Constitutional Issues in Public Education: A Legal and Practical Primer
A Presentation for the Colorado Charter School Conference by Joseph B. Urban on February 26, 2015.
Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in t...virgilio gundayao
Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in the Philippines which are geared towards the improving the quality of education in the country, specially the public school teachers, college professors in the LUCs, SUCs, TVETs, etc. Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in the Philippines
Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in t...virgilio gundayao
Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in the Philippines which are geared towards the improving the quality of education in the country, specially the public school teachers, college professors in the LUCs, SUCs, TVETs, etc. Prohibited Acts, Transactions & Omissions (PATO) for Teachers/Professors in the Philippines
Duties and Responsibilities of a TeacherMiah Suarez
These are the duties and responsibilities of a teacher based on Law.
I used this in my report in PHILO102, so that's why there's the watermark of my school. But I'm hoping it will help you. :)
(Code of Ethics and Philippine Constitution)
Dr. AMI RATHOD
Assistant Professor,
Lokmanya Tialk Teachers Training College (CTE),Dabok
Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed To Be) University
UDAIPUR (RAJ.)
313022
Mob-9829302820
The presentation discusses about the RA 4670 which is the "MAGNACARTA FOR PUBLIC SCHOOL TEACHERS". This highlights the benefits and rights of teachers, etc.
R.A. 7836 The Philippine Teachers Professionalization Act of 1994 is an act that mandates the conduct of the Licensure Examination for Teachers of LET. Enacted in recognition for the "role of teachers in nation-building and development through a responsible and literate citizenry."
I prepared this PowerPoint presentation with my Pupillage Group for the Garland R. Walker American Inn of Court CLE (continuing legal education) dinner/lecture in November 2009 on Sovereign and Diplomatic Immunity.
Copyright. For educational use only. Credit me by name and the GWIOC with any permissible use.
Duties and Responsibilities of a TeacherMiah Suarez
These are the duties and responsibilities of a teacher based on Law.
I used this in my report in PHILO102, so that's why there's the watermark of my school. But I'm hoping it will help you. :)
(Code of Ethics and Philippine Constitution)
Dr. AMI RATHOD
Assistant Professor,
Lokmanya Tialk Teachers Training College (CTE),Dabok
Janardan Rai Nagar Rajasthan Vidyapeeth (Deemed To Be) University
UDAIPUR (RAJ.)
313022
Mob-9829302820
The presentation discusses about the RA 4670 which is the "MAGNACARTA FOR PUBLIC SCHOOL TEACHERS". This highlights the benefits and rights of teachers, etc.
R.A. 7836 The Philippine Teachers Professionalization Act of 1994 is an act that mandates the conduct of the Licensure Examination for Teachers of LET. Enacted in recognition for the "role of teachers in nation-building and development through a responsible and literate citizenry."
I prepared this PowerPoint presentation with my Pupillage Group for the Garland R. Walker American Inn of Court CLE (continuing legal education) dinner/lecture in November 2009 on Sovereign and Diplomatic Immunity.
Copyright. For educational use only. Credit me by name and the GWIOC with any permissible use.
Measuring the Success of Student Veterans and Active Duty Military StudentsInsideTrack
The population of current and former service members in college is large, growing and poorly understood. In the 3 years since the Post-9/11 GI Bill took effect, colleges have doubled their enrollment of student veterans, increased programs and services for them and intensified marketing to recruit more.
A joint study by InsideTrack and NASPA was undertaken to provide insights into retention and completion rates for student service members and veterans, and their primary attrition factors.
Walle produce all series of hydraulic seals,according to category by purpose,including rotary seals, all kinds of O ring(FKM O ring), step seal, glyd ring, oil seal and various of combination seals, gasket, spring energised seals, food machinery seals and so on.
Dear students, get fully solved assignments by professionals
Send your semester & Specialization name to our mail id:
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(Kindly prefer mailing & Call in case of urgency)
About Dr. William Allan Kritsonis
Remarks by Jennifer Butcher
August 22nd 2008
I have the privilege of introducing Dr. William Allan Kritsonis. Dr. Kritsonis earned a Bachelor’s degree from Central Washington University in Ellensburg, Washington. He earned his Master’s in Education from Seattle Pacific University and his PhD from the University of Iowa. He also was a Visiting Scholar at both Columbia University in New York, and Stanford University, Palo Alto, California.
Dr. Kritsonis has served education as a teacher, principal, and superintendent of schools. He has earned tenure as a professor at the highest academic rank at two major universities. He was also a professor at Louisiana State University in Baton Rouge.
In 2004, Dr. Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table in the University of Oxford, Oxford, England.
Dr. Kritsonis is a well respected author of more than 500 articles in professional journals and several books. In 1983, Dr. Kritsonis founded the NATIONAL FORUM JOURNALS. These publications represent a group of highly respected academic journals in education.
Currently, Dr. Kritsonis is a Professor in the PhD Program in Educational Leadership here at Prairie View A&M University. At PV he has helped graduate students publish over 400 articles in professional journals and most are indexed in ERIC.
Dr. Kritsonis has dedicated himself to the advancement of educational leadership and to the education of students at all levels.
On July 26th this summer, Dr. Kritsonis was inducted into the William H. Parker Hall of Honor. He was nominated by doctoral and master’s degree students at Prairie View. It is my pleasure to welcome Dr. William Allan Kritsonis.
Chapter 9 privacy - Professor William Allan Kritsonis, PhDWilliam Kritsonis
Professor William Allan Kritsonis, PhD - Distinguished Alumnus, Central Washington University, College of Education and Professional Studies, Ellensburg, Washington.Dr. Kritsonis has traveled and lectured extensively throughout the United States and world-wide. Some international travels include Australia, New Zealand, Tasmania, Turkey, Italy, Greece, Monte Carlo, England, Holland, Denmark, Sweden, Finland, Russia, Estonia, Poland, Germany, Mexico, the Caribbean Islands, Mexico, Switzerland, Grand Cayman, Haiti, St. Maarten, St. John, St. Thomas, St. Croix, St. Lucia, Puerto Rico, Nassau, Freeport, Jamaica, Barbados, Martinique, Canada, Curacao, Costa Rico, Aruba, Venezuela, Panama, Bora Bora, Tahiti, Latvia, Spain, Honduras, and many more. He has been invited to lecture and serve as a guest professor at many universities across the nation and abroad.
Presented by Darlene Chambers, Ember Reichgott Junge, Wendy Larvick at the 2020 Independent Charter Schools Virtual Conference.
Telling stories – not just personal stories, but all forms of narrative – is one of the most common ways we can “awaken emotions” and gain support from our legislators, our parents, our communities and the public at large. Not only are stories uniquely powerful and humanizing but they have been statistically shown to make anyone 35% more persuasive. Why? Listening to an argument or statistics makes us a critic but listening to a story invites receptivity. Join our three panel facilitators as they take attendees on a video clip journey to learn that telling your story is more than just “attach the clip link here”. Session goers will learn how to unleash the power of stories one video at a time through engagement and discussion.
Presented at NACSA 2020, by Naomi Rubin DeVeaux.
With traditional assessments unavailable, authorizers and schools are looking for new ways to measure quality. Join a session to learn about the Advancing Great Authorizing and Modeling Excellence (A-GAME) initiative on creating responsive goals based on student population. Focusing on alternative education campuses, 50 authorizers collaborated over the past year to develop a method for creating new measurements based not on averages but on population.
Presented at NACSA 2020, by John Carwell, Joseph Escobedo, Ed.D., Mary Bradley and Naomi Rubin DeVeaux.
There is no more to charter school authorizing than holding a quality standard and ensuring schools are compliant, right? Think again. Learn from the combined 30 years of experience of district, state, and independent authorizers, as they reflect on lessons learned and share what they wish they would have known from the start. They will respond to your questions from leading to listening, and from school support to closure, from politics to taking care of yourself.
Presented at NACSA 2020, by Naomi Rubin DeVeaux
The best way to support student learning is when alternative education campuses and authorizers create measurable goals that are responsive to the school's population and mission. Through the A-GAME process, authorizers and schools are able to identify their school's unique attributes and determine rigorous standards of achievement for all students, especially the most vulnerable. Join us in learning about how this work is in practice by hearing from authorizers about the process and experience.
Fiscal Oversight: COVID and Beyond: Is your fiscal oversight proactive enough?
With Mary Bradley and Cindy Schumacher. Presented at NACSA 2020.
Fiscal insolvency is one of the most common reasons charters close, but does it have to be? With COVID, will we see more schools in financial trouble? How will an authorizer know when a school is headed for challenging times? What role should an authorizer play? Dialogue with the presenters about these questions and discuss the importance of building a proactive fiscal oversight system that includes early identification and preparing the environment for the challenges ahead.
July 1, 2019 | National Charter Schools Conference | James N. Goenner, Ph.D.
Promising freedom from stifling bureaucracy and regulation, chartering attracted people eager to blaze trails and challenge the status quo. Now boards and school leaders are becoming frustrated with a multi-layered regulatory system that never seems to be satisfied. Authorizers are being pressured to stop chartering and becoming risk averse. If you’re ready for this to change, come learn how the movement can push back against this regulatory onslaught and model the way for true performance-based accountability.
The Alliance’s market share study shows charters are now educating more students than districts in places like Detroit, Flint, and New Orleans. This shift in students and the money that follows them is forcing policymakers and educators to grapple with how to deal with districts that enter the “death spiral” that leads toward insolvency. Come learn how the charter model is being used to create policy and practical solutions for addressing these complex situations.
Presented by Dr. Jim Goenner (National Charter Schools Institute), Paul Pastorek (Pastorek Partners LLC), and Leonard Wolfe (Dykema) at the 2018 NCSC.
Presented at the National Charter Schools Conference on 6.13.18.
A panel comprised of a school leader, a school developer, an educational finance professional, and a former authorizer/facilities researcher will help you navigate the confusing pathway of facilities financing. The panelists will help you dream BIG with tools scoring fiscal health, avoid pitfalls of a bad match through a live case study and interactively experience how to manage expectations to empower a facilities dream team. Come prepared to have the panel analyze your project.
Presented by:
Dr. Darlene Chambers (National Charter Schools Institute)
Christianna Fogler (Rocky Mountain Classical Academy)
Robert Giordano (American Charter Development and Finance)
Nathan Vallette (EPR Properties)
2017 Florida Charter Schools Conference
PANELISTS:
- Dr. Darlene Chambers, Senior VP for Programs and Services, National Charter Schools Institute
- Robert Giordano, Senior VP of Business Development, American Charter Development and Finance
- Nathan Vallette, Associate Director of Education Investment Group, EPR Properties
DESCRIPTION:
Join a panel of facility and financial experts to drive your own navigation through the sometimes confusing pathway of figuring out what type of facilities financing fits you best and determining the best resources that match your financial needs. From knowing your credit worthiness to managing expectations and maintaining your financial health throughout facilities planning, acquisitions or securing financial capital support, the panelists will discuss pitfalls of a bad fit with the variety of resources available as well as giving tips for keeping one’s head above water in the sea of ongoing proof of solvency and solid operations. The session will conclude with suggestions for maintaining a good relationship with various partners throughout the journey.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
1.4 modern child centered education - mahatma gandhi-2.pptx
Constitutional Issues in Public Education: A Legal and Practical Primer
1. CONSTITUTIONAL ISSUES
IN PUBLIC EDUCATION
A LEGAL AND PRACTICAL PRIMER
FEBRUARY 26, 2015
JOSEPH B. URBAN
COLORADO CHARTER SCHOOLS CONFERENCE
2. WWW.CHARTERINSTITUTE.ORG
• The legal content of this presentation is copyrighted by Clark Hill
PLC.
• As with all legal issues, this presentation provides general principles
only, and the Academy’s attorney should be consulted for specific
questions related to any and all principles contained herein.
• Student discipline issues are complex, fact specific and always
involve a balancing of interests, when in doubt, consult with counsel!
3. WWW.CHARTERINSTITUTE.ORG
What We Will Cover Today
We have three hours together – and several topics that flow from one basic
concept: students’ property interest in their free public education and our
responsibilities as agents of the state in delivering that education.
OUR AGENDA:
Right to a free public education
Federal Concepts of Due Process
Review of the First Amendment
Review of the Fourth Amendment
Have some FUN
6. WWW.CHARTERINSTITUTE.ORG
Right To A Free, Public Education
• State Governments possess plenary power over public
education
State Constitution
State Statutes
• Federal involvement in public education has, however,
historically run quite deep
7. WWW.CHARTERINSTITUTE.ORG
• The best summary of the consequences of adopting a system of
free public education at the state level is found in Goss v. Lopez:
“Although Ohio may not be constitutionally obligated to
establish and maintain a public school system, it has
nevertheless done so and has required its children to attend.
The authority possessed by the State to prescribe and enforce
standards of conduct in its schools although concededly very
broad, must be exercised consistently with constitutional
safeguards…the State is constrained to recognize a student’s
legitimate right to a public education as a property interest
which is protected by the Due Process Clause…”
More on this later. The important point is that state-created
right to a free public education has Constitutional implications.
9. WWW.CHARTERINSTITUTE.ORG
Let’s Start With The Constitution
• Amendment XIV [1868]
No State. . .[shall] deprive any person of life, liberty, or
property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the
laws.
• At its core, “due process” is best understood, as legal
scholar Michael LaMorte says, by keeping in mind that
concepts of due process and equal protection require
government officials, including educators, to be fair as they
conduct governmental business.
10. WWW.CHARTERINSTITUTE.ORG
How Does This Relate To Discipline?
• Procedural due process is to ensure that state-initiated
adjudications are valid, fair and impartial.
• Basic concepts of procedural due process
some kind of notice (notice)
some kind of hearing (opportunity to be heard)
• “Timing and content of notice and the nature of the hearing will
depend on appropriate accommodation of the competing interests
involved.”
• This has implications in suspensions of 10 days or less, more
than 10 days and expulsions.
11. WWW.CHARTERINSTITUTE.ORG
Basic Concepts of Due Process in Schools
Schools are a special environment, and the courts recognize
that school officials have numerous responsibilities that they
shoulder, and so the processes and procedures related to
discipline must be structured accordingly.
12. WWW.CHARTERINSTITUTE.ORG
• An unbiased tribunal (no prejudgment).
• Notice of the proposed action and the grounds asserted for it (a
letter home with the infraction and possible consequence).
• Opportunity to present reasons why the proposed action should not
be taken (notice, through a letter home, of the date and time of the
hearing, along with notice of rights at the hearing):
The right to present evidence, including the right to call witnesses.
The right to know opposing evidence.
A decision based exclusively on the evidence presented.
Opportunity to be represented by counsel (at family’s expense).
Requirement that the tribunal prepare written findings of fact and
reasons for its decision (letter home with result or resolution of
board action).
Basic Rights Of Due Process For Expulsions
13. WWW.CHARTERINSTITUTE.ORG
Schools Written Notice
Schools should provide written notice that includes:
• Specific charge(s) against the student, including the specific
provisions (Attach copies of the relevant portions of the Student Code
of Conduct and Board policy).
• Brief statement of facts as determined by the school’s investigation.
• Proposed punishment, including length of proposed disciplinary
removal.
• Date, time, and location of hearing.
• Description of the hearing procedures including any rights to appeal
the decision (Attach Board policy or relevant portion of the Student
Code of Conduct describing the hearing procedures).
• Notice of student and parent right to review education records.
• Name and contact information of appropriate school staff member,
should the parent or student have any questions.
14. WWW.CHARTERINSTITUTE.ORG
• Significantly, students do NOT possess:
the right to cross-examine school officials (though good
practice allows for clarifying questions)
the right to know the name of other student witnesses
(particularly anonymous ones)
the right to be present during closed session deliberations
about the evidence presented at the hearing
• However, schools may not:
disclose “secret evidence” about the student
16. WWW.CHARTERINSTITUTE.ORG
The First Amendment is Part of the Bill of Rights
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition the
government for a redress of grievances.
FIRST AMENDMENT COVERS
Freedom of speech
Free exercise of religion
Prohibition on establishing “official” religion
or religious practices
18. WWW.CHARTERINSTITUTE.ORG
• Schools are special places in which there is a need to
protect good order and discipline, however, students do not
shed their Constitutional Rights at the schoolhouse gate.
• What is “speech”?
• What kind of speech may schools regulate?
Obscene speech
School publications/imprimatur
• Open Forum vs. Closed Forum vs. Limited Open Forum
• Prior restraint
19. WWW.CHARTERINSTITUTE.ORG
• Religious exercises in schools
Free Exercise Clause of First Amendment: government cannot
interfere with expression of religious beliefs
Establishment Clause of First Amendment: government cannot
create an official church or support religious activities or give
preference to one religion
• Engle v. Vitale: “Regents Prayer” adopted by school board
unconstitutional
• Lemon v. Kurtzman (first test)
Policy’s primary purpose must be secular;
Primary effect must neither advance nor inhibit religion
Cannot foster “excessive entanglement.”
• Lee v. Wiseman
“Compulsion” test
20. WWW.CHARTERINSTITUTE.ORG
Equal Access Act - Religion
It shall be unlawful for any public secondary school which receives
Federal financial assistance and which has a limited open forum to
deny equal access or a fair opportunity to, or to discriminate
against, any students who wish to conduct a meeting within that
limited open forum on the basis of religious, political, philosophical,
or other content of speech at such meetings.
20 USC Section 4071
• “Limited open forum” is when a school grants an offering to or
opportunity for one or more noncurriculum related student groups
to meet on school premises during noninstructional time
21. WWW.CHARTERINSTITUTE.ORG
Equal Access, Fair Opportunity
Equal Access, fair opportunity:
(1) the meeting is voluntary and student-initiated;
(2) there is no sponsorship of the meeting by the school, the
government, or its agents or employees;
(3) employees or agents of the school or government are present at
religious meetings only in a nonparticipatory capacity;
(4) the meeting does not materially and substantially interfere with the
orderly conduct of educational activities within the school; and
(5) nonschool persons may not direct, conduct, control, or regularly
attend activities of student groups.
Nothing in the Act is intended to limit the authority of the school, its agents
or employees, to maintain order and discipline on school premises, to
protect the well-being of students and faculty, and to assure that
attendance of students at meetings is voluntary.
23. WWW.CHARTERINSTITUTE.ORG
Some Circumstances that Prompt Student Searches
• Suspected or Reported Violations of Student Code of Conduct.
• Improper use of electronic equipment (cell phone, computers,
internet, iPad, etc.).
• Improper behavior toward fellow students or staff.
• General Parent/Student Complaint.
• Theft or Suspected Theft.
• Anonymous Complaint.
• Information obtained from school video surveillance equipment.
Note: Schools should investigate any incident that is related to the
school regardless of whether the matter has been reported to
police or other authorities. Schools may make their own decision
and need not await the outcome of criminal charges or other
investigations.
24. WWW.CHARTERINSTITUTE.ORG
Hypothetical Fact Pattern 1
Johnny:
Johnny is standing by his locker in the hallway putting books and supplies in
this backpack. Teacher Smith is walking down the hall and stops to
congratulate Johnny on his recent test score. Teacher Smith can easily see
into Johnny’s wide open backpack on the floor and sees what she believes
to be a bag of marijuana. Teacher Smith takes Johnny to the assistant
principal, who proceeds to search Johnny’s backpack. During said search,
no marijuana is found, but a personal iPad that has a “pot leaf” sticker on
cover is found in Johnny’s backpack. The AP, who has been dealing with
Johnny off and on all year for suspected drug offenses, requires Johnny to
enter his PIN number to unlock his personal iPad, and then looks at emails
on the iPad. The emails show that Johnny sold marijuana on school property
the day before.
Was this search of the backpack appropriate? The iPad?
Can the emails be used for disciplinary purposes?
25. WWW.CHARTERINSTITUTE.ORG
Hypothetical Fact Pattern 2
Susie:
Principal Bob suspects that Susie has been carrying out drug deals
during school. Principal Bob was told by Billy that Susie had sold
Tonja marijuana on school property a couple hours earlier so Tonja
could get “high” at lunch. Billy says the basis of his information is
that he saw Susie Facebook messaging Tonja during class about
the drug deal and both were bragging about how easy it is to sell
drugs and get “high” at school.
May Principal Bob ask Susie and/or Tonja for their Facebook
account information to retrieve these messages?
26. WWW.CHARTERINSTITUTE.ORG
Student Searches – The 4th Amendment
The 4th Amendment protects against unreasonable searches and seizures.
For Students:
• General Rule: Any government (school) action that intrudes upon and invades a
student’s justifiable expectation of privacy constitutes a search under the 4th
Amendment.
• A “request to search” is not a search so long as student recognizes they are free to
refuse consent.
• If the object searched is school property or school-provided user account, consent from
the student and/or parent is not required under the 4th Amendment, but consider
electronic communication and privacy laws. District policies should cover the right to
search and should state that students have no legitimate expectation of privacy in
electronic communications from school equipment. This includes school computers,
school-issued laptops, e-Readers, or tablet devices signed out to individual students.
• If object searched is the student’s personal property/account, reasonable suspicion or
consent from parent and/or student will be required under 4th Amendment, but other
laws on electronic communication and privacy may prohibit search.
27. WWW.CHARTERINSTITUTE.ORG
The 4th Amendment – What is Reasonable?
New Jersey v. T.L.O (468 U.S. 325 (1985)
• Must review all relevant facts and circumstances and balance student’s rights
(expectation of privacy) in light of the unique circumstances of the incident.
• Must analyze the context in which the search occurred (view from perspective of
“searcher”).
• Not all circumstances carry the same weight under the law. One fact/circumstance
can quickly change the outcome of the case.
• No search warrant or “probable cause” required so long as no police involvement in
search (SRO does not necessarily mean police involved).
Two Prong Test
• Was search justified at inception? It is if at the inception of the search, there is
reasonable suspicion that the search will reveal evidence that the student has
violated or is violating the law or the rules of the school (code of conduct).
Reasonable suspicion has been taken to mean “fair probability” or a “moderate
chance”. Safford v. Redding, 129 S. S. CT 2633 (2009)
• Is search permissible in its scope? It is when the measures adopted are reasonably
related to the objectives of the search and not excessively intrusive in light of the
age and sex of the student and the nature of the infraction.
28. WWW.CHARTERINSTITUTE.ORG
Safford Unified v. Redding – New Questions about
Reasonableness of Scope
Safford v. Redding
• Student suspected of carrying ibuprofen in her day planner
• Search of student did not show any contraband in her clothing
• When contraband was not found, she was asked to remove her outer
clothing, pull her bra away from her body, as well as her underwear.
• Supreme Court reviewed the matter, and found the search to be
unreasonable
Citing T.L.O., the Supreme Court said: the scope will be
permissible… when it is “not excessively intrusive in light of the
age and sex of the student and the nature of the infraction.”
Seems to leave the door open to invasive search in the event that
there is a severe threat to safety and welfare.
In the oral arguments, justices were concerned with hiding
dangerous drugs, such as methamphetamine.
29. WWW.CHARTERINSTITUTE.ORG
“Reasonableness” – A Complex Standard
• As much as the courts defer to schools related to reasonableness, the
circuits remain split, and Redding is the latest standard to apply.
• For example:
Random, suspicionless searches were held unconstitutional by a Federal
Court in Little Rock. Doe. v. Little Rock, 380 F.3d 349 (2004).
A random search for a weapon involving patting down students was found
reasonable in the Eighth Circuit. Thompson v. Carthage School District 87
F.Ed 979 (8th Cir 1996).
• The guidelines are very fact specific, and generally school officials who
engage in suspicionless searches will have a very steep constitutional
challenge.
• Dog sniff searches are likewise problematic.
Sniffs of students have cultural implications, and can be deemed invasive.
There is authority that dog searches of students’ classrooms may be
permissible under some circumstances.
30. WWW.CHARTERINSTITUTE.ORG
Questioning & Consent to Search – Rule of Thumb
Questioning of Student
• May detain student for questioning provided it is reasonable in nature and scope.
• Seizure/detention of student may be violation of 4th Amendment.
• School officials have no obligation to notify parent before detaining and questioning
student; HOWEVER, if about serious misconduct, it is best to have parent involved to
protect interests of student. Also, if student demands parent be present, may be in
school’s best interest, especially if student upset or distraught.
Consent to Search
• General Rule: A search authorized by consent of the searched individual is
constitutional provided the consent was given both freely and voluntarily.
• Seizure of contraband voluntarily relinquished by student does not violate 4th
Amendment.
• Voluntariness is judged based upon totality of circumstances (age, intelligence, etc.).
• Important to a have witness that can show consent was voluntarily provided or
information was voluntarily given.
• If contraband or information voluntarily provided, get a copy of it at that time.
31. WWW.CHARTERINSTITUTE.ORG
A Word About Liability
• The Academy’s Charter requires that all aspects of its operation
occur under applicable law.
• 42 USC 1983
Every person who, under the color of any statute, ordinance, regulation,
custom or usage, of any State or Territory of the District of Columbia,
subjects, or causes to be subjected, any citizen of the United States or
other person within the jurisdiction thereof to the deprivation of any rights,
privileges, or immunities secured by the Constitution and laws, shall be
liable to the party injured in an action at law, suit in equity or other proper
proceeding for redress…
32. THANK YOU!
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This document is not intended to give legal advice and does not establish any
attorney-client relationship. It is comprised of general information. A School
facing specific issues should consult with its attorney.