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William Allan Kritsonis, PhD Educational Law Series - Public School Law and Public Policy
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Until 1969, First Amendment freedoms were not considered to apply seriously to school-age children. However, the 1969 Supreme Court ruling in Tinker v. Des Moines Schools changed everything. Suddenly, students did not shed their constitutional rights at the schoolhouse gates, as Justice Abe Fortas famously wrote. This slide presentation reviews the four major Supreme Court decisions that shape today's so-called school speech.
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Until 1969, First Amendment freedoms were not considered to apply seriously to school-age children. However, the 1969 Supreme Court ruling in Tinker v. Des Moines Schools changed everything. Suddenly, students did not shed their constitutional rights at the schoolhouse gates, as Justice Abe Fortas famously wrote. This slide presentation reviews the four major Supreme Court decisions that shape today's so-called school speech.
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About Dr. William Allan Kritsonis Remarks by Jennifer Butcher August 22nd 2008 I have the privilege of introducing Dr. William Allan Kritsonis. Dr. Kritsonis earned a Bachelor’s degree from Central Washington University in Ellensburg, Washington. He earned his Master’s in Education from Seattle Pacific University and his PhD from the University of Iowa. He also was a Visiting Scholar at both Columbia University in New York, and Stanford University, Palo Alto, California. Dr. Kritsonis has served education as a teacher, principal, and superintendent of schools. He has earned tenure as a professor at the highest academic rank at two major universities. He was also a professor at Louisiana State University in Baton Rouge. In 2004, Dr. Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table in the University of Oxford, Oxford, England. Dr. Kritsonis is a well respected author of more than 500 articles in professional journals and several books. In 1983, Dr. Kritsonis founded the NATIONAL FORUM JOURNALS. These publications represent a group of highly respected academic journals in education. Currently, Dr. Kritsonis is a Professor in the PhD Program in Educational Leadership here at Prairie View A&M University. At PV he has helped graduate students publish over 400 articles in professional journals and most are indexed in ERIC. Dr. Kritsonis has dedicated himself to the advancement of educational leadership and to the education of students at all levels. On July 26th this summer, Dr. Kritsonis was inducted into the William H. Parker Hall of Honor. He was nominated by doctoral and master’s degree students at Prairie View. It is my pleasure to welcome Dr. William Allan Kritsonis.
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Reading and Supplemental Materials Required Reading Material LaMorte, M. (2012). School Law: Cases and Concepts. 10th edition. Pearson Education: London, England. Chapter 3 Steinberg, M. & Lacoe, J. (Winter 2017). What Do We Know About School Discipline Reform. Education Next. Retrieved from https://www.educationnext.org/files/ednext_xvii_1_steinberg.pdf Links to an external site. Wang, A. (2017, September 5). School District Apologizes After Student Told 'Make America Great Again' Shirts Not Allowed in Class. The Washington Post. Retrieved from https://www.washingtonpost.com/news/education/wp/2017/09/04/school-district-apologizes-after-students-told-make-america-great-again-shirts-not-allowed-in-class/?noredirect=on&utm_term=.34ef9a5bea0c Links to an external site. Recommended (Optional) Learning Materials Vaznis, J. (2018, November 17). Boston Schools Agree to Change Policies on Suspensions. The Boston Globe. Retrieved from https://www.bostonglobe.com/metro/2018/11/16/boston-schools-agree-change-school-suspensions/WFHz9xwRjxZbJhCdN8ZrMP/story.html Links to an external site. Wong, A. (2018, November 28). The Students Suing for a Constitutional Right to Education. The Atlantic. Retrieved from https://www.theatlantic.com/amp/article/576901/ Links to an external site. Zimmerman, A. (2018, November 12). New York City Students Can Be Suspended for An Entire Year. Officials Say Changes Could Be Coming. Chalkbeat. Retrieved from https://chalkbeat.org/posts/ny/2018/11/12/new-york-city-limit-student-suspensions/ LaMorte, M. (2012). School Law: Cases and Concepts. 10th edition. Pearson Education: London, England. 3 Students and the Law Countless interactions between students and school officials occur in public schools, and inevitably, some students or their parents become displeased either with a school official’s actions or with school policy. The vast majority of such disputes are not litigable, however, unless school authorities have violated a student’s constitutional rights, not followed applicable federal or state statutes, or not had appropriate policies or procedures. Prior to the 1970s, courts usually upheld school authorities who demonstrated no more than that their actions were reasonable. Public schools were perceived as enjoying parental prerogatives (in loco parentis), and it was uncertain whether any constitutional rights extended to students. However, in a 1969 landmark decision, the US Supreme Court in Tinker v. Des Moines's Independent Community School District declared that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Subsequently, in 1975 the high court held that public school students possess liberty and property interests in their education, and therefore, that constitutional principles of due process apply to school officials’ treatmen.
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Education is a hallmark of civic life in America, so it’s no surprise that it’s been at the center of many landmark controversies over the years. Here are 10 Supreme Court cases related to education that impacted both constitutional law and the public school experience. 10. Brown v. Board of Education (1954) Arguably the most well-known ruling of the 20th century, Brown overturned Plessy v. Fergusonand established that “separate educational facilities are inherently unequal.” The Warren Court’s unanimous decision explained that the separate-but-equal doctrine violated the Equal Protection Clause of the 14th Amendment, and ordered an end to legally mandated race-segregated schools. While the Brown decision marked only the beginning of a prolonged struggle to achieve actual integration, its impact cannot be understated. 9. Engel v. Vitale(1962) and 8. Abington School District v. Schempp (1963) This pair of cases shaped the modern understanding of how the Establishment Clause of the First Amendment constrains prayer in public schools. In Engel, the Court struck down a New York State rule that allowed public schools to hold a short, nondenominational prayer at the beginning of the school day. The Court decided that these prayers amounted to an “official stamp of approval” upon one particular kind of prayer and religious service, and said that, since teachers are agents of the federal government, the scheme violated the Establishment Clause. The reasoning in Engel was also applied in Schempp, in which the Court struck down a Pennsylvania policy that required all students to read 10 Bible verses and say the Lord’s Prayer at the beginning of each day. While a student could get an exemption with a parent’s note, the Warren Court decided that this still amounted to an unconstitutional government endorsement of a particular religious tradition. 7. Lemon v. Kurtzman(1971) This case adjudicated a different sort of Establishment Clause challenge, where the controversy dealt with a statute providing financial support for teacher salaries and textbooks in parochial schools. The Burger Court unanimously decided that this financial aid scheme violated the Establishment Clause and delineated the governing precedent for Establishment Clause cases known as the Lemon test. Under Lemon, statutes (1) must have a secular legislative purpose; (2) must have primary effects that neither inhibit nor advance religion; and (3) cannot foster an “excessive government entanglement with religion.” The Court held that this scheme violated the third prong of the Lemon test. 6. Wisconsin v. Yoder (1972) Among the litany of public school cases from the Warren and Burger eras is the landmark Free Exercise Clause decision in Yoder. Wisconsin mandated that all children attend public school until age 16, but Jonas Yoder, a devoutly religious Amish man, refused to send his children to school past eighth grade. He argued that his children didn’t need to be in school that long t ...
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u or your {amily ever have )ased views thai contlicted /ith events at your school? ie your views c0nservative .e., opposition to dancing, ctance of evolution theory, rparticipation when certajfl s were shown, etc.)? Were trictions imposed that you believed unnecessary? Perhaps the greatest point of tension concerning religion and cun'iculum is the theory of evolution. In the so-called "scopes Monkey Trial" in -1,)25, a high school teacher was convicted of violating a Tennessee regulation against teaching anything that contradicted the biblical Genesis accolrnt of the creation of humans. Although the conviction was overturned on a technicaliry controversy over the teaching of evolution in schools has continue d.In L982 Louisiana passed the Balanced Treatment Act, which required the teaching of both creationism and evolution. The U.S. Supreme Court ruled the act illegal because it endorsed creationism, a Chrlstian view, to the exclusion of other views. Some school districts, and even whole states, have afiempted to give equal time both to what some Christians believe about creation as embodied in the literal translation of the Bible and to evolution. Some districts have attempted to outlaw the teaching of evolution or to require a disclaimer stating that it is only a theory, one of many that try to explain the or:igin of humans. As you can see, the rights and responsibilities of teachers and stridents often inter- sect at the delicate point of separation of church and state. In some communities, and at some times of the year, preserwing this separation is challenging. What.[re the Legal Rights of Students? Students do not leave their constitutional rights at the schooihouse door. You may no- tice that there isn't a section of this chapter devoted to students' legal responsibilities. If there were, the section would be short. Students have the responsibility to go to school as long as it is cornpulsory (usually to age 1.6, but to age 1"8 in some locations). That's about it in terms of legal responsibilities. dlthough we hope students take re- sponsibility for their lear:ning and behavioq unless their behavior is deerned illegal or extrernely disruptive, there are no other laws binding them. Before 1969, students were not recognized as having First Amendment rights to free- dom of expression. The U.S. Supreme Court's decision kt Tinker v. Des Moines Inde- pend.ent Comnxunity Scbool District, 1,)6), provided a clear message that a student is entitled to freedom of expression, In this case, three students wore armbands to school to protest the war in Vietnam and were punished for doing so (LaMorte, 2012). The Tinker case reversed the school's stance and has been cited repeateclly since 1969. However, court challenges since Tinker have served to balance the rights of students to express themselves and the necessity of limiting personal freedom to ensure the safety and well-being of others. For students, understanding the need for this b ...
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The Clearing House, 86: 174–178, 2013 Copyright C© Taylor & Francis Group, LLC ISSN: 0009-8655 print; 1939-912x online DOI: 10.1080/00098655.2013.798609 Beyond the Schoolhouse Gate: Students’ First Amendment Speech Rights in the Digital Age MARIE L. BITTNER Abstract: Since 1969, the U.S. Supreme Court has given four rulings on student First Amendment speech rights cases that occurred on school campuses. The so-called information age has changed these geographical bound- aries of student speech. Recently, the U.S. Supreme Court declined to review student free-speech rights cases on the Internet, outside of school. Lower courts have not ruled consistently on this issue. Clarity and guidance is needed for school administrators, parents, and students. Keywords: student First Amendment speech rights, on-campus speech rights, off-campus speech rights, Internet-based student speech rights W hen the U.S. Supreme Court considered the sym-bolic speech rights of three secondary students to wear armbands to protest the Vietnam War, they wrote that “while students do not shed their constitutional rights to freedom of speech or expression at the school- house gate,” this right must be balanced against the interest of school officials to prescribe and control con- duct in the schools (Tinker v. Des Moines Independent County School District 1969). The focus of the Tinker case was on the restriction of student speech on campus. The digital age has expanded schools’ traditional boundaries and blurred our understanding of when, where, and how students can enter the schoolhouse gate. The Internet has both literally and legally moved the schoolhouse to a student’s home computer. Stu- dents’ off-campus online activities raise difficult First Amendment speech issues for school administrators. Before the proliferation of instant messaging, blog post- ings, and social networking sites, the Supreme Court rulings allowed schools to regulate on-campus student speech if the learning environment was disrupted or if Marie L. Bittner is at Portsmouth City Public Schools, Instructional Resource Center, Portsmouth, VA. students were physically harmed but did not extend the school’s authority to regulate speech that occurred off campus (Kasdan 2010). The Supreme Court has not considered a case that involves online student speech, either on campus or off campus. Where one lower court might hold that Internet-related student speech should be restricted, an- other court looking at the same set of facts but applying a different standard might hold that the same Internet- related speech should be protected (Fronk 2010). These conflicting results show that a new and clearer standard is needed for lower courts to adjudicate Internet-related student speech cases (Lei 2009). This guidance for student off-campus digital media usage is equally important for school administrators, since student speech cases are among the most com- monly litigated cases under the First Amendment.
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The Clearing House, 86 174–178, 2013Copyright C© Taylor & F.docx
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Expression and Associational
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