How to stay out of court: balancing school safety with individual rights.We've all seen the pictures--frightened students running from campus, frantic parents milling about the school parking lot, and law enforcement sweeping classrooms. Parents of school-age children distill dis·till v. 1. To subject a substance to distillation. 2. To separate a distillate by distillation. 3. To increase the concentration of, separate, or purify a substance by distillation. these events to a basic question-Can that happen at my child's school? Administrators should consider prevailing public discourse about school safety in order to stay out of court and avoid costly litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , especially when applying rules for student conduct. Schools must provide a safe and orderly environment for students. Yet school administrators must balance this demand with the need to protect individual rights. The First, Fourth and Fourteenth Amendments Fourteenth Amendment, addition to the U.S. Constitution, adopted 1868. The amendment comprises five sections. Section 1 Section 1 of the amendment declares that all persons born or naturalized in the United States are American citizens and citizens to the U.S. Constitution offer protections to free speech, freedom from unreasonable search and seizure unreasonable search and seizure n. search of an individual or his/her premises (including an automobile) and/or seizure of evidence found in such a search by a law enforcement officer without a search warrant and without "probable cause" to believe evidence of a , and the right to due process. These fundamental concepts muddy the waters for site administrators trying to get a clear picture about campus safety. Clearly, school officials must have a solid understanding of the law, current legislation and administrative regulations to provide a safe learning environment where individual rights are protected. So how can district administrators stay out of court? Use common sense "Common sense is the knack of seeing things Seeing Things may refer to:
n. The point, line, or surface of union of two parts. , common sense and the law, or at the very least, education law, have parted ways. Talk to an attorney If you have a specific legal question, talk to a licensed attorney who specializes in education law. Some larger districts have in-house counsel or attorneys on retainer A contract between attorney and client specifying the nature of the services to be rendered and the cost of the services. Retainer also denotes the fee that the client pays when employing an attorney to act on her behalf. . You just have to negotiate the organizational chain of command to get access to the expertise they offer. County offices of education often have an attorney on staff that produces legal opinions or offers advice on various aspects of school operations and instruction. Smaller districts can call on this resource. Keep in touch with those in the know Cultivate relationships with knowledgeable people. If you are fortunate enough to be close to a university, foster contact with the education or legal department. They can offer objective perspective on difficult situations and will often refer to bedrock documents or principles. Read about education law Education law is increasingly dynamic. What you knew last year may not be enough now. You may know that New Jersey v. T.L.O. (1985) set the standard for "reasonable suspicion Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. " in search and seizure search and seizure In law enforcement, an exploratory investigation of a premises or a person and the taking into custody of property or an individual in the interest of gaining evidence of unlawful activity or guilt. , but are you aware of Vernonia v. Acton (1995) and the guidelines it set for drug testing of student athletes in high school? In our education law classes, we learned that Goss v. Lopez Goss v. Lopez, 419 U.S. 565 (1974) was a United States Supreme Court case that held that the school must conduct a hearing before subjecting a student to suspension. (1975) set the standard on due process rights for students, but more recent cases like Daniels v. Woodside (6th Cir. 2005) clarified guidelines for alternative placements of students. Maintain membership in professional organizations Many of these organizations offer books and periodicals as benefits of membership. For example, The First Amendment in Schools (2003) by Haynes, Charles et al. is a quick read published by the Association for Supervision and Curriculum and Development in conjunction with the First Amendment Center. Keep up-to-date It's important to keep up-to-date if you don't want to set legal precedents and land your organization in court. Seek out titles that report the law in jargon-free English and offer commentary and application for schools. Some useful titles include the following: Deskbook Encyclopedia of American School Law 2006, by the Center for Education and Employment Law (www.ceelonline.com), reports court cases and legal opinions in plain English Plain English (sometimes known, more broadly, as plain language) is a communication style that focuses on considering the audience's needs when writing. It recommends avoiding unnecessary words and avoiding jargon, technical terms, and long and ambiguous sentences. , and student safety and individual rights issues are covered. You might also check out U.S. Supreme Court Education Cases, currently in a twelfth edition from the same publisher. School Law Advisor (2006) from Quinlan Publishing (www.quinlan.com) is a useful reference tool with informative chapters on Title IX, constitutional rights, religion and student safety. Subscribe to Verb 1. subscribe to - receive or obtain regularly; "We take the Times every day" subscribe, take buy, purchase - obtain by purchase; acquire by means of a financial transaction; "The family purchased a new car"; "The conglomerate acquired a new company"; professional journals or newsletters Like many educators, I purchase the right books but don't always have the time to read them. The regular arrival of newsletters can impose discipline on your reading about education law. The Center for Education and Employment Law offers a monthly subscription to Legal Notes for Education (www.ceelonline.com). This provides a handy round-up of current cases in all aspects of education law, including student discipline. School Law Bulletin and Student Discipline Law Bulletin from Quinlan Publishing (www.quinlan.com) report federal and state court decisions and legislative developments on a bi-weekly and monthly basis. Subscribe to e-mail alerts This is a great way to steal a few minutes during the working day to keep up-to-date with school news, including education law. Quinlan's Web site offers a legal e-mail alert, and DISTRICT ADMINISTRATION (WWW. districtadministration.com) sends a daily newsletter with school news, including a legal brief. Pick one that suits your needs. Train those who need to know District administrators should schedule periodic training for sub administrators about school safety, student discipline and issues pertaining per·tain intr.v. per·tained, per·tain·ing, per·tains 1. To have reference; relate: evidence that pertains to the accident. 2. to the First, Fourth and Fourteenth Amendments. Share knowledge and encourage people to ask timely and insightful questions about district policies and procedures Policies and Procedures are a set of documents that describe an organization's policies for operation and the procedures necessary to fulfill the policies. They are often initiated because of some external requirement, such as environmental compliance or other governmental . In a nod to common sense, Louise Adler, chair of the Educational Leadership Department at Cal State Fullerton, reminded me that many times educators forget that our fore-bearers threw tea into Boston Harbor to send a message to England about their dislike of overbearing o·ver·bear·ing adj. 1. Domineering in manner; arrogant: an overbearing person. See Synonyms at dictatorial. 2. Overwhelming in power or significance; predominant. administrators. So, it is important to listen to people when they complain. It's important to give due process when we discipline students. And it's important to give a fair hearing to those who wish to appeal decisions up the chain of command. This may be the best advice to stay out of court. Eamon O'Donovan is principal of Ladera Ranch Middle School in Ladera Ranch, Calif. |
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