Rules, Due Process and Corporal Punishment in Texas - Essay Example

Education Lesson 3 Questions: Rules, Due Process and Corporal Punishment in Texas Q Reasons that led to Darby Unified School District becoming successful in its lawsuit The District officials from Derby Unified School were successful in the lawsuit regarding the student’s suspension because they were able to prove that the student’s behaviour interfered with other students’ rights for security. Darby Unified School had an approved policy on racial harassment and intimidation, thus the court could not agree that it was his right of free speech. The District had also expressly indicated that written material which included the confederate flag was not appropriate. The district had the right to suspend the student for the offensive drawing. Q. 2. Significance of the case Ryan G. V. Navasota I.S.D and was the student suspended? The significance of the case is to show that school authorities should ensure that the off-campus rules they implement need clear wording, applied and interpreted for students who do not understand them. The case is an excellent example for school authority officials and for students showing what happens in instances when school rules get breached. The student was not suspended from carrying out other school activities and functions, but got suspended from the baseball team as punishment for being in possession of alcohol. Q. 3. Seven factors to assess carefully when enforcing diverse consequences for violation of rules in a school system The violation of school rules warrants different punishments. However, certain factors have to be considered before enforcing such punishments. The first factor is the seriousness of the offense. Other factors such as the student’s age, the student’s code adopted by the board, the attitude and how often the student commits the offense are also important to assess. Lastly, the other two factors include requirements of chapter 37 of the education code and the potential effect that the student’s misconduct has on the school environment. Q. 4. Three key concepts which are crucial to understanding the due process clause in the Constitution The first concept is that the state has to take action (Lesson 3). For example, a teacher from a private school who gets fired without getting a notice from the school’s board of team members has the right to complain for contractual breach. In such an instance the school becomes liable for a lawsuit because it violates its own policies. The second concept is that the person must have been dispossessed of his or her property or liberty by the state for the court to accept that there has been a violation of due process. In this case, the state is liable for violation of due process because of breaching the contract formed between it and the person. The third concept is that the nature of due process is dependent on how severe the problem is in a case. In a case where a person has killed another person and gets sentenced to life imprisonment or death penalty, the state is liable for lawsuits if the person is not guilty. The state brings about the deprivation of property, life and liberty when a person gets sentenced. Hence, under the law, there should be no errors made regarding a person’s life or liberty. Q. 5. Significance of the case Goss v. Lopez and a fact that is not in the PowerPoint The case is imperative to show that the Fifth and the Fourteenth Amendment of the U.S Constitution requires all school officials to understand the meaning of the due process clause. Since students are entitled to having their liberty and property interests, school officials could only suspend them after giving them an informal notice and an opportunity to explain why they committed the offense. The one fact left out from the PowerPoint regarding the case is the type of crime the students committed. For rules to be efficiently enforced by school officials, the seriousness of the offense committed by the student is a factor to consider before awarding punishment. In the PowerPoint presentation, the type of offense committed by students is not clear. Moreover, it is not clear if it is only one student or a group that committed the offense. Part 2: Questions and Answers 1. The State must provide “due process” to an individual prior to taking from that person “life, liberty or property” (Lesson 3). 2. Fee v. Herndon (1990) a) The parents of an emotionally disturbed student authorized the administering of three paddle swats to their child. They later filed a federal lawsuit against the school district and school officials contending that the paddling amounted to a severe beating resulting in six months psychiatric hospitalization (Lesson 3). b) The appeals court affirmed the trial court’s rejection of all federal claims. The appeals court also noted that the parents could pursue their excessive force lawsuit against the principal in state court and could argue their negligence theory against teacher that witnessed the paddling. It is apparent in both cases that public school children have no recourse in federal court under the due process clause of the Fourteenth amendment for allegations of abuse of corporal punishment (Lesson 3). c) Educators are liable under state claims. d) Even when the practice is authorized by local policy and consented by the parents, suits can be filed alleging that the paddling was excessive or negligent, thus resulting in bodily injury. Most schools now specify that corporal punishment can be used only under certain circumstances, by certain people, and in accord with certain procedures (Lesson 3). e) While Texas leaves all decisions about corporate punishment to local school officials it does impose state-wide restrictions on other practices of physical nature (Lesson 3). f) Section 37.0021 of the TEC absolutely prohibits the use of “seclusion” by public school. Seclusion is defined as a technique in which a student is confined in a locked box, locked closet, or locked room designed solely to seclude a person and whose area is less than 50 square feet (Lesson 3). Reference Lesson 3, (2015). Rules, Due Process and Corporal Punishment in Texas. (Lecture PowerPoint Slides) Read More