The case upheld the search of a purse while on public school property based upon reasonable suspicion, indicating there is a balancing between the student's legitimate expectation of privacy and the public school's interest in maintaining order and discipline. In carrying out searches and other disciplinary functions pursuant to such policies, school officials act as representatives of the State, not merely as surrogates for the parents, and they cannot claim the parents' immunity from the strictures of the Fourth Amendment. ![]() Des Moines Independent Community School District (1969), the Supreme Court held that for school officials to justify censoring speech, they "must be able to show that action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint," allowing schools to forbid conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school." The court found that the actions of the Tinkers in wearing armbands did not cause disruption and held that their activity represented constitutionally protected symbolic speech. Des Moines Independent Community School District (1969), when the Supreme Court decided that "conduct by the student, in class or out of it, which for any reason – whether it stems from time, place, or type of behavior – materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech." Adult speech is also limited by "time, place and manner" restrictions and therefore such limits do not rely on schools acting in loco parentis. More prominent change came in the 1960s and 1970s in such cases as Tinker v. Barnette (1943), in which the court ruled that students cannot be forced to salute the American flag. Supreme Court case West Virginia State Board of Education v. The first major limitation to this came in the U.S. ![]() ![]() ( November 2019)Ĭaretakers and management of a boarding school have the duty of care in place of the parent.Įducation Primary and secondary education Ĭheadle Hulme School, originally known as the Manchester Warehousemen and Clerks Orphans Schools, formed in 1855, adopted in loco parentis as its motto, well before the world's first public education act, the Elementary Education Act 1870.
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