behavior and causing
disturbances the punishment seems a bit harsh. Even though they have caused a safety
issue and were told multiple times to settle down without compliance an alternative
would be to just not permit the girls from attending the dance due to their behavior or one
or two detentions instead of going straight to in-school suspension. The detentions would
be warranted since they were disrespectful and wouldnt settle down after adults have
told them to do so. This would also assist in not allowing it to escalate into the
courts. Just apologize for over-reacting and discuss the safety problems that could have
happened. The group of girls were very fortunate this time to not cause an accident or
serious injury.
The possible issues the parents might bring up is;
Students must be given due process according the 14 Amendment and the case of
th

Goss v. Lopez.
 The principal didnt give the students due process and allow them to explain
themselves before the punishment was issued.
The parents were not notified and given reasons for the actions.