District Administration - August 2007 - (Page 22)

BRIEFINGS InsidetheLaw “Bong Hits 4 Jesus” Ruling Underscores Acute Legal Concerns THE SUPREME COURT RECENTLY RULED AGAINST a former high school student in the “Bong Hits 4 Jesus” banner case, which might seem to be a move towards limiting students’ free speech rights, although law experts say the legal boundaries are much more complicated than that when it comes to schools. The National School Boards Association and the American Association of School Administrators applauded the decision. “The Court clearly spoke to the health and the well-being of our students, not their constitutional rights of free speech,” says NSBA General Counsel Francisco Negron. “This decision reafﬁrms the school’s role in regulating messages that are detrimental to student welfare.” AASA Executive Director Paul D. Houston was not surprised by the court’s decision, but says that determining how best to act in such instances of student behavior can be extremely diﬃcult. Suzanne K. Bogdan, an attorney with the Education Practice Group at Fisher & Phillips, one of the oldest and largest law ﬁrms in the country representing management in employment, civil rights and employee beneﬁts, says that the ruling “does not really change the landscape at all,” but she also notes that administrators will almost always face uncertainty when it comes time to act during contentious instances of free speech, with the decisions being made on a case-by-case basis. The case, Morse v. Frederick, dates back to when Joseph Frederick unveiled a 14-foot paper sign on a public sidewalk outside his Juneau, Alaska, high school in 2002 during a school-sanctioned Olympic Torch Relay pass for the Salt Lake City Winter Games. Principal Deborah Morse ordered him to remove the sign and he refused, which led to his suspension and then a lawsuit against the school. AP Images / Evan Vucci By Zach Miners Students hold signs fashioned after the “Bong Hits 4 Jesus” sign outside the Supreme Court. Bogdan says school leaders walk an extremely ﬁne line and “must often make split-second decisions” when considering how to respond during instances of disruptive student behavior concerning free speech. She says that avoiding lawsuits boils down to establishing that the behavior in question is “substantial and material” from a reasonable perspective. What makes a perspective “reasonable” can be diﬃcult to ascertain, for Bogdan feels that, given its tone and the culture we live in, the banner in question was an inappropriate promotion of illegal drug use and that the principal’s response was justiﬁed. She notes, however, that if the banner instead had said “Legalize Marijuana,” the school would have had a much harder case, and the court might have in fact ruled in favor of the student. Bogdan says the best way for school leaders to avoid lawsuits (or win cases) is to become as familiar as possible with ﬁrst amendment cases in schools and hold workshops and sessions so administrators and superintendents can bounce ideas oﬀ one another. FAST FACT U.S. 15-year-olds rank 24th out of 29 nations in math literacy and problem solving. Source: Program for International Student Assessment (PISA) Supreme Court Issues Ruling on School Racial Integration AS REPORTED IN THE FEBRUARY ISSUE OF DISTRICT ADMINIST ration, “Supreme Court Reviews Race in Assigning Schools,” the court has been considering on two school diversity cases, Parents Involved in Community Schools v. Seattle School District No. 1 and Meredith v. Jeﬀerson County Board of Education. Recently it ruled that local school districts may not take voluntary steps to overcome racial inequality and unequal educational opportunities. The ruling could cripple similar plans in hundreds of districts nationwide. District Administration 22 August 2007

Table of Contents for the Digital Edition of District Administration - August 2007

Contents
Editor’s Letter
Letters
News Update
Technology Update
Curriculum Update
Inside the Law
Research Corner
Computer Literature
District Profile
Administrator Profile
Bus Money
DIBELS Draws Doers & Doubters
Report from EduComm 2007
Ins and Outs of Outsourcing
Curriculum Clearance
How Well Does This Web Site Work?
New Products
Problem Solution
Online Edge
Speaking Out
Professional Opinion
Calendar of Events
Understanding the Times

District Administration - August 2007