DesegregationDesegregation► Brown vs. Board of Brown vs. Board of

Ed (1954)Ed (1954)► Bottom Line Bottom Line

Overturned Plessy Overturned Plessy vs Ferguson (1896) vs Ferguson (1896) that said separate that said separate but equal. Said but equal. Said segregation was segregation was unconstitutional. unconstitutional.

Per Pupil ExpenditurePer Pupil Expenditure► San Antonio vs. San Antonio vs.

RodriguezRodriguez► Bottom Line Bottom Line

Permitted ANY kind Permitted ANY kind of school finance of school finance system as long it system as long it provides a minimum provides a minimum education for every education for every student. student.

Students With Limited English Students With Limited English ProficiencyProficiency

► Lau vs. Nichols Lau vs. Nichols (1974)(1974)

► Bottom Line Bottom Line The The court held that Title court held that Title VI required school VI required school districts to take districts to take steps to rectify the steps to rectify the language deficiency language deficiency of students with of students with limited English. limited English.

Special EducationSpecial Education► Board of Education Board of Education

vs. Rowley (1982)vs. Rowley (1982)► Bottom Line Bottom Line The The

IEP must be followed IEP must be followed giving the student a giving the student a free and appropriate free and appropriate education. This did education. This did NOT include an NOT include an interpreter for every interpreter for every class. class.

Accommodating DisabilitiesAccommodating Disabilities► School Board v. School Board v.

Arline (1987)Arline (1987)► Bottom Line Bottom Line

Accommodation of students Accommodation of students and employees with and employees with disabilities is an important disabilities is an important feature. Section 504 of the feature. Section 504 of the Rehabilitation Act says you Rehabilitation Act says you CANNOT discriminated on CANNOT discriminated on the basis of a disability. the basis of a disability. Most of the time Most of the time segregation is NOT a segregation is NOT a reasonable approach.reasonable approach.

Saluting the FlagSaluting the Flag► West Virginia BOE v. West Virginia BOE v.

Barnette (1943)Barnette (1943)► Bottom LineBottom Line You can’t You can’t

make a student say the make a student say the pledge. Famous court pledge. Famous court quote - “No official , quote - “No official , high or petty, can high or petty, can prescribe what shall be prescribe what shall be orthodox in politics, orthodox in politics, nationalism, religion, or nationalism, religion, or other matters of other matters of opinion.”opinion.”

Student SpeechStudent Speech► Tinker v. Des Moines Tinker v. Des Moines

Independent Independent Community (1969)Community (1969)

► Bottom Line Bottom Line Students Students don’t have to shed their don’t have to shed their constitutional rights at constitutional rights at the school house the school house gate….based on the 1gate….based on the 1stst Amendment – Freedom of Amendment – Freedom of Speech. Issue is, does it Speech. Issue is, does it impede the educational impede the educational process?process?

Censorship Censorship ►Hazelwood School Hazelwood School

District v. Kuhlmeir District v. Kuhlmeir (1988)(1988)

► Bottom Line Bottom Line Schools officials Schools officials may exercise may exercise content-basedcontent-based control as long as it control as long as it is for educational is for educational purposes.purposes.

Teachers’ SpeechTeachers’ Speech► Mt. Healthy City Mt. Healthy City

School District v. School District v. Doyle (1977)Doyle (1977)

► Bottom Line Bottom Line 3 step freedom of 3 step freedom of expression clause to public expression clause to public employees including public school employees including public school teachers. teachers.

1.1. Expression is public and the right to Expression is public and the right to speak outweighs the responsibility to speak outweighs the responsibility to teachteach

2.2. The expression was a substantial The expression was a substantial factor in the adverse action being factor in the adverse action being challengedchallenged

3.3. Employer must prove that it would Employer must prove that it would have taken the adverse action have taken the adverse action regardless of the expression of the regardless of the expression of the employeeemployee

School LibrariesSchool Libraries► Board of Education Board of Education

Island Trees Union Island Trees Union Free School District Free School District #26 v. Pico (1982)#26 v. Pico (1982)

► Bottom Line Bottom Line May not May not remove books from the remove books from the library simply because library simply because they dislike the books they dislike the books ideas. MUST be ideas. MUST be educationally educationally UNSUITABLE in order to UNSUITABLE in order to be removed.be removed.

Student Suspensions and Student Suspensions and ExpulsionsExpulsions

►Goss v. Lopez (1975)Goss v. Lopez (1975)► Bottom Line Bottom Line on on

suspensions of up to 10 suspensions of up to 10 school days must have school days must have at least oral notice of at least oral notice of the charges. If student the charges. If student protests, must have protests, must have explanation of evidence explanation of evidence and a chance for the and a chance for the student to tell their side student to tell their side of the story. of the story.

Corporal PunishmentCorporal Punishment► Ingraham v. Wright Ingraham v. Wright

(1977)(1977)► Bottom Line Bottom Line 8 8thth

Amendment's guarantee Amendment's guarantee against cruel and unusual against cruel and unusual punishment applies to punishment applies to prison not school context. prison not school context. BUT if the student can prove BUT if the student can prove that the punishment was that the punishment was excessive then it breaks the excessive then it breaks the 1414thth Amendment of “due Amendment of “due process”. Student can bring process”. Student can bring suit against school.suit against school.

Searches of StudentsSearches of Students►New Jersey v. TLO New Jersey v. TLO

(1985)(1985)► Student searches Student searches

are allowed give are allowed give there is “reasonable there is “reasonable suspicion”. Even suspicion”. Even noninvasive noninvasive strip strip searches have held searches have held up in court. up in court.

Random Drug TestRandom Drug Test► Vernonia School Vernonia School

District v. Acton District v. Acton (1995)(1995)

► Random Drug testing Random Drug testing for students that for students that participated in participated in athletics was athletics was CONSTITUTIONAL and CONSTITUTIONAL and does NOT violate the does NOT violate the 1414thth Amendment. Amendment.

Sexual Harassment Sexual Harassment ► Franklin v. Gwinnett Franklin v. Gwinnett

County Public Schools County Public Schools 19921992

► Bottom Line Bottom Line Title IX Title IX authorizes a suit for authorizes a suit for money damages.money damages.Gebser vs. Lago VistaGebser vs. Lago Vista, , stated that the institution stated that the institution can be held liable when can be held liable when they knew of the they knew of the situation but did not take situation but did not take corrective measures. corrective measures.

Disruptive Students in Special Disruptive Students in Special EducationEducation

► Honing v. Doe (1988)Honing v. Doe (1988)► Bottom Line Bottom Line Special Special

Education students Education students can only be removed can only be removed with an agreement with an agreement between the school between the school and the parents…OR and the parents…OR by an injunction by by an injunction by the courts if the the courts if the student could cause student could cause harm. harm.

Government Aid to Religious Government Aid to Religious SchoolsSchools

► Lemon v. Kurtzman Lemon v. Kurtzman 19711971

► Government salary supplements Government salary supplements for teachers of secular subjects for teachers of secular subjects in parochial schools violate 1in parochial schools violate 1stst amendments establishments amendments establishments clause. clause. 3 part Lemon Test:3 part Lemon Test:a.a. Is activity secular in Is activity secular in

purpose?purpose?b.b. Does it neither advance or Does it neither advance or

inhibit religious activity?inhibit religious activity?c.c. Does its implementation Does its implementation

excessively entangle excessively entangle government and religion?government and religion?

Prayer at School EventsPrayer at School Events► Lee v. Weisman Lee v. Weisman

(1992)(1992)► Cannot be teacher Cannot be teacher

led but most of the led but most of the time can be can be time can be can be student led. student led.

Again, it has to pass Again, it has to pass the lemon test. the lemon test. Does it ESTABLISH a Does it ESTABLISH a religion. religion.