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. School Locker Inspection, Vice Principal Vicky was in her right to search Stew Starr’s locker and car using reasonable cause according to Supreme Court Case of 1985 New Jersey v. T. L. O. , although the Fourth Amendment prohibited searches, only reasonable cause was necessary. This also covers her finding of the AP Calculus exam answer sheet.
Continuing with reasonable cause, Vice Principal Vicky has authorization to administer a random drug test according to school policy and state law which is recognized by Supreme Court ruling Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, 536 U. S. 822 (2002). In regards to Vice Principal Vicky’s inappropriate and unprofessional comment, about Principal Pete a letter of reprimand would be issued. In conclusion, Vice Principal Vicky’s request on the consequences of Stew Starr’s actions may or may not be upheld to the exact suggestions.
The determination and ruling would come from the school board, although he will be punished according to school policies and guidelines, legal action may not be entirely upheld. Question 2 With regard to Tammy Underwood and her religious beliefs she is protected under the First Amendment exercising her right for freedom of religion. Tammy Underwood was only demonstrating a family tradition that was within right, according to the assignment given by Mr. Mustard. Nowhere in Mr. Mustard’s directions did he state that religious traditions cannot be utilized for the assignment.
Because of him quickly stopping Tammy from continuing, other students engaged in derogatory activity towards Tammy’s religion. In accordance to the Religious Freedom Restoration Act of 1993, this law made it more difficult for state and local governments to limit an individual’s free exercise of religion. Also, in the decision of Cheema v. Thompson students were able to wear religious attire as a way of expressing religious beliefs. As long as students are not soliciting their own personal religious beliefs to other students, such activity is acceptable according to the First Amendment.
The training program for ensuring that all staff members are educated and fully engaged in appropriate religious activities that students may participate in would include the following: a training curriculum which includes definitions, descriptions, and examples of various religious beliefs. Continuing with a model of appropriate behavior towards students and their religious beliefs, the training program will also include situational role play that demonstrates both positive and negative examples of the interactions amongst staff and students, and students and students.
Most importantly, a clear communication of all applicable, federal and state laws with regard to freedom of religion and its rights to be exercised will be administered to all staff and students. All in all this will help facilitate a positive and safe learning environment, along with a school district that values diversity, embraces all religions, and is culturally sensitive to all those who participate.