Cartoon Analysis:

9
Daniel Bridges
Professor Shkorupa
EDU 210
 Critical Thinking

Think back to your Introduction to

Elementary/Secondary Education class. What
term from that class comes to mind when you look
at this cartoon?
In Loco Parentis

What does it mean?

Hint: It doesnt mean The

Crazy Parents
 In Place of the Parents

Teachers or administrators assume the duties and

responsibilities of the parents during the hours
the child attends school.
 My Analysis
The young lady in the cartoon was not allowed to
go to school (school was canceled) because the
metal detector was not functioning (the school
could not protect her).
 Garcia v. City of New York
(1996)
New York City Board of Education liable for the sexual
assault of a kindergarten student, who was sent to the
bathroom unsupervised?
The jury found that the kindergarten teacher breached
her duty by permitting him to go to the bathroom
unaccompanied. It is reasonably foreseeable that an
unaccompanied child would be subject to harm by the
acts of third persons. (Negligence)
 Lawes v Board of Educ., 16 N.Y
Ohman v Board of Educ., 300 N.Y. 306, 309

Educational institutions are not the insurers of the safety

of their students and cannot be held liable for every
instance in which one pupil injures another.
What the difference between these two cases and Garcia
v. City of New York?
 New Jersey v. T. L. O. (1985)
New Jersey brought charges on her, T.L.O argued her 4 th amendment
rights had been violated while her principal searched her purse, the
juvenile court agreed with the school, she took it to the NJ Supreme
court who agreed with her, so the school took it to U.S. Supreme
Court and they ruled that:
The school had met a "reasonableness" standard for conducting
such searches at school. The high court said school administrators
don't need to have a search warrant or probable cause before
conducting a search because students have a reduced expectation of
privacy when in school.
 Interesting
In loco parentis has moved from being primarily a
right of restraint and coercion used to discipline
students, to being a duty of school officials to
protect those same students.
 Reference
http://usedulaw.com/345-in-loco-parentis.html
http://www.leagle.com/decision/1996414222AD
2d192_1371/GARCIA%20v.%
20CITY%20OF%20NEW%20YORK
http://
www.uscourts.gov/about-federal-courts/educationa
l-resources/supreme-court-landmarks/new-jersey-v
-tlo-podcast