EACH DISCUSSION SHOULD BE AT LEAST 200 WORDS EACH AND HAS A REFERENCE. EACH REFERENCE SHOULD BE AFTER THAT PARTICULAR DISCUSSION QUESTION. I HAVE A LIST OF REFERENCES AT THE BOTTOM. PLEASE LABEL EACH DISCUSSION QUESTION WITH THE TITLE GIVEN. Topic 2
Miss Brigit
law.docxTopic 2: Discussion Question 1
Due process is required prior to an afterschool detention. Due process refers to a situation in which the rights of individuals are respected by state officials. In an afterschool detention, students receive adequate instructions before the detention. Students are also given reasons as to why they are receiving the afterschool detention. The rights of the students must be respected just as the rights of civilians are respected. Some students might be unable to serve the afterschool detention due to health issues. For example, the students should not be searched if they do not agree to the searches. The students can always say no if the school officials want to search them. Students need time to read for their exams. Teachers must recognize the right of students to education before the afterschool detentions. The afterschool detentions might also deprive students of their family time. An example of a case is Goss v Lopez. In this case, Lopez and his fellow students were suspended because of destroying the school’s property. It was ruled that the school had violated their due process. The students’ reputation might also have been damaged. In an afterschool detention, the due process should, therefore, be followed. This is because the rights of students could be violated by the school officials.
REFERENCES
Weinstein, S., & Wolfson, A. (2005). Toward a due process of narrative: Before you lock my love away, please let me testify. Roger Williams UL Rev., 11, 511.
Topic 2: Discussion Question 2
For a school seeking to suspend students with disabilities, the aspects of due process include holding an hearing within ten days if the student is not charged for hurting others, having drugs and/or weapons. The hearing is held to determine if it is the case. Those charged with being in possession of drugs or guns and other weapons are not guaranteed of the due process. Their cases are handled just the same as cases of other normal people.
Another aspect is the notification of parents of these students. The parent should be notified that their child is being suspended. They could be informed of the suspension either through emails, phone calls or a letter. The school must also explain the cause of the suspension and provide evidence to the parent. Another aspect is that the IEP team should be informed that the disabled student will receive school-wide discipline. However, the student still has the right to education. The school must, therefore, ensure that it provides education to the student even if it will be in another setting.
The conduct that led to the suspension of the student should not be a manifestation of their disability. The student will receive equal treatment with other children if it was not a manifestation of his/her disability.
REFERENCES
Know Your Rights: A Manual for Arizona Public School Students,” from the American Civil Liberties Union of Arizona.
URL:
http://www.acluaz.org/sites/default/files/documents/SRHFINAL.pdf
Topic 3: Discussion Question 1
Brown v Board of education eliminated racial segregation in public schools. This is because it abolished the doctrine of ‘separate but equal’. The separate schools violated the “equal protection clause” contained in the Fourteenth Amendment. The separation of students on the basis of their races made the black ones feel inferior. The Brown v Board of education, however, led to the abolishment of the separation based on race. The ruling was, however not enacted immediately.
The promise of Brown v Board of education is yet to be realized. This is because students are still demonstrating for an end to separation and inequality. For example, there were demonstrations by students in Brooklyn in 2015 as they demanded the end to separation and inequality in public education. In many districts, there is still separation based on race. In addition to separation, there is also inequality in the schools. Black students are the most affected by the inequality and separation in public schools. According to a New York Times article published recently, “More than half of the nation’s schoolchildren are in racially concentrated districts, where over 75 percent of students are either white or nonwhite.” Schools such as Charlottesville are racially segregated. Other schools in the district are also segregated geographically.
REFERENCES
“History of Brown v. Board of Education,” from the United States Courts website.
URL:
Topic 3: Discussion Question 2
Equality occurs when all people are treated the same. This means that they will be given equal access to educational resources, public transport and other public resources. In equality, those who are weak or those who need more resources than others are not given any special consideration. They are all treated the same irrespective of their skin color, income levels or national origin. On the other side, equity recognizes the need to give students the resources they need. Equity tends to allocate fewer resources to those who are rich and gives more resources to poor people. More vulnerable students in the society are given better treatment than those who are not vulnerable.
In public education, equality occurs when all students are treated the same. They are given equal resources and opportunities to study. Equity recognizes the differences amongst students such as the income of their families and their skin color. Students with a lot of needs are given assistance first.
An example of a case is the Serrano v Priest. In this case, the California School was found to violate the equal protection clause. This is because its finance system disadvantaged students who were from lower income districts due to the disparity in amount of funds given to the districts.
REFERENCES
Meese, E. (2014). The Heritage Guide to the Constitution: Fully Revised Second Edition. Regnery Publishing.
Topic 4: Discussion Question 1
Students may express their religious beliefs in class discussions and engage in prayer in the classroom. However, this should only be done in accordance with the curriculum. Students have the right to engage in prayer. However, the prayer should not be coercive or disrupt school activities. Students can say a word of prayer in the classroom provided that they do not disrupt their peers. The word of prayer should not interfere with the rights of other students. They should, therefore, ensure that they do not say the word of prayer loudly.
If students to express their religious beliefs in class discussions, they may do so provided such views and beliefs are relevant in the discussions. Students may engage in religious discussions and give their views as long as they doesn’t interfere with other students’ rights to worship. The discussions should not result into religious harassment or disrupt the mission of the school.
An example of a case law is Engel v Vitale. In this case, the school sponsored a nondenominational prayer for students to recognize God. The school stated that attending the nondenominational prayer was optional for students. A parent sued the school arguing that it violated the freedom of worship. The court ruled that the nondenominational prayer violated the First Amendment.
REFERENCES
Beauchamp, M. (2000). Guidelines on religion in public schools: an historic moment. Religion & Education, 27(1), 14-19.
Topic 4: Discussion Question 2
All student-led religious groups do not have an absolute right to meet at K-12 schools. One of the limitations under the Equal Access Act is that the groups must be student-led. This means that the school may prevent non-student led groups from holding meetings in the school. Those who are participating in the meetings should do so voluntarily. The school or the student-led religious group must not force students to become a member.
The student-led religious groups, however, enjoy equal access to the facilities of the school for meetings. The groups are also given access to the school media. These include public address systems and bulletin boards. Student-led religious groups must ensure that they respect the rights of other students. For instance, preaching loudly would be prohibited during their meetings. This is because other students might be distracted by the noise. The groups should also refrain from forcing other students to become members.
A teacher may not sponsor the religious clubs. The teachers may also not promote or participate in the meetings of the student-led religious groups. The only duty of teachers is that they may monitor the club meetings. Teachers are allowed to monitor club meetings to ensure that they comply with EAA provisions.
An example of teacher participation occurred when Ms. Lake joined a student-led group in Pines Middle School to pray with them. This was not permissible.
REFERENCES
Beauchamp, M. (2000). Guidelines on religion in public schools: an historic moment. Religion & Education, 27(1), 14-19.
Topic 5: Discussion Question 1
The group of students who were bullied with racial and ethnic slurs should report the matter to the school management. If the school doesn’t respond or if the bullied students are not comfortable with the staff, I would ask them to file a complaint with the school district. They can also file an OCR complain for with the Educational Department for civil rights. All students have a right not to be bullied. The bullying on the basis of skin color and race violates the discrimination laws and civil rights of these students. These students can, therefore, sue the other group of students for violating the discrimination laws. The bullied students would need to be encouraged to feel safe.
For the group that bullied the other students, I would ask them to stop bullying their fellow students. I would also tell them to be conversant with the discrimination laws provided by their schools. Issuing racial and ethnic slurs amounts to racial discrimination and interferes with the civil rights of those who are bullied. The national flags represent pure speech. They should have allowed the students to hold their national flags. The Title VI of the Civil Rights Act of 1964 is against any discrimination on the basis of race or color. It also prohibits discrimination on the basis of national origin. An example of such a case is tinker v Des Moines Independent Community where students wore black armbands.
REFERENCES
Bauman, S., & Meter, D. (2019). Cyberbullying in Schools. Cyberbullying in Schools, Workplaces, and Romantic Relationships: The Many Lenses and Perspectives of Electronic Mistreatment.
Topic 5: Discussion Question 2
If I confiscated a phone with sexually inappropriate messages, I would consider turning it to the district attorney. This would lead to filing charges against the person who owns the phone. However, the district attorney could fail to respect the student’s right of speech. The best option would be to report the student to his/her parent or the school administration. This is because both parents and schools are tasked with instilling manners to the students. They should, therefore, not be sharing sexually inappropriate messages.
Before forwarding the case to anyone, I would first examine the message to know whether or not it violates or disrupts the mission of the school. I would also analyze it to determine whether it promotes illegal activities in the school. It would be good to check if it publicly displays “sexually explicit” material. If the message does not disrupt the school’s mission, I would not forward it to anyone. However, I would forward it if it disrupts the school’s mission. If it promotes illegal activities for school-sponsored activities, I would also forward it to the school’s administration.
I would also examine the information to establish whether or not it constitutes obscene material like child pornography. If the message does not violate any rules, I would be willing to protect the child’s freedom of speech and expression. An example of a case is Tinker v Des Moines School District whereby the students had the right to wear black armbands. This was their freedom of expression.
REFERENCES
v Frederick, M. (2007). 551 US 393. Retrieved September 26, 2012.
Topic 6: Discussion Question 1
Arizona struggled prior to becoming a state. The president did not support direct democracy. Some modifications made to Arizona’s constitution included recalling the judges and declaration of rights. The Arizona residents had their rights declared in the constitution. The progressive movement was aimed at having better leadership whereby the Arizona citizens would have more say in the government. President Taft was against election of judges as he argued that it would to exposure of people’s rights to tyranny.
The progressive movement was aimed at removing corrupt leaders from positions of power and to eliminate problems brought about by urbanization and industrialization. The judges who were elected by the public seemed to be inefficient, however. The progressive movement also mobilized the ballot initiatives. This is because the citizens acquired a voice in the government and would sign proposals to become laws. The progressive movement was responsible for empowering the citizens. The progressive movement was aiming at attaining direct participation in government by the citizens.
The initiative was useful to enact the legislation. The laws which were passed by the legislature would also be blocked by the citizens. Officials could also be removed or recalled from office. These included any judges who underperformed.
REFERENCES
Hays, S. P. (2015). Conservation and the gospel of efficiency: The progressive conservation movement, 1890–1920 (No. 40). University of Pittsburgh Press.
Topic 6: Discussion Question 2
Whereas the US constitution is a result of national legislation, the Arizona constitution is state legislation. The Arizona constitution only applies to the residents of Arizona, but the US constitution applies to all American citizens including the residents of Arizona State.
For the US government, the judicial branch has the Supreme Court and federal courts. The highest US judicial body is the Supreme Court. There are various district, state and local courts. The Arizona judicial system has the Supreme Court, the superior court and the court of appeal. The appointment of judges in Arizona is done on a merit basis by the governor. A special committee is, however, appointed to examine those who fit to be judges by the governor.
The highest judicial body in US is the Supreme Court. In Arizona, the Supreme Court is the highest in the state. The congress is the US’ national legislature. Arizona has the bicameral legislature instead. Whereas the US has 100 senators in the congress, Arizona only has 30 senators. The House of Representatives in the US are 435 while the representatives in Arizona are 60 in total. The US constitution was adopted in 1787 while the Arizona constitution was adopted in 1912.
REFERENCES
Leshy, J. D. (2018). The Making of the Arizona Constitution. Ariz. St. LJ, 20, 1.
