copyright © allyn & bacon 2008 chapter 4 national security and school safety this multimedia...

Copyright © Allyn & Bacon 2008

Chapter 4 National Security Chapter 4 National Security and School Safetyand School Safety

This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.including the extraction, in whole or in part, of any images; any rental, lease, or lending of the program.


National security and school safety National security and school safety have had a significant impact on the have had a significant impact on the administration and operation of administration and operation of public schools.public schools.

School safety is a major concern School safety is a major concern because schools are presumed to be because schools are presumed to be “safe places” by the courts.“safe places” by the courts.


National and school safety creates National and school safety creates policy implications for school leaders.policy implications for school leaders.

Contingency plans should be Contingency plans should be developed, simulated and developed, simulated and implemented as the need arises to implemented as the need arises to address, anticipate or foresee events address, anticipate or foresee events that may threaten school safety.that may threaten school safety.


USA Patriot ActUSA Patriot Act

While the intent of this act is to While the intent of this act is to address potential terrorist acts in the address potential terrorist acts in the United States, it does implicate United States, it does implicate public school in the following public school in the following manner:manner: School leaders are required under School leaders are required under

authorized investigations by the FBI to authorized investigations by the FBI to produce books, records, paper produce books, records, paper documents or other items.documents or other items.


Probable cause is not required.Probable cause is not required. Information related to Internet usage, Information related to Internet usage,

including email addresses, may be including email addresses, may be monitored without offending privacy monitored without offending privacy rights.rights.

The FBI may obtain information under The FBI may obtain information under the Family Education Rights and the Family Education Rights and Privacy Act without consent of parents Privacy Act without consent of parents or legal guardians.or legal guardians.


No Child Left Behind and No Child Left Behind and School SafetySchool Safety

Under the No Child Left Behind Act, Under the No Child Left Behind Act, school safety also has become a school safety also has become a majority priority for local school majority priority for local school districts, which must provide districts, which must provide assurances that plans are on file assurances that plans are on file regarding steps schools will initiate regarding steps schools will initiate to maintain safe and drug-free to maintain safe and drug-free environments.environments.


Handling Violence in SchoolsHandling Violence in Schools

With the presence of gangs in With the presence of gangs in schools, school leaders are schools, school leaders are encountering pressures from encountering pressures from parents, citizens, and school boards parents, citizens, and school boards to provide a safe environment where to provide a safe environment where teachers can teach and students can teachers can teach and students can learn.learn.


Added to these pressures is the view Added to these pressures is the view of the courts that schools are “safe of the courts that schools are “safe places” based on the assumption places” based on the assumption that children are supervised by that children are supervised by licensed and well-trained teachers licensed and well-trained teachers and administrators.and administrators.


BullyingBullying

Bullying is associated with many Bullying is associated with many acts of violence in public schools. acts of violence in public schools.

Bullying generally involves Bullying generally involves intentional cruel behavior between intentional cruel behavior between the person who exhibits this the person who exhibits this behavior and the same students behavior and the same students who are victims of bullying who are victims of bullying behavior. behavior.


There is often a pattern of repeated There is often a pattern of repeated anti-social behavior toward others anti-social behavior toward others but bullying may also involve a but bullying may also involve a single incident. single incident.

A bully, depending on the A bully, depending on the circumstances, may be charged circumstances, may be charged criminally if he/she exceeds age criminally if he/she exceeds age twelve. twelve.


Gang Characteristics and Gang Characteristics and MembershipMembership

Gangs are best described as groups Gangs are best described as groups of individuals involved in unusually of individuals involved in unusually close social relationships.close social relationships.

They share a common collective They share a common collective identity expressed through a gang identity expressed through a gang name.name.

Gangs adopt certain symbols or signs Gangs adopt certain symbols or signs and claim control over a certain turf and claim control over a certain turf or territory.or territory.


Gang DressGang Dress

Gang members tend to wear specific Gang members tend to wear specific apparel or colors to convey gang apparel or colors to convey gang affiliation.affiliation.

Where gang activity has been Where gang activity has been prevalent in the school or community prevalent in the school or community and there is clear knowledge that and there is clear knowledge that certain types of dress are associated certain types of dress are associated with disruptive gang activity, school with disruptive gang activity, school officials may prohibit such dress.officials may prohibit such dress.


Duty of Care and Duty of Care and Gang ViolenceGang Violence

Based on foreseeability, school personnel Based on foreseeability, school personnel are expected to exercise the standard of are expected to exercise the standard of care that any other reasonable professional care that any other reasonable professional would exercise under the same or similar would exercise under the same or similar circumstances.circumstances.

If school officials are aware of gang If school officials are aware of gang presence in their schools, there is a greater presence in their schools, there is a greater expectation for monitoring gang activity; expectation for monitoring gang activity; consequently, the standard of care is higher consequently, the standard of care is higher based on prior knowledge of gang presence.based on prior knowledge of gang presence.


School Uniform Dress Policies, School School Uniform Dress Policies, School Safety, and Students’ Freedom of Safety, and Students’ Freedom of

Expression RightsExpression Rights Many school officials in their desire Many school officials in their desire

to create and maintain safe schools to create and maintain safe schools have developed uniform dress code have developed uniform dress code policies for students.policies for students.


As school uniform policies are drawn As school uniform policies are drawn by school leaders, it is prudent that by school leaders, it is prudent that they be mindful of the freedom of they be mindful of the freedom of expression rights of students.expression rights of students.

Policies that do not recognize these Policies that do not recognize these rights are risky at best and may rights are risky at best and may result in legal challenges and result in legal challenges and unnecessary legal costs to school unnecessary legal costs to school districts.districts.


Drug TestingDrug Testing

Until the mid 1990s, no case Until the mid 1990s, no case involving drug testing in public involving drug testing in public schools had been litigated by the schools had been litigated by the U.S. Supreme Court.U.S. Supreme Court.

Vernonia School District v. ActonVernonia School District v. Acton, , however, reached the Supreme Court however, reached the Supreme Court when the Ninth Circuit Court when the Ninth Circuit Court reversed the district court’s holding reversed the district court’s holding for the school district.for the school district.


Under the district’s policy, all student Under the district’s policy, all student athletes were required to provide a athletes were required to provide a urine sample at the beginning of the urine sample at the beginning of the season for the particular sport in season for the particular sport in which they participated.which they participated.


Alcohol and Alcohol and Breathalyzer TestingBreathalyzer Testing

School officials may, based on school School officials may, based on school or district policy, administer or district policy, administer breathalyzer testing where there is breathalyzer testing where there is an immediate concern regarding an immediate concern regarding students under the influence of students under the influence of alcohol during voluntary school-alcohol during voluntary school-sponsored events.sponsored events.


School officials will likely succeed in School officials will likely succeed in initiating a breathalyzer test to any initiating a breathalyzer test to any student if they have reasonable student if they have reasonable suspicion that the student is under suspicion that the student is under the influence of alcohol.the influence of alcohol.


Reasonable suspicion may be Reasonable suspicion may be established if school officials detect established if school officials detect the smell of alcohol on a student or the smell of alcohol on a student or observe behavior that might suggest observe behavior that might suggest a student is intoxicated, such as a student is intoxicated, such as slurred speech or impaired motor slurred speech or impaired motor control.control.

copyright © allyn & bacon 2008 chapter 4 national security and school safety this multimedia...

Documents