Educational Law
Education Law and Regulation (ED 674) – FINAL EXAM
Question 1 Breaking down the first case of Stew Starr at Caldwellia High School his provocative web page advocating the recreational use of illegal drugs by students was clearly something that did not belong in the educational environment. In the landmark decision of 1969, the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District declared that students “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Although Stew Starr’s website and statement are recognized under the freedom of speech law it does not induce or maintain an appropriate environment for learning and safety. In order for this to be upheld, although not covered by the law, some of the best practices that school officials can partake in is to adopt policies that are legally and educationally aligned to ensure the educational purpose. Furthermore these policies should be clearly written, communicated, and enforced in a fair and legal manner. In the next situation, Stew Starr threatens fellow student Clark Clean after Clark Clean states his negative sentiments towards the website. Disciplinary action should be enforced for the threat and even more so for the attack on Clark Cleans physical person. He further continues to induce violence and humiliation when he dumped the lunch tray on his head. Those are immediate grounds for disciplinary action for engaging in behavior that is dangerous and offensive according to school policies. With regard to Terry Teacher’s comment, “Stew Starr is a miserable student who does nothing but cause problems to everybody in the school.” Although unprofessional and unnecessary in the educational setting, the teacher’s statement would have been upheld by the law based off the case Pickering v. Board of Education of Township High School District 205, in which the decision sided with the teacher’s freedom of speech. According to NJ Statue 18A:36-19.2.
Question 1 Breaking down the first case of Stew Starr at Caldwellia High School his provocative web page advocating the recreational use of illegal drugs by students was clearly something that did not belong in the educational environment. In the landmark decision of 1969, the U.S. Supreme Court in Tinker v. Des Moines Independent Community School District declared that students “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Although Stew Starr’s website and statement are recognized under the freedom of speech law it does not induce or maintain an appropriate environment for learning and safety. In order for this to be upheld, although not covered by the law, some of the best practices that school officials can partake in is to adopt policies that are legally and educationally aligned to ensure the educational purpose. Furthermore these policies should be clearly written, communicated, and enforced in a fair and legal manner. In the next situation, Stew Starr threatens fellow student Clark Clean after Clark Clean states his negative sentiments towards the website. Disciplinary action should be enforced for the threat and even more so for the attack on Clark Cleans physical person. He further continues to induce violence and humiliation when he dumped the lunch tray on his head. Those are immediate grounds for disciplinary action for engaging in behavior that is dangerous and offensive according to school policies. With regard to Terry Teacher’s comment, “Stew Starr is a miserable student who does nothing but cause problems to everybody in the school.” Although unprofessional and unnecessary in the educational setting, the teacher’s statement would have been upheld by the law based off the case Pickering v. Board of Education of Township High School District 205, in which the decision sided with the teacher’s freedom of speech. According to NJ Statue 18A:36-19.2.