ED 631 Handbook Assignment

I have copied parts of the three Osseo Area Schools Handbook policies. These are in
bold. Under each I have written my own comments and support for these topics.

Pledge of Allegiance

Each school building will conduct a recitation of the Pledge of Allegiance at least
weekly. Participation will be voluntary. Anyone who does not wish to participate
may elect not to do so. Staff and students must respect another person’s right to
make that choice. For additional information, refer to School Board Policy 647.

In the district statement “participation will be voluntary. Anyone who does not wish
to participate may elect not to do so. Staff and students must respect another
person’s right. I think the district making that statement is a very well considered.

In the Supreme Court case West Virginia State Board of Education v. Barnette
(1943) the justices reversed a decision they had made just a few years earlier.
Students could be expected to participate in educational exercises to teach
patriotism, but they could not be required to recite the pledge or salute the flag,
according to the justices.

Bullying and Hazing Prohibition

The purpose of this policy is to assist the school district in its goal of preventing and
responding to acts of bullying, intimidation, violence, and other similar disruptive
behavior. A safe and civil environment is needed for students to learn and attain
high academic standards and to ensure a healthy school climate. Bullying, like other
violent or disruptive behavior, is conduct that interferes with students’ ability to
learn and teachers’ ability to educate students in a safe environment. It is the school
district’s intent to prevent bullying and to take action to investigate, respond,
remediate, and discipline those acts of bullying which have not been successfully
prevented. In compliance with MN Statute 121A.0695, the district prohibits any act
of bullying by any individual student or group of students.

It will be a violation for any student, employee, or agent of the district to bully a
student, employee, or agent of the district through conduct or communication in
person or through misuse of technology (cyber-bullying) of a bullying/intimidating
nature as defined by School Board Procedure 514. It will also be a violation for any
student, employee, or agent of the district to engage in bullying conduct at any time
or any place that interferes with or obstructs the mission or operations of the school
district by affecting the safety or welfare of the student, other students, or
employees. This policy applies not only to students who directly engage in an act of
bullying but also to students who, by their indirect behavior, condone or support
another student’s act of bullying.

The Supreme Court of the United States determined in Davis v. Monroe County
Board of Education (1999) that a school board can be held accountable for student-
to-student sexual harassment if it is done with deliberate indifference indicates that
an employer who has implemented a successful policy has disseminated the policy's
contents and procedures to all employees.

I think the bullying and hazing policy that is posted in the handbook make it clear
that it is not tolerated within the district. It is defined for both teachers and students
and there are consequences for both. Any type of bullying should be reported. The
policy states the different types of bullying and harassment and that it can be
delivered in many different forms and even whom it includes. It includes the
different scenarios like, student-to-student, student to teacher, teacher to student,
teacher to teacher.

Lockers

School Board Policy 502 states, “School lockers and desks are the property of the
district and are provided for the convenience of students. At no time does the
district relinquish its exclusive control of lockers or desks. School authorities for any
reason may conduct inspection of the interior of lockers or desks at any time,
without notice, without student consent, and without a search warrant. The
personal possessions of students, whether within or outside of school lockers or
desks and/or a student's person, may be searched only when school authorities
have a reasonable suspicion that the search will uncover evidence of a violation of
law or school rules. As soon as practicable after the search of a student's personal
possessions, the school authorities must provide notice of the search to the students
whose lockers or desks were searched unless disclosure would impede an ongoing
investigation by police or school officials.” (MN Statute 121A.72, Subd. 1)

“There must be some available facts that together provide reasonable grounds to
search, and the search must be conducted in order to further a legitimate school
purpose.” (Alexander, 2009, p. 463) 

There were many cases I found that pertained to this situation. The I case I choose is
The Eighth Circuit United States Court of Appeals ruled in Doe v. Little Rock School
District that "random, suspicion searches of students' persons and belongings, book
bags, etc., are unconstitutional." (Alexander, 2009, p. 482). The court stated in their
decision that "public school students have traditionally been treated as
presumptively responsible persons entitled to some modicum of privacy in their
personal belongings" (Alexander, 2009, p. 484).
Overall the school officials are not held to the same high standards as police officers,
Doe v. Little Rock School District emphasizes that there must be a legitimate reason
for a search, and that simply printing in the student handbook that lockers can be
searched at any time does not guarantee this right to the schools or take away the
students' right to privacy.

After seeing this case and the information I got, I don’t think the school can or
should be able to inspect lockers at anytime without having some proof or a
reasonable cause. I think the district does a great job of explaining that the desks are
the schools property and that they will only search if there is a reasonable suspicion.

Works Cited
Alexander, K. A. (2009). American Public School Law, Seventh Addition.
Belmont, CA: Wadsworth, Cengage Learning.