Important Case Briefs
EDAD859
Group 2
Veronica Dorsey, Jessica Fry, Gary Graham, David Graves, Angelique Gunderson
Tinker v Des Moines
Topic
 Students’ First Amendment rights
Supreme Court Decision
 In a 7 to 2 decision, the U.S. Supreme
Court determined the students wearing
of the armbands as a silent expression
was protected by the First Amendment.
The school failed to demonstrate that
the actions of the students would
interfere with appropriate school
discipline.
Educational Significance
 • Students rights are protected under
the First Amendment in as much as
they do not disrupt the learning
environment.
 • School administrators have the
burden of proving that a particular
demonstration of expression will be
significantly disruptive.
 • Merely a desire to avoid the
discomfort and unpleasantness of an
unpopular view is not enough to
justify the prohibition of the
expression.
 • When making determinations on
disciplinary policy that may bring into
question a students First Amendment
rights, other cases should be noted as
examples (i.e. Bethel School District v.
Fraser, Morse v. Frederick, and
Hazelwood v. Kuhlmeier)
Bethel School Dist v Fraser
Topic
 The issue involved is whether or not
students can say whatever they please
with regard to the First Amendment
during a public school forum.
Ruling
 On additional appeal, the U.S. Supreme
Court found that while public students
have the right to advocate unpopular
and controversial issues in school, that
right must be balanced against the
schools' interest in teaching socially
appropriate behavior.
 A public school may legitimately
establish standards of civil and mature
conduct. The Court observed that such
standards would be difficult to convey
in a school that tolerated lewd,
indecent and offensive speech and
conduct that the student in this case
exhibited. In conclusion, the school
district's decision was upheld.
Educational Significance

School officials may restrict freedom of
expression where there is evidence of
material and substantial disruption,
indecent or offensive speech, violation
of school rules, destruction of school
property, or disregard for authority. In
each case, students must be provided
minimal due process before any
punitive action is taken.

Buttons, pamphlets, and other insignia
may be banned if the message
communicated is vulgar or obscene or
mock others based on race, origin,
color, sex, or religion.
New Jersey v TLO
Topic
 Unwarranted searches ad seizure of
property
Ruling
 The supreme court of New Jersey
reversed the appellate division’s ruling
and ordered the evidence found in
T.L.O’s purse suppressed.
 The court proceeded to hold that
whenever an “official search violates
constitutional rights the evidence may
not be used in a criminal case; they
deemed the Choplick’s search was not
reasonable. The mere possession of the
cigarettes was not a violation of school
rules; therefore a desire for evidence of
smoking did not justify the search.
Educational Significance

Be extremely cautious when accusing or
searching students

Be aware of all rules and the fine print.

Document all actions when dealing
with behavior incidents

Make sure there is reasonable suspicion
to do the search and seizure initially
Hazelwood v Kuhlmeier
Topic
 The high school principal prevented the
school publication of Spectrum that
profiled three pregnant students and
quoted other students on reasons for
their parents’ divorce. The principal
was afraid that the identity of the three
students would be revealed, sexual
activity content was too graphic for
younger students, and parents of
students were not able to respond to
comments made by students.
Ruling
 Supreme Court reversed the ruling that
the principal did not violate students
free speech rights by ordering certain
material removed from an issue of the
student newspaper. Students’ First
Amendment rights are not the same as
those of adults due to the special
characteristics of the school
environment.
Educational Significance

The Hazelwood ruling has important
implications for student newspapers
that are part of the school’s curriculum
in that restrictions may be placed on
them based on reasonable grounds.
Administrators may exercise greater
authority in monitoring student press
but care should be taken not to violate
the student rights in the process. This
may exercise content-based control
over student expression and use of
restricting student speech. Some states
have passed laws guaranteeing that
non-forum newspapers, such as the
Hazelwood East High School
newspaper, are guaranteed the rights
that the First Amendment describes.
Goss v Lopez
Topic
 Due process; Hearing or notice;
Procedure when suspending a
student for up to ten days.
Ruling
 The state law was found
unconstitutional both by the
federal district court and again
by the Supreme Court. The case
determined that students facing
suspensions of up to ten days or
less were entitled to:
 1. oral or written notice of
charges
 2. an explanation of evidence to
be used against them, and
 3. an opportunity to present their
side of the issue
Educational Significance
 Due process is a right of everyone
according to the U.S.
Constitution
 Every student must be given
notice (oral or written) of the
misconduct, an
explanation of the evidence, and
an opportunity for a hearing.
 Ensure every situation is handled
carefully and the due process is
adhered to.
 Ensure school policies align with
state and federal law.
 Note that suspensions of more
than 10 days require more formal
procedures.
Lee v Wiseman
Topic

Inclusion of clergy to offer prayer as part of public
school ceremonies
Ruling

The U.S. Supreme Court held that "Including clergy
who offer prayers as part of an official public school
graduation ceremony is forbidden by the
Establishment Clause.

Prayer exercises in elementary and secondary
schools carry a particular risk of indirect coercion.
The school district's supervision and control of a high
school graduation ceremony places subtle and
indirect public and peer pressure on attending
students to stand as a group or maintain respectful
silence during the invocation and benediction...

The petitioners' argument that the option of not
attending the ceremony excuses any inducement or
coercion in the ceremony itself is rejected. In this
society, high school graduation is one of life's most
significant occasions, and a student is not free to
absent herself from the exercise in any real sense of
the term 'voluntary'..."

The United States Supreme Court affirmed the
United States Court of Appeals for the First Circuit
judgment.
Educational Significance
This case clarifies that clergy may not
lead the student body in prayer at a
school-sponsored event. If
administrators are approached about
having clergy members offer a prayer at
a school-sponsored event, suggest that
they meet before the event to allow
interested members to participate so
that no one is excluded in their right to
convene, and in protecting those that
might be opposed, such allowance
would protect them in their right to be
free from what may be interpreted as
coercion by this group.
Wisconsin v Yoder
Topic
 Compulsory Attendance
Laws
Ruling
 The U.S. Supreme Court
affirmed the decision in
holding that the First
Amendment prohibits
state action that interferes
with a parent’s right to
control the religious
upbring of their child.
Educational
Significance
 There are certain
exceptions to the
compulsory attendance
requirements.
Stevens v Chesteen
Topic
 Does a brief absence from class
constitute breach of duty of
reasonable supervision.
Ruling
 The court ruled in favor of
Chesteen noting that his absence
in this situation does not breach
his duty of reasonable
supervision. Teenagers like
Stevens often participate in
“pick-up” football games that are
completely unsupervised. This
case involved a “touch” football
game, and not a tackle game,
thus making violent collisions
involving bystanders unlikely.
Education significance
 It is important for all teachers to
properly supervise student to the
best of their ability. If a child is
restricted from participating in
physical education class that
student must be well away from
any activity that could cause
injury to them. Necessary
precautions for this situation
should be in writing and included
in the class syllabus to avoid any
legal troubles. One possible
solution is moving injured
student to the library to finish a
written assignment about
nutrition or exercise as a possible
alternative while their injury
heals.
Cox v. York County School Dist. No. 083.
Topic
 Termination of probationary teachers
Ruling
 The school board ruled against Cox.
The district court favored Cox because
the school district failed to provide Cox
due process as required by law in
deciding not to renew her contract.
The district court ordered the school
district to reinstate her. The school
district appealed this decision. The
Nebraska Supreme Court upheld this
decision. They found that the Board
did not meet the statutory requirement
that Cox be evaluated at least once per
semester based on actual classroom
observations for an entire instructional
period.
Educational Significance
 Legal Significance for the
Administrator:
 Follow state statutes
regarding evaluation
procedures
 Make sure to document all
observations both formal
and informal as well as
comments.
 Follow district policy
C. Patricia Skinner v. Ogallala Public School
Topic
 School Liability
/Worker’s Compensation
Ruling
 The Nebraska Supreme Court
concluded that Skinner’s injuries
did not arise in the course of her
employment by the District and the
Nebraska Worker’s Compensation
Act did not bar her from bringing
this tort action against the District.
The court supported the trial court
decision that found Skinner to be
an invitee.
Educational Significance:
 School districts will be held
liable if the grounds and
schools are not safe places even
in “off” school hours. School
districts should post warning
signs and fix any areas that
would pose a threat to
someone’s safety immediately if
they are to not be held at least
partially liable if an injury
occurs on school property.
Mitchell Crider v. Bayard City Schools.
Topic
 Physical Therapy / Special Education
 Ruling

The trial court dismissed the action. On
review, the court reversed the judgment of
the trial court. With regard to the physical
therapy provider, the court held that the
parents had, in fact, stated a cause of action.
The court explained that once it undertook
the contract to provide the child with
services, the physical therapy provider had an
obligation to provide those services with
reasonable care. As to the school district,
however, the court agreed with the trial
court's conclusion that the school district's
failure to monitor the physical therapy
provider was not actionable.
Education Significance:
 A free appropriate public education
requires that each handicapped
child be provided with
personalized instruction with
support services to permit the child
to benefit educationally from that
instruction, which instruction and
services must be provided at public
expense, must meet the state's
educational standards, must
approximate the grade levels used
in the state's regular education,
and must comply with the child's
individualized educational
program.
Norman v. Ogallala Public School.
Topic
 Proper Instruction and
Safety Issues
Ruling

Damages
The trial courts award of $342,290.80
in damages. School District Appealed:
The school claims the damages are
excessive because Christopher has
completely recovered from his injuries,
has no limitations on his range of
motion or his activities, and it is
unlikely that he will incur future
medical expenses.
However, the record contains
extensive evidence, including both
testimony and photographs,
demonstrating the pain that
Christopher endured and the
permanent scarring resulting from
the burns. In addition to the pain
Christopher endured,
Christopher’s parents incurred
medical bills in the amount of
$44,614.54 as a direct result of
Christopher’s injuries. The award
of damages was not so excessive as
to be the result of passion,
prejudice, mistake, or some other
means not apparent in the record.
Norman v. Ogallala Public School. Cont’d
Ruling
 Appeal from the District
Court for Keith County:
John P. Murphy, Judge.
Affirmed
Educational Significance
 Proper instruction and
Safety must take
precedence over
everything. The district
must insure that the
students and staff are
properly educated to any
dangers of and activity. All
safety precautions must be
taken or the activity should
not take place.