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Chapter Outlines:

(Blue text denotes legislation or court cases)


Chapter 4: National Security and School Safety
I. Homeland Security
A. National security has taken center stage since 9/11
B. Violence has struck public schools
C. School Safety is a major issue in the US
1. Security
2. Public schools are vulnerable
3. Natural disasters
II. USA Patriot Act
A. Authorized U.S. law authorities (FBI) to investigate potential terrorist
attacks in U.S. and world
B. Enacted by Congress
1. Defines terrorism
C. Public schools fall under jurisdiction of this act
1. FERPA allows schools to disclose information
a) This does not require consent or knowledge of student or
parent.
D. Controversy
1. Some say FBI is too aggressive.
2. Some say the government's aggressiveness shows the high risk
between individual rights and national security.
3. The question of the need for suspicion not necessary to check phone,
email, finances etc.
4. Critics say this an infringement of speech, press, rights, and privacy.
E. 2006 Patriot Act reauthorization
1. Act makes it easier for FBI agent to search homes, monitor emails and
phone calls, obtain business records
III. No Child Left Behind and School Safety
A. School safety is a priority and it is necessary to provide assurances for a
safe and drug-free environment.
B. National School Safety Center (NSSC) created in 1984 to provide
assistance in school safety
1. Guidelines for schools
a) School mission statements must identify context for which the
school wishes academic learning to take place
b) Identify a specific procedure for evaluating and responding to
threats.
IV. Series of protocols
A. Get students involved in the planning process.
1. Identify the potential disasters that could occur based on the schools
setting and climate
B. Rioting/civil unrest/demonstrations
a) Bomb Threats
b) Intruders
c) Weapons possessions
d) Drug abuse
e) Kidnapping/abductions
f) Chemical spills
(1) Control campus access
C. Minimize the number of entrances and exit points used daily
D. Campus traffic should flow through areas easily and naturally
1. Identify specifically assigned roles and responsibilities
E. Responsibilities may include monitoring hallways and restrooms,
1. patrolling parking lots, and providing supervision
a) Identify whom to call in a crisis
F. Keep an updated list of whom to call in case of varis kinds of
1. crises
G. The key is to create a close working partnership with law enforcement
officials, mental health professionals, school security, etc
1. Provide cultural awareness/sensitivity training for all members of the
school community
a) Establish an emergency operation communication system
b) Implement a uniform school crime reporting and record keeping
system
c) Makes it useful in determining the types of strategies
V. Preparing for National Emergencies
A. Schools need to prepare for all threats and emergencies.
1. Bomb threats/explosions
2. Suicide bombings
B. Intruders/unauthorized visitors
1. Utility failures
2. Mass transit disasters
C. Regularly review and revise district crises plans.
VI. Handling Violence in Schools
A. Violence is everyones responsibility.
1. Be visible and observant.
2. Set expectations.
3. Know the danger signs.
B. Bullying
1. Involves intentional cruel behavior
a) physical and verbal acts to harass, intimidate, or create anxiety
b) usually a power difference between the bully and victim (size,
popularity, etc.)
2. Districts have adopted anti-bullying policies.
a) Fair, consistent, and firm enforcement of policy is necessary.
3. Once over 12, a bully can be charged criminally.
4. Victims are known to strike back resulting in school violence.
5. There are many tragic stories as a result of bullying.
6. Develop clear policies and guidelines.
C. Cyberbullying
1. Electronic devices are used in a continued pattern to bully
a) hate speech
b) threats
c) sexually offensive content
d) ridicule
e) false statements
2. Megan Meier Cyberbullying Prevention Act
D. School Violence and Negligence
1. It is vital to exercise proper care (due care) or the school/teacher
can be deemed negligent.
E. Emerging Legal Issues
1. School personnel are held to a standard of conduct
2. Warning signs of possible violence need to be acknowledged
3. Failure can result in negligence
VII. Freedom of Expression: Prohibitions and School Violence
A. Students have certain constitutional rights.
1. Freedom of expression
2. Degree of privacy
3. Protection against cruel and abusive treatment
4. Equality of treatment
B. Students have the right to be protected.
C. School officials need to be able to justify their actions as reasonable (burden
of proof).
D. Proactive school personnel are minimizing the acts of violence in our schools.
E. Gangs
1. There are legal challenges related to school gangs.
a) Administrators and teachers are not expected to guarantee no
harm, but are expected to ensure reasonable measures are
being taken to prevent foreseeable injury
2. Gang Characteristics and Membership
a) Name, symbols, signs, control over a turf
b) Strict code
c) Hierarchical chain of command
3. Gang attire
a) Specific colors
b) When prohibiting such dress, the need for it has to be clearly
communicated.
4. Duty of care and gang violence
a) School needs to be swift and aggressive when dealing with this
violence, defensible policies and procedures, remove graffiti,
and work closely with law enforcement.

VIII. School Uniform Dress Policies, School Safety, and Students Freedom of
Expression Rights
A. Provide easy identification of students, eliminates gang dress, promotes
discipline, deters theft and violence, prevent unauthorized visitors, and
fosters positive learning environment
B. School leaders need to be mindful or freedom of speech with dress codes.
C. Early legal challenges
1. Freedom of expression
2. Freedom of religion
IX. Drug and Alcohol Testing
A. Drug Testing
1. Constitutes a search
2. Veronia School District vs Acton
a) District policy to test all athletes at beginning of season and
random testing throughout season
b) District was supported in court. Judge stating: Low
expectations of privacy in locker rooms and restrooms
3. Testing was designed as unobtrusive
4. Served the purpose to combat drug abuse
5. New Jersey vs. T.L.O.
a) The case ruled school officials have greater latitude to search
students school environment in order to maintain appropriate
and safe conduct.
b) Supreme Court places importance on athletes as role models.
B. Alcohol and Breathalyzer Testing
1. If there is an immediate concern a trained school official or police
officer may conduct a breathalyzer during a voluntary school-
sponsored event.
a) smell alcohol, observe behavior (slurred speech, impaired motor
control), or reliable person informs school officials
2. Litigation has not brought about the same attention for alcohol as in
drugs.
3. The randomness of testing is questioned.
a) Linke v. Northwestern School Corporation ruled suspicion has to
be individual before a test can be administered.
X. Zero Tolerance and School Safety
A. Zero Tolerance
1. Originated due to concealed weapons and drugs on school grounds
2. Ratner case
a) long-term suspension ( based on school policy) for taking weapon
from friend with intentions of communicating suicidal thoughts
to her family and his
3. Killian Senior High School/Cuesta
a) Girl distributed pamphlet including violent acts and words.
b) Girl arrested and treated as adult in prison. Board didnt press
charges.
c) She sued school and county for unlawful arrest and
unconstitutional strip search.
d) Court supported school and county.
4. Important to make sure that the zero tolerance policy is
supplemented by the code of student conduct. They should not
veto each other.
B. Recent Zero Tolerance Practices
1. Some zero tolerance practices are being questioned.
2. Essential to clearly define acts that pose a threat to school safety
XI. Metal Detectors
A. Thompson vs. Carthage School District
1. A bus driver reports cuts in seat to school. School uses metal
detectors and a student gets expelled due to crack cocaine possession.
2. Search was justified from its inception.
B. People vs. Pruitt
1. Due to violence in the school, they utilized a metal detector. Found a
loaded .38 caliber pistol and arrested the student.
2. Court ruled it was a justified search based on inception because of
prior violence in school.
C. People vs. Dukes
1. Schools metal detector use found switchblade knife.
2. Court found use as justified based on the intention of school safety.
D. If detectors are used, the methods must be reasonable and necessary,
significant and compelling.
1. Objective: maintain a safe and orderly school environment
2. Students should be informed prior to use.