Transcript chapter4_

Chapter 4 National Security
and School Safety
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Copyright © Allyn & Bacon 2008
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National security and school safety have
had a significant impact on the
administration and operation of public
schools.
School safety is a major concern because
schools are presumed to be “safe places”
by the courts.
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National and school safety creates policy
implications for school leaders.
Contingency plans should be developed,
simulated and implemented as the need
arises to address, anticipate or foresee
events that may threaten school safety.
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USA Patriot Act
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While the intent of this act is to address
potential terrorist acts in the United
States, it does implicate public school in
the following manner:
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School leaders are required under authorized
investigations by the FBI to produce books,
records, paper documents or other items.
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Probable cause is not required.
Information related to Internet usage,
including email addresses, may be
monitored without offending privacy rights.
The FBI may obtain information under the
Family Education Rights and Privacy Act
without consent of parents or legal
guardians.
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No Child Left Behind and
School Safety
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Under the No Child Left Behind Act, school
safety also has become a majority priority
for local school districts, which must
provide assurances that plans are on file
regarding steps schools will initiate to
maintain safe and drug-free environments.
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Handling Violence in Schools
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With the presence of gangs in schools,
school leaders are encountering pressures
from parents, citizens, and school boards
to provide a safe environment where
teachers can teach and students can
learn.
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Added to these pressures is the view of
the courts that schools are “safe places”
based on the assumption that children are
supervised by licensed and well-trained
teachers and administrators.
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Bullying
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Bullying is associated with many acts of
violence in public schools.
Bullying generally involves intentional
cruel behavior between the person who
exhibits this behavior and the same
students who are victims of bullying
behavior.
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There is often a pattern of repeated antisocial behavior toward others but
bullying may also involve a single
incident.
A bully, depending on the circumstances,
may be charged criminally if he/she
exceeds age twelve.
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Gang Characteristics and
Membership
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Gangs are best described as groups of
individuals involved in unusually close
social relationships.
They share a common collective identity
expressed through a gang name.
Gangs adopt certain symbols or signs and
claim control over a certain turf or
territory.
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Gang Dress
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Gang members tend to wear specific
apparel or colors to convey gang
affiliation.
Where gang activity has been prevalent in
the school or community and there is clear
knowledge that certain types of dress are
associated with disruptive gang activity,
school officials may prohibit such dress.
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Duty of Care and
Gang Violence
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Based on foreseeability, school personnel are
expected to exercise the standard of care that
any other reasonable professional would
exercise under the same or similar
circumstances.
If school officials are aware of gang presence in
their schools, there is a greater expectation for
monitoring gang activity; consequently, the
standard of care is higher based on prior
knowledge of gang presence.
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School Uniform Dress Policies, School
Safety, and Students’ Freedom of
Expression Rights
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Many school officials in their desire to
create and maintain safe schools have
developed uniform dress code policies for
students.
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As school uniform policies are drawn by
school leaders, it is prudent that they be
mindful of the freedom of expression
rights of students.
Policies that do not recognize these rights
are risky at best and may result in legal
challenges and unnecessary legal costs to
school districts.
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Drug Testing
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Until the mid 1990s, no case involving
drug testing in public schools had been
litigated by the U.S. Supreme Court.
Vernonia School District v. Acton, however,
reached the Supreme Court when the
Ninth Circuit Court reversed the district
court’s holding for the school district.
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Under the district’s policy, all student
athletes were required to provide a urine
sample at the beginning of the season for
the particular sport in which they
participated.
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Alcohol and
Breathalyzer Testing
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School officials may, based on school or
district policy, administer breathalyzer
testing where there is an immediate
concern regarding students under the
influence of alcohol during voluntary
school-sponsored events.
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School officials will likely succeed in
initiating a breathalyzer test to any
student if they have reasonable suspicion
that the student is under the influence of
alcohol.
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Reasonable suspicion may be established
if school officials detect the smell of
alcohol on a student or observe behavior
that might suggest a student is
intoxicated, such as slurred speech or
impaired motor control.
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