u or your {amily ever have )ased views thai contlicted /ith events at your school? ie your views c0nservative .e., opposition to dancing, ctance of evolution theory, rparticipation when certajfl s were shown, etc.)? Were trictions imposed that you believed unnecessary? Perhaps the greatest point of tension concerning religion and cun'iculum is the theory of evolution. In the so-called "scopes Monkey Trial" in -1,)25, a high school teacher was convicted of violating a Tennessee regulation against teaching anything that contradicted the biblical Genesis accolrnt of the creation of humans. Although the conviction was overturned on a technicaliry controversy over the teaching of evolution in schools has continue d.In L982 Louisiana passed the Balanced Treatment Act, which required the teaching of both creationism and evolution. The U.S. Supreme Court ruled the act illegal because it endorsed creationism, a Chrlstian view, to the exclusion of other views. Some school districts, and even whole states, have afiempted to give equal time both to what some Christians believe about creation as embodied in the literal translation of the Bible and to evolution. Some districts have attempted to outlaw the teaching of evolution or to require a disclaimer stating that it is only a theory, one of many that try to explain the or:igin of humans. As you can see, the rights and responsibilities of teachers and stridents often inter- sect at the delicate point of separation of church and state. In some communities, and at some times of the year, preserwing this separation is challenging. What.[re the Legal Rights of Students? Students do not leave their constitutional rights at the schooihouse door. You may no- tice that there isn't a section of this chapter devoted to students' legal responsibilities. If there were, the section would be short. Students have the responsibility to go to school as long as it is cornpulsory (usually to age 1.6, but to age 1"8 in some locations). That's about it in terms of legal responsibilities. dlthough we hope students take re- sponsibility for their lear:ning and behavioq unless their behavior is deerned illegal or extrernely disruptive, there are no other laws binding them. Before 1969, students were not recognized as having First Amendment rights to free- dom of expression. The U.S. Supreme Court's decision kt Tinker v. Des Moines Inde- pend.ent Comnxunity Scbool District, 1,)6), provided a clear message that a student is entitled to freedom of expression, In this case, three students wore armbands to school to protest the war in Vietnam and were punished for doing so (LaMorte, 2012). The Tinker case reversed the school's stance and has been cited repeateclly since 1969. However, court challenges since Tinker have served to balance the rights of students to express themselves and the necessity of limiting personal freedom to ensure the safety and well-being of others. For students, understanding the need for this b ...

1. u or your {amily ever have
)ased views thai contlicted
/ith events at your school?
ie your views c0nservative
.e., opposition to dancing,
ctance of evolution theory,
rparticipation when certajfl
s were shown, etc.)? Were
trictions imposed that you
believed unnecessary?
Perhaps the greatest point of tension concerning religion and
cun'iculum is the
theory of evolution. In the so-called "scopes Monkey Trial" in -
1,)25, a high school
teacher was convicted of violating a Tennessee regulation
against teaching anything
that contradicted the biblical Genesis accolrnt of the creation of
humans. Although the
conviction was overturned on a technicaliry controversy over
the teaching of evolution
in schools has continue d.In L982 Louisiana passed the
Balanced Treatment Act, which

2. required the teaching of both creationism and evolution. The
U.S. Supreme Court ruled
the act illegal because it endorsed creationism, a Chrlstian view,
to the exclusion of
other views. Some school districts, and even whole states, have
afiempted to give equal
time both to what some Christians believe about creation as
embodied in the literal
translation of the Bible and to evolution. Some districts have
attempted to outlaw the
teaching of evolution or to require a disclaimer stating that it is
only a theory, one of
many that try to explain the or:igin of humans.
As you can see, the rights and responsibilities of teachers and
stridents often inter-
sect at the delicate point of separation of church and state. In
some communities, and
at some times of the year, preserwing this separation is
challenging.
What.[re the Legal Rights of Students?
Students do not leave their constitutional rights at the
schooihouse door. You may no-
tice that there isn't a section of this chapter devoted to students'
legal responsibilities.
If there were, the section would be short. Students have the
responsibility to go to
school as long as it is cornpulsory (usually to age 1.6, but to
age 1"8 in some locations).
That's about it in terms of legal responsibilities. dlthough we
hope students take re-
sponsibility for their lear:ning and behavioq unless their
behavior is deerned illegal or
extrernely disruptive, there are no other laws binding them.

3. Before 1969, students were not recognized as having First
Amendment rights to free-
dom of expression. The U.S. Supreme Court's decision kt Tinker
v. Des Moines Inde-
pend.ent Comnxunity Scbool District, 1,)6), provided a clear
message that a student is
entitled to freedom of expression, In this case, three students
wore armbands to school
to protest the war in Vietnam and were punished for doing so
(LaMorte, 2012). The
Tinker case reversed the school's stance and has been cited
repeateclly since 1969.
However, court challenges since Tinker have served to balance
the rights of students
to express themselves and the necessity of limiting personal
freedom to ensure the
safety and well-being of others. For students, understanding the
need for this balance
is a lesson in the principles of democracy.
$"reedosm of sgxxbe3ic #Hg)trsssisrs, The Tinker decision so
influenced how stu-
dents are viewed in relation to freedom of expression that it is
known as the Tinker
doctrine. This doctrine extends to symbolic freedom. Students
are allowed to express
their views symbolically through what they weat as long as it
doesn't disrupt the
educational process.
Dress codes. Since the 1960s, numerous lawsuits have been
initiated over the restric-
tions imposed by dress codes, but the U.S. Supreme Court has
not ruled on the issue.
ht 1972, Justice Black wrote that the U.S. Constitution doesn't
require the coults to

4. bear the burden of supervising clothing or hairstyles.
However, schools are concerned about immodest dress and
unusual hairstyles
because they could disrupt the educational atrnosphere of the
classroom as well as
lead to more serious issues. For instance, violence generated by
gangs and groups
such as the "trench caat r::rafia" (the students associated with
the L999 Columbrine
school shootings) has prompted educators to identifu and
attempt to ban insignia
Chapter 10
clothing and hats associated with specific groups. LaMorte
(2008) lists
the following as school concems:
. T-shirts clepicting violence, drugs (e.g., mariiuana leaves),
racial
epithets
" rippecl, baggy, or saggy pants or jeans
. colored bandanas
. basetrall or other hats
o words shaved into scalps
. brightly colored hair
. exposed underwear
. tattoos, . . . pierced noses
. decorative dental caps (p. 172)
These forms of symbolic expression are not protected by the
First

5. Amendment because they may contribute to school unrest. Most
dress
codes outlaw some or all of the items in LaMorte's list.
However, trecause
some of the items are associated with particular cultures, it is
difficult for
schools to designate them without appearing to be biased. Rules
desig-
nating skilt length, requiring belts, ancl prohibiting exposed
midriffs are
more generic but still hard to enforce.
Uniforms, Dress cocles are often ambiguous, leaving much
room for
interpretation. They can iilfringe on learning time if teachers
are ex-
pected to watch for and report violations. Thus some schools
and entire
districts choose to impose a uniform policy, giving sturdents
several modest, relatively
piain choices of clothing. Currently, rnore than half the states
have schools with uni-
form policies. Some large cities, such as Long Beach, Chicago,
and San Antonio, re-
quire at least elementary students to wear uniforms. rn 2oa2
Memphis, Tennessee,
became the nation's first large public school district to adopt a
uniform policy in all
of its 175 schools.
Fublic schools that impose uniform policies must provide an
opt-out clause for pa::-
ents who don't want their children to participate. For instance,
some parents may not
want tleir children to wear a uniform because it conflicts with
the clothing traditions

6. of their religion. Other parents may request to be exempt simply
because their children
don't want to wear the uniform and are persistently making that
clear. Private schools
do not receive government support and, unlike public schools,
may impose a uniform
policy on all students without allowing them to opt out.
Before we discuss student freedom of speech, consider focus
teacher Brenda Beyal
and a dilemrna she faced that began with symbolic freedom in
Figure 10.6. Reflect on
the opportunities for Brenda and her students to learn about
aspects of culflrre and a
brelief system with which they are not familiar, and then
thoughtfully respond to the
questions.
in 1986 when a student made a speech containing sexual
innuendo in a high school
assembly. He was reprirnanded and subsequently sued the
school, claiming that his
freedom of speech was denied. The case, Betbel scbaol District
No. 4aj v. Fraser, 1)86,
went to the u.s. supreme court, where the adolescent lost. The
court ruled that a
school does not have to accept indecent or offensive speech,
dthough students enjoy free speech, it does have lirrrits. An
individual student's
freedom of speech, as well as freedom of the press, must be
balanced against ilre
school's ability to maintain a safe and civil atmosphere, where
all students and teachers
are showll respect.

7. Students often enjoy expressing
personal taste in their choices of
clothing and shoes.
Paints of freflection IA.7
Did your schools have dress codes
or uniforms? What do you remem-
ber about them? Did you feel that
your freed0m of expression was
rcstrioted by what the schools said
you could and couldn't wear?
As a future teacher, do you like the
idea of dress codss or uniforms?
Why or why not? Are they
more important at partioular
levels o{ schsol?
Ethical and Legal Issues irr U.S. Schools
Fi"- .j=lryrytu
ffi
ffiffi
ffi:w'tffw

8. Erenda Eeyals dilemma
As a teacher in a multiage classtoom, Brenda lle.-val enioys the
fact tlut
her school, colleagues, and students are opefl minded ancl
accepting
of clift"erences. She also erjoys the status of her sclool as afl
arts-
fbc'used elementary. The arrival ol tll.in filth grade girls in
Benda's
classroom 2 weeks alier school be1;an proved tr.) be both a
challenge
and an opportunily.
Amira and Farah were the first chilctren of tladitional Muslim
parents
to aftend Brenda's school. 'I'hese ll-year-old ts.ins walked into
Ilrenda's classrclom one Friday morniag in September'. They
wore
loose-fittiftg pants and long tunic tops, along witl.! scalves on
their'
heacls that cotrrpletelli covered their hair. Amira and Faruh
srnilecl
sweetly and took their seats at a table with tlrree other children.
Brenda welcomed them and invited the
gids to introduce thenrselves to the class. Amira went first and
explained tlrat her nafi1e meansp/ir?cers
in Islam. Therr F'arah fcrlloq,e<l suit by saying tlrar her nanre
n:rears happiizess.
Ilrelda lud been told she woulcl have two ilew students, but she
had not been told that the {iiris were
part of a very traditional JVluslirn family and that there *.ould
he some challenges because of their being

9. the first $tudents of the Isiarr1ic faith il1 the school. Here are
some r:f the challeng<s Brenda faced:
. A school rule stales that headgear rnay not be worn in the
school building. The girls wate bijab,
t,"ditiolul Muslinl head$'ea r.
. Anrira and Farah arrived in the n'dddle of Rarnadan, a Muslim
moflth in'"vfuch believers fast during
daylight hours.
. Anrfa and Farah are required to pray live rimes a day, and two
of the tirnes fall widlin the school da1,.
. The parelts of Amira and Farah talked *,ith Principal Larsen
and told him they are aware that his
school is known for the arts. They Irave concerns because (in
their tradition) danc.e senes oo pur-
pose, and needlessly causes Sgids and bolrs to come in contact;
they lin<l some music offensire; and
Mu.slirn children ale not allowed to draw human figures.
r Although Islam is one of the fastc'st €lrowing digious sects in
the {.i.S. today, sentilr}ent in the Uflited
States is often unfavorable towa(l people of the Muslim faith,
especially fbllowing the evelt$ of 9/11.
"Ihe uncle of one of Bren<Ia's studerts was killed in the 2OO1
terrorist attack on the lvorld Trade
Centir in New lbrk Ciry
Think about Brenda's challenges and opportunilie$ to help all
her studexts learn about-and from-each
other'.s siftiladties and dif'ference.s. llelipond to these iten$ by
writing one well-developecl paragraph
answering each of the tbllowing three questiors;

10. 1. ls it legal for Amira an<l l;arah to pause twice each day for
prayer and refuse to eat lunch during
Ranladan? If not, why? If so, how n{ght l}renda explain this to
her studenfs?
2. Should the schcol mles be relaxed to allow Amira and Farah
to *'ezr bijaW If not, how shoul<l
Ilrenda handle the situation? If s<1, how might Brenda explain
this rule valiatiori to her students?
J. On September 11 of each school )'ear, a tradifion at Rees
consists of snrderts reading stories
$,ritten b-v chilclren allout the heroes of the 2O0l terrori6t
attack in i.{er+'York City. laura, the niec*
of a tiretiglrter r.ho losl hi.s lit'e in thc v/orld ltade Ceflter
bombing, bdngs a picture cf her uncle
each year as part of a rnemorial. I'hen Afirira ancl Farah arrive
at Rees, the cofiuiternoration is only
a I'ew days av.'ay. Brenda anticipates there will be questions
from students, perhaps expressed pr!
vately to her, ahout *.hether the nerfi/ girls are part of the group
responsilre lbr the tiagedy. What
are three points Brenda shoukl make to her students?
.il''-ql',+qi,r":.-lri r:::1 i:ir.,e;i:t+i't*:t:r., Sichootr publications
hawe long been fertile gtouncl for
disputes about students' rights to express thernselves. In
atternpts to make school
rrewspapers relevant and tr-uly student ourned, students tend to
'r/r]ite
about what's
on the ffiifids of clarisrrrates, no rnatter how contrcversial"
Howev€r, it is clear fi'om
court decisions such as H$.xelwood. Schaol flistrict v.

11. Kubl*zei.er", 1988, that teacfiers
alrd adrninistmtors rnay exercise editorial control over school
putrlication$. The court
upheld an educator's right to deiete certailr student writing trom
school-sponsored
publications.
.Fol' all three forms .ff expressicn*symholic, speech, and
written-stlrdrnts' rights
rnuot be baianced with what ie in tire best inters$t of thc school
poputration" The aclults irr
charge-schoal board memtler:s, district personnetr,
adrninistrators, and teachers-Ir1ust
Chapter I0
EDU 110 Online Debate:
Topic One: Schools for Gifted Students. Read the Opinion Page
article on p. 287-88 of your
text. We have schools in Horry County, which also have high
academic criteria for admission -
The Scholars Academy (housed at Coastal Carolina University)
and The STEM Frogram (housed
at the Academy for Arts, Science, & Technology).
The question of how best to educate gifted children is
controversial.
Below you will find the following threads I started:

12. lN Favor: Argue in favor of proposed schools exclusively for
gifted or high performing students.
OPPOSED: Argue against proposed schools exclusively for
gifted or high performing students.
CHANGE YOUR MIND: Use this thread for your final posts.
Day 2: Counterargument- Read one of the opposing posts and
reply (if someone else has
already replied, choose a different post). Your neply post should
be no more than 500 words
and include the following:
a. At least two challenging questions for them to answer.
b. Refute the factors established in their stance-this might
Include some of the
information from your post. **lf everyane hos not submitted by
the due dote,
Topic Two: Dress Code. Carefully read the section of the
chapter on the Legal Rights of Students p.
304- 305 as well as teacher Brenda Beyal's ethical dilemma on
p. 306. You may also wish to review HCS
District's Dress Code policy.
ln FAVOR: Argue in favor of the school district's rights to
govern strict dress code and uniform
policies.
OPPOSED: Argue against such strict policies as a violation of
students' freedom of speech.
CHANGE YOUR MIND: Use this thread for your final posts.

13. Discussion lnstructions:
Day 1: Argument- For each topic, students will be divided into
groups who will argue ln Favor
and those who will argue Opposed. After reading the assigned
pages from your text and doing
additional research, post under the appropriate thread (see the
Discussion Board for due dates
for each post). Your post should be no more than L,000 words
to support your position and
include the following:
a. Define the issue.
b. Endorse the side you are on and explain why using specific
evidence from
your text and research (give credit to your sources).
you may respond to a post that already hos a response-make
sure EVERY
post has a response befare submitting o second reply. **
Day 3: Rebuttal- Go back and read the reply posted to your
original post {if you have more than
one reply, just respond to the first). Answer questions and post
a "closing argument." No more
than 500 words.
Day 4: Finally, submit one final post to reflect if you changed
your mind after reading the other
posts. Specifically include why or why not. No less than 400

14. words and no more than 500.
It is very important that you complete each step on time! Failure
to do so will result in o poor
grode on this assignment. Remember in o live, face to foce
debate, all of this would take
place in araund one hour.
(Poge L7 of HCS Student Rights ond Responsibilities
Handbook)
l. The following clothing will not be worn by students in
school:
A. Gym suits or gym uniforms, except for gym classes or
special events.
B. Tank tops, halter-tops, tube tops, fishnet shirts or tops,
strapless dresses or
dresses and tops with narrow shoulder straps.
C. Stretch lycra, spandex or nylon tights, leotards, biker pants,
biker shorts,
underwear or cutoffs worn as outer garments.
D. Clothing which displays obscene or violent themes, designs,
or pictures; or
conveys sexually suggestive, alcohol, or drug-related messages;
contains
profanity; or any clothing that is hazardous or distractive to the
normal
operation of the school.

15. E. Shirts, blouses or dresses which expose the midriff, navel or
cleavage.
F. Undershirts worn as blouses or shirts.
G. Curlers, picks, combs, or rakes in the hair.
H. Headgear of any kind and sunglasses.
l. Clothing that sags below the waist line or must be held in
place with the
hands.
J. Students may not wear shirts as dresses.
2. Girls may wear hemmed walking shorts, shorts, or split
skirts, skirts or dresses
reaching at least to the tips of the fingers with both the student's
hands at the side.
3. Boys may wear hemmed walking shorts reaching at least to
the tips of the fingers
with both of the student's hands at the side.
4. Appropriate footwear must be worn at all times in school
buildings. . ,,:,:',
"':: ':.: ,:.:,'. dod shoes must be fastened with the appropriate
closures" Elementary school
aged children are required to wear shoes that enclose the entire
foot. Shoes should not
pose a health or safety hazard to students. Appropriate footwear
murst be worn during
physical activity.

16. 5. Students will be required to wear uniform dress in schools
with School Board approved
uniform dress codes.