S T U D E N T E X P R E S S I O N

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William Kritsonis

William Allan Kritsonis, PhD Educational Law Series - Student Freedom of Expression

Educación Noticias y política

Student Expression William Allan Kritsonis, PhD

What is Student Expression? ,[object Object]

What do the Courts Say? ,[object Object]

So Can Students Say Anything they Want? ,[object Object],[object Object]

Hazelwood School District v Kuhlmeier ,[object Object]

Common Issues in Student Expression ,[object Object],[object Object],[object Object],[object Object],[object Object]

Student Teacher Opinion ,[object Object]

Can students wear clothes with profanity?

Yes and No! ,[object Object],[object Object]

Can political messages be worn on clothing?

Bottom Line ,[object Object],[object Object],[object Object],[object Object],[object Object]

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William Kritsonis

William Allan Kritsonis, PhD William H. Parker Leadership Academy Hall of Honor In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students. Dr. Kritsonis Lectures at the University of Oxford, Oxford, England In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning. Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”

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u or your {amily ever have )ased views thai contlicted /ith events at your school? ie your views c0nservative .e., opposition to dancing, ctance of evolution theory, rparticipation when certajfl s were shown, etc.)? Were trictions imposed that you believed unnecessary? Perhaps the greatest point of tension concerning religion and cun'iculum is the theory of evolution. In the so-called "scopes Monkey Trial" in -1,)25, a high school teacher was convicted of violating a Tennessee regulation against teaching anything that contradicted the biblical Genesis accolrnt of the creation of humans. Although the conviction was overturned on a technicaliry controversy over the teaching of evolution in schools has continue d.In L982 Louisiana passed the Balanced Treatment Act, which required the teaching of both creationism and evolution. The U.S. Supreme Court ruled the act illegal because it endorsed creationism, a Chrlstian view, to the exclusion of other views. Some school districts, and even whole states, have afiempted to give equal time both to what some Christians believe about creation as embodied in the literal translation of the Bible and to evolution. Some districts have attempted to outlaw the teaching of evolution or to require a disclaimer stating that it is only a theory, one of many that try to explain the or:igin of humans. As you can see, the rights and responsibilities of teachers and stridents often inter- sect at the delicate point of separation of church and state. In some communities, and at some times of the year, preserwing this separation is challenging. What.[re the Legal Rights of Students? Students do not leave their constitutional rights at the schooihouse door. You may no- tice that there isn't a section of this chapter devoted to students' legal responsibilities. If there were, the section would be short. Students have the responsibility to go to school as long as it is cornpulsory (usually to age 1.6, but to age 1"8 in some locations). That's about it in terms of legal responsibilities. dlthough we hope students take responsibility for their lear:ning and behavioq unless their behavior is deerned illegal or extrernely disruptive, there are no other laws binding them. Before 1969, students were not recognized as having First Amendment rights to freedom of expression. The U.S. Supreme Court's decision kt Tinker v. Des Moines Inde- pend.ent Comnxunity Scbool District, 1,)6), provided a clear message that a student is entitled to freedom of expression, In this case, three students wore armbands to school to protest the war in Vietnam and were punished for doing so (LaMorte, 2012). The Tinker case reversed the school's stance and has been cited repeateclly since 1969. However, court challenges since Tinker have served to balance the rights of students to express themselves and the necessity of limiting personal freedom to ensure the safety and well-being of others. For students, understanding the need for this b ...

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Marilyn Gardner, Lawyer, spent years teaching Advanced School Law at the Doctoral Level. Her focus was court decisions at all levels of government which have had an impact on the governance of schools and what school personnel can do in terms of the operation of schools, curriculum, instruction, assessment and school personnel, and treatment of candidates. Marilyn would always stress that failure to comply with school law can have far reaching and costly implications. In this section, Marilyn Gardner teaches about Students' Freedom of Speech.

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Reading and Supplemental Materials Required Reading Material LaMorte, M. (2012). School Law: Cases and Concepts. 10th edition. Pearson Education: London, England. Chapter 3 Steinberg, M. & Lacoe, J. (Winter 2017). What Do We Know About School Discipline Reform. Education Next. Retrieved from https://www.educationnext.org/files/ednext_xvii_1_steinberg.pdf Links to an external site. Wang, A. (2017, September 5). School District Apologizes After Student Told 'Make America Great Again' Shirts Not Allowed in Class. The Washington Post. Retrieved from https://www.washingtonpost.com/news/education/wp/2017/09/04/school-district-apologizes-after-students-told-make-america-great-again-shirts-not-allowed-in-class/?noredirect=on&utm_term=.34ef9a5bea0c Links to an external site. Recommended (Optional) Learning Materials Vaznis, J. (2018, November 17). Boston Schools Agree to Change Policies on Suspensions. The Boston Globe. Retrieved from https://www.bostonglobe.com/metro/2018/11/16/boston-schools-agree-change-school-suspensions/WFHz9xwRjxZbJhCdN8ZrMP/story.html Links to an external site. Wong, A. (2018, November 28). The Students Suing for a Constitutional Right to Education. The Atlantic. Retrieved from https://www.theatlantic.com/amp/article/576901/ Links to an external site. Zimmerman, A. (2018, November 12). New York City Students Can Be Suspended for An Entire Year. Officials Say Changes Could Be Coming. Chalkbeat. Retrieved from https://chalkbeat.org/posts/ny/2018/11/12/new-york-city-limit-student-suspensions/ LaMorte, M. (2012). School Law: Cases and Concepts. 10th edition. Pearson Education: London, England. 3 Students and the Law Countless interactions between students and school officials occur in public schools, and inevitably, some students or their parents become displeased either with a school official’s actions or with school policy. The vast majority of such disputes are not litigable, however, unless school authorities have violated a student’s constitutional rights, not followed applicable federal or state statutes, or not had appropriate policies or procedures. Prior to the 1970s, courts usually upheld school authorities who demonstrated no more than that their actions were reasonable. Public schools were perceived as enjoying parental prerogatives (in loco parentis), and it was uncertain whether any constitutional rights extended to students. However, in a 1969 landmark decision, the US Supreme Court in Tinker v. Des Moines's Independent Community School District declared that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Subsequently, in 1975 the high court held that public school students possess liberty and property interests in their education, and therefore, that constitutional principles of due process apply to school officials’ treatmen.

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