Educational Leadership Explain the Court

Educational Leadership

Explain the court decision in this case. New Jersey v. T.L.O. (469 U.S. 325) was a case appealed to the U.S. Supreme Court. The case involved the search of a high school student for contraband after she was caught smoking. Subsequently, a search of her purse by the Assistant Principal revealed illegal substance paraphernalia, marijuana, and proof of prior drug sales. The student was charged as a juvenile for the drugs and paraphernalia found during the search, however, the student fought the search by claiming it violated the 4th Amendment right against unreasonable searches. The Court, in a 6 to 3 ruling, however, found that the search was indeed reasonable and legal.

Analyze the impact of the court decision on the responsibilities of school principals. School officials do not have blanket rights to search student's private bags and property unless there is reasonable cause -- and this is a balancing between the individual rights of the child who has a legitimate expectation of privacy, and the schools interest in maintaining g order, discipline and law. School officials do not need a warrant, then, but if asked to defend, they must have a reasonable suspicion of the violation of a law. The Court also said that states have a duty to provide a safe school environment, and charge the principal with that duty (Supreme Court 469, 1985).

B. Analyze the impact of Section 504 of the Rehabilitation Act by doing the following:

1. Explain the major premises of this federal legislation. The United States Rehabilitation Act of 1973 is a Federal law that prohibits discrimination on the basis of disability in programs conducted by Federal agencies, or in any organization receiving Federal funding. Section 504 of the Act created and extended civil rights to persons with disabilities. For example, Section 504 provided new opportunities for children and adults with disabilities in education, employment and other settings. Section 504 also requires "reasonable accommodation" for persons with disabilities -- such as special study areas and assistance that is necessary for students to have a fair and complete education (Switzer, 2003; "Section 504," n.d.).

2. Analyze the impact of this federal legislation on the responsibilities of school principals. Because of 504 Schools must now make reasonable accommodations for all children. In the case of school principals, this may have a negative impact on their budget, because there is no way an administrator can 'plan or predict' who may live in their district boundary. In addition, the principal must staff accordingly to provide the needed services. The acronym that is used for this is FAPE (Free appropriate public education) to each student regardless of the nature or severity of the disability (Office for Civil Rights, 2009). Thus, a District, and an individual school's, budgets and staffing resources can be continually in flux based on the population of their district.

C. Identify one example of your state's legislation regarding public education.

1. Analyze the impact of this state legislation on the responsibilities of school principals.

D. Discuss the issues of tort liability on the part of school administrators for activities conducted in the school building by doing the following:

1. Explain what standard of care is owed students during the school day. The school is responsible for providing a "best practices" education for all students. The environment must be appropriate for learning, free from harassment and bullying, and must also include policies that adhere to State and Federal law during school times and on school property. In addition, a New Jersey Court decision (Jerkins v Anderson, 2007) found that schools have a duty to provide reasonable supervision and care not only at school and during school times but at school release times as well. They must adopt a reasonable policy that is designed to protect all students at all times when "connected" to the school and must be "well-suited and well equipped" to oversee dismissal, recess, and at all times during the course of a school day.

2. Propose a reasonable and legally defensible action for a school administrator to take regarding supervision of students before school hours. A School District's responsibilities are mandated in state law (RCW and WAC), district policy, accepted safety standards, and common practice. The idea is that they should provide "reasonable" services to prevent foreseeable accidents by: warning and informing, providing proper instruction, conditioning of participants, and proper and appropriate supervision" (Risk Management, 2010). If a student is on school property prior to school hours -- but at a reasonable time, then the school has accepted "custody" of that child and has a duty to supervise. Thus, if school begins at 8:45 and a student arrives at 8:00 because of transportation, the school should be open and someone there to supervise. However, an 8:45 opening would not constitute a student arriving at 6am and expecting supervision. Required supervision is typically 10-30 minutes before and after official school hours, or during school activities outside of basic school hours. Various tort laws emphasize reasonable supervision in areas (hallways, etc.) that can be construed as problem areas or issues. If the principal in question has a policy to provide adequate supervision between 10-30 minutes prior to and after school hours and during outside events, then the policy is defendable with a precedent Ungaro V. Patchogue-Medford 2005) which found that if the level of school supervision is reasonable then liability is not enforceable. However, in cases of safety, principals are encouraged to err on the side of caution and warn substitutes, new teachers, and other building personnel of problem areas and/or to take reasonable precautions to prevent violence and harm (e.g. Miami-Dade County School Board v. a.N.) 2005.