CJ 460 Exam 4

Juvenile Law & Administration Exam 4

Are student right absolute at school?

No, they have rights but not absolute

Do schools have complete power?

No, it’s the schools policy to enforce and maintain order and discipline when appropriate, but must be reasonable

In Loco Parentis

in place of parents

school authorities are acting in place of parents during the school day and can establish rules for order and discipline

must be reasonable, not unfair/excessive

Reasonableness of school rules

must be reasonably related to the mission of the school/educational objectives

schools and students differ in the concept of what’s reasonable/fair v. excessive

Common amendments pertaining to students’ rights

14th → due process and equal protection; procedural (process) and substantive (content) due process

4th → protection from unreasonable searches and seizures

8th → prohibition from cruel and unusual punishment

How does the school represent special needs in search and siezures

they have a duty to protect the student body and ensure educational mission is fulfilled

Searches and seizures in school

students have a reduced expectation of privacy while in school

they have a greater expectation on a public sidewalk

New Jersey v. T.L.O; Vernonia School District v. Acton; Pottawatomie County v. Earls

New Jersey v. T.L.O.

schools do not need probable cause or a warrant for a search

only thing school administrators need is reasonable grounds/suspicion to be valid under 4th amendment

but didn’t specifically address other types of searches

Strip searches

general rule → strip searches are valid based upon “reasonable grounds” set in T.L.O

higher risk = lower standard of proof v. lower risk = higher standard of proof

NO U.S.S.C decision

Searches involving LEO’s in schools

general rule → “outside officers” need probable cause/warrant to search students

schools may use LEO’s to do their job, but LEO’s CANNOT use school officials to do theirs

Locker and desk searches

general rule → school may inspect with or without individualized or reasonable suspicion (anytime and at random)

it’s school-owned property

NO U.S.S.C. ruling

Searches of things other than a locker/desk

general rule → PC needed for searches into personal containers and items

anything not school owned, ex. opening bags or other personal items

NO U.S.S.C. ruling

Drug testing of students

issue → is the intrusion of individual privacy (drug test) outweighed by the state’s interest in keeping drugs from schools

courts → drug testing is minimally intrusive; interest in maintaining drug-free school environment outweigh a student’s personal interest/right to privacy

Vernonia School District v. Acton

random, suspicionless, and mandatory drug testing of student-athletes is constitutional

rationale → there is a need due to increased drug use, disciplinary problems, and general threats

Pottawatomie County v. Earls

random drug tests of all students in extracurricular activites is constitutional

evidence of a drug problem is not needed to justify the policy

Rationale in Pottawatomie County v. Earls

this policy is a reasonable means of furthering the school’s interest in preventing/ deterring drug use and delinquency among students

What did the court say in Pottawatomie v. Earls

found testing was not overly intrusive, and that results are kept in confidential files and not turned over to authorities

Discipline in schools

many states have statutes permitting teachers to use corporal punishment to discipline in public schools

Baker v. Owen; Ingraham v. Wright

2 things schools need to administer corporal punishment

1) parents/students are made aware of corporal punishment as an option

2) if it’s going to be used, need 2 adults present (one carrying it out and one to witness)

Baker v. Owen

upheld school’s right to use corporal punishment

2 things schools need

Ingraham v. Wright

court held that neither the 8th or 14th amendment was violated by a teacher’s use of corporal punishment to discipline students

no notice of charges/hearing is required

Key principle in Ingraham v. Wright

schools rights to discipline should NOT be any more restricted than a parent’s right to discipline

In Loco Parentis

Ingraham v. Wright factors to consider

seriousness of offense; attitude/past behavior; nature/severity of punishment; availability of less severe methods

Free speech in school

schools have the right to control speech if it undermines the school’s ability to operate effectively

includes passive and active speech

When can schools infringe upon a student’s 1st amendment rights?

if the student’s undermine → 1) the educational mission of the school, 2) civilized body in the school, 3) safety of those within the school

Passive speech

protest messages; wearing symbols/clothes; no words

Tinker v. Des Moines Independent Community School District

Tinker v. Des Moines Independent Community School District

child is entitled to free speech in school under the 1st amendment

armbands protesting vietnam war

Active speech

actional language; gestures

Bethel School Dist 403 v. Fraser; Hazelwood School District v. Kuhlmeier

Bethel School Dist 403 v. Fraser

upheld school’s right to suspend/discipline a student who uses obscene or profane language or gestures

sexual metaphors/comments in a student council election speech

Hazelwood School District v. Kuhlmeier

court ruled that schools can censor information/publication that is designed to impart knowledge

paper for school newspaper on pregnancy (unwed) and parental divorce; name dropped people

School prayer

controversial issue involving free speech → is it a violation of separation of church and state; is it an infringement on the 1st amendment

Santa Fe Independent School District v. Jane Doe; Good News Club v. Milford Central School

Santa Fe Independent School District v. Jane Doe

held that prayers led by an elected student undermine the protection of minority viewpoints

prayer led by elected chaplin before a football game

Good News Club v. Milford Central School

required NY school district to provide a space for an after-school bible club

school allowed space for other clubs, so why not them

Emancipation

process by which a minor attained majority (adult) status in eyes of the law

removal of the disability of a minor → disability is the minors status (ex. inability to do things w/out the parents(s))

3 types of Emancipation

Express; Implied; Constructive

Express Emancipation

parents give written or spoken consent, agreeing with emancipation

Implied Emancipation

unspoken/no consent, but the way they are living denotes consent

ex. child living away from parents; financially stable; etc.

Constructive Emancipation

change of status in eyes of society, usually through marriage or joining the military

Rights minors receive when emancipated

sign binding contracts

obtain employment

keep their earnings

buy insurance

establish own residences

sue and be sued

Emancipation does not allow minors to evade:

school attendance laws; purchase of alcohol/tobacco laws; child labor laws/getting a job; marriage laws

some laws are based on age rather than status

Parents of emancipated minors

are no longer the minors’ guardians

have no obligations regarding school attendance

have no legal liability for minors’ actions

have no obligation to support the minor

have no right to minors’ earnings, support, or services

Emancipation procedures

minimum age varies → most states are 14-16, some are 17

it’s never presumed → require assertion of proof

Evidence judges may look it before granting emancipation

is the minor living independently from parents

can minor demonstrate an adequately managed and lawful source of income

are both the minor and parents voluntarily seeking emancipation

is the emancipation in the child’s best interest

Rescinding Emancipation

emancipation is not necessarily permanent

can terminate → 1) by request of parties; 2) implicitly or constructively by their actions (ex. moving back in with each other)

Judicial Bypass

minor girls have the right to petition the court to obtain an abortion without the consent of a parent or guardian

states still have the right to limit it

Parental Notification Statutes

when under the age of majority, most states require minors to 1) get consent from parents or 2) notify parents of the abortion; some require both

there is a waiting period between notice v. when it can be performed → consideration period

Requirements of the medical provider in Judicial Bypass

written consent; written materials describing procedure; lists of alternatives; counseling; etc.

Can another adult provide consent in a judicial bypass/notification statutes?

NO, unless that other adult is the guardian

Exceptions to Parental Notification Statutes

the ways a girl can receive the abortion w/out consent or notifying parents

rape and incest → very few states; many still require consent/notification

child abuse (physical) → still small; need clear and convincing evidence of abuse patterns (>50% and when notifying would be bad)

medical emergency → most states; save the girl first; vary in “level of danger”

Judicial Bypass Procedures

burden to prove falls on girl → clear and convincing

3 types → 1) mature/well informed enough to make decision; 2) when state has no abuse exception; 3) in best interest

Judicial Bypass Hearing

prompt assistance/quick execution

private, confidential

free to petitioner

How are judicial bypass hearings kept private?

Closed to the public w/ essential personnel, parents are not notified, and they are often called “Jane Doe hearings”

minor can also be referred to as “anonymous”

What public information can be released from a judicial bypass case?

Only a properly redacted opinion with identifying details remove

1) the girl is sufficiently mature and well enough informed to intelligently decide whether to have an abortion without notifying or obtaining consent of parents/guardians

things to consider to determine maturity → age; consultation; understanding of process; school performance; employment; relationship to baby daddy; relationship to her parents; birth control practices; sexual practices

2) One or both of the girl’s parents/guardian was engaged in a pattern of physical, sexual, or emotional abuse against her

can apply in two ways → 1) as an exception or 2) stand alone reason for petition

girl has burden to prove

statute requirements

3) notifying or obtaining the consent of the girl’s parents/guardians is not in her best interest

is the catch-all provision

ex. admitting she’s not mature, but do to home life needs it

Judicial Bypass Appeals

appellate process is like the initial hearing → 1) an oral argument that must be heard w/in 5 days after docketing and 2) entire process (trial → appeal) must be completed within a certain number of days

if not heard w/in 5 days, abortion is automatically granted