School Laws on Using Campus Facilities
Week 1 Case Studies
David Fernandez
School Law
Use of Facilities by Religious Groups 1. Yes, I believe the Bible club has legitimate grounds to file suit for use of school facilities. Principal Gayle Dixon’s decision to deny the club use is based on her interpretation of the club’s charter to be discriminatory and not necessarily the law’s or districts. 2. No, I would say principal Dixon is not justified to deny use of school facilities because she is making the judgment based her beliefs and not the eye of the law’s. 3. Yes, the Bible club has the right to specify that only Christians may be club officers based on the fact that the Bible club members all agree or vote for the standards of the charter for the club. 4. If I was the principal of this school and I questioned whether this part of the charter was legal to enforce I would consult the district office or the school/district legal counsel to ask if it was appropriate to allow the club use of our facilities based on that part of their charter. I would take the decision out of my hands to what was legally appropriate. 5. Based on my answers above, I believe a court would rule for the club to have equal access to our facilities based on the fact that as the school, we have no rights to tell the Bible club how to operate their club. 6. As an administrator, it would be up to me to ultimately allow or refuse access to the club unless higher authority permission was need (i.e. District approval). If I denied the club access to our facilities based upon my personal beliefs or interpretations, not only would it open myself, the school, and the district up to legal action, it could cost me my position as principal of the school.
Search on School’s Parking Lot
1. I am going to say there was not enough of a reasonable basis to initiate a thorough search based on just readmittance slips being found in the student’s purse. As Essex (2008) points out, to me readmittance slips
David Fernandez
School Law
Use of Facilities by Religious Groups 1. Yes, I believe the Bible club has legitimate grounds to file suit for use of school facilities. Principal Gayle Dixon’s decision to deny the club use is based on her interpretation of the club’s charter to be discriminatory and not necessarily the law’s or districts. 2. No, I would say principal Dixon is not justified to deny use of school facilities because she is making the judgment based her beliefs and not the eye of the law’s. 3. Yes, the Bible club has the right to specify that only Christians may be club officers based on the fact that the Bible club members all agree or vote for the standards of the charter for the club. 4. If I was the principal of this school and I questioned whether this part of the charter was legal to enforce I would consult the district office or the school/district legal counsel to ask if it was appropriate to allow the club use of our facilities based on that part of their charter. I would take the decision out of my hands to what was legally appropriate. 5. Based on my answers above, I believe a court would rule for the club to have equal access to our facilities based on the fact that as the school, we have no rights to tell the Bible club how to operate their club. 6. As an administrator, it would be up to me to ultimately allow or refuse access to the club unless higher authority permission was need (i.e. District approval). If I denied the club access to our facilities based upon my personal beliefs or interpretations, not only would it open myself, the school, and the district up to legal action, it could cost me my position as principal of the school.
Search on School’s Parking Lot
1. I am going to say there was not enough of a reasonable basis to initiate a thorough search based on just readmittance slips being found in the student’s purse. As Essex (2008) points out, to me readmittance slips
References: Essex. (2008). School Law and the Public Schools: A Practical Guide for Educational Leaders (4th ED.). Boston, MA: Allyn & Bacon ----------------------- 7