March 11, 2010 NHSBA School Law Digest

March 11, 2010

NHSBA SCHOOL LAW DIGEST
SCHOOL LAW SUMMARIES FOR SCHOOL BOARD MEMBERS

Hello To All- Here's the latest edition of the new NHSBA School Law Digest. As you will read, this edition contains several legal articles that have both national- and New Hampshire- significance. Where applicable, we have noted specific New Hampshire impacts/references. We hope you enjoy reading it! As always, we appreciate your comments.

Best wishes-
Ted Comstock, NHSBA Executive Director

School official's search of student's vehicle on school grounds based on reasonable suspicion was constitutional.

The New Jersey Supreme Court has ruled that school officials need only have "reasonable grounds," rather than "probable cause" in order for the official to legally search of a student's vehicle parked on school property.

Acting on a report that a student was suspected of being under the influence of drugs, an assistant principal questioned the student, who admitted to the drug use and said he received a pill from a second student. The assistant principal then questioned the second student. A search of the student's person turned up three capsules, but no pills like the one the other student took. The assistant principal informed the second student that he intended to search his car, which was parked on school grounds. The search netted several containers of what appeared to be drugs and drug paraphernalia. A school resource officer took control of the items and transported the student to the police station, where he was charged with multiple counts of drug possession with the intent to distribute and possession drug paraphernalia.

Both the trial court and appellate court held that the search of the student's car was entirely reasonable.

The New Jersey Supreme Court affirmed. The issue was whether the probable cause standard or the lesser reasonable suspicion standard should govern the search of student vehicles on school property. The New Jersey Supreme Court stated: "Indeed, the need for school officials to maintain safety, order, and discipline is necessary whether school officials are addressing concerns inside the school building or outside on the school parking lot." It concluded that while "students have just as strong a privacy interest in their person as they do in the contents of their automobile; despite that expectation of privacy, we apply the reasonableness standard to the search of a person."

NHSBA Application: NHSBA Sample Policy JIHB relates to searches of automobiles on school property. This sample policy reiterates the legal standard, allowing school officials to conduct a search of a student's automobile on school grounds if the official has reasonable suspicion to believe that a violation of school rules or policy has occurred. NHSBA categorizes this sample policy as Recommended.

Rhode Island School Board Fires Entire Teaching Staff at Under-performing School.

In a story that has national implications, a Rhode Island school board has voted to fire its entire teaching staff at a habitually under-performing school. The firings including all teachers, guidance counselors, physical education instructors and the principal. Their employment will be terminated effective at the end of this school year.

The decision by the Central Falls School Board to terminate the teaching staff at the end of this school year came after the federal government gave the district four choices: (1) close the school; (2) have the school convert to a charter school; (3) follow a transformation model,
including longer school days; and (4) fire all the teachers at the end of the year, known as a "turn around plan."

The local teachers' union rejected the transformation model and longer school day, insisting the two sides work out additional pay for the longer work hours. After the teachers' rejected the transformation model, Superintendent Dr. Frances Gallo chose to terminate the teaching staff. The school board supported her decision. In subsequent days, the Rhode Island Commissioner of Education signed off on the school board's decision.

The school district has been one of Rhode Islands worst performing schools for years, ranking in the lowest 5 percent of Rhode Island's schools and having chronically poor performance and low graduation rates.

As of the date of this article, news reports have stated that the teachers' union has show a willingness to cede its stance on working longer school days and has begun negotiations with the school district.

NHSBA Application: On March 9, 2010 the Union Leader ran an article listing New Hampshire's lowest performing schools, as ascertained by the New Hampshire Department of Education. The DOE report listed twelve schools in New Hampshire deemed "persistently low-achieving schools." Due to their repeated low performances, these schools qualify for federal grant money aimed at improving student performance. As a condition of receiving this federal grant money, these schools must choose one of four rehabilitative options mentioned above, one of which includes firing half their teachers or their principals. Manchester Superintendent of Schools Tom Brennan indicated that the administration plans to work closely with the DOE to ensure that all the grant requirements are followed. He also stated that the district was currently trying to put together a strategy as to which of the four rehabilitative options would best suit students' needs.

Survey Finds Sharp Drop in Student Bullying.

A recent study funded by the United States Department of Justice found a significant decline in the number of students who have reported being physically bullied.
Researchers compared data from a 2003 study against data from a 2008 study and found that reports of physically bullying among students dropped from 22 percent to 15 percent. The 2003 study involved 2000 students, while the 2008 study involved 4000 students. School board anti-bullying programs and awareness were cited as a leading cause for the decline in student bullying. The study indicates that the most noticeable declines in violence and bullying were among children from low-income households.

The study also found drops in sexual assaults and emotional abuse by caregivers. It found slight increases in dating violence, robbery targeting children and the witnessing of violence among other family members.

NHSBA Application: Locally, student bullying and harassment has been a pertinent topic, as the New Hampshire Legislature is currently considering significant and extensive changes to the state's bullying statute, RSA 193-F. NHSBA fully anticipates these changes will become law by the beginning of the next school year. The proposed legislation, HB 1523, greatly broadens the definition of bullying. The bill also contains numerous criteria and elements that must be included in local school board policies.

Maryland teacher to apologize to student for reprimanding her for refusing to stand for Pledge of Allegiance.

A Montgomery County Public Schools (MCPS) teacher has agreed to apologize to a middle school student who the teacher reprimanded and sent to the office for twice refusing to standing during the pledge of Allegiance. According to a lawyer with the American Civil Liberties Union of Maryland, the unidentified student was embarrassed and humiliated after the teacher called a school security officer to escort her to the counselor's office. A Montgomery County schools spokesman confirmed that the issue is being resolved. The middle school's acting principal sent a letter home with students explaining the situation and how the school is addressing it. In addition to an apology, the mother of the girl was told that the teacher, who has not been identified by either side, and school administrators plan to lead the girl's class in a discussion about the incident and their constitutional rights.

The incident began January 27, when the girl did not stand for the Pledge of Allegiance during her first-period class. The teacher demanded that she stand, and when she did not, he ordered her to leave the classroom and stand in the hallway. He threatened to give her detention and sent her to the counselor's office, where she stayed for the entire first period. The District's student handbook contains a section about "Patriotic Exercises" that reads: "You cannot be required to say a pledge, sing an anthem, or take part in patriotic exercises. No one will be permitted to intentionally embarrass you if you choose not to participate." The teacher's actions were a clear violation of the school's regulations, which are based on state law, school spokesman Dana Tofig said. Source: Washington Post, 2/25/2010