“‘Look inside a high school, and you are looking in a mirror, under bright lights. How we treat our children, what they see and learn from us, tell us what is healthy and what is sick and more about who we are than we may want to know (Gibbs, 1999).’”(Beger 119). Essayist and managing editor of Time Magazine, Nancy Gibbs tells the public of how unappealing public schools have become due to their carelessness and negligence. Consequently, schools have become power crazed institutions that punish students in the place of a parent. Thus, schools that operate in this manner have begun to scare the public, and it has brought forth court cases because schools searched students unconstitutionally. The Supreme Court of the United State should revise …show more content…
Redding became a starting case against unconstitutional searches of students where a girl had her backpack searched in the assistant principal 's office. After the official searched her bag, the school nurse’s office was her next destination, so the nurse and the administrative assistant could search her clothes and instructed her to shake out the elastic of her bra and underwear (Carpenter 86-87). The tragic part about this case is that it is not the first or final time a similar event has occurred. In the case of Jane Doe, “...or so she was called in this case…”, a student of a high school in Little Rock, Arkansas filed a case against her school (Dowling-Sendor 46). Dowling-Sendor tells of how the school regularly conducted searches of book bags and purses, and police officials would take any contraband found. Then any items found would become evidence for a prosecution (46). When school officials searched Jane’s bag, they recovered a container full of Marijuana, and its purpose was to convict Jane Doe on a drug misdemeanor charge. After being charged with this, Jane appealed to the 8th circuit because the District Court first dismissed her case. The court ruled in her favor in a two to one decision, claiming the search caused a violation of her rights. She had every reason to win because school officials search students at this school on a regular basis, and it is …show more content…
Keller High School principal, Jeff Bradley states, “’We want to take every precaution to keep drugs out’” (Engelland par 5). Bradley sent out letters to the parents of students of Keller informing them of the searches by drug dog. The dogs will search student’s lockers, parking lots, and the classrooms (Engelland par. 6-8). In another article, Mark Walsh addresses the impact that drug dogs have had on schools. He tells how under Florida’s Fourth Amendment understanding, police officers would be free to walk by a car or a student for example and instruct the dog to begin searching (Walsh 21). Walsh tells of how other cases involving dogs will affect schools because if it is permissible for a dog to walk up and sniff anyone that passes by this point in time police will be continually searching without a warrant. This would be a blatant disregard for the amendment against unwarranted searches and seizures (21-2). If this were to continue, dogs could eventually maintain a steady presence in schools, and this would impact schools significantly due to the fact that the police would not be required to leave. Police already hold a high presence, and drug dogs would highly increase police authority
In the case Morale v. Grigel, 422 F.Supp 988 (1976), the plaintiff James Morale, who is a student at New Hampshire Technical Institute, room was entered and searched by officials representing the dorm. There was no probable cause for them to enter his room, and while there they seized what they alleged to be “purple haze”. The court ruled that a check or search of a student's dormitory room is unreasonable under the Fourth Amendment unless NHTI can show that the search furthers its functioning as an educational institution. The search must further an interest that is separate and distinct from that served by New Hampshire's criminal law. Obviously, administrative checks of the rooms for health hazards are permissible pursuant to the school's
Facts: On November 2006 the Miami-Dade police department received an anonymous tip that the home of Joelis Jardines was been used to grow marihuana. On December 2006 two detectives along with a trained drug sniffing dog approached Jardines home. At the front door the dog signaled for drugs, as well as the detective who smelled the marihuana coming from inside. Detectives then wrote an affidavit and obtained a search warrant that confirmed the growth of marihuana in Jardine’s home. Jardines was then charged for drug trafficking. Jardines then tried to suppress all evidence and say that in theory during the drug sniffing dog was an illegal search under the 4th amendment. The trial courts then ruled to suppress all evidence, the state appellate courts then appealed and reversed, the standing concluding that there was no illegal search and the dog’s presence did not require a warrant. The Florida supreme court then reverse the appellate court’s decision and concluded that a dog sniffing a home for investigativ...
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
To begin, Mary Sherry discusses the corrupt school system that lingers. In her article, we obtain insight on how schools
... is one that a reasonable guardian and tutor might undertake.” And he concluded that given the mission of public schools, and the circumstances of this case, the searches required by the school board's policy were “reasonable” and thereby permissible under the Constitution's 4th Amendment.
In the article “Against School”, John Taylor Gatto urges Americans to see the school system as it really is: testing facilities for young minds, with teachers who are pounding into student 's brains what society wants. Gatto first explains that he taught for 30 years at the best and worst schools in Manhattan. He claims to have firsthand experience of the boredom that students and teachers struggle with. Gatto believes that schooling is not necessary, and there are many successful people that were self-educated. He then explains the history and importance of mandatory schooling. To conclude his article, Gatto gives his foresight for the future of schooling. Although Gatto has a well thought out argument for his opinion on schooling, he focuses
In the text, The Death and Life of the Great American School System, author Diane Ravitch explores her ideological shift on school reform and the empirical evidence that caused this shift. Once a proponent and contributor of testing, accountability, choice, and market reforms, Ravitch’s support began to diminish as she realized that these current reforms were not viable options. She came to realize that the new school reforms focused entirely on structural and managerial adjustments and that no focus was given to actual learning.
The largest and first assault on the rights of students to be free from unreasonable searches and seizures occurred in the case of New Jersey v. T.L.O. In 1980 at Piscataway High School in Middlesex County, N.J. a few girls were caught smoking in the bathroom. After being brought to the principal's office one of the girls, T.L.O., denied that she had been smoking. The principal then searched her purse looking for cigarettes. After finding a pack of cigarettes the search continued until the principal discovered evidence of drug dealing. This evidence was used to prosecute T.L.O. and ultimately she received a year of p...
As Source A stated, “forced schooling: six classes a day, five days a week, nine months a year, for twelve years.” Source B also outlines the strict scheduales in schooling by presenting a bell scheduale that is followed every day in a public school. Both Source A and Source B present arguments about the ridig structure of the school system. There is very little individuality within school days, students are required to be in every class and repeat these expections for twelve years. As Source E adds, “nothing of what it costs to repair the damage that these angry and resentful prisoners do every time they get a chance.” Source E is quick to compare America’s school system to America’s prison system in that public school presents structured days in oder to promote conformity to all. These constant and long school says that America’s kids are exposed to every day hardly promote creativity, free time, or individuality for children. Instead, it promotes conformity and teaches kids to be able to sit for eight hours a day bored out of their
Following the Columbine tragedy in 1999, “school systems across the nation introduced the zero-tolerance policies aimed at the curtailment of harmful student behaviors” (Noll, 2014, p. 295). The original focus of the policies was to eliminate the use/carrying of weapons but soon after spread to restricting drugs and medication (2014). By 2006 95% of the U.S. public schools had adopted the zero-tolerance policies and more than half of them reported taking significant action against students, many of which resulted in expulsion (2014). While the zero-tolerance polices were originally welcomed by all members of a community as a means of promoting and keeping a safer environment-- as of late many individuals are questioning the relevance of some actions and some school officials (2014).
The law differs from state to state as the 4th amendment has been modified to meet public school safety. Legislatures decided that there needs to be some modification of the level of suspicion of illegal activity needed to justify a search. They also decided that there's a need for a balanced between the students and the school setting. The 4th amendment has been modified from where you need probable cause and a warrant to...
Amanda Ripley, an investigative journalist for Time, The Atlantic and other magazines has masterfully explored topics such as human behavior under extreme stress, how we can handle stress better, the primacy of sports in American high schools, the colleges of the future, the workings of the brain human, expectations placed upon children in school settings and how human behavior compares with public policy. Her writing style is both engaging and informative, winning her multiple awards and television appearances. In addressing the gap between the American education system and that of
Only now is evidence emerging testifying to the fact that much of the criticism leveled at public schools is exaggerated and misplaced. It is easy to forget that schools reflect what is happening in society, not cause it. Schools of today have recently shown that they are performing better than ever. Unfortunately, the traditional challenges confronting schools have increased dramatically and broadly as the world and students have changed. Now schools are facing drastic change -- necessary change that must take place quickly so students are able to cope in a dramatically changing world of the future. All of the criticism creates fear in teachers and administrators rather than a desire to embrace change.
High school and college dropout rates are at an all time high. Secondary school students are told throughout high school that if they don’t go to college then they will never be successful. Going to college doesn’t always make a difference because many career choices such as teachers and lawyers are highly contested and result in either no job or low salary. Low pay deters teacher’s motivation and they tend to work part time jobs to supplement their income. Public schools standards are comparable to a kangaroo court’s procedure; private schools are known for better teachers, environment, and test grades. The major problems in the public school system include the lack of funding, lack of resources, and lack of standards.
The United States is a never-ending battleground for issues to fester. We as a group of people seem to only be happy when we are unhappy, and everything is open for conversation of improvement. Others can classify our society’s constant need for change and enhancement, as a curse or a blessing. Nonetheless, the education system in the United States is always a hot topic for people to discuss, as it has not been a success with all of its parties. Yet we strive for perfection as a society and as we do, we look at the groups of people that control the decisions made that influence the masses of students that progress through the system. Who can we blame? Is it the teachers union? Or, are the administrators failing these children? How about the school board? Well if it’s not any of these groups it has to be the government, right?