Edjurist TV Episode 4: 2008 School Discipline Wrap
Justin Bathon on Saturday, May 16, 2009 at 3:27PM I am reading all the cases related to students for the 2009 Yearbook of Education Law, so I thought I would wrap up some interesting school discipline decisions. I think you'll enjoy it because school discipline cases always have interesting fact patterns.
Cases cited in this episode: (type cite into plol for case)
A.B. v. State, 885 N.E.2d 1223 (Ind. 2008).
Price v. New York City Bd. of Educ., 855 N.Y.S.2d 530 (S.Ct. App. Div. NY 2008).
Brannum v. Overton County Sch. Bd., 516 F.3d 489 (6th Cir. 2008).
In re J.D., 655 S.E.2d 702 228 [Ed. Law Rep. 944] (Ga. App. 2007).
Picone v. Bangor Area Sch. Dist., 936 A.2d 556 (C.C. Pa. 2007).
C.M.M. v. State, 983 So. 2d 704 (Fla. App. 5 Dist. 2008).
In re T.A.G., 663 S.E.2d 392 (Ga. Ct. App. 2008).
R. D. S. v. State, 245 S.W.3d 356 (Tenn. 2008).
Programming Update:
I am taking a small vacation next week, so I'll leave you in Scott's capable hands.
Reader Comments (2)
I found the Price v. New York ruling interesting. I'm surprised that the issue of safety was not a factor. Parents and students often claim that cell phones must be available in case of school emergencies. There is no doubt that cell phones (particularyly texting) are disruptive, but it is difficult to dispute the need for cell phones in case of an emergency.
Good call LP. It was an issue, the initiating issue, actually. Sorry if I didn't make that clear. But, legally, it was not that big of an issue. The legal issues were due process, administrator discretion and strict scrutiny v. rational basis. Once rational basis was established, the case was basically over. Had strict scrutiny been invoked, though, the safety issue would have played a more prominent role. You were right on point, though, LP. That was the issue that cause the suit and I think the reason that the teacher's union came on board the parent's side.