Module 4 School Violence Student Rights and Due

Module 4: School Violence, Student Rights, and Due Process

School Violence, Student Rights, and Due Process Objectives: In order for future teachers to be equipped to comply with the law regarding student discipline (why), students will determine whether school staff members have the right to be armed, and whether schools have the right to punish students for their offcampus online speech (what), by critically examining and debating about landmark supreme court cases in the context of student rights (how). students will also discover other disciplinary measures that schools can and cannot take and under what conditions (what), through cooperative analysis and sharing of other Supreme Court Cases (how)

Morning Greeting Sentence Starters (5 min. )

US Constitution and the Law US Federal Circuit Supreme Court Districts Take turns facilitating the sharing of hw responses with your PLCs (5 min. )

Violence Prevention: Safe Schools Acts Gun Free Schools Act (1990) http: //www. fldoe. org/schools/safe-healthyschools/safe-schools/related-topics/gun-freeschools-act. stml Safe and Drug Free Schools Act (2004)

Zero Tolerance Policies http: //www. americanbar. org/groups/child_law/tools_to_use /attorneys/school_disciplinezerotolerancepolicies. html http: //www. forbes. com/sites/indersidhu/2011/01/14/misguid ed-when-misused-the-problem-with-zero-tolerancepolicies/2/#50 b 1 aba 6677 d http: //www. fldoe. org/schools/safe-healthy-schools/safeschools/related-topics/zero-tolerance/index. stml

Gang Prevention Programs http: //www. fldoe. org/schools/safe-healthy-schools/safeschools/related-topics/gang-resources-for-parentsteachers. stml http: //www. ojjdp. gov/programs/antigang/

Synthesis 2: Socratic Seminar In light of recent violence and tragedies in schools despite their best efforts to ensure safety, should staff have the right to be armed? If so, what kinds of limitations and training should be required? If not, why not? What laws and regulations exist to prohibit this? Suggested resources to defend your thinking: your readings, ppts. , and handouts thus far relative to school safety Taking Sides/Clashing Views on Educational Issues pp. 163 -172 National School Safety and Security Services “Arming Teachers and School Staff with Guns: …” 8/15/13. www. schoolsecurity. org/trends/arming_teachers. html

Synthesis 2: Socratic Seminar In light of recent violence and tragedies in schools despite their best efforts to ensure safety, should staff have the right to be armed? If so, what kinds of limitations and training should be required? If not, why not? What laws and regulations exist to prohibit this? Suggested resources to defend your thinking: Yes: At Least 7 States Now Have Armed Staff in Schools, 7/30/13 http: //www. usnews. com/news/articles/2013/07/30/at-least-7 -states-now-havearmed-staff-in-schools A Teacher’s Pocket Guide to School Law, pp. 71 -73 any other current, reliable online resources you’ve perused, but be sure to cite sources

Take A Break Return Time:

The following information is adapted from: Teachers and the Law, 8 e By David Schimmel, Leslie R. Stellman, and Louis Fischer Chapter 10: When Can Schools Restrict Freedom of Expression?

Key Concepts Controversial Student Views Publications Internet

Essential Question In what manner has your school restricted freedom of expression regarding students’ controversial views presented in the classroom or on the internet?

Students’ Free Speech 1965 The Tinker Case

Students & Internet Usually apply the principle of Tinker Establish the “nexus” between occurrence and the disruption of the school environment Court Cases - Differing Court Opinions: 4 Cases- Guidelines Layshock ex rel. Layshock v. Hermitage School Wisniewski v. Weedsport Central School District Barnett v. Tipton County Board of Education

Students & Free Speech Schools can legally limit student expression and symbolic speech. Schools may take reasonable action to restrict student expression to prevent disruption. (Tinker) use discretion to restrict symbols that might lead to disruption; can change school’s symbol against the wishes of students. can prohibit demonstrations near a school or during a school assembly. may punish lewd and offensive student expression; (Bethel v. Fraser)

Student Rights Students cannot be required to say or to stand for the pledge of allegiance. Students do not have a right to academic freedom. Schools can remove controversial books from a school library; however, it depends on the facts of the case. They must establish and follow constitutional criteria and reasonable procedures before removing controversial material. Students do not have the right to remove “racist” books from the curriculum.

Hate Speech Codes Districts establish policies that broadly prohibit bullying and harassment. Anti-Harassment codes are constitutional only if they are “narrowly worded”, and only if they prohibit unprotected speech.

Due Review Due Next Class 9/22: Current Events Coffee Talk Read and take notes Chapter 4: Students, the Law, and Public Schools Read and take notes Chapter 10: Teacher Freedoms Prep for debate: Resolved: Schools have the right to punish students for their off-campus online speech Research “your” PLC case and take notes NOTE: NO SUBMISSIONS, but a good amount of reading and prep this week! Due in two Weeks 9/29: Diversity Project : Submit to Live. Text and Webcourses

Plus / Deltas Socratic Seminar – passion, enthusiasm Socratic Seminar - Different points of view; emotions Positive culture to facilitate contributing Points for PLCs Prep time for open discussion among teams Opportunity to hear opposing viewpoints to help make informed decisions Larger classroom Socratic Seminar – insufficient time for everyone to talk; Socratic Seminar - not a structured debate Socratic Seminar - need more time to research positions