Term
| Tinker v Des Moines School Board |
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Definition
| Student Political Expression -- black arm bands during Vietnam. US Supreme Court upheld students' right to political expression and that they do not give up rights at the school gate |
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Term
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Definition
| 1986 - Fraser delivered sexually offensive speech at Bethel HS, court ruled speech was in contrast to school's mission and could be limited. 1st amendment rights do not extend to vulgar speech delivered to minors and captive audiences. Student rights not as broad as adult's rights in public. |
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Term
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Definition
| 2007 - banner at olympic torch relay school event -- Supreme Court ruled school could censor speech advocating illegal drug use |
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Term
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Definition
| 1988 - controlling student press -- Supreme Court ruled schools have rights to limit school publications, theatrical productions, and other expressive activities which conflict with the school's mission. |
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Term
| student conduct off school grounds |
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Definition
| authority of school officials is the same at off campus, after-hours school-sponsored activities as it is during normal on campus school hours |
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Term
| intimidation of students traveling to and from school |
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Definition
| misdemeanor in NV to interfere with any student heading to/from school -- aimed at gang activity |
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Term
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Definition
| Goss v Lopez -- students have right to due process when suspended. ISS and detentions usually do not require hearings. 1-3 day suspension requires informal hearing (interview to get student's side). 10+ days require formal hearing. due process not required when immediate expulsion happens due to danger to person or property -- hearing must happen afterwards as soon as possible |
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Term
| Bodily Injuries to Staff/Drug Trafficking |
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Definition
NV statute -- 1st time -- suspended or expelled for 1 semester, may be placed in alternative school for period
2nd -- permanent expulsion from that school and equivalent instruction elsewhere |
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Term
| Firearms and Dangerous Weapons |
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Definition
NV statutes
-- 1st time - expulsion from school for 1 year, or placement in alternative for time
2ns - permanently expelled, must to educated in alternative place |
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Term
| habitual disciplinary problems |
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Definition
| defined as threat or extortion of student or adult; suspended for initiating 2 or more fights on school property; record of 5 suspensions from the school -- must be expelled at least one semester, equivalent instruction required |
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Term
| presence of violent students |
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Definition
| NV statute requires schools and teachers to be informed of violent student presence; sexual offenders may not attend same school as victims |
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Term
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Definition
| can be charged with misdemeanor; parents can be charged with criminal charge |
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Term
| exceptions to discipline statutes |
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Definition
-- principal may allow weapon possession IAW board policy
-- K-6 students may not be suspended for semester or longer without board review and approval; firearms charges not afforded this review |
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Term
| student search and seizure |
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Definition
| schools only required to show "reasonable suspicion" instead of police's requirement to have "probable cause" since schools act in place of parents |
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Term
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Definition
2 requirements for acceptable search --
1 - search initially justified by reasonable suspicion
2 - method of search reasonably related to objectives of search
i.e. - no body cavity search for stolen lunch money; in case, student suspected of smoking, search limited to purse, upheld |
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Term
| Stafford Unified SD #1 et al. Petitioners v. April Redding |
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Definition
| Supreme Court upheld student rights when body cavity search for pills was conducted based upon accusation from another student -- "excessively intrusive given age/sex of student and nature of infraction" |
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Term
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Definition
| schools can require drug testing for participation in extracurriculars |
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Term
| Vernonia SD 47J v. Action |
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Definition
| Supreme Court upheld drug testing for athletes in high drug use area |
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Term
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Definition
| Supreme Court said pervasive drug use in area no longer required for drug testing; testing could be expanded to all extracurriculars; school district emphasized couseling; results not to be shared with police; results only limited participation in activity |
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Term
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Definition
| schools can compel proper decorum and appropriate behavior. students may not be coerced to participate or punished in any way for their nonparticipation |
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Term
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Definition
| corporal punishment in public schools not cruel and unusual punishment |
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Term
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Definition
| NV passed no corporal punishment law in 1993; however teachers can defend themselves if attacked by student; use of reasonable and necessary force is allowed to quell disturbance threatening injury, to obtain possession of weapon, for self-defense, to escort disruptive student |
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Term
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Definition
| allowed; schools must facilitate acquisition of uniforms for families requesting financial assistance |
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Term
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Definition
| parents have rights to review records; controls release of info; directory info can be released without permission including pictures of activities |
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Term
| grading of papers by peers |
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Definition
| 2002 --- does not violate FERPA -- Owasso Independent SD v. Falvo |
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