Show:
Rights of Tenured and Nontenured Teachers
Procedural Due Process
Student Discipline
Searches
Court Cases
100
If a reassignment is due to this, then teachers are warranted a hearing.
What is discipline.
100
Serious disciplinary cases call for this which states the charges, time & place of hearing, and a description of the hearing procedures.
What is written notice.
100
These types of policies may be used by schools to keep drugs and weapons out of the school.
What is zero tolerance.
100
Courts are known to give much leeway to administrators regarding searches when there is a concern for other students' this.
What is safety.
100
In L.Q.A. by and through Arrington v. Eberhart, a junior high student was suspended for possessing marijuana and given a hearing. At the hearing some student witnesses were unable to attend, but sent written statements instead. These statements were not considered unconstitutional even though the accused was not allowed to do this to those witnesses.
What is cross-examine.
200
Unless local laws require it, schools are under no obligation to give this type of teacher a reason for not renewing their contract.
What is probationary or nontenured.
200
As the strength of the students' interest increases so does the extent of due process that is necessary. This is what the courts have determined to try to balance students' interest with the school's job to protect the school and what?
What is community.
200
Students may be disciplined for things they do outside of school as long as long as the rule that they break is this.
What is connected to the operation of the school.
200
School officials can search lockers and computers as they are used during school hours and are property of who?
Who is the school.
200
In Mt. Healthy v. Doyle, a school district can include protected activity in the reasoning for nonrenewal of a contract as long as the substantial or motivating factor for nonrenewal is not the protected activity. If the school board can show that the teacher would not have been rehired even if the the protected activity didn't occur, then the nonrenewal meets this test.
What is the "but for" test.
300
A probationary or nontenured teacher is not entitled to due process in the event that this happens regarding their contract.
What is nonrenewal.
300
In minor disciplinary cases, charges may be written or this.
What is oral.
300
This, when reasonable is not unconstitutional, but when it is excessive, my be unconstitutional.
What is corporal punishment.
300
In general, this type of search is found to be illegal in schools.
What is a strip search.
300
In New Jersey v. T.L.O. the precedence was set that a search is justified when there are reasonable grounds for suspecting that the search will turn up evidence that the student has broken a school rule or a law. This is known as what?
What is reasonable suspicion.
400
Only tenured teachers have a reasonable expectation of continuous employment which creates this type of interest.
What is property.
400
This type of disciplinary case may require extensive due process procedures as it can lead to expulsion and may have an impact on a student's future occupational life.
What is serious.
400
When these happen causing teachers or administration to act hastily in order to protect the safety of students, due process does not apply.
What are emergencies.
400
School officials may conduct searches with law enforcement present. However, for law enforcement to conduct a search, they must obtain this.
What is a warrant.
400
Miranda v. Arizona set that people being questioned related to a criminal investigation have the right to guard themselves against this, (which does not apply to schools.)
What is self incrimination.
500
Due process will be granted to nontenured teachers only if there is reason to believe that the nonrenewal of their contract was due to them exercising one of these, such as freedom of speech.
What is a constitutional right.
500
In this type of disciplinary case, students are given an explanation of the evidence against them and are given an opportunity to present their side of the story.
What is minor.
500
Due process does not apply in regard to minor rule breaking which teachers handle in the classroom. The court considers this type of disciple to be "de minimis no curat lex" or this.
What is the law does not deal with trifles.
500
Reasonable suspicion makes it legal for school administrators to search for weapons when warned this way by an unknown person in this manner.
What is an anonymous tip.
500
In Goss v. Lopez, students were not given a hearing and never informed of what they did to receive suspension. It was noted by the courts that students do not "shed their rights at the schoolhouse door." Just like in this famous case.
What is Tinker v. Des Moines.