Case Study #16

Freddie Watts, principal, and Jimmy Smith, assistant principal, are African American administrators assigned to administer a predominantly black high school. Ann Griffin, a white tenured teacher, during a heated conversation with the two administrators stated that she "hated all black folks." When word leaked on her statement, it caused negative reactions among colleagues both black and white. The principal recommended dismissal based on concerns regarding her ability to treat students fairly and her judgment and competency as a teacher.
1. Is Watts justified in his recommending Ann's dismissal? Why or why not?
2. Is the principal overreacting to Ann's statement? Why or why not?
3. Does Ann's statement establish a basis for dismissal? Why or why not?
4. Can Ann make the case that her statement was a private statement that does not give rise to serious disciplinary action? Why or why not?
5. As principal, would you have made a similar recommendation for dismissal? Why or why not?
6. How do you feel the court would rule in this case? Provide a rationale for your response.

Case Study #15

Tom Davis is a newly appointed principal in a small conservative community. He has just been assigned Mark Scott, a dynamic, energetic seventh-grade math teacher. Davis later learns that Scott and his girlfriend are living together. The principal is informed of this by a group of parents who are outraged that Scott is setting a poor example for young children. They are upset and are calling for action. Davis talks with Scott, who does not deny that he and his girlfriend are living together. He further informs Scott in a very professional manner that what he does in his private life is his business.
1. Is Tom justified in approaching Mark on personal and private matter? Why or why not?
2. How does Davis handle this situation with Scott?
3. Does the principal have a right to infringe on a teacher's private life? Why or why not?
4. Outline a plan to resolve this situation.
5. Would the courts likely support your plan of resolution? Explain.

Case Study #14

Joe Price, a teacher in an affluent high school, reviewed the educational records of one of his students and discovered some very confidential information that he shared with another teacher during their break in the teacher's lounge. Because the other teacher had not personally accessed the information, she felt comfortable sharing this information with another colleague.
1. Is there a risk in sharing confidential student information with a colleague? Why or why not?
2. What legal options might the student exercise in this situation, and under what circumstances might these options be pursued?
3. What is Price's defense if challenges about his divulging this information arise?
4. How might the courts rule in this case if a legal challenge arises?
5. What advice would you provide for teachers regarding sharing confidential information to a second or third party?

Case Study #13

Bernice Evans, mother of a 12-year old daughter, sued the board of education for releasing information regarding her daughter's medical condition to a local newspaper reporter. The newspaper article referred to a 12-year old female hermaphrodite with severe emotional and behavioral problems. School board members asserted that they were simply attempting to explain why the district needed to expand emergency funds to meet the needs of students with special problems. They further argued that the information did not personally identify the student because no name was revealed to the reporter.
1. Did the school board err in releasing this information? Why or why not?
2. Does Mrs. Evans have a valid claim? Why or why not?
3. Does the school board have a defensible basis for revealing the information? Why or why not?
4. How does the Family Educational Rights and Privacy Act apply in this case?
5. How do you think the court would rule in this case?
6. Provide a rationale for your response.

Case Study #12

Ray Knight, a middle school student, was suspended for three days due to unexcused absences. Although school district procedures required telephone notification and a prompt written notice by mail to his parents, the school only sent a notice by the student, who threw it away. Thus, Ray's parents were unaware of his suspension. During the first day of suspension, Ray was accidentally shot while visiting a friend's house.
1. Where should fault lie in this case?
2. Do Ray's parents have defensible grounds to pursue liability charges against school officials? Why or why not?
3. How would failure to follow required district procedures factor into this case?
4. What factors would determine whether Ray's parents are successful in their suit?
5. How do you feel the court would rule in this case? Give a rationale for your response.

Case Study #11

Three elementary teachers are assigned to supervise the children who are playing on the playground. There are approximately 100 children engaged in a number of playground activities. Since these teachers do not have much opportunity to chat with each other during the school day, all of them decide to bring chairs to the playground and engage in conversation while observing the children. During this time, one child sustains a serious injury when he is struck by a rock thrown by another student.
1. What is the legal issue in this situation?
2. Who is responsible for this incident?
3. Can all three teachers be held liable? Why or why not?
4. How do you think the court will rule in this case? Give a rationale for your response.
5. Develop a set of guidelines regarding playground supervision.

Case Study #10

Linda Collins was employed as a substitute teacher for Walnut Grove High School in a mid-size industrial city. She generally substitutes fifteen to twenty days per month at various schools in the district. On the day she substituted in a shop class, one student was sexually assaulted by another student behind a portable chalkboard. Parents of the assaulted child filed a suit against the school district.
1. Is a substitute teacher held to the same standard as a regular teacher? Why or why not?
2. Does sexual assault of a student by another automatically result in liability? Why or why not?
3. What factors would determine whether liability claims are valid?
4. How would the court likely view this case, based on the factors you identified in question 3?
5. Defend your response regarding the court's position in this case.

Case Study #9

Brent Thomas, principal of Homewood High School, located in a very affluent community, recommended and received approval to hire George Banks as his new physical education teacher. George organized the first hockey program for the school. Students who wanted to participate were required to undergo a physical examination and submit a written permission slip from their parents. One day during practice, Ricky Watts, a 14-year old student, sustained serious injuries to his mouth and jaw when he used an improper technique to block the hockey puck. His parents were upset and filed liability charges against the principal and coach.
1. What factors would determine whether the principal may be liable?
2. What factors would determine whether George Banks is liable?
3. Can either Thomas or Banks successfully use the defense of assumption of risk to avoid liability charges? Why or why not?
4. Develop a set of defensible guidelines governing supervision of competitive athletic activities.

Case Study #8

Debbie Young is a seasoned high school principal. She served as a special education teacher and an assistant principal in a progressive, affluent school district in the south. She is approached by the parents of a severely disabled tenth grade student, Johnathan, requesting that a full time nurse be provided under the label of "related services". Johnathan has multiple disabilities requiring constant care by a specially trained nurse. He is profoundly mentally disabled, has spastic quadriplegia, and has a seizure disorder. Young refuses the parents' request due to extraordinary expense and a view that the school is not the most appropriate placement for Johnathan.
1. Is Young's decision defensible? Why or why not?
2. Is the parents' request reasonable under the law? Why or why not?
3. Is the provision of a nurse a related service if it is necessary for Johnathan to receive an appropriate education? Why or why not?
4. How do you think a court would rule in this case? Provide a rationale for your response.

Case Study #7

David Sterns is a first year principal of a middle school in an upper class community in the eastern part of the United States. The district has an outstanding reputation for its academic programs. Sterns admittedly is not as familiar with all issues involving disabled students as a more experienced administrator might be. The parents of a moderately mentally retarded student requested that their daughter be placed in the regular classroom on a full time basis. Sterns was only willing to place her in regular education classes for nonacademic subjects and into special education classes for academic courses. The parents are upset with his decision.
1. Is Sterns justified in his decision? Why or why not?
2. Is the request by the parents a reasonable one? Why or why not?
3. What does special education law suggest with respect to inclusion?
4. How would the law apply in this case?

Case Study #6

A large high school in the northeastern United States initiated a policy prohibiting the wearing of gang symbols such as jewelry, emblems, earrings, and athletic caps. This policy was developed based on gang activities that were prevalent in the school. Bill Foster, who was not involved in gang activity, wore an earring to school as a form of self-expression and a belief that the earring was attractive to young ladies. He was suspended for his act. Consequently, he filed suit.
1. Were Bill's freedom of expression rights violated in this case? Why or why not?
2. Was his suspension justified? Why or why not?
3. Should Bill have been permitted to wear the earring, since he was not involved in gang activity?
4. As principal, what factors would you weigh in determining whether Bill would be permitted to wear an earring? (Be specific.)
5. Would the court support the school officials? Why or why not?

Case Study #5

Larry Smith, principal of Farley Middle School in an upscale community, recently recommended to his superintendent that a student, Susan Brown, be expelled for the remainder of the year for various acts of misconduct, including disrespect for authority and physically attacking a student who refused to loan her money.
1. What type of evidence is needed to sustain a recommendation of expulsion?
2. Outline a legally defensible procedure that should be followed in this situation, including the rights to which Susan is entitled.
3. If the student's parents challenge the expulsion, how do you think the courts would respond to the procedure you outlined?
4. Provide a rationale for your response to question 3.
5. How does expulsion differ from suspension with respect to due process consideration? (Be specific.)

Case Study #4

Johnny Williams, an eighth grade student, has a history of misbehavior in your school. You finally reach your level of tolerance and suspend him for five days.
1. What type of due process is Johnny entitled?
2. Outline the procedure you would follow in handling this situation.
3. What are the administrative implications of this situation?

CASE STUDY #4 CAN ONLY BE REPLIED TO BY CARL.

Case Study #3

Bruce Johnson is a first year principal at Atwood Middle School in an urban district. One of his security guards spotted a student ducking behind a parked automobile in the campus parking lot. She was ordered to empty her purse, which contained several readmittance slips that she should not have had in her possession. The security officer telephoned Johnson and verbally informed him of the incident. Johnson told the security officer to initiate a thorough search of the student.
1. Was there a reasonable basis to initiate a search in this case? Why or why not?
2. Did the student's behavior give rise of the need to be searched? Why or why not?
3. Can reasonable suspicion be clearly established and justified in this case? Why or why not?
4. As principal, would you have handled this situation differently? If so, describe your approach. If not, defend your position.
5. How would the court likely rule in this case?

Case Study #2

Jim Robinson is a tenth-grade teacher. While walking down the hall, he spotted a suspicious object protruding from a student's pocket. He asked the student to empty his pocket, but the student refused.
1. Does the teacher have grounds to make such a request?
2. Does the student have a right to refuse to obey the teacher's request?
3. Should physical force be used to identify the object?
4. Would such a search using physical force be legal?
5. What guidelines would you suggest school personnel follow in matters involving student search in situations such as this one?

Case Study #1

A group of students in Cloverdale School has staged a protest regarding the general treatment of students by both teachers and the administration. They have camped out on the school lawn.
1. Under what conditions would such an action be considered legal?
2. Under what conditions would such an action be considered illegal?
3. What action should school officials take in both cases described in 1 and 2?
4. Write a set of defensible guidelines that should be followed by school personnel in dealing with student protests and demonstrations.