Legal Brief

EDL 5700 - Ethics and School Law for School Administrators

Focus: LEGAL

Assignment: Legal Brief #3

TEXTBOOKS:

McCarthy, M., Eckes, E., & Decker, J. (2018). Legal Rights of School Leaders, Teachers, and Students (8th ed.). Loyola Marymount: Pearson. ISBN: 978-0134997537

Nathan L. (2016). School Law and the Public Schools: A Practical Guide for Educational Leaders (6th ed.). University of Memphis: Pearson. ISBN: 978-0133984415

INSTRUCTIONS:

PART I:

· Research the full case for Tinker v. Des Moines Indep. Sch. Dist. and complete a full case brief.

PART II:

· From the list of topics below, identify one (1) case and/or state statute within one of the textbooks that specifically addresses the chosen topic.

· After selecting a case and/or state statue (You cannot use the Tinker v. Des Moines case) from one of the textbooks, provide a complete summary of how the particulars of the selected case and/or state statute impact case law.

TOPICS (choose only one (1)) below: Please state your chosen topic!

· The four Supreme Court student expression cases and the legal principles they established

· What constitutes a true threat?

· The circumstances under which student Internet expression can be curtailed

· The conditions under which student clubs can meet in public schools

· Types of student attire that can be barred in public schools and explain why

· What legal grounds can be used to challenge student classifications based on race, ethnicity, national origin, sex, sexual orientation, gender identity, age, and ability

· Services under IDEA versus Section 504/ADA

· Six key principles of IDEA

· Manifestation Determination Review procedures including the ten-day rule

PART III:

· Read the situation below and answer the discussion questions.

SITUATION: Expulsion for Assault of a Student

Larry Smith, principal of Farley Middle School in an upscale community in the Northeast, recently recommended to his superintendent that a student, Susan Brown, be expelled for the remainder of the year for various acts of misconduct, including disrespect of authority and physically attacking a student who refused to loan her money.

Discussion Questions (Please respond with a minimum of 3 sentences):

1. What type of evidence is needed to sustain a recommendation of expulsion?

2. Outline a legally defensible procedure that should be followed in this situation, including the rights to which Susan is entitled.

3. If the student’s parents challenge the expulsion, how do you think the courts would respond to the procedure you outlined?

4. Provide a rationale for your response to question 3.

5. How does expulsion differ from suspension with respect to due process consideration? (Be specific.)