1. Important Case Briefs EDAD859 Group 2 Veronica Dorsey, Jessica Fry, Gary Graham, David Graves, Angelique Gunderson

2. Tinker v Des Moines Topic Students’ First Amendment rights Supreme Court Decision In a 7 to 2 decision, the U.S. Supreme Court determined the students wearing of the armbands as a silent expression was protected by the First Amendment. The school failed to demonstrate that the actions of the students would interfere with appropriate school discipline. Educational Significance Students rights are protected under the First Amendment in as much as they do not disrupt the learning environment. School administrators have the burden of proving that a particular demonstration of expression will be significantly disruptive. Merely a desire to avoid the discomfort and unpleasantness of an unpopular view is not enough to justify the prohibition of the expression. When making determinations on disciplinary policy that may bring into question a students First Amendment rights, other cases should be noted as examples (i.e. Bethel School District v. Fraser, Morse v. Frederick, and Hazelwood v. Kuhlmeier)

3. Bethel School Dist v Fraser Topic The issue involved is whether or not students can say whatever they please with regard to the First Amendment during a public school forum. Ruling On additional appeal, the U.S. Supreme Court found that while public students have the right to advocate unpopular and controversial issues in school, that right must be balanced against the schools' interest in teaching socially appropriate behavior. A public school may legitimately establish standards of civil and mature conduct. The Court observed that such standards would be difficult to convey in a school that tolerated lewd, indecent and offensive speech and conduct that the student in this case exhibited. In conclusion, the school district's decision was upheld. Educational Significance School officials may restrict freedom of expression where there is evidence of material and substantial disruption, indecent or offensive speech, violation of school rules, destruction of school property, or disregard for authority. In each case, students must be provided minimal due process before any punitive action is taken. Buttons, pamphlets, and other insignia may be banned if the message communicated is vulgar or obscene or mock others based on race, origin, color, sex, or religion.

4. New Jersey v TLO Topic Unwarranted searches ad seizure of property Ruling The supreme court of New Jersey reversed the appellate division’s ruling and ordered the evidence found in T.L.O’s purse suppressed. The court proceeded to hold that whenever an “official search violates constitutional rights the evidence may not be used in a criminal case; they deemed the Choplick’s search was not reasonable. The mere possession of the cigarettes was not a violation of school rules; therefore a desire for evidence of smoking did not justify the search. Educational Significance Be extremely cautious when accusing or searching students Be aware of all rules and the fine print. Document all actions when dealing with behavior incidents Make sure there is reasonable suspicion to do the search and seizure initially

5. Hazelwood v Kuhlmeier Topic The high school principal prevented the school publication of Spectrum that profiled three pregnant students and quoted other students on reasons for their parents’ divorce. The principal was afraid that the identity of the three students would be revealed, sexual activity content was too graphic for younger students, and parents of students were not able to respond to comments made by students. Ruling Supreme Court reversed the ruling that the principal did not violate students free speech rights by ordering certain material removed from an issue of the student newspaper. Students’ First Amendment rights are not the same as those of adults due to the special characteristics of the school environment. Educational Significance The Hazelwood ruling has important implications for student newspapers that are part of the school’s curriculum in that restrictions may be placed on them based on reasonable grounds. Administrators may exercise greater authority in monitoring student press but care should be taken not to violate the student rights in the process. This may exercise content-based control over student expression and use of restricting student speech. Some states have passed laws guaranteeing that non-forum newspapers, such as the Hazelwood East High School newspaper, are guaranteed the rights that the First Amendment describes.

6. Goss v Lopez Topic Due process; Hearing or notice; Procedure when suspending a student for up to ten days. Ruling The state law was found unconstitutional both by the federal district court and again by the Supreme Court. The case determined that students facing suspensions of up to ten days or less were entitled to: 1. oral or written notice of charges 2. an explanation of evidence to be used against them, and 3. an opportunity to present their side of the issue Educational Significance Due process is a right of everyone according to the U.S. Constitution Every student must be given notice (oral or written) of the misconduct, an explanation of the evidence, and an opportunity for a hearing. Ensure every situation is handled carefully and the due process is adhered to. Ensure school policies align with state and federal law. Note that suspensions of more than 10 days require more formal procedures.

7. Lee v Wiseman Topic Inclusion of clergy to offer prayer as part of public school ceremonies Ruling The U.S. Supreme Court held that "Including clergy who offer prayers as part of an official public school graduation ceremony is forbidden by the Establishment Clause. Prayer exercises in elementary and secondary schools carry a particular risk of indirect coercion. The school district's supervision and control of a high school graduation ceremony places subtle and indirect public and peer pressure on attending students to stand as a group or maintain respectful silence during the invocation and benediction... The petitioners' argument that the option of not attending the ceremony excuses any inducement or coercion in the ceremony itself is rejected. In this society, high school graduation is one of life's most significant occasions, and a student is not free to absent herself from the exercise in any real sense of the term 'voluntary'..." The United States Supreme Court affirmed the United States Court of Appeals for the First Circuit judgment. Educational Significance This case clarifies that clergy may not lead the student body in prayer at a school-sponsored event. If administrators are approached about having clergy members offer a prayer at a school-sponsored event, suggest that they meet before the event to allow interested members to participate so that no one is excluded in their right to convene, and in protecting those that might be opposed, such allowance would protect them in their right to be free from what may be interpreted as coercion by this group.

8. Wisconsin v Yoder Topic Compulsory Attendance Laws Ruling The U.S. Supreme Court affirmed the decision in holding that the First Amendment prohibits state action that interferes with a parent’s right to control the religious upbring of their child. Educational Significance There are certain exceptions to the compulsory attendance requirements.

9. Stevens v Chesteen Topic Does a brief absence from class constitute breach of duty of reasonable supervision. Ruling The court ruled in favor of Chesteen noting that his absence in this situation does not breach his duty of reasonable supervision. Teenagers like Stevens often participate in “pick-up” football games that are completely unsupervised. This case involved a “touch” football game, and not a tackle game, thus making violent collisions involving bystanders unlikely. Education significance It is important for all teachers to properly supervise student to the best of their ability. If a child is restricted from participating in physical education class that student must be well away from any activity that could cause injury to them. Necessary precautions for this situation should be in writing and included in the class syllabus to avoid any legal troubles. One possible solution is moving injured student to the library to finish a written assignment about nutrition or exercise as a possible alternative while their injury heals.

10. Cox v. York County School Dist. No. 083. Topic Termination of probationary teachers Ruling The school board ruled against Cox. The district court favored Cox because the school district failed to provide Cox due process as required by law in deciding not to renew her contract. The district court ordered the school district to reinstate her. The school district appealed this decision. The Nebraska Supreme Court upheld this decision. They found that the Board did not meet the statutory requirement that Cox be evaluated at least once per semester based on actual classroom observations for an entire instructional period. Educational Significance Legal Significance for the Administrator: Follow state statutes regarding evaluation procedures Make sure to document all observations both formal and informal as well as comments. Follow district policy

11. C. Patricia Skinner v. Ogallala Public School Topic School Liability /Worker’s Compensation Ruling The Nebraska Supreme Court concluded that Skinner’s injuries did not arise in the course of her employment by the District and the Nebraska Worker’s Compensation Act did not bar her from bringing this tort action against the District. The court supported the trial court decision that found Skinner to be an invitee. Educational Significance: School districts will be held liable if the grounds and schools are not safe places even in “off” school hours. School districts should post warning signs and fix any areas that would pose a threat to someone’s safety immediately if they are to not be held at least partially liable if an injury occurs on school property.

12. Mitchell Crider v. Bayard City Schools. Topic Physical Therapy / Special Education Ruling The trial court dismissed the action. On review, the court reversed the judgment of the trial court. With regard to the physical therapy provider, the court held that the parents had, in fact, stated a cause of action. The court explained that once it undertook the contract to provide the child with services, the physical therapy provider had an obligation to provide those services with reasonable care. As to the school district, however, the court agreed with the trial court's conclusion that the school district's failure to monitor the physical therapy provider was not actionable. Education Significance: A free appropriate public education requires that each handicapped child be provided with personalized instruction with support services to permit the child to benefit educationally from that instruction, which instruction and services must be provided at public expense, must meet the state's educational standards, must approximate the grade levels used in the state's regular education, and must comply with the child's individualized educational program.

13. Norman v. Ogallala Public School. Topic Proper Instruction and Safety Issues Ruling Damages The trial courts award of $342,290.80 in damages. School District Appealed: The school claims the damages are excessive because Christopher has completely recovered from his injuries, has no limitations on his range of motion or his activities, and it is unlikely that he will incur future medical expenses. However, the record contains extensive evidence, including both testimony and photographs, demonstrating the pain that Christopher endured and the permanent scarring resulting from the burns. In addition to the pain Christopher endured, Christopher’s parents incurred medical bills in the amount of $44,614.54 as a direct result of Christopher’s injuries. The award of damages was not so excessive as to be the result of passion, prejudice, mistake, or some other means not apparent in the record.

14. Norman v. Ogallala Public School. Cont’d Ruling Appeal from the District Court for Keith County: John P. Murphy, Judge. Affirmed Educational Significance Proper instruction and Safety must take precedence over everything. The district must insure that the students and staff are properly educated to any dangers of and activity. All safety precautions must be taken or the activity should not take place.