Student Rights & Discipline

NSBA Amicus Brief - Earls v. Tecumseh (U.S. Sup. Ct.)

Fourth Amendment: search and seizure - mandatory drug testing of studnets participating in extracurricular activities.

Dydell v. Taylor (Mo. Sup. Ct.)

Coverdell Teacher Protection Act: applicability to school administrators for acts and omissions in disciplining students; interaction with state official immunity laws.  Filed 9/1/10.

NSBA Amicus Brief - C.N. v. Ridgewood Board of Education (3rd Cir.)

First Amendment: compelled speech – privacy – anonymous student survey on sensitive subjects.

Christian Legal Society v. Martinez (U.S. Sup. Ct.)

First Amendment: ability of public school to condition official recognition status on student group’s adoption of school’s  non-discrimination policy. Filed March 15, 2010.

NSBA Amicus Brief - Nurre v. Whitehead (9th Cir.)

First Amendment: Student free speech—playing of instrumental music with religious theme at graduation—qualified immunity and personal liability of school administrators.

Butler v. Rio Rancho Public Schools Board of Education, No. 02-2199 (10th Cir. Aug. 25, 2003)

The U.S. Court of Appeals for the Tenth Circuit has ruled that a school district did not violate a student’s right to substantive due process by suspending him when he should have known that he brought a weapon onto school grounds. Stephen Butler, a student at Rio Rancho Public Schools (N.M.), was suspended after school officials discovered weapons and drug paraphernalia in his brother’s car, which he had driven to school that day. Stephen claimed not to have known of his brother’s contraband and challenged his suspension in court.

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