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STUDENTS RIGHTS AND DISCIPLINE

STUDENTS RIGHTS AND DISCIPLINE. Instructor: Kay H. Hunnicutt, Ph.D., J.D. @khh. Freedom Of Expression. The Tinker Doctrine- Tinker v. Des Moines Independant Comm. School Dist. Limiting the Tinker Doctrine -Nonpolitical Speech- Bethel School Dist. 403 v. Fraser

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STUDENTS RIGHTS AND DISCIPLINE

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  1. STUDENTS RIGHTS AND DISCIPLINE Instructor: Kay H. Hunnicutt, Ph.D., J.D. @khh

  2. Freedom Of Expression • The Tinker Doctrine-Tinker v. Des Moines Independant Comm. School Dist. • Limitingthe Tinker Doctrine -Nonpolitical Speech- Bethel School Dist. 403 v. Fraser -School-Sponsored Expressive Activities- Hazelwood Sch. Dist. v. Kuhlmeier

  3. Freedom Of Expression (cont.) • Participation in Patriotic Exercises-- Sherman v. Community School District • Participation in Religious Activities-- Equal Access Act-- Lee v. Weisman Doe v. Santa Fe School District W. Virginia v. Barnett Lemon v. Kurtzman

  4. Suspension, Expulsion, and Disciplinary Transfer • Suspension– Due Process Rights Goss v. Lopez • Public School Expulsion-- Gonzales v. McEuen A.R S. Title 15 • Private School Expulsion-- Allen v. Casper • Disciplinary Transfer

  5. Corporal Punishment • Corporal Punishment-- Paddling, Spanking Ingraham v. Wright

  6. Search of Students and Lockers • Student Search-- New Jersey v. T.L.O. • Search for Drugs and Weapons-- Vernonia School Dist. 47J v. Acton • Intrusive Search • Locker Search

  7. Student Appearance • Dress-- 1st Amendment Right?-- Confederate Flag, Gang Paraphernalia • Uniforms-- Mandatory School Uniforms • Grooming-- Hair

  8. Pregnancy, Parenthood, and Marriage • Years ago, policy used to be exclusion in an effort to deter behavior • Title IX– prohibits gender discrimination in any educational programs receiving federal funds • Pregnancy Discrimination Act

  9. Participation in Extracurricular Activities • Legal Status of Extracurricular Activities-- Palmer v. Merluzzi • Athletics-- Married Students-- Beeson v. Kiowa County School Dist. • Gender Equity-- Title IX , 14th Amendment

  10. School Punishment for Out of School Offenses • Non-criminal Offenses-- -McNaughton v. Circleville Board of Ed. -Warren v. Nat. Assoc. of Secondary School Principals • Criminal Offenses-- -S. v. Board of Ed., San Francisco U.S.D. -Caldwell v. Cannady • 5th Amendment Issue?– “Double Jeopardy”

  11. Bodily Security, Peer Harassment • Peer Sexual Harassment-- Doe v. Petaluma School District Monroe v. Davis

  12. Special Education Rights • The Individuals with Disabilities Education Act (I.D.E.A.) -Hendrick Hudson Dist. Board of Ed. v. Rowley • The Americans with Disabilities Act of 1990 • The Rehabilitation Act of 1973

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