Chapter 37 - DisciplineStudent Code of Conduct DecisionsThe board of trustees of an ISD shall with the advice of its district-levelcommittee establish a student code of conduct for the district. Chapter 37 DisciplineLaw and Order in the Texas Education Code provides the guidelines for establishing astudent code of conduct.TEC §37.001(a)(4): The board of trustees of an ISD may establish standards in thestudent code of conduct to specify whether consideration is given, as a factor in adecision to order suspension, removal to a disciplinary alternative education program, orexpulsion to:A. self-defense;B. intent or lack of intent at the time the student engaged in the conduct;C. a student’s disciplinary history; orD. a disability that substantially impairs the student’s capacity to appreciate thewrongfulness of the student’s conduct. http://www.tea.state.tx.us/index2.aspx?id=2806
Examples of important Supreme Court decisions involving public schools Student Discipline: http://www.cepionline.org/newsletter/2005-2006/2005_Sept_ Supreme_Court_Public_Education.html
Honig v Doe (1988): In the Court’s opinion, the “stay put” provision of IDEA prohibitsschool officials from unilaterally excluding students with disabilities from school for morethan 10-days, where the student’s misbehavior grows out of (i.e., is a manifestation of)his or her disability.Vernonia v Acton (1995) and Board of Education v Earls (2002): Taken together,these two decisions uphold random drug testing of public school students. In essencethe Court said, “ The privacy interests of students are limited in a public schoolenvironment.”Owasso I.S.D. v Falvo (2002) and Gonzaga University v Doe (2002): These decisionsdid not directly address the privacy rights of students. However, taken together they didestablish that the Family Educational Rights and Privacy Act (FERPA) does not giveprivate citizens a “private right to sue” under FERPA. http://www.cepionline.org/newsletter/2005-2006/2005_Sept_S
Robbins v. Lower Merion School District Webcam Gate Scandal http://www.examiner.com/teen-issues-in-philadelphia/lower-merion-parents- file-class-action-lawsuit-for-invasion-of-privacy-and-spying-on-kids-at-home http://en.wikipedia.org/wiki/Robbins_v._Lo wer_Merion_School_District
Bethel School District v. Fraser (478 U.S. 675, 1986) Free Expression for Studentshttp://www.ericksonmcgovern.com/data/img/paragraph/entry-2-web.jpg
Morse v. Frederick rick r ede _ v . _F ki/M orse ia .o r g/ w i iped n.wikht t p: / / e http://www.google.com/imgres? imgurl=http://images.morris.com/images/juneau/mdControlled/cms/2009/03/22/413174080.jpg&i mgrefurl=http://www.juneauempire.com/slideshows/032209/413173972/slide2.shtml&usg=__Yvir EfDqLOVRZjLVwNG- rUZTcSU=&h=500&w=334&sz=44&hl=en&start=18&zoom=1&itbs=1&tbnid=OyxVOSuNw5GHC M:&tbnh=130&tbnw=87&prev=/images%3Fq%3Djoseph%2Bfrederick%26hl%3Den%26safe %3Dactive%26sa%3DG%26gbv%3D2%26tbs%3Disch:1
Churubusco girls sue over disciplineACLU: Punishment for posting photos on MySpace violated free speech. http://shadowsfall.com/ main/wp- content/uploads/2010/0 7/myspace_logo.png
Student Who Dissed Teacher on Facebook Sues http: //ww w .fam .j il yelde evans ww.go o res? es/kath erine_ 0100 m/img mes.com/fil m/featured e- ogle.c moneyti e ytimes .co /2 ate-pa g rcare . / orghttp://w ttp://www.th w.themone d-facebook-himg url=h rl=http://ww suspende nRnE= grefu dent- BPT5P &tbni pg&im g-allows-stu -4xuce 1 lin D 0ntwV om=1&itbs= s 217/ru uit- 9vbjv4 rt=3&zo ge s sg=__ v=/ima file-law 764.html&u 1&hl=en&sta w=101&pre safe 0100 sz=1 =115 &tbn %26 id-1 6&w=2 50& :&tbnh 3Den 26hl% &h=28 R-sqFNZ7M 2BEvans% Disch:1 A % 3 d=p1_ DKatherine D2%26tbs% %3 3 %3Fq ve%26gbv% cti %3Da http://www.wired.com/threatlevel/2010/02/student /
February 22, 2010 (OAK FOREST, Ill.) (WLS) -- The family of a suburban Chicago high school student is considering legal action against theschool after their son was suspended for creating a Facebook page that criticized a teacher.Justin Bird, 16, a sophomore at Oak Forest High School, used his Facebook page to criticize a teacher.Oak Forest High Schools superintendent says the Facebook posting disrupted the school day, and thats why the student was suspended.Birds suspension has raised questions about whether school officials overstepped their authority.A few keyboard strokes, a click of the mouse and a new Facebook page is born. And almost just like that, Justin Bird was suspended."I did this on this laptop in my room, sitting on my chair. I dont know how they can come into my house and suspend me for what I did on myown time," said Bird.Bird admits he created a Facebook fan page on which he called a teacher a derogatory name. About 50 people became fans. And then, Justin tookit down. But the next day at school, he received a five-day suspension. His parents are now considering taking legal action against the school."I dont believe it is the schools place to come into our home and to tell...my son he is suspended for something he did at home," said Donna Bird,Justins mother.High School District 228 Superintendent Bill Kendall says what Bird wrote was "disrespectful, inappropriate and lewd. Even though it was done athome, it disrupted the school."But the American Civil Liberties Union says this case is part of a growing trend across the country.In another case, Katherine Evans was suspended from her high school in Florida for writing on a Facebook page that her teacher was "the worstteacher she ever had." Last week, a federal judge ruled that Evans could sue the principal.Legal experts say as long as students arent threatening a teacher, they are protected by the First Amendment, especially at home."We dont need a sort of governmental agent in the form of the school reaching into that household and correcting that behavior simply because theschool thinks it somehow involves them," said Ed Yohnka, ACLU spokesperson.Legal experts say there is much unchartered territory in the world of social networking. It may be a while before the U.S. Supreme Court takessuch a case because, much of the time, parents and students are so embarrassed, they accept the punishment and move on.Birds parents are looking for the right attorney.
Who is the ACLU and what do they gain by becoming involved?What do you think will be the final verdict in the two casesinvolving world-wide-web?Will the cases lay down the foundation for future lawsuits?Will the cases force state agency and school districts to rewritetheir student code of conduct?