Class Notes 13 April 2005
Student projects on search and seizure and
dress codes, lots of current events, a little more on the religion
chapters.
EDLD
5340
13 Apr 2005
Student presentation on reasonable searches and seizures
- TLO requirement for reasonable
Horton v Goosecreek
- use of canine searches
- decided canine searches of lockers and public places are permissible
- if canine search of person will take place, does require reasonable suspicison
Took Lubbock ISD as sample document
- discipline handbook addresses canine searches
- canines not used to sniff individual students
Teachers are asked to highlight 4 points:
- lockers can be sniffed at anytime
- vehicles parked can be sniffed
- unoccupied classrooms can be sniffed
- students found in violation
in LISD dogs are used every day in different areas of district
- LISD uses a 3rd party to contract the dog
- doesn't have a dog on the police staff
- this is more cost effective
- new police officer is 33K
- dog has up front cost of 5K, all the other costs
- another reason: there are no police officers present, by TLO there is a lower threshold required
To make legal search
- give notice to the student
- give student chance to tell their story
- further search may be justified
Staff Development ideas
- drug education seminars
- drug dterrent programs
- drug education classes
- legal aspects of search and seizure
Dogs are not allowed to search any people that are around, including parents, visitors to campus, etc.
Student presentations #2 on Dress Code Violations
are proposing a new dress code that is gender neutral
Is a lot of case law that support creation of dress codes by school districts, does not violate 1st Amendment
Now back to A&A Text
page 845 Arline case has important definitions
- "otherwise qualified" on p. 846
- "major life activities" on p. 846
- if someone is otherwise qualified to do the job but have a disabling condition, it is incumbent on the employer to provide "reasonable accomodations" (not spelled out in the case but is in the case notes, bottom of page 847-848
-- should not be "unduly burdensome"
Chalk case on p. 849
- 9th Circuit Court of Appeals
- application of the Arline doctrine and Rehabilitiation Act intent in case of a teacher with AIDS
- court said without more evidence we are not going to judicially supplant the overwhelming essence of medical expertise, to say "something might happen"
-- short of a small likelihood, we are not going to allow discrimination of employees based just on the HIV and AIDS status
precendent stated in Arline case, then utilized in the Chalk case
In Lubbock area we have a case of a JHS student who is HIV positive, and has engaged in sexual activity with other students
HB 243
AN ACT
relating to bullying as a ground for removing a public school
student from class and placing the student in a disciplinary
alternative education program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.006, Education Code, is amended by
adding Subsection (o) to read as follows:
(o) A student shall be removed from class and placed in a
disciplinary alternative education program as provided by Section
37.008 if the student, on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property, including while on a school
bus or at a school bus stop, engages in bullying. In this
subsection, "bullying" means engaging in written or verbal
expression or physical conduct that:
(1) the student knows or reasonably believes will
cause significant emotional distress to another student;
(2) causes significant emotional distress to another
student; and
(3) would cause significant emotional distress to a
reasonable person under the same circumstances.
SECTION 2. This Act applies beginning with the 2005-2006
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
HB 283
AN ACT
relating to the transfer of public school students who are the
victims of bullying.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 25, Education Code, is
amended by adding Section 25.0341 to read as follows:
Sec. 25.0341. TRANSFER OF VICTIMS OF BULLYING. (a) In this
section, "bullying" means engaging in written or verbal expression
or physical conduct that:
(1) the student knows or reasonably believes will
cause significant emotional distress to another student;
(2) causes significant emotional distress to another
student; and
(3) would cause significant emotional distress to a
reasonable person under the same circumstances.
(b) On the request of a parent or other person with
authority to act on behalf of a student who is a victim of bullying,
the board of trustees of a school district shall transfer the victim
to:
(1) another classroom at the campus to which the
victim was assigned at the time the bullying occurred; or
(2) a campus in the school district other than the
campus to which the victim was assigned at the time the bullying
occurred.
(c) The board of trustees shall verify that a student has
been a victim of bullying before transferring the student under
this section.
(d) Section 25.034 does not apply to a transfer under this
section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
Both deal with bullying
Senate Bill 152
AN ACT
relating to prevention of and education concerning bullying in
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 37.083, Education Code,
is amended to read as follows:
(a) Each school district shall adopt and implement a
discipline management program to be included in the district
improvement plan under Section 11.252. The program must provide
for prevention of and education concerning unwanted physical or
verbal aggression, sexual harassment, and other forms of bullying
in school, on school grounds, and in school vehicles.
SECTION 2. This Act applies beginning with the 2005–2006
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
This SB152 was passed by the Senate and referred to the House Education Committee on 30 March 2005
another bill calls for a bullying hotline
Now beginning with Chapter 5 of A&A on Religion
- also chapter 7 of Kemerer and Walsh
Email sent to parents by 3rd grade teacher, parents challenged it
- many issues raised here
Think of Bethel v Frazier case when it comes to students being offended at expression (profane and disruptive)
- Tinker case: student expression
- also 1988 case, had to do with newspapers in journalism class, Hazelwood case (rationally related to the pedagogical concern of avoiding religous contention and debate"
13 Apr 2005
Student presentation on reasonable searches and seizures
- TLO requirement for reasonable
Horton v Goosecreek
- use of canine searches
- decided canine searches of lockers and public places are permissible
- if canine search of person will take place, does require reasonable suspicison
Took Lubbock ISD as sample document
- discipline handbook addresses canine searches
- canines not used to sniff individual students
Teachers are asked to highlight 4 points:
- lockers can be sniffed at anytime
- vehicles parked can be sniffed
- unoccupied classrooms can be sniffed
- students found in violation
in LISD dogs are used every day in different areas of district
- LISD uses a 3rd party to contract the dog
- doesn't have a dog on the police staff
- this is more cost effective
- new police officer is 33K
- dog has up front cost of 5K, all the other costs
- another reason: there are no police officers present, by TLO there is a lower threshold required
To make legal search
- give notice to the student
- give student chance to tell their story
- further search may be justified
Staff Development ideas
- drug education seminars
- drug dterrent programs
- drug education classes
- legal aspects of search and seizure
Dogs are not allowed to search any people that are around, including parents, visitors to campus, etc.
Student presentations #2 on Dress Code Violations
are proposing a new dress code that is gender neutral
Is a lot of case law that support creation of dress codes by school districts, does not violate 1st Amendment
Now back to A&A Text
page 845 Arline case has important definitions
- "otherwise qualified" on p. 846
- "major life activities" on p. 846
- if someone is otherwise qualified to do the job but have a disabling condition, it is incumbent on the employer to provide "reasonable accomodations" (not spelled out in the case but is in the case notes, bottom of page 847-848
-- should not be "unduly burdensome"
Chalk case on p. 849
- 9th Circuit Court of Appeals
- application of the Arline doctrine and Rehabilitiation Act intent in case of a teacher with AIDS
- court said without more evidence we are not going to judicially supplant the overwhelming essence of medical expertise, to say "something might happen"
-- short of a small likelihood, we are not going to allow discrimination of employees based just on the HIV and AIDS status
precendent stated in Arline case, then utilized in the Chalk case
In Lubbock area we have a case of a JHS student who is HIV positive, and has engaged in sexual activity with other students
HB 243
AN ACT
relating to bullying as a ground for removing a public school
student from class and placing the student in a disciplinary
alternative education program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.006, Education Code, is amended by
adding Subsection (o) to read as follows:
(o) A student shall be removed from class and placed in a
disciplinary alternative education program as provided by Section
37.008 if the student, on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property, including while on a school
bus or at a school bus stop, engages in bullying. In this
subsection, "bullying" means engaging in written or verbal
expression or physical conduct that:
(1) the student knows or reasonably believes will
cause significant emotional distress to another student;
(2) causes significant emotional distress to another
student; and
(3) would cause significant emotional distress to a
reasonable person under the same circumstances.
SECTION 2. This Act applies beginning with the 2005-2006
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
HB 283
AN ACT
relating to the transfer of public school students who are the
victims of bullying.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 25, Education Code, is
amended by adding Section 25.0341 to read as follows:
Sec. 25.0341. TRANSFER OF VICTIMS OF BULLYING. (a) In this
section, "bullying" means engaging in written or verbal expression
or physical conduct that:
(1) the student knows or reasonably believes will
cause significant emotional distress to another student;
(2) causes significant emotional distress to another
student; and
(3) would cause significant emotional distress to a
reasonable person under the same circumstances.
(b) On the request of a parent or other person with
authority to act on behalf of a student who is a victim of bullying,
the board of trustees of a school district shall transfer the victim
to:
(1) another classroom at the campus to which the
victim was assigned at the time the bullying occurred; or
(2) a campus in the school district other than the
campus to which the victim was assigned at the time the bullying
occurred.
(c) The board of trustees shall verify that a student has
been a victim of bullying before transferring the student under
this section.
(d) Section 25.034 does not apply to a transfer under this
section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
Both deal with bullying
Senate Bill 152
AN ACT
relating to prevention of and education concerning bullying in
public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 37.083, Education Code,
is amended to read as follows:
(a) Each school district shall adopt and implement a
discipline management program to be included in the district
improvement plan under Section 11.252. The program must provide
for prevention of and education concerning unwanted physical or
verbal aggression, sexual harassment, and other forms of bullying
in school, on school grounds, and in school vehicles.
SECTION 2. This Act applies beginning with the 2005–2006
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
This SB152 was passed by the Senate and referred to the House Education Committee on 30 March 2005
another bill calls for a bullying hotline
Now beginning with Chapter 5 of A&A on Religion
- also chapter 7 of Kemerer and Walsh
Email sent to parents by 3rd grade teacher, parents challenged it
- many issues raised here
Think of Bethel v Frazier case when it comes to students being offended at expression (profane and disruptive)
- Tinker case: student expression
- also 1988 case, had to do with newspapers in journalism class, Hazelwood case (rationally related to the pedagogical concern of avoiding religous contention and debate"
Posted: Wed - April 13, 2005 at 08:49 PM |
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Total entries in this category: 14
Published On: Apr 13, 2005 08:49 PM
Total entries in this category: 14
Published On: Apr 13, 2005 08:49 PM
