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Public school and private school
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Studies as recent as 2001 have shown that 50% of 12th graders have been associated with drug use (“Frequently”). Schools have identified this to be a crucial issue, especially if it is a student who participates in extracurricular activities. Frequent drug use has caused schools to enforce drug test policies. The problem is, not everyone is on board with this new policy. To comprehend the Board of Education v. Earls case of 2002, one must interpret the history prior to the case, contemplate the arguments throughout the case, and recognize the significance of the case. This issue has caused enough controversy to make it all the way to the Supreme Court.
In order to understand Board of Education v. Earls case, one must first interpret the history
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Earls case is to be able to contemplate the arguments throughout the case. One of the most crucial arguments The Board of Education claimed “there are “special needs” in public school context, including maintaining discipline and order” (Kim 974). Tecumseh School’s main focus was to maintain a safe and healthy environment for their students. In order to do this, a student’s privacy is limited in a public school environment (Edmonson). The state is responsible for their students and recommends them to have limited expectation of privacy. Earls argued her drug test results were improperly handled by district employees and were easily visible to other students (“Board”). In addition to Earls’ arguments, she questioned why students not involved in an athletic activity had to participate in the drug testing. Since none of Earls’ extracurricular activities involved athletics, she complained, “this test is just an unnecessary invasion of privacy” (“Before” 186). After both sides polished and presented their arguments, the jury came to a conclusion. “In a split 5 to 4 win, because the policy reasonably serves the School District's important interest in detecting and preventing drug use among its students, it is constitutional”
This decision makes it clear the most important thing for a school to do is to protect the students. It also states that the board of education, whose role is to oversee the schools, must make sure that the staff of the schools is protecting those children. This case highlights that long-term abuse can happen in schools if there are not clear policies or, if there are, that there is no one ensuring that those policies are
The minority countered this argument when the school board said, “it is our duty, our moral obligation, to protect the children in our school from this moral danger as surely as from physical and medical dangers” (qtd. in Board of
The court case Cleveland Board of Education V. LaFleur challenged the maternity policy regarding teachers having to go on unpaid leave involuntarily for 4-5 months due to their pregnancy. Jo Carol LaFleur and Ana Elizabeth Nelson whom were both teachers working under the Cleveland Board of Education when these issues occurred that lead to their decision of filing a suit against the board. They mainly hoped to be able to still continue their teaching well after the 5 month mark that the policy required them to leave. Failure to comply with these rules would have lead to their dismissal of their position or re-employment is not guaranteed. The Supreme Court ruled that the Cleveland Board of Education policy violated and went against the due process clause of the fourteenth amendment. This case was very significant in which it preserved the rights of teachers, especially women.
The impact left in this case, Jackson vs. Board of Education (2005), has been an issue that?s gone on for decades. It is a more recent encounter that shows it still exists in modern day. In Davis v. Monroe County Board of Education (1999) and Franklin v. Gwinnett County Public Schools (1992) these cases both enforce Title IX of the Education Amendments of 1972 such as Jackson vs. Board of Education (2005). Rights to equal protection began in Brown vs. Board of Education (1954). This case left a huge impact on equal rights against sexual discrimination, discussing the importance of the 14th
On June 26, 1995, the Supreme Court decided on the case Vernonia School District v. Acton as to whether or not random drug testing of high school athletes violated the reasonable search and seizure clause of the Fourth Amendment. During the 1980's and 1990's there was a large increase in drug use. The courts decision was a strong interpretation of the Fourth Amendment and the right decision upon drug testing high school athletes.
Before the decision of Brown v. Board of Education, many people accepted school segregation and, in most of the southern states, required segregation. Schools during this time were supposed to uphold the “separate but equal” standard set during the 1896 case of Plessy v. Ferguson; however, most, if not all, of the “black” schools were not comparable to the “white” schools. The resources the “white” schools had available definitely exceed the resources given to “black” schools not only in quantity, but also in quality. Brown v. Board of Education was not the first case that assaulted the public school segregation in the south. The title of the case was shortened from Oliver Brown ET. Al. v. the Board of Education of Topeka Kansas. The official titled included reference to the other twelve cases that were started in the early 1950’s that came from South Carolina, Virginia, Delaware and the District of Columbia. The case carried Oliver Brown’s name because he was the only male parent fighting for integration. The case of Brown v. Board o...
Smith, Alonzo N. “Project Essay” Separate is not equal: Brown v. Board of Education. URL: http://americanhistory.si.edu/brown/resources/pdfs/projectessay.pdf
The West Virginia State Board of Education v. Barnette Case in March 11, 1943 created much controversy throughout the United States. This case questioned whether a flag salute law for school children violated the First, the right to freedom of speech and freedom of religion. In 1941 the West Virginia State Board of Education made it a mandatory action for all students to salute the American flag at the beginning of each school day and recite the Pledge of Allegiance. If students did not cooperate it would lead to harsh punishment (findlaw).
The National Center For Public Research. “Brown v Board of Education, 347 U.S. 483 (1954) (USSC+).” Supreme Court of The United States. 1982 .
In Vernonia v. Acton, the issue in question is the school’s ability to drug test student-athletes. In the mid 80’s, the Vernonia School District noticed an uptick in drug use, and more so from athletes. Furthermore, the football and wrestling coach cited several situations that he felt drug-use was causing the athletes to be unsafe. Thus, the school instituted a mandatory drug test for all student athletes prior to the season, and then weekly random drug testing. If a student-athlete failed a test, they would have the choice of joining a rehab program, or serving a suspension. Suspension from school was never an option, nor were the results reported to authorities. Results were reported to the superintendent, athletic director, and other personnel on a need to know basis only (Vernonia v. Acton, 1995).
Board of Education court case and the enactment of the fourteenth amendment? The problem doesn’t solely lie on a system failure but also on the misconstrued ideas and beliefs that are inculcated in the minds of individuals since childhood. The system methodically segregates minorities into specific cities and regions, majority of which are impoverished neighborhoods. (Kornblum & Julian) This method interferes with the possibility of children coexisting amongst different races and ethnicities harmoniously, but instead reinforces the idea that whites are superior to others. Children are taught to fear blacks, because of the common stereotype of blacks being a dangerous underclass. And while whites enjoy superior education, minorities are left with underfunded, underachieving, poor schools, ensuring that they remain in poverty. In fact, research has proven that people of color were two (2) to three (3) more likely to inhabit in neighborhoods with commercial landfills that release toxic waste, severely affecting their health
The Supreme Court is perhaps most well known for the Brown vs. Board of Education decision in 1954. By declaring that segregation in schools was unconstitutional, Kevern Verney says a ‘direct reversal of the Plessy … ruling’1 58 years earlier was affected. It was Plessy which gave southern states the authority to continue persecuting African-Americans for the next sixty years. The first positive aspect of Brown was was the actual integration of white and black students in schools. Unfortunately, this was not carried out to a suitable degree, with many local authorities feeling no obligation to change the status quo. The Supreme Court did issue a second ruling, the so called Brown 2, in 1955. This forwarded the idea that integration should proceed 'with all deliberate speed', but James T. Patterson tells us even by 1964 ‘only an estimated 1.2% of black children ... attended public schools with white children’2. This demonstrates that, although the Supreme Court was working for Civil Rights, it was still unable to force change. Rathbone agrees, saying the Supreme Court ‘did not do enough to ensure compliance’3. However, Patterson goes on to say that ‘the case did have some impact’4. He explains how the ruling, although often ignored, acted ‘relatively quickly in most of the boarder s...
The procedure of testing student for drugs, alcohol and tobacco before every school day should be allowed. The fact that the subject of drug testing has even been brought up is a sign that illegal substances have become troublesome in high school environments. Therefore, school officials should be allowed to use any means necessary to discourage the use of these illegal substances, even if it means that the school officials could become dangerously close to violating the students’ constitutional rights. A student under the influence of drugs or alcohol could endanger his or her fellow students or faculty and that student should not be allowed to attend that school. School officials must protect those who are at that school, so having a student whose actions are being controlled by illegal substances would not be the best way to protect the students and faculty. Students should be tested everyday for drugs, alcohol, and tobacco so that the students are healthier, the students have better grades, and the students never start doings things that could have a negative impact on their future.
High school students are leaders to younger kids and many others in their community. As a leader these student must show others what good character is like, but instead they are destroying their lives by doing drugs. In the past decade the drug use among high school students is on the rise once again. With the internet, their exposure to drugs is much greater. High school students are convinced that they are able to get away with using drugs. These drug addicts soon influence other students into doing the drugs because there isn’t a rule preventing drug use. In order to protect these student’s future, drug tests must be enforced among all students ensuring a safe environment for students to learn successfully. Allowing random drug testing in high schools will shy away students from trying these harmful drugs. The stop of drug use among high school students is crucial because drugs prevents student from learning leading them to dropping out of high school. Students that become overwhelmed by these harmful drugs will ruin their lives forever, but if steered in the right direction they can be saved.
Specific Purpose Statement: To persuade my audience to support random and mandatory drug testing in schools and to encourage my audience to maintain a drug-free environment in school