Landmark+Education+Cases

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– Schoolmasters and teachers can give punishment upon their students according to their discretion unless the punishment permanently injures the child or merely gratifies their own evil passions. =====

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The teacher of a small school whipped a little girl, six or seven years old, with a switch which caused marks upon her body but they disappeared a few days later. The defendant, teacher, was found guilty but it was appealed and the teacher was relinquished of any charges. Teachers may punish students according to their discretion in that it only produces temporary pain, and no permanent ill, cannot be cause of punishment for the teacher. If the punishment of the student seriously endangers life, limbs or health, or shall disfigure the child, the teacher will be held responsible. =====

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A certain kind of punishment was allowed early in the 19th century. Now, in some states physical punishment is allowed but it is transitioning to the point that educators are not allowed to touch a student in any way with regards to punishment. As teachers, we need to be careful with what types of punishment we do with students in our classes. =====

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A Vermont congressman, Justin Smith Morrill, wanted to improve education in the United States by having colleges teach practical subjects to help the nation grow. President Lincoln signed the legislation that allowed states to receive special land paid for by the federal government to construct a state college where they would mainly teach agriculture and mechanics. Many states had colleges that benefited from this (Wisconsin, North and South Dakota, Michigan, Minnesota). The University of Illinois at Urbana-Champaign, which was a great engineering school, was the last school to benefit from the Morrill Land Grant Act. =====

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Today, many colleges and universities specialize in fields of study like agriculture, veterinary medicine, engineering, home economics, education, and many public services. Many of these schools have grown into some of the highest quality and most prestigious schools in the world. Students can choose from a number of different schools across the country to attend. =====

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This amendment granted citizenship to “all persons born or naturalized in the United States,” which included former slaves. It also forbids states from denying any person “life, liberty or property, without due process of law.” =====

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It greatly expands the protection of civil rights to all Americans. The fourteenth amendment addresses the due process rights of students and school personnel to make sure equal protection under the laws is fair for everyone. Everyone involved with education (teachers, administrators, students, parents) are all afforded due process to make sure they are given the opportunity to tell their side of the story rather than be wrongfully accused. =====

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This case was filed in Kalamazoo, Michigan, to collect public funds for the support of a village high school. The town had used taxes to support the school for thirteen years without any problems or complaints from citizens. Some of the defendants, the school officials, felt that some of the citizens should not dispute their obligation to pay taxes for supporting a high school. The town was required to maintain a school for boys (many girls did not attend school at the time) or they would receive a huge penalty. Many small towns followed suit after this case =====

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Taxpayer money goes towards building and maintaining schools as well as paying for teacher’s salaries. It would be difficult to see a school function correctly if there were not enough resources (in this case, money) to adequately improve student learning. =====

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This case set forth a state's responsibility for public education. It said that schools are matters of the state and not a local jurisdiction. The central power resides in the legislature of the state. This case states "It is for the law-making power to determine whether the authority shall be exercised by a state board of education, or distributed to county, township, or city organization." =====

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The state has the power to define the curriculum that is taught in schools. In most states the legislature delegate to the state boards of education regarding curriculum matters. This case set up the order in how curriculums are determine which affects what and how schools meet that criteria. =====

School Law and The Public Schools: Nathan L. Essex
__Plessy v. Ferguson (1896)__

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This case is about a man name Homer Plessy who got on a railroad car in New Orleans, Louisiana and was headed for Covington, Louisiana. This car was designated for white people only. He was one-eighth black and seven-eighths white, but under a Louisiana law he was classified as black. Therefore, he was required to sit in the “colored” car. He refused to move and was arrested and jailed. Plessy stated that his rights were denied under the Thirteenth and Fourteenth Amendments of the United States. The judge, John Howard Ferguson said that the state had the right to regulate the railroad companies as long as they stayed within state boundaries. The Supreme Court upheld the judge’s ruling. In a 7 to 1 decision the Court said that the Fourteenth Amendment was not violated. They said that this was just separation of two races as a matter of public policy. Plessy pled guilty to the violation he had committed and paid the fine. =====

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This case was about the Board of Education using funds to assist in maintaining a high school for white children, without providing a similar situation for colored children. There were three people, Cumming being one of them, said that it was not right that a levy of $45,000 was being placed against the county. They said it was illegal because all of the schools in the county were exclusively for white students. The Superior Court ruled that they county could no longer put money only towards schools for the white children. They must provide an equal facility for colored children. This case went all the way to the United States Supreme Court where they agreed that this was in derogation of their rights under the Constitution of the United States. =====

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This impacts education today because the money that a school district receives must be spent equally among all students and schools. There is no more segregation by race, ethnicity, or anything else. Every child is provided with an equal opportunity to learn. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">This case is about a 15 year old Indian student that is refused admittance to the Big Pine School District because she is an Indian. She lived to far to go to the Indian school and so they petitioned the school district to let her attend. Since, she was too far to go to the Indian school; the court mandated that she was eligible to attend the Big Pine School District. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">The decision was made on June 2, 1924. This court case impacts Indian (Native American) children. It gives them the right to attend public schools regardless of whether their parents are relieved from paying taxes. It gives all children the right to attend free public schools and get an education. This case is used to help the landmark case of Brown vs Brown. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">[|//Piper v. Big Pine School District of Inyo County//] [|, 193 Cal. 664] =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">This case started in 1925 and is a landmark case. A Tennessee high school biology teacher, John Scopes was accused of teaching evolution, which was supposed to be unlawful at the time. He was found guilty, but was later overturned. This case impacts us today because it provides us a clear distinction between science and secular religion. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">[|**http://law2.umkc.edu/faculty/projects/ftrials/scopes/scopes.htm**] =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">This case involved a community that had many prominent residents and Mexican residents. The principal announced that the Mexican children did not belong at the school and told them that they were to go to a two room building to get their education. The Mexican community challenged the school board for the educational rights of their children. Other actions like this had taken place before in other communities in a large degree due to the Great Depression. Other schools and states reported prejudices to the Mexican communities. Under the writ of mandate from the Superior Court of California, they challenged the school board the decision to segregate the school. An Americanization school was set up to help with the segregation of the Mexican children. In the end the judgment was made to reinstate the children to the school. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">The decision was made on March 30, 1931. This case is about desegregation. The court rules that Mexican American children are allowed to return to the Lemon Grove school after the school had decided to discriminate on children that were Mexican American. This case impacts us today by giving children the right to go to public schools not matter what race. This helps the Brown vs Brown case, which is a landmark case. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">[|//Roberto Alvarez v. the Board of Trustees of the Lemon Grove School District//] =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">This court case is about citizens that are of Mexican or Latin decent and they were prohibited to go to a park with a swimming pool. They were not allowed to enter either. After reviewing the claims of the Mexican/Latin citizens, the court finds that because they are clean, moral, don’t suffer from disability, have infectious disease or physical or mental defect, or other defects; they could be admitted by the facilities. The court finds that the citizens have the right under the Constitution to enter the park and pool. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">The decision was made 1944 by the Southern California District court. This case gives citizens of Mexican and Latin descent the right to use public schools and park facilities, which impacts the 14th amendment. This is also another cases that is used to help Brown vs Brown. =====

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<span style="font-family: Verdana,Geneva,sans-serif;">This case was about a man named Donald Gaines Murray and he wanted to attend the University of Maryland School of Law. He was rejected based upon his race. The university suggested that he study at a law school located out-of-state. This was the first case of the National Association for the Advancement of Colored People (NAACP) that would be used to attack the “separate but equal” doctrine. Murray’s attorney Thurgood Marshall said that Maryland failed to provide a “separate but equal” education required by the Fourteenth Amendment. He said that another state could not provide him with the education that would prepare him for a future as an attorney in Maryland. This was due to the fact that laws differ from state to state. There was a unanimous decision in this case in the affirmative. This decision did not outlaw segregation in education in Maryland, but noted that they had a requirement to fill under the Fourteenth Amendment. =====

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<span style="font-family: Verdana,Geneva,sans-serif;">This impacts education today because Universities cannot deny anyone. They must accept all students who meet their requirements and cannot base it solely on race or ethnicity. =====

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<span style="color: black; font-family: Verdana,Geneva,sans-serif; font-size: 10.5pt;">This case alleges that the Board of education put into their policy that all activities and in all public schools in the district are required to salute the flag as part of their program. Every school was to comply with the policy. If they didn’t comply with the policy, it would be a violation of policy and mean expulsion from the school. =====

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<span style="color: black; font-family: Verdana,Geneva,sans-serif; font-size: 10.5pt;">The decision on this case was made in June 14, 1943. This case was taken to the Supreme Court of the United States. It rested its decision on the First Amendments of the United States Constitution, which protects the rights of students. They can’t be forced to salute the American flag or say the pledge of Allegiance =====

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<span style="color: black; font-family: Verdana,Geneva,sans-serif; font-size: 10.5pt;">This case states that parents of public or private schools could receive reimbursement if they sent their children on buses driven by public transportation systems. Children that went to religious schools were also qualified in the state of New Jersey. =====

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<span style="color: black; font-family: Verdana,Geneva,sans-serif; font-size: 10.5pt;">The court’s decision on Feb. 10, 1947 by the Supreme Court of the United State stated that the law did not violate the Constitution of the United States. The reimbursements were given to all parents and not religious groups. =====

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<span style="font-family: Verdana,Geneva,sans-serif;">http://landmarklegalcasesineducation.wikispaces.com/1947-Everson+v.+Board+of+Education =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">This case alleges that a number of minors are not able to attend public school of the State of California. California schools had determined that minor citizens of Mexican/Latin decent were denied the privilege of attending public schools. They stated that all citizens are taxpayers, good moral habits, not suffering disabilities, or infectious disease, are qualified to be admitted. The court found that the minor students could attend free public schools. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 110%;">The decision on this case was made on February 18, 1946. This case ended school segregation of Mexicans in California’s public schools. This also impacts us today to let everyone no matter what race we are. This is another case that makes the case for Brown vs Brown stronger. =====

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<span style="font-family: Verdana,Geneva,sans-serif;">In Topeka, Kansas, a black third-grader named Linda Brown had to walk one mile through a railroad switchyard to get to her black elementary, even though a white elementary school was only seven blocks away. Her father tried to enroll her in a while elementary school but the principal refused. The case went all the way to the Supreme Court and it was unanimously decided that students should not be segregated within public schools. It did not abolish segregation in other public areas like restaurants and restrooms but it did require desegregation of public schools. It still took quite a few years to desegregate all of the schools though. =====

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<span style="font-family: Verdana,Geneva,sans-serif;">All students can be blessed to receive a public education experience wherever they live. Schools are richly diverse and have a number of different demographics within the school setting. Students can learn with others from different backgrounds and learn from them. This allows students to learn about different cultures and heritages. It levels the “playing field” and allows all students to receive public education. =====

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<span style="font-family: Verdana,Geneva,sans-serif;">– This case guaranteed the constitutional rights of students in public schools, and would give what is known today as the Tinker test, a test to determine if schools disciplinary actions are in line with a student’s first amendment rights. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 16px;">1965 Des Moines, Iowa the last days of school before Christmas break three students wanted to wear black armbands to school to protest the Vietnam War and to support the Christmas truce that had been called for by Senator Robert F. Kennedy. Students John Tinker (15), his sister Mary (13), and a friend Christopher Eckhardt (16) wore the armbands to school knowing it was a violation of policy adopted by school principals in Des Moines. They wore them, and were suspended until after January 1, 1966. A suit was filed after the families were approached by the Iowa Civil Liberties Union and the ACLU and offered their help. The parents then filed suit in U.S. District court. Because of a tie in the local court, they were forced to appeal to the U.S. Supreme court. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 16px;">The court decided in 1969 that a student’s rights were not left on the steps of the school. A student had all first amendment rights within the school also. If a school is to sensor a student’s rights, then there must be a constitutional reason, not just for the school to avoid a uncomfortable situation. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 16px;">[|http://www.uscourts.gov/EducationalResources/ConstitutionResources/LegalLandmarks/] [|LandmarkSupremeCourtCasesAboutStudents] [|.aspx] =====

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<span style="color: #333333; font-family: Verdana,Geneva,sans-serif; font-size: 16px;">– A teacher had caught a student smoking in the girl’s restroom. Smoking was allowed at the school, just in designated areas. She was questioned and searched. Given parole, and the courts said her rights were not violated. =====

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<span style="color: #333333; font-family: Verdana,Geneva,sans-serif; font-size: 16px;">After being caught, she was taken to the principal’s office, questioned, and had her purse searched after denying any involvement. The principal found paper rolls, marijuana, pipes, a roll of money, and a dealer list. The girl’s mom voluntarily drove her to the police station. She confessed at the police station and was given a year’s probation from juvenile court. The state court later overturned this stating that her rights were violated. The state of New Jersey asked that the Supreme Court hear its appeal. The court concluded that a school search is allowed under the 4th amendment as a reasonable search without probable cause, as long as it is backed by reasonable suspicion. =====

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<span style="color: #333333; font-family: Verdana,Geneva,sans-serif; font-size: 16px;">Students do have rights to privacy at school, but children’s rights are not the same as adults and schools are responsible for maintaining a certain level of discipline needed for education. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 16px;">[] =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 16px;">- The principal at Hazelwood East High school in St. Louis Missouri, had received the school's newspaper for editing and found two articles inappropriate. The students argued that he was taking away their first amendment rights to have their freedom to speak their minds. The Supreme Court would disagree. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 16px;">The newspaper had two articles in it, one on divorce and one on teen pregnancy. The principal excluded these due to their not being enough time to re-write some items contained in them. This allowed the paper to still be published and not be canceled. The newspaper was funded entirely through the school district. Three former students brought this to the courts. The courts explained that the first amendment did not guarantee rights to particular types of speech. They went on to say that a school is allowed to set standards for student speech, allowing a school to withhold articles that did not meet the schools value system. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 16px;">Schools are able to censor student newspapers if they can justify their decision is based on an educational purpose. School administration cannot censor based alone on their opinion. =====

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<span style="font-family: Verdana,Geneva,sans-serif; font-size: 16px;">[] =====