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Education
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Essay
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English (U.S.)
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Topic:
Student Rights Case Study
Essay Instructions:
Identify and apply the processes of educational policy development at the state, local, and school levels by examining codes of conduct, school board policy, statutes, case law, and constitutional law in student and teacher issues.
Synthesize application of student rights and student codes of conduct, school board policy, state & federal statutes, case law, and constitutional law in student and/or teacher/administration issues, including special education with a focus on strategic decision-making and critical thinking skills.
• Read this Excerpt: Introduction Legal Literacy for Teachers: A Neglected Responsibility Download Introduction Legal Literacy for Teachers: A Neglected Responsibility
• Refer to the Week 5: Study for IMPORTANT Resources
CASE STUDY
You are the principal of Somewhere Middle School. During your lunchroom walkthrough, you notice an altercation between an 8th-grade girl and a 7th-grade boy at a distant table. A crowd gathers quickly. You can’t immediately see what’s happening but start moving toward the commotion.
Ms. Bowser, a nearby teacher, stands closer but is surrounded by students. The girl and boy are “trash talking” and push each other. The girl is handed a nail file by a friend, which she raises threateningly. In response, the boy pulls out a small utility-style pocketknife from his hoodie. The two begin circling the table aggressively. Neither teacher nor you (the principal) see the weapons at that moment. You yell, “STOP!” The students hear your voice, conceal their items, and begin to calm.
The teacher identifies the two students. You escort them to the office, and the crowd settles down. A student witness later informs Ms. Bowser that:
• The boy (a student with an IEP for Emotional Disturbance and ADHD) had a small folding pocketknife (1” blade).
• The girl (general education) had a nail file.
• The girl was wearing a shirt that read: "Protect Our Students, Ban Assault Rifles" and was handing out matching wristbands, encouraging students to wear them to demand school safety reforms.
• A group of students gathered to support her.
• The boy interrupted, saying she was “disrespecting” his uncle, a gun rights activist and veteran.
• After trading insults, the girl pushed the boy. He pushed back. The girl stumbled, a friend handed her the nail file, and she raised it toward him. He drew the knife in response.
• The moment the principal shouted, they both concealed the items—the knife in his hoodie pocket, the nail file in her waist area around the top of her jeans. However, the principal was too far away to see what was going on or see any weapons.
• The students are separated in different offices.
• Ms. Bowser reports everything to you directly.
• You, the principal, questions both students, individually. Neither student admits to having weapons during separate interviews.
Assignment Overview
Acting as a school administrator (principal), you will research and identify the legal issues resulting from components of a Student Rights Incident Legal Case Study. And you will make use of court cases and legal policy documents to guide their decision-making. As the principal … what do you do? What does the law require you to do?
Assignment Requirements:
• Title Page
• Follow the provided format (below); Answer each question from the Four Components. Your answers should be concise and very specific for each question. Use APA citations, as needed
• Integrate Faith and Learning in at least ONE of the components
• Reference Page
COMPONENT 1. Student Rights:
A. Cite the "activity" in the case study that is connected to student rights; what was the female student doing?
B. Cite & explain the Supreme Court case connected with this particular activity.
C. What does your school board policy state about this activity?
D. What should be the principal's actions regarding student's rights in this situation? JUST FOR THE STUDENT’ S RIGHTS VIOLATION - NOT DISCIPLINE FOR THE WHOLE CASE.
Response:
1.A.
1.B.
1.C.
1.D.
COMPONENT 2. Due Process:
A. Cite the "activity" in the case study regarding due process.
B. Cite & explain the Supreme Court case regarding student due process.
C. What does your school board policy state about this activity?
D. What should be the principal's actions regarding due process in this situation? DUE PROCESS ONLY, NOT THE WHOLE CASE.
Response:
2.A.
2.B.
2.C.
2.D.
COMPONENT 3. Search and Seizure:
A. Cite the "activity" in the case study regarding search and seizure.
B. Cite and explain the Supreme Court case regarding search and seizure.
C. What does your school board policy state about this activity?
D. What should be the principal's actions regarding search and seizure rights in this situation? SEARCH AND SEIZURE ONLY, NOT THE WHOLE CASE.
Response:
3.A.
3.B.
3.C.
3.D.
COMPONENT 4. Special Education:
A. Cite the "boy's disability" in the case study that impacts special education law.
B. Cite the special circumstance from IDEA/IDEIA this special education student finds himself in (NOT a court case – could be special education regulations regarding student discipline).
C. What does your school board policy state about this situation?
D. What should be the principal's actions (including discipline) regarding the special education student?
Response:
4.A.
4.B.
4.C.
4.D.
*************************************
Here's more references:
https://caselaw(dot)findlaw(dot)com/court/us-supreme-court/393/503.html
https://supreme(dot)justia(dot)com/cases/federal/us/419/565/
https://caselaw(dot)findlaw(dot)com/court/us-supreme-court/469/325.html
https://www(dot)wrightslaw(dot)com/info/discipl.reichhardt.htm
https://www(dot)ed(dot)gov/teaching-and-administration/safe-learning-environments/school-safety-and-security/school-climate-and-student-discipline/school-climate-and-student-discipline-resources
Essay Sample Content Preview:
Case Study
Name
Affiliation
Course
Instructor
Due Date
Case Study
Principals have to consider legal implications when deciding on how to discipline a student. This case study involves a disciplinary incident that occurred at Somewhere Middle School. The incident involved an altercation between an 8th-grade girl who was encouraging students to agitate for school safety reforms and a 7th-grade boy who felt that her actions were ‘disrespectful’ to veterans and gun rights activists. A verbal exchange between the two escalated to an aggressive exchange that may have involved concealed weapons, according to a witness. As a principal, one should evaluate the incident through the lens of constitutional law, school board policy, and federal regulations, while also applying principles of fairness and ethical leadership.
COMPONENT 1. Student Rights
1A
In the incident, the 8th-Grade female student was exercising her rights to free speech. To this end, she was wearing a t-shirt with the political message, “Protecting Our Students, Ban Assault Rifles,” and was distributing wristbands encouraging her peers to support school safety reforms. The female student’s speech is protected as provided in the First Amendment.
1B
The student’s right to speech and expression is affirmed by the decision in the Supreme Court case, Tinker v. Des Moines Independent Community School District (1969). In the case, the Supreme Court held that the students do not lose their constitutionally guaranteed right to freedom of expression once they enter the school environment. However, the case holds that the school can regulate the student’s speech in cases where a student’s right to expression infringes on the rights of other students or causes a significant disruption to the learning environment. Thus, the school has an obligation to guarantee student’s speech as long as it does not impose on others students or disrupt the learning environment.
1C
Virginia school board policy dictates that schools have to guarantee a student’s freedom of expression as extended by the First Amendment and the Constitution of Virginia. To this end, the school board policy allows students to express their views on various issues but expects them to ensure that their expression does not interfere with school activities, promote the use of illegal substances, is considered vulgar, or infringes on the expression of other students. The policy empowers the local school board and principals to consider federal ruling and limit student’s speech that violates the set legal boundary.
1D
In the incident, the principal has to acknowledge that the female student has the right to express her opinion on school safety. However, the female student has a responsibility to make sure that their freedom of expression does not result in substantial disruption. The verbal exchange that escalated to an altercation between the two students shifts the female student’s activity from freedom of expression to safety concern. To this end, the principal should ensure that the female student is mandated to receive guidance on how to exercise her right to free speech within the established legal limits. The guidance should be guided by Colossians 4:6, which advices Christians to engage in respectful conversation undergirded by grace and responsibility.
COMPONENT 2. Due Process
1A
In the incident, the activity that requires due process the disciplinary investigation of the violent altercation between the two students. The investigation is essential given the likelihood that one or both students may be charged with weapons possession.
...
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