Discipline in the Public School

Assignment 1 Discipline in the domain Schools Patricia Williams Dr. Sonya S. Shepherd EDU 520 direction and the Law July 22, 2012 Every child and young soul has a right to an education. Along with those rights bookmans, have the responsibilities to follow rules. If rules get broken cultivates can impose punishments to pronounce to correct the behaviors from happening again. Schools must let the scholarly persons be able to voice their opinions on whether the punishment is fair.The usage of this paper is to examine three (3) current rulings about different types of discipline in earth shallows. side by side(p) summarize the cases and the court of laws decision for each case. Finally give an opinion whether for or against the courts decision and justify the position. Bethel School partition No. 403 v. Fraser Michael Fraser a student at Bethel advanced School made a manner of speaking in front of an assembly that was considered to be lewd. In reaction to the speech, he was suspend from school. Michael Fraser brought suit against the school in a U. S. istrict court, claiming that his prototypic Amendment right to freedom of speech had been violated. (Essex p. 51, 2012) The Supreme beg said Bethel gamey School officials in Washington did not violate the First Amendment by punishing Matthew Fraser for a campaign speech that was considered lewd. Both of the lower courts had control for Fraser because there was no disruption following the speech given in the school auditorium. Because it was a school sponsored activity, the Supreme Court said school officials had the right to punish the risque content of his speech.While students be afforded the First Amendment freedoms of speech and expression, they be still answerable for their actions when they are offensive to others. Matthew Frasers behavior was disruptive to the educational process. Fraser was in a public high school and at a school-sponsored activity. He was under the authority of the school, not standing on a street corner. Schools must have the authority to guide young people into healthy and satisfactory social forms of expression.Speech is limited even for adults, and no one can claim that high school students are adults. Fraser was not punished for the political nature of his speech, but rather for its sexual innuendo and obscenity. Hermitage School District v. Layshock In December 2005, Justin Layshock and three other high school students created fake MySpace profiles for their principal, Eric Trosch. The profiles included an official school portrait of Trosch and answers to the websites template questions for creating a profile.Many of the answers were derogatory and sexually explicit. One profile indicated that Troschs favorite movie was a pornographic film. Another indicated that Trosch liked to have sex with students and brutalize women. A third said that he kept a keg of beer at his desk at school, was on steroids, and smoked marijuana. School officials disc all overed the profile, and the school district suspended Layshock for 10 days, ordered him to finish high school in an Alternative Education Program, and forbid him from attending graduation.In Layshock, the court ruled for Justin Layshock, who was a 17-year-old senior when he created a MySpace profile delineation his principal as a big drinker, a smoker of a big blunt and a big steroid freak. The school had suspended Layshock, placed him in an alternative education program, despite his compartmentalization as a gifted student, and barred him from extracurricular activities. (ABA Journal)After the school district disciplined Layshock, he brought a federal lawsuit claiming that the schools punishment violated his First Amendment rights.In July 2007, the district court granted summary psyche to Layshock on his claim that that the schools punishment violated his First Amendment rights. The only school resource which Justin even arguably involved in creating the web parody was a ph otograph available to the public on the schools website which the student cut and pasted into his website. I think Justins behavior did not cause disruption in the school, because a school district does not have the authority to reach outside the schoolhouse to control student behavior.Justins actions were not related to any school sponsored event. Morse v. Frederick Joseph Frederick, a senior at Juneau-Douglas High School, unfurled a criterion saying Bong Hits 4 Jesus during the Olympic Torch Relay finished Juneau, Alaska on January 24, 2002. (Education and the Law Journal, p. 57) Fredericks attendance at the event was part of a school-supervised activity. The schools principal, Deborah Morse, told Frederick to put away the banner, as she was concerned it could be interpreted as advocating illegal drug activity. After Frederick refused to comply, she took the banner from him.Frederick originally was suspended from school for 10 days for violating school policy, which forbids adv ocating the use of illegal drugs. The U. S. District Court for the District of Alaska ruled for Morse, saying that Fredericks action was not protected by the First Amendment. The U. S. Court of Appeals for the Ninth Circuit reverse and held that Fredericks banner was constitutionally protected. In this case the principle jumped the gun and assumed that the word bong was referencing drugs and I think it did not. Fredrick even stated that that was words to try to get the television station to see their banner and a way to get on TV.I think he was telling the truth about missing to be seen on TV because crazy teenagers will say and do just about anything to be on TV so they can brag to their friends just to say they were on TV. I think that if all these cases were up to date, that they will re-evaluate the rulings now because you have so many people committing suicide over the words that people are saying whether it is on the internet or at their school. It is a dishonour that you d o have people that are doing cyber bullying and you cannot be sure of how the victims react, because they may retaliate.The world is ceaselessly changing and the words are being recognized as being hurtful. References ABAJournal. com Students Disciplined for Fake MySpace Profiles of Principals buy the farm 3rd Circuit Rehearing Cooper, Madeleine Arsenault. BONG HiTS 4 JESUS . . . IN CANADA? The Implications of Morse v. Frederick for Student bump Speech in the United States and Canada, Education Law Journal, Volume 18, Number 1, July 2008, 57. Essex, E. L. School Law and the Public Schools A Practical Guide for Educational Leaders. 5th ed. Boston MA Allyn and Bacon, 2012.