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Roles and responsibilities of school governors
First amendment on freedom of expression
Students rights and teachers rights
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Recommended: Roles and responsibilities of school governors
The primary responsibility of student discipline falls on the school officials. Disciplining students helps with keeping order in the school, and the main reason for discipline is to keep the safety of entities of the school. However, discipline can be hard when the issues happen outside school grounds, especially for issues that occur through social media platforms, also known as off-campus speech. Off-campus speech is very tricky to deal with, and as school personnel, we need to make sure we do not take action based on students’ opinions until we know the facts and the law behind our actions.
In the scenario from above, I would suggest that the student has a right and is protected under the freedom of speech, especially if he uses his own
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Beussink v. Woodland R-IV School district was the first case to decide that students were protected under the freedom of speech when using online social media outside the school. This case is also often cited in other cases related to off-campus speech. In this case, the student used his home computer to post on his website about his principal and other teachers, using vulgar language. The principal found about the vulgar comments through another student. The principal decided to suspend the student for a total of 10 consecutive days, which resulted in the student’s grades dropping drastically, and also asked him to remove his page. The court ruled that since the student had done it from his home computer, and the speech had not caused any disruptions in the school, the student was in no violation. The court ordered the school to allowed the student to get his grades back to where they were prior to his suspension, and he was allowed to put his page back online. In the end, this case has been referred to in many other cases related to off-campus speech. The courts usually state that if a student is not causing any harm or disruptions, they are allowed to express their opinions. This would be different if the speech has threats made against other people or
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
Jackson vs. Birmingham Board of Education (2005) is a more recent case that still fights against one of history?s most common topics; equal rights. This will always stand as one of the greatest problem factors the world will face until eternity. These issues date back for years and years. This case was brought to the Supreme Court in 2004 for a well-known topic of sexual discrimination. It helped to define the importance of Title IX of the Education Amendments of 1972
This case involved a public high school student, Matthew Fraser who gave a speech nominating another student for a student elective office. The speech was given at an assembly during school as a part of a school-sponsored educational program in self-government. While giving the speech, Fraser referred to his candidate in what the school board called "elaborate, graphic, and explicit metaphor." After his speech, the assistant principal told Fraser that the school considered the speech a violation of the school's "disruptive-conduct rule." This prohibited conduct that interfered with the educational process, including obscene, profane language or gestures. After Fraser admitted he intentionally had used sexual innuendo in the speech, he was told that he would be suspended from school for three days, and his name would be removed from the list of the speakers at the graduation exercises.
Many Supreme Court cases in the United States have reassured its citizens’ rights. One of those cases was that of the 1965 Tinker v. Des Moines Independent Community School District case. This case was about five students who were suspended from school for wearing black armbands. Should the students have been suspended? The Tinker v. Des Moines case was a very controversial Supreme Court case in which the right to freedom of speech and expression for students in public schools was violated.
1868 marked a proud year for African Americans with the passage of the Fourteenth Amendment to Constitution. It proclaimed that “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State 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.”1 This essentially color blinded government, and granted all citizens (a category which finally included African Americans) what is described in the document as indisputable equality.
Name & citation of case: Urban v. Jefferson County School District R-1, 870 F. Supp. 1558 (D. CO 1994)
It was a 1986 case involving a seniors, Matthew Fraser, campaign speech at school that used “sexually suggestive comments and gestures” which created an uproar in the audience (Lusted, Marcia Amidon, and Gerald T. Thain 126). Fraser was suspended for several days and was not allowed to speak at commencement therefore he made the decision to sue the school district since he felt his First Amendment was violated (Lusted, Marcia Amidon, and Gerald T. Thain 126). He was voted against seven to two because he used vulgar language which is not allowed in schools (Lusted, Marcia Amidon, and Gerald T. Thain 126). Because Fraser was not peaceful or non-vulgar like the Tinker case, he was not able to win the case against the Bethel School
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).
After referring the student to a counselor, the student was suspended for the potential of a significant disruption. The issue with this controversial case was that the student wrote the poem from a first-person basis and the words did not present any physical harm or threat to other students. The Ninth Circuit Court ruled in favor of the school district because the writing presented the likelihood or potential that a suicide could occur, which could have had a devastating and psychological impact on the school community.
Furthermore, the opinion of the Supreme Court reveled that students can express their opinions anywhere even when the principal clearly made a rule banning armbands so problems would not be created. The disruptions from armbands could ca...
Schools have become more interested in limiting students rights because cyber bullying is becoming a huge problem these days .School officials and administrators are responsible to protect their student body and maintain a safe environment. They want to make sure their students are safe and happy at school and off -grounds.They want to limit online speech so they can protect students and teachers who get cyber bullied online.
The defendant Rachel Holland was at the time a nine-year old girl with an intellectual disability with an I.Q. of 44 and an academic functioning level of a four-year old child. Rachel was described as being well behaved and popular with her second grade classmates. She enjoyed school and was motivated to learn. The plaintiff Sacramento Unified School District proposed to educate Rachel half time in a special education class, and half-time placement in a regular classroom. Rachel’s core classes such as Reading and Math services would be rendered in a special education class and classes such as PE, Music, Lunch, and Recess would be rendered in a general education classroom. Rachel’s Individual Education Plan (IEP) stressed language and communication goals such as speaking in four or five word sentences, initiating and terminating conversations, verbally stating name, developing twenty-four word sight vocabulary, counting to twenty-five, and printing first and last
In document D the court sided with the students, but the students must serve ten days, but the ten day suspension will not be shown on their records. It must pose a threat, there was no threat so they sided with the students.In document C, the school suspended the student, but that was because the student caused a threat against the targeted student, S.N. If the student did not target S.N. and say the students name and harm her directly then there would probably be no suspension.J.S created a MySpace profile (“the profile”) making fun of her middle school principal, James McGonigle. The profile did not name the principal or his school, but did include a photo of him and contained some vulgar and offensive language.J.S. did not name the principal or the school, she did not directly target the principal even though a photo of the principal was on the page.This evidence helps explain why schools should not limit students’ online speech because it didn 't cause a substantial disruption.
Students’ rights in schools are limited or just taken away. Kids are forced to do whatever the officials at their school, either the principal or the teachers, tell the students to do. One of the main right that gets taken away or limited is students’ first amendment rights, which is the freedom of expression. Students can gets suspended by just doing things the staff at the school does not like, including saying things that they don 't like or supporting a religion that the school does not support. Also, if something is said about the school or the people attending the school is said on social media that student can also get in a lot of trouble. Students should be able to have more first amendment
First of all, schools should keep students focused during classes. By giving students access to social media for anything in the class, that starts leading to these issues. “All universities have been struggling to balance freedom of speech and the right to express an opinion, with reasonable