Share
Explore BrainMass

Teacher-student legal issues, discussion, analyze

Conduct a web search of cases on teacher conduct. Locate two cases. These may not be cases that we have discussed previously in Discussion format. Discuss briefly the specifics of each case: the who, what, when, and where. What was the ruling? Do you think it was fair to the teacher? How will you use this knowledge in your own teaching or future teaching assignment?

You may need to use Ebsco, Google, or professional organizations like the NEA to find the cases.

CAN'T use any of these cases because they were already used in discussion. Thanks
Pickering v. Board of Education, 391 U.S. 563 (1968)
· Hazelwood School District v. Kuhmeier, 484 U.S. 260 (1988)
· Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969)_
· Bethel School District No. 403 v. Fraser, 478 U.S. 675 (1986)

Gibbons v. Orleans Parish School Board, 391 So. 2d 976 (La.App.1980)
Manchor v. Field Museum of Natural History, 283 N.E. 2d 899 (Ill. App.1972)
Nabozny v. Podlesny, 92 F.3d 466 (7th Cir. 1996)

Solution Preview

The following web site contains ten cases which involve students and teachers/schools. Some are on the "do not discuss" list, but there are cases which are permitted. Three are copied and pasted below from this site:

New Jersey v. T.L.O. (1985)
Issue: Privacy Rights at School
Bottom Line: Your Belongings Can Be Searched, But Not Arbitrarily

Background
T.L.O. (Terry), a 14-year-old freshman at Piscataway High School in New Jersey, was caught smoking in a school bathroom by a teacher. The principal questioned her and asked to see her purse. Inside was a pack of cigarettes, rolling papers, and a small amount of marijuana. The police were called and Terry admitted selling drugs at school.

Her case went to trial and she was found guilty of possession of marijuana and placed on probation. Terry appealed her conviction, claiming that the search of her purse violated her Fourth Amendment protection against "unreasonable searches and seizures."

Ruling
The Supreme Court ruled in favor of the school. Students have "legitimate expectations of privacy," the Court said, but that must be balanced with the school's responsibility for "maintaining an environment in which learning can take place." The initial search of Terry's purse for cigarettes was reasonable, the Court said, based on the teacher's report that she'd been smoking in the bathroom. The discovery of rolling papers near the cigarettes in her purse created a reasonable suspicion that she possessed marijuana, the Court said, which justified further exploration.

Impact
T.L.O. is the landmark case on search and seizure at school. Basically, school officials may search a student's property if they have a "reasonable suspicion" that a school rule has been broken, or a student has committed or is in the process of committing a crime. These are called "suspicion-based" searches. There are also "suspicionless searches" in which everyone in a certain group is subject to a ...

Solution Summary

3 excerpts from web site that covers 10 court cases involving teacher-student issues, with suggested introductory and concluding paragraphs for eventual paper on subject. Reference URLs.

$2.19