Learn More

advertisement
10 Landmark Cases
Titus v Lindberg:
Court ruled that schools are responsible for students who arrive early, despite the time
that they arrive, if they are aware of their presence. There is no set time frame when
supervision has to occur.
Seal v. Morgan:
The school district zero tolerance policy came under fire when a student, Dustin Seal,
was found to have a knife in his glove box. Seal was adamant about not knowing it was
there but the school districts zero tolerance policy called for him to be expelled. The
courts determined that the policy was broken and that school boards should be more
scienter when wording their handbooks and policies.
D.K. v. District School Board of Indian River County:
This case dealt with a parent wanting the suspension of their child to be appealed. The
state of Florida has a Administrative Procedure Act (APA) in place that doesn’t give the
district court any authority to appeal something that the school board has established.
D.K. believed that he was allowed to have an expulsion proceedings because he was
suspended with the potential to be expelled. The courts sided with the school district and
dismissed the appeal.
Goss v. Lopez Columbus Ohio:
Determined that students facing suspensions of up to ten days or less were entitled to oral
or written notice of charges, an explanation of the evidence to be used against them, and
an opportunity to present their side of the issue.
Evans vs. Antioch Unified School District:
Lawsuit filed by parents against a special education teacher whose administration failed
to address abuse issues raised by parents from the teacher. The Child Abuse Hotline was
created after this suit.
Horton v Goose Creek Independent School District:
The court held that use of canines to sniff lockers and cars did not constitute a search.
School officials may employ canines to search if there is reasonable cause, but intrusion
of dignity and personal security cannot be justified by the need to prevent alcohol and
drug abuse. Mass searches are not permitted.
New Jersey v. T.L.O. (1985):
When an educator has reasonable suspicion to conduct a school-related search, no
constitutional violation is in question. Obtaining a warrant before a search would
interfere with the swift disciplinary procedures needed in the schools.
Pyle v. The South Hadley School Committee, Tinker v. Des Moines and Bethel School
District v. Fraser:
Courts upheld that the regulations and banning according to school policies and
committee findings of the obscene clothing/signs/flags did not violate students’ First
Amendment rights. Public schools have the authority to prohibit vulgar and offensive
language and symbols.
Langley v. Monroe County School District:
Laura Langley was a high school student who drove her parents car to school and was
unaware of a half full beer can that her mother had left in from the weekend. An assistant
principal saw the car without a parking pass and subsequently noticed the beer and found
that it was in fact Laura’s car for the day. The school district has a zero-tolerance policy
Laura was sent to an alternative school for 30 days. Her parents brought it to district
court on the basis of her constitutionally protected property interests being violated. The
case was brought to a jury and the jury came back with a verdict that supported the
school district.
Hosemann v Oakland Unified School District:
This case, along with Doe v Taylor, dealt with making the school environment safe and
conducive for students. This represented the first time a court interpreted a state
constitutional amendment that grants students and staff an “inalienable right” to attend
campuses that are safe, secure, and crime free.
Download