Behavior Problems in Schools Due to Lack of Discipline Essay

School boards often do not adequately justify their reasons for denying High School Students their first amendment rights. Usually, the

Justice Hugo L. Black argued against and gave a dissenting opinion from the majority. He argued the school had a right to maintain order and those armbands distracted students from schoolwork, ultimately detracting the abilities of school officials to perform duties. Additionally, concurring opinions arose from Justice Potter Stewart and Justice Byron R. White. Potter argued that students are not necessarily guaranteed the full extent of the First Amendment rights, and White argued that distinction between communicated words and communicated actions are what drives the majority opinion (“Tinker v. Des Moines Independent Community School District:”). In the “Tinker v. Des Moines School District” article it is written that Justice Abe Fortas famously wrote that “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate” giving way to students’ First Amendment rights in the school place (“Tinker v. Des Moines School District:”). In order for a student to lose such right, the school district would now have to prove this act interfered with other students, an issue that begins to surface throughout the remaining 20th

Des Moines is an important case for free speech in the United States. It affirms that students don’t lose their rights when they go to school. However, it also affirmed that schools can limit speech that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others” (Tinker v. Des Moines, 1969). However, the Court has ruled that there are times that the school can limit speech. In 1986, the Supreme Court ruled in Bethel v. Fraser that students can be disciplined for using vulgar and offensive language in school (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p. 25). This case differed from Tinker v. Des Moines because that case was about political speech or expression. Another example of where school can limit the First Amendment is school sponsored newspapers. This was affirmed by the Court in Hazelwood v. Kuhlmeier (1988). That decision stated that schools can reasonably limit the content of school-sponsored newspapers (Gooden, Eckes, Mead, McNeal, & Torres, 2013, p.

Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline

The suspensions without hearing violate the students' Due Process rights guaranteed by the Fourteenth Amendment. The due process clause of the fourteen amendment provides procedural protections, such as notice and a hearing before termination of entitlements.

Cases that involve the First Amendment in school systems have always been around but the issue of finding a balance with these freedoms is

Often times it’s the student’s needs and the school being unable to meet the student’s needs that lead to the student being disciplined. Kids who are behind academically, and unable to perform at the same level as their peers often act out in frustration or humiliation (Noguera, 2003). Once these students are labelled as difficult, incorrigible, and unteachable they tend to believe these things about themselves and act out more in class which leads to a cycle of discipline that can ultimately lead to permanent expulsion. For some of these students, these continued rule violations lead to run-ins with the police and the criminal justice system. School administrators who are at times frustrated themselves from failed attempts to steer children from a “bad path” don’t realize that in throwing their hands up and giving up on these students, are in a way helping shuttle students from school to the penitentiary (Noguera, 2003).

I stand before you, in this court, to try and sway the majority decision regarding Safford United School District v. Redding (June 5, 2009). With agreeance of Justice Clarence Thomas, the act of searching Ms. Redding for drugs that violated the school’s policy, was not a direct violation of her fourth amendment right. It is no secret that maintaining order in any school environment can be a challenging task. It is more evident in today’s society school officials must take an even more proactive stance, when it does come down to maintaining order. With the recent surge of violent crimes and drug abuse that plague our schools, officials should have the right to try to prevent these actions from perpetuating into an epidemic.

In addition, we used the 2015 Florida School Laws book and the Florida State Statutes to review the K-20 Education Code. The major topics of the summary paper were bullying, due process, and FERPA. To complete the summary, I read through many legal documents, such as the Duval County School Board Policy Manual Chapter 10, Duval County Code of Conduct, Fla. Stat. §1006, §1002, §1003, and the U. S. Constitution. According to the state statutes, every school district must have a student code of conduct that includes a bullying and harassment policy. This document provides the foundation for student expectations and responsibilities at school, school-related activities, and situations that affect school culture. The state statutes specify the responsibilities and obligations of teachers regarding supervision and discipline of students. Teachers must make all decisions in the best interest of students in academics and safety. Due process of law and equality are guaranteed in the Fourteenth Amendment and forbid the basic rights of life, liberty, and property from being unfairly taken away. Substantive due process refers to government guidelines and rules that deny students of their fundamental rights. Procedural due process is a way of making sure the school system provides fair and appropriate measures to

In two Supreme Court cases and one Court of Appeals case, the Fourth Amendment’s clause on searches and seizures has been questioned in a public school setting. These cases are based on the question of what constitutes a reasonable search in a public school, as well as, what is defined as a search and how far that search and seizure can go. These cases collectively examine the exclusionary rule, the change from probable cause to reasonable suspicion, what constitutes a search and how far that search can go. In a public school setting, students rights to be free from searches and seizures differ from others, as shown in TLO v. New Jersey, Vernonia v. Acton, and Doe v. Renfrow.

In this paper I will address a due process rights afforded to a student in a scenario presented by The American College of Education. I will explain the substantive and procedural due process rights as they relate to student discipline in the situation. I will give concepts, and examples relating to freedom of speech and privacy. I will address the IEP educational rights as I understand it within the scope of California and the federal IDEA legislation.

The U.S. Supreme Court ruled 7-2 in favor of the students. The court agreed that the student's rights should be protected and that ‘students do not shed their constitutional

Topic: The administrators of the Columbus, Ohio, Public School System temporarily suspended several students without a formal trial or hearing. The findings of the trial court declared the actions of the administrators violated the Fourteenth Amendment’s rights to due process.

Prior to the landmark ruling by the United States Supreme Court, New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720 (1985), the clarity on how search and seizures applied to students in public schools were unclear. A particular case from 1969 can shed some light regarding on how the First Amendment of the U.S. Constitution defines student rights in public schools. In Tinker v. Des Moines, 393 U.S. 503, 89 S. Ct. 733; 21 L. Ed. 2d 731 (1969), the court found that:

Discipline plays an important role towards the formation of students’ character. It is one of the important components in a system where closely related to the discipline, nature, morality and decency. The word discipline is one thing that is synonymous in daily life. The word discipline is so broad meaning either meaning negative or positive sense. However, the negative meaning that often become the focus and is becoming an issue that is popular if it involves individual or group meetings with the community.