School Law Links
Ch. 3 Students
and the Law
Tinker v. Des Moines (1969) U.S
freedom of expression
Student has the right of political freedom of expression
o Involved the wearing
of armbands by students in protest of Vietnam War
o Expression of social,
political, and economic issues by high school and junior high school students.
Bethel v. Fraser (1986) U.S
o Tinker does not prevent
schools from punishing lewd or indecent speech.
Hazelwood School District v. Kuhlmeier (1988) U.S
of expression in Student Publications
o Court held that the
First Amendment did not require schools to affirmatively promote particular
types of student speech.
o Schools can edit
o Schools have
pedogical reasons to edit student speech in student publications
Sherman v. Community School District (1992) 7th
US Circuit Court of Appeals
Participation in Patriotic Exercises – Pledge of
Students do not have to participate in the pledge on
political or religious grounds
o Upheld the words,
“under God” in the Pledge of Allegiance.
Goss v. Lopez (1975) U.S.
Some Due Process rights guaranteed by the Fourteenth
o Students facing
suspension should at a minimum be given notice and afforded some kind of
Gonzalez v. McEuen (1977) Calif. District Court
In California, can’t use recess or lunch for detention
Students must be represented by an outside party
Notice of expulsion hearing, to be adequate, must communicate to
the recipient that nature of the proceedings, and a statement, not only of the
specific charge, but also of the basic rights afforded to the student as per
the Education Code.
Allen v. Casper (1993) Ohio
Private School Expulsion
o Due process does not
apply to private schools.
Ingraham v. Wright (1977) U.S.
Administration of corporal punishment does not violate the
In the absence of legislation to the contrary, teacher may
inflict corporal punishment.
o More than half of the
states, including California, do not allow the practice of corporal punishment.
o Not in California
suspension of students is 5 days at time max.
Jeglin v. San Jacinto Unified School District (1993) California
Prohibiting the wearing of certain clothing
o Schools can prohibit
the wearing of clothing with writing, pictures, or any insignia that identified
a professional or college sports team
o Doesn’t violate
students’ free speech rights
o Gang presence was
intimidating students and faculty
New Jersey v. TLO (1985) U.S.
In the instant case, a search of a 14-year-old high school
freshman’s purse after she denied having smoked in the lavatory, and after her
companion confessed to the principal that she had been smoking, was reasonable
under the circumstances.
School officials need not obtain a warrant before
searching a student under their authority.
Palmer v. Merluzzi (1989) 3rd District
Court of Appeals
Legal Status of Extracurricular Activities
Extracurricular activities are not a constitutionally
protected property interest
HS sr. busted for drinking beer and smoking pot at school.
Principal first suspends him for 10 days from school but then wanted to do more
so he kept him from playing sports for 60 days.
Student appeals claiming no due process.
School did not violate the Equal protection Clause of the
Beeson v. Kiowa County (1977) Colorado
Married Students participating in Athletics
Gender Equality – Title 9
Married students must be allowed to participate in
o School Board
violated the equal protection clause under the 14th Amendment.