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School privacy essay
How should society balance safety and privacy in schools
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Ideally schools in the United States are considered by both parents and students alike to be “safe-havens” where parents can trust their children to learn and remain safe during the day and where students can feel safe in a well-maintained learning environment. However within this fully regulated government service, there are often debates over proper classroom environments, teaching tactics, and privacy issues. Today the main privacy issue in public schools is where to draw the line between keeping the school safe and maintaining the privacy of the students (Boomer par. 19). Searches and seizures in schools are not recent issues; however they are becoming more public now than in recent years. The Bill of Rights covers searches and seizures …show more content…
One major Supreme Court case took place in 1984 and focused on the issue of searches in schools. The case, New Jersey vs. TLO, began after a teacher found students smoking in a school bathroom. After denying the charge, a school administrator demanded to see a students’ purse in which he found cigarettes and marijuana (Search and Seizure 596). After traveling through each of the courts under the U.S. Supreme Court and finding two cases in favor of the search and one against, the case finally went to the United States Supreme Court where the case was debated. The court found that the Fourth Amendment does apply to school searches in which school officials act as state agents enforcing school policies and state statues (Raskin 127). Lamorte explains how schools are trying to establish the “proper balance between an individual student’s right to Fourth Amendment protection from unreasonable search and the duty of the school officials to provide all students with a safe and secure school environment” (Lamorte …show more content…
17 Oct. 2007
This decision makes it clear the most important thing for a school to do is to protect the students. It also states that the board of education, whose role is to oversee the schools, must make sure that the staff of the schools is protecting those children. This case highlights that long-term abuse can happen in schools if there are not clear policies or, if there are, that there is no one ensuring that those policies are
Decision : Reasonable standard held to be proper standard for determining legality of searches conducted by public school officials.
The Supreme Court had to decide on the question of, does random drug testing of high school athletes violate the reasonable search and seizure clause of the Fourth Amendment? According to the Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Privacy was once taken for granted in public education, but now through the 1974 law, Family Educational Rights and Privacy Act it is pushed to the forefront of the minds of every educator in the United States (Cossler, 2010). This law has paved the way for many lawsuits regarding privacy of student’s records, which have left teachers scared, undereducated and unaware of certain regulations of the law. FERPA laws provide protections for students, but also allow access of all student records to the student’s custodial parents, which in some situations has cause problems and in some cases have specifically brought clarifications of the law. Has the Family Educational Rights and Privacy Act provided the much needed privacy for students or created an overboard policies?
The first list of obligations in the Principles of Professional Conduct for the Education Profession in Florida contains 9 rules that has involved with the educator and their students. They involve protection, safety, restrains, points of view, learning subjects, embarrassment, legal rights, harassment, discrimination, relationships and personal information. Many of these rules are important for an educator to r...
Daggett, Lynn M. "Book 'Em?: Navigating Student Privacy, Disability, And Civil Rights And School Safety In The Context Of School-Police Cooperation." Urban Lawyer 45.1 (2013): 203-233. Web. 26 Mar. 2014.
Reid, Herbert O. “The Supreme Court Decision and Interpretation.” The Journal of Negro Education 25.2 (1956): 109-117.
Brown, Frank the Journal of Negro Education, Vol. 73, No. 3, Special Issue: Brown v. Board of Education at 50 (summer, 2004), pp. 182-190.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” –U.S. Constitutional Amendments
The request for an injunction pushed the court to make a difficult decision. On one hand, the judges agreed with the Browns; saying that: “Segregation of white and colored children in public schools has a detrimental effect upon the colored children...A sense of inferiority affects the motivation of a child to learn” (The National Center For Public Research). On the other hand, the precedent of Plessy v. Ferguson allowed separate but equal school systems for blacks and whites, and no Supreme Court ruling had overturned Plessy yet. Be...
Pressman, R., & Weinstein, S. (1990). Procedural Due Process Right in Students discipline. Cambridge , Massachusetts: Center for Law and Education.
Cozzens, Lisa. "Brown v. Board of Education." www.watson.org. N.p., 29 Jun 1998. Web. 24 Oct 2011. .
It was irrational for these students to be suspended from the school. The high school students named John F. Tinker, who was fifteen-years-old, John’s younger sister Mary Beth Tinker, who was thirteen-years-old, and their friend Christopher Eckhardt, who was sixteen years old, should not have been suspended. They were under the protection of the First Amendment. The parents of those students sued the school district for violating the students’ right of expressions and sought an injunction to prevent the school from decupling the students. The Supreme Court of the United Sates stepped in and the question of law was if. They ruled in the favor of the Tinker’s because it was in a seven to two decision "Tinker V. Des Moines Independent Community School District."
It’s important not to overlook the fact that young people’s privacy is equally as important as anyone else’s. The fact that they’re young students increases the need for student privacy, as our minds can be more vulnerable and fragile. Privacy can ensure feelings of safety and comfort. The first and one of the most important reasons locker searches shouldn’t be conducted is because of how it affects student trust. When students are informed their lockers can be searched at any time, it may give them the impression that they’re not trusted and are doing something wrong, even if that student is completely innocent.
Herndon, Peter N., comp. The Constitution, Censorship, and the Schools: Tennessee V. John Thomas Scopes. 1997. Yale University. 31 Mar. 2008 .