student rights
Beyond a Reasonable Suspicion: Student's Strip Search Ruled Illegal
Special Note: Lisa Swem will be presenting the legal considerations for conducting Teacher Evaluations on October 21, 2009 here in Lansing at the MELG buiding. Whether you are a newbie or a veteran administrator, you won't want to miss the latest legal update as you start your most important task of teacher evaluation this year. Register at: http://www.mymassp.com/teacherevaluationseminar
Assistant Principal Saved from Liability
June 26, 2009
Supreme Court Says Child’s Rights Violated by Strip Search By ADAM LIPTAK, New York Times
WASHINGTON — A strip search of a 13-year-old girl by officials at her middle school violated the Constitution, the Supreme Court ruled Thursday in an 8-to-1 decision.
The student, Savana Redding, had been suspected of bringing prescription-strength ibuprofen to the school, in Safford, Ariz.
Justice David H. Souter, writing for the majority, said a search of Ms. Redding’s backpack and outer garments did not offend the Fourth Amendment’s ban on unreasonable searches. But the pills in question, each no stronger than two Advils, did not justify an “embarrassing, frightening and humiliating search,” Justice Souter wrote.
School Improperly Bans Pro-Gay Speech
Article from Thrun Law Firm
School District and Officials Not Entitled to Governmental Immunity Over Strip Search
Article from Thrun Law Firm
Are Parental Waivers Worth the Paper They're Printed On?
Article from Thrun Law Firm
ARE PARENTAL WAIVERS WORTH THE PAPER THEY'RE PRINTED ON?
The Michigan Court of Appeals recently ruled that a pre-activity waiver of liability signed by a parent or legal guardian does not waive a child's right to sue for injuries sustained while engaging in that activity. Woodman v Kera,
L.L.C., __ Mich App __ (2008).
Legal Hazards Of Monitoring Off-Campus Speech In The Internet Age
By Marshall W. Grate
A public school district must exercise caution in monitoring off-campus speech. In Layshock v Hermitage School District, (WD PA 2007), a public school district was held to have violated the First Amendment rights of a senior high school student when it issued a 10-day suspension for his creation of a parody profile of the high school principal on the student’s MySpace.com website during non-school hours at the student’s grandmother’s computer.
California Judge Determines School Dress Code Is Too Strict
by Andre F. Mayes
Upholding the principle that students do not “shed their constitutional rights at the schoolhouse gate,” a California state court judge recently blocked a middle school from enforcing a strict dress code policy. Scott v Napa Valley Unified School District, No. 26-37082 (Cal Super Ct July 2, 2007). In 1998, Redwood Middle School adopted a student dress code policy to control an emerging problem with gangs in the school.
Locker room Surveillance Camera Violates Students’ Constitutional Privacy Rights
By Robert Ebersole, Assistant Legal Counsel
Michigan Association of School Boards
The Sixth Circuit Court of Appeals in Cincinnati, OH, has recently released an opinion, Brannum v Overton County School Board, ___F3d___, 2008 WL 441436, that concerns the use of surveillance cameras in a school setting. The decision clearly states that there are limits on the use of video surveillance technology in the school setting.
T-Shirts: Dress Code and Court Rulings
Recent Court Rulings on Student T-Shirts
Tinker Meets Marilyn Manson, ICP and
Hank Williams, Jr.
T-shirts bearing the likenesses of Marilyn Manson, Insane Clown Posse, and Hank Williams, Jr. have been subject to recent federal court litigation involving public schools in Ohio, Indiana, and Kentucky. While the bans against the Marilyn Manson and Insane Clown Posse t-shirts were upheld, the Hank Williams, Jr. t-shirt case was remanded to the trial court for additional proceedings.
