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After graduating with a B.S. in Business Administration from Texas A&M - Texarkana, I completed the alternative certification program at Tarleton State becoming a history teacher. I have since taught at Frost High School, and I earned an M.S. in Educational Administration from Tarleton State. By completing administration certification classes at Angelo State, I will become the principal at Frost High School.

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I interviewed Frost ISD Superintendent Mickie Jackson about current legal and ethical issues impacting herself and subordinate administrators.

#1:  Though she and other Frost administrators stay current on legal and ethical issues from the Texas Education Agency e-mails, e-mails and workshops from the Regional Service Center and other sources including Frost's participation in an area special education cooperative, some issues are learned through experience.  Issues may arise necessitating analyzing the Texas Education Code and seeking legal advice from the district's retained representation.  This year, for example, FHS encountered a gun accidentally left in a vehicle and being brought to campus, a student arrested and charged with a felony for an off-campus crime, and placing a teacher on administrative leave.

#2:  School policy is sometimes changed to prevent ethical and legal issues from arising.  Frost ISD does not allow cell phones to be used by students during the instructional day unless noted in a teacher's lesson for an activity like using a quiz app or using Google translator to assist a non-English speaker.  By doing so Frost hopes to minimize potential legal and ethical issues with inappropriate photographs, cyber-bulling, and interruption of instruction.

#3:  Administrators must routinely monitor compliance to legal requirements.  Graduation plans, curriculum and course offerings, assessment, special populations (Special Education, 504, ESL, GT), and truancy are few that demand attention.

#4:  Due to the implementation of David's Law this past school year, Frost had assess how it has responded to reports of bulling and where it needed to improve to be legally compliant.  A new system for investigation was implemented.  The school is now also, by law, responsible to  investigate evidence of bullying on social media or electronic devices even if the bullying was not during school hours or away from school property.

#5:  Confidentiality is one the biggest concerns for Mrs. Jackson.  Community members and even teachers often believe that they should know information because of their position or relationship to a person.  Many times gossip spreads, but due to confidentiality laws like Family Equal Right and Privacy Act (FERPA), the district administrators, faculty, and staff must remain silent.  Social media often feeds speculation.  Mrs. Jackson notes "in perfect world people would realize when issues are none of their business."
(M. Jackson, personal communication, June 7, 2018)

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Patte Barth created a blog on the website of the National School Boards Association (NSBA).  As director of the NSBA's Center for Public Education, she questioned how much freedom of speech were students entitled.  She notes students freedom of speech can be curtailed if it is "disruptive, dangerous, or damaging to other students".   She notes that there are no clear boundaries set, nor court cases challenging school responses to student walk-out protest following the Parkland shootings.

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Can a high school athlete take a knee during the national anthem? Can teachers participate in off-campus political action? Is student protest protected speech?

We Americans are accustomed to speaking our minds with the expectation that we won't be arrested or silenced no matter how unpopular our words. While there are a few, narrow limits to the practice - we can't defame with malice or incite others to violence, for example - it's no accident that the freedom to speak, publish, worship and assemble appears first among the Constitution's 27 amendments. The founders recognized that a republic could not survive by suppressing the free exchange of ideas. As George Washington cautioned, "[T]he freedom of speech may be taken away, and dumb and silent we may be led, like sheep, to the slaughter."

As a taxpayer supported public institution, public schools are bound to honor the amendment's protections for employees and students. At the same time, public schools have a special responsibility for the care of their young charges, which includes assuring a safe and orderly learning environment. In a school setting, maintaining the latter can at times call for restricting the former if the action is disruptive, dangerous or damaging to other students. A student is free to express a political opinion during class, for example, but not to broadcast it over the PA during schoolwide testing.

Unfortunately, there aren't always bright lines between student speech that is allowed and speech school leaders are able to suppress. We are witnessing the conundrum play out in real time as high school students across the nation are staging walkouts to call for better gun laws in the wake of the Parkland, Florida mass school shooting. The reaction by school leaders has been varied. Some are instituting disciplinary measures for students who leave campuses. Others have chosen to not interfere with the protest. For now, there is no single, court-tested response.

The Center for Public Education (CPE) has its own anecdotal evidence that educators and parents are hungry for guidance on how far First Amendment rights extend inside public schools. In 2006, we asked school law attorney Edwin C. Darden to develop a series of " explainers"  on Constitutional rights and schools. Twelve years later, his evergreen essays continue to be relevant and show up among our top-visited pages on CPE's website.

Our colleagues in NSBA's general counsel's office now provide even more legal clarity to the question. "Coercion, Conscience, and the First Amendment: A legal guide for public schools on the regulation of student and employee speech", answers a lot of educators' frequently asked questions about where to draw the line between student and employee rights, and providing a productive and safe place for students to learn. You can access the guide at https://www.nsba.org/coercion-conscience-and-first-amendment
by Patte Barth, Director of NSBA's Center for Public Education. This blog first appeared on the Center's website at http://blog.centerforpubliceducation.org/2018/02/22/the-first-amendment-and-public-schools/

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Can a high school athlete take a knee during the national anthem? Can teachers participate in off-campus political action? Is student protest protected speech? We Americans are accustomed to speaking our minds with the expectation that we won't be arrested or silenced no matter how unpopular our words.

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How do principals find resources to make decisions that are legal? Herberto Hinojosa, a principal at Fabra Elementary in Boerne, Texas, created this blog on the National Association of Secondary Schools (NASSP) website. He advises to refer to local sources like fellow administrators and, if necessary, the school's legal counsel before making a decision. School board policy should be adhered to, and principals should document meetings and conferences. He notes another source is findalaw.com. Here principals can find United States laws regarding education. He closes his blog with eight scenarios a principal may have to deal with and questions what can a principal legally do?

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Guest post by Heberto Hinojosa
From small rural to large urban schools across the country, school administrators make hundreds of daily decisions that impact their school communities. We know that these decisions must be led by the overarching question of what is best for our students. However, an equally important component of decision making is the consideration of the legal implications of our actions.

Being an active principal as well as teaching school law to over 100 aspiring principals in the last few years has given me a broad perspective on which education laws are stressed, overlooked, or unclear to different school districts. Throughout course discussions, students in the program share their experiences with the topic, which range from student discipline and special education (which are the most litigated areas of school law), to religion in school, student and educator privacy issues, and more.

Whether decisions are made quickly or with time to process, understanding how school law should guide your decision making will protect you and your campus from any legal issues.

Referring to a local resource is always an important step in helping you respond to legal scenarios. A fellow administrator, human resources support, or your school's legal counsel are good points of contact. It's also helpful to be proficient with your school board policy, and as you gain experience with it, making decisions according to code will become much easier. Remember to document along the way, as well as to collect statements from all parties involved.
Now let's get in legal mode and put your skills to the test: Respond to the following scenarios shared by current educators and post your decisions in the comments below. Discipline
In addition to tapping into your local resources, Findlaw.com is an excellent public domain site that has been very beneficial to me over the years. It offers easy search tools and sections for the U.S. Supreme Court, U.S. Constitution, and U.S. Statutes. Findlaw also offers a legal dictionary, which is a great way to figure out what legal terms mean. Any state-specific legal resources are likely available through your state association.

1. Your ELA teacher is trying project-based learning after setting up her flexible learning environments. Two students who were in an open space area begin fighting. Other students notify the teacher, she calls you, and you handle it. Two days later,the parents of one of the students send you and the teacher an email stating that they will be suing you for not monitoring the classroom What do you do?

Teacher Contracts
2. Even after calling home, moving seats, and speaking with a disruptive student, he continued to be disrespectful and was written up for throwing a notebook across the room. Once in the office, you assign him in-school suspension for the remainder of the day and inform him he will not be able to play in tonight's basketball game. When you call and inform his parents, they rush to the office demanding that you change your decision or they will go to the school board and superintendent as well as sue you if he does not play. What do you do?

3. A coach with 26 years of experience and on a term contract has missed morning duty multiple times and stayed in his office while other coaches go out with the athletes. When he does go out, he uses profanity and is very negative. Two coaches come to you with concerns. What do you do?
Religion in School
4. A parent comes to your office and shows you Facebook messages between their 16-year-old son and an art teacher with a term contract on your campus. The messages are highly inappropriate and of an intimate nature. What do you do?

5. Your school's volleyball coach is also a Christian athlete's sponsor. While doing a walk through in her classroom, you see that she has a poster promoting an upcoming meeting as well as a section of her classroom wall covered with bible verses. What do you do?
Student Searches
6. A world history teacher recently gave an assignment for students to research a religion of any culture that has been studied in class. A group of students chose to study Islam. When a boy's parents found out they became angry and called to meet with you. They claimed that the teacher has no right promoting other religions in school and would like you to investigate. They state that they will go to the media as well as the school board. What do you do?
Special Education
7. You receive a report that there is a strong odor coming out of the boy's restroom. As you approach to investigate, two students are leaving. You ask them to stop, determine that the strong odor is marijuana, and walk the students to the office. Once in the office you search their bags and find a small bag of marijuana and a lighter. You call one boy's parents and they immediately become defensive, stating that you had no right or permission to search his bag without their consent. What do you do?
How do you think you would handle these scenarios? Please share your decisions in the comments. What are the legal resources you would use to guide your decision making? Dr. Heberto Hinojosa is the principal of Fabra Elementary School in Boerne, TX, and the 2016 Texas Assistant Principal of the Year. He also teaches school law at Schreiner University.
8. Two students stole money from the school's snack bar. One is a regular education student and the other receives special education services. What process do you take to determine consequences for each student?

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Legal Scenarios in Schools: Fine Tune Your Decision Making

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Guest post by Heberto Hinojosa From small rural to large urban schools across the country, school administrators make hundreds of daily decisions that impact their school communities. We know that these decisions must be led by the overarching question of what is best for our students.

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Barth, Patte. (2018, February 22).  The first amendment and public schools.  Retrieved from www.nsba.org/newsroom/first-amendment-public-schools

Hinojosa, Herberto. (2016, May 3). Legal scenarios in schools: fine tune your decision making. Retrieved from blog.nassp.org/2016/05/03/legal-scenarios-in-school-fine-tune-your-decision-making

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When searching educational professional association websites, the title of Patte Barth's blog sparked my interest. I began to wonder about the legality of student expression like protest, hair, dress, and speech. This is interesting because student expression should not disrupt or interfere with student learning - those expressing themselves or others in the classroom or around campus. I hoped her blog post would provide insight into this matter.

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By: Wood, C. Eric. Texas Journal on Civil Liberties & Civil Rights. Fall2009, Vol. 15 Issue 1, p101-140. 40p. , Database: Texas Reference Center

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Angelo State University - Library Online Resources

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Unauthorized use is prohibited; Usage may be subject to security testing and monitoring; Misuse is subject to criminal prosecution; No expectation of privacy except as otherwise provided by applicable privacy laws.

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Culver, Kathleen Bartzen.  Let Them March Schools Should Not Censor Students.  Education Week, 2018, June 11.  Retrieved from https://www.edweek.org/ew/articles/2018/03/09/let-them-march-schools-should-not-censor.html

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Commentary

Student walkouts have protections under the First Amendment

School administrators across the country have a choice to make this week. Judging from pre-emptive censorship efforts in two districts, some of them are going to get it wrong.

To mark the one-month anniversary of the Feb. 14 deadly school shooting in Parkland, Fla., students nationwide plan to walk out of school for 17 minutes to demand their state and local representatives address gun violence. Students, who are among the organizers of the ENOUGH National School Walkout on March 14 and a separate day-long National School Walkout on April 20, are using social media to rally classmates. In a statement posted to Instagram and Facebook, student organizers call their joint efforts "part of an escalating force in a longer fight."

Yet, in at least two school districts, administrators are seeking to silence student voices with threats of discipline. In a now-deleted public Facebook post, Superintendent Curtis Rhodes of the Needville Independent School District, near Houston, warned against student participation in any type of protest during school hours. He threatened a three-day suspension for any participating student because, he wrote in the post, students "are here for an education and not a political protest."

A letter to the district's families also declared that parents' notes excusing students would not alleviate the discipline. Three civil rights groups have since sent their own letter to Rhodes protesting his stance. A similar pre-emptive communication in the Waukesha school district in Wisconsin sought to assure parents that it did not organize or condone walkouts.

The censorship efforts raise two intriguing legal questions. First, are these acts of expression protected under the First Amendment? And, second, what rights do parents have to support their children's efforts in the face of school or district discipline?

We can address the first question with the landmark 1969 U.S. Supreme Court case Tinker v. Des Moines. The case involved a group of Iowa high school students, including siblings Mary Beth and John Tinker, who wore black armbands to school in support of a truce during the Vietnam War. Tipped off to the students' intentions, the school district passed a policy prohibiting the action. The Tinkers sued the district, and their case made it to the highest court in the land, where they won.

Justice Abe Fortas, writing for the majority in the case, noted that the right to free expression did not end "at the schoolhouse gate" but could be regulated if such expression causes a "material and substantial" disruption to the school day. But schools should use that regulation sparingly, as "undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression."

Does a planned, peaceful protest-as this week's walkouts advocating stricter gun laws and increased school safety measures are slated to be-pose the threat of disruption? The high court's clear guidance to schools is to consider the realistic possibility of disruption. In that process, schools have the space to explore how they might work around disruption and still allow the experience of pure political speech like armbands, speeches, or walkouts.

The second question, regarding parents' rights, calls for separate analysis. The decision by some schools to ignore parental consent for their child to miss class for a walkout runs counter to many existing absence policies. Any parent with a child in braces recognizes the need to take her out of school for an appointment. Parental permission to be out for protest, these districts appeared to propose, is not the same.

The judicial record would disagree. While all 50 states and the District of Columbia have compulsory education laws to ensure an educated citizenry, the U.S. Supreme Court has upheld the rights of parents to choose where their children get that education and barred schools from forcing students to express ideological sentiments that conflict with their family's deeply held beliefs.

In the case of walkouts, parents are supporting a foundational purpose of education-the creation of the citizen-by endorsing civic engagement. The students are not walking out in some act of youthful arrogance or privilege to, say, demand WiFi in school so they can use Snapchat. Instead, the student organizers write in their statement, they want to "send a strong message to our elected officials that we want to be safe, particularly in our schools."

Isn't this also exactly the kind of civic participation schools should be encouraging? We often focus on the legal aspects of free expression, yet there's also an ethical argument. No doubt districts have a responsibility to ensure orderly schools. But as anchors within their communities and vital child-development spaces, schools have a broader mission to help students emerge as participants in their democracy.

The First Amendment is often about what government cannot do-in this case, censor student expression without proof of disruption. Yet, the First Amendment is also about what government can do. As Justice Fortas reminded schools, they are not "enclaves of totalitarianism," nor are students "closed-circuit recipients of only that which the State chooses to communicate." In this case, school districts can and should allow students the right to political speech within reasonable limits.

This links to an element of the Tinker case that is often forgotten: Mary Beth and John's little sister, Hope, who was in elementary school at the time, also wore a black armband. Though the school did not discipline her, she did face teasing on the playground. Her teacher, Linda Ordway, stood up for her-and for the First Amendment.

That's exactly what educators should be doing today. The students have said, "We want to learn. We want to live. Please support us." Educators have no need to support the content of students' expression. But in a free society, they have every obligation to stand up for their students' right to speak.

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Let Them March: Schools Should Not Censor Students

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Commentary School administrators across the country have a choice to make this week. Judging from pre-emptive censorship efforts in two districts, some of them are going to get it wrong. To mark the one-month anniversary of the Feb.

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The article by Eric Wood in the Texas Journal of Civil Liberties and Civil Rights interested me.  Nevertheless, I did not find the full article but an abstract.  The abstract noted that issues over student expression has involved religious expression including those among Native American students.
Culver brings up Tinker v. Des Moines for her basis of letting students protests over gun regulation following the Parkland shootings. She believes this type of protest should encouraged to promote civic participation. I disagree with her. Why can't student protest after school so as not to disrupt the instruction? How many students joined in the band-wagon effect? What if the students protested for open-carry of guns - would she still be supportive of the walk-outs?