Student Privacy

[BOR]

OK, I see where you are going with this. And you're right. There has to be suspicion that the student is in possession of something threatening, like a gun or drugs. Then, the school has reasonable suspicion to search what is on school property.

The reason I know about TLO from years ago is I had a Teacher friend and I wanted to impresss her with my school law knowledge, ha!! It sort of worked!

As a matter of fact out of curiousity one boring day, I wnet to the law library and looked up the whole set of cases, from the NJ appeals court to the NJ SC to SCOTUS.


The Lawyers edition, L.Ed. of the SC digests is the best because they outline the law, as opposed to the SC reporter an U.S. reports.

By the way, I did not mean to seem snippy, just stating my opinion.

 

[Humusluvr]

The reason I know about TLO from years ago is I had a Teacher friend and I wanted to impresss her with my school law knowledge, ha!! It sort of worked!

As a matter of fact out of curiousity one boring day, I wnet to the law library and looked up the whole set of cases, from the NJ appeals court to the NJ SC to SCOTUS.


The Lawyers edition, L.Ed. of the SC digests is the best because they outline the law, as opposed to the SC reporter an U.S. reports.

By the way, I did not mean to seem snippy, just stating my opinion.

That's cool, I appreciate having the case law. I think it's impressive, and I'm surprised I didn't learn it in my Ed Law course. Maybe I was asleep that day (the prof was rather dry). Ha

 

[BOR]

That's cool, I appreciate having the case law. I think it's impressive, and I'm surprised I didn't learn it in my Ed Law course. Maybe I was asleep that day (the prof was rather dry). Ha

Ed law, you studying to be a school teacher? Best wishes.

Here is one for you, when studying school law, one of the 1st cases I came across was Horton v. Goosecreek, where the court ruled a dog sniff of lockers was NOT a search. I think it was a TX case from the 80's??

 

[bobbybats]

From the original post, it sounded like the threat was against a specific teacher. That's not in a Saw movie. That's a threat, and should be taken seriously. It was even "I'm gonna kick your butt." It was "I'm going to kill this teacher."

quote OP "he wrote a small bit about how he wished to kill a teacher."

not quite "I'm going to kill this teacher."

 

[Humusluvr]

Ed law, you studying to be a school teacher? Best wishes.

Here is one for you, when studying school law, one of the 1st cases I came across was Horton v. Goosecreek, where the court ruled a dog sniff of lockers was NOT a search. I think it was a TX case from the 80's??

Actually, Ed Law was part of my Masters in Educational Administration. I taught ten years. Now, I'm at a University, studying Curriculum and Instruction. As you can imagine, I like to read.

And I like the law. I should have gotten a law degree, it pays much better than my University salary.

 

[BOR]

Actually, Ed Law was part of my Masters in Educational Administration. I taught ten years. Now, I'm at a University, studying Curriculum and Instruction. As you can imagine, I like to read.

And I like the law. I should have gotten a law degree, it pays much better than my University salary.

I have 20 years of education.

I graduated 10th grade twice, ha!!


My Major was Criminal law, and have since attempted to keep up with it, and Constitutional law in general.

 

[You Are Guilty]

My Major was Criminal law, and have since attempted to keep up with it, and Constitutional law in general.

Sort of OT, and a bit outdated (they usually update the numbers every 4-5 years or so; this is the last full report I have access to), but you might get a kick out of this:
http://walkerd.people.cofc.edu/Students/GradSchool/lsat.pdf

Here's an earlier version from the late 90s:
http://www.economics.siuc.edu/documents/testscores.pdf


(For the record, I did outscore the average for my major. Significantly )

 

[CdwJava]

quote OP "he wrote a small bit about how he wished to kill a teacher."

not quite "I'm going to kill this teacher."

It almost certainly listed a particular teacher by name.

Now, some might say the teacher over-reacted, or that if the school takes action they over-reacted. However, the school district and the police in Columbine and additional incidents in the years after got sued because they were accused of failure to take action. It is a "damned if you do, damned if you don't" situation for the school and the authorities.

From my time as an SRO I have to say that binders and noteboooks were outstanding sources of intel, and it takes very little to justify the seizure of such. It does not take a violation of the law to justify a search of a notebook by school staff or the SRO, only a violation of school policy. Look at the binders of some kids ... you will often find sexual commentary, derogatory commentary, gang signs/statements/images on them, etc. It takes very little to justify the search of a binder or notebook by a school official, only reasonable suspicion that a law or policy has been broken.

In this case, there is no evidence to suppress and a crime is not likely to be alleged ... but, the school and the police would be remiss if they did not investigate the threat and take it seriously. If they were to ignore it, and the child later acted on it, they'd be having to write a big check whether they really should be seen as liable or not. Even when you have a good case and can win at trial, forking out hundreds of thousands of dollars is the norm.

 

[cbg]

The high school in my town narrowly avoided a Columbine-type instance when the list of names of students and teachers who had been targeted was found in advance of the planned attack.

If the attack had actually taken place, I wonder how the student's privacy rights would then have been viewed? What takes precedence, the right to privacy or the community's right not to have teachers and/or students shot in the school?