607 Law: Module 2

Can public school officials discipline students who post derogatory comments about the school or school officials on the Internet? Regulating Internet speech is an emerging issue, and there is no answer yet. No, unless the posting constitutes cyberbullying of another student or a true threat to a student or staff member.

No, unless the posting constitutes cyberbullying of another student or a true threat to a student or staff member.

Do students in public schools have the same right of free speech as the general public? Yes, the free speech rights of public school students, unlike private school students, cannot be infringed. No. Although public school students do not shed their constitutional right of free speech in school, public schools can regulate student speech that disrupts classwork, involves substantial disorder, or invades others' rights.

No. Although public school students do not shed their constitutional right of free speech in school, public schools can regulate student speech that disrupts classwork, involves substantial disorder, or invades others' rights.

Can public school students ever sing a religious song at a school activity such as a concert, assembly or talent show? a.It depends. Songs with religious content may be permitted as individual religious expression and not as government-sponsored religion, if the performance is voluntary and is not speech that is attributable to the school. No. Allowing any songs with religious content would be a violation of the constitutional separation of church and state.

It depends. Songs with religious content may be permitted as individual religious expression and not as government-sponsored religion, if the performance is voluntary and is not speech that is attributable to the school.

May New Jersey public school students be required to salute and pledge allegiance to the U.S. flag? Yes. New Jersey law requires that students recite a daily pledge of allegiance, and salute the flag. No. Even though New Jersey law requires that students stand, recite a daily pledge of allegiance, and salute the flag, students who have conscientious scruples against the pledge or salute are not required to stand for the flag salute, recite the pledge or salute the flag.

No. Even though New Jersey law requires that students stand, recite a daily pledge of allegiance, and salute the flag, students who have conscientious scruples against the pledge or salute are not required to stand for the flag salute, recite the pledge or salute the flag.

Can a DYFS investigator prohibit the school principal or principal's designee from sitting in on a DYFS interview with a student? Yes. It is up to the DYFS investigator who is present for the interview. No. N.J.A.C. 6A:16-11.1 provides that accommodations must be made permitting the interview of the student to take place in the presence of the school principal or other designated school official.

No. N.J.A.C. 6A:16-11.1 provides that accommodations must be made permitting the interview of the student to take place in the presence of the school principal or other designated school official.

School officials may conduct searches at school functions which are off school premises. True. The basis for providing school authorities with the authority to conduct a student search is to provide a measure of protection for the general student population. This extends to school functions for which school districts have direct or indirect responsibility. False. School officials have no authority to conduct school searches off school premises. Only law enforcement may conduct such a search.

True. The basis for providing school authorities with the authority to conduct a student search is to provide a measure of protection for the general student population. This extends to school functions for which school districts have direct or indirect responsibility.

May a New Jersey board of education adopt a policy mandating that public school students wear a uniform to school? No, public school students cannot be forced to wear uniforms. Yes, New Jersey allows boards of education to adopt dress code policies that require students to wear uniforms.

Yes, New Jersey allows boards of education to adopt dress code policies that require students to wear uniforms.

Are suspended students entitled to receive any educational services? No, educational services are suspended for the period of suspension. Yes, alternate educational services must be provided within five school days of the suspension.

Yes, alternate educational services must be provided within five school days of the suspension.

May public school officials restrict student speech at school that encourages the use of illegal drugs? Yes, if it is reasonable to interpret the speech as encouraging illegal drug use. No, because students have free speech rights, even on controversial topics.

Yes, if it is reasonable to interpret the speech as encouraging illegal drug use.

Can a public school student be disciplined for behavior that occurs away from school premises? Yes, if the conduct causes or reasonably may cause a material and substantial disruption in the operation of schools and has the potential to impact the health of safety of students or staff. No, that would violate the student's right of privacy.

Yes, if the conduct causes or reasonably may cause a material and substantial disruption in the operation of schools and has the potential to impact the health of safety of students or staff.

If a teaching staff member in a public school suspects that a student is under the influence of alcohol or illegal drugs, the principal must do which of the following: a. Contact the parents and inform them the child is suspected of being under the influence and that the student must either be picked up immediately by the parent and taken for an immediate medical examination or the district will itself arrange for an immediate medical examination of the student and have the nurse examine the student to assess the student's medical condition (although the student will be sent out for a medical examination no matter what the nurse determines). b. Contact law enforcement and let the police decide what steps to take next. c. Ask the parents what they would like the district to do and abide by the parents' decision. d. Have the nurse and principal examine the student and send the student for a medical examination if both agree the student may be under the influence.

a. Contact the parents and inform them the child is suspected of being under the influence and that the student must either be picked up immediately by the parent and taken for an immediate medical examination or the district will itself arrange for an immediate medical examination of the student and have the nurse examine the student to assess the student's medical condition (although the student will be sent out for a medical examination no matter what the nurse determines).

Can public schools conduct random drug testing of students? a. Random drug testing of all students is not permitted. However, public schools can do random drug testing of student athletes, students who participate in extracurricular activities, and students with parking privileges, where the school has a demonstrated history of drug abuse and the policy was adopted following public input. b. No. Public school officials are not law enforcement and do not have the power to authorize random drug testing of students.

a. Random drug testing of all students is not permitted. However, public schools can do random drug testing of student athletes, students who participate in extracurricular activities, and students with parking privileges, where the school has a demonstrated history of drug abuse and the policy was adopted following public input.

Which of the following best describes a school district's duty of care at the time of student dismissal? a. The school district must inform all parents that they have the right to instruct the school that their child should not be allowed to walk home alone. If the parent requests that the child not walk home alone, the school district must honor such a request and not allow the child to walk home alone. b. The school district must provide all parents with access to a school calendar that includes early dismissal days, but has no duty to retain supervision over children at the time of dismissal.

a. The school district must inform all parents that they have the right to instruct the school that their child should not be allowed to walk home alone. If the parent requests that the child not walk home alone, the school district must honor such a request and not allow the child to walk home alone.

Do public school officials have different authority to regulate students' individual speech and student speech that is part of a school-sponsored activity? a. Yes. Public educators may exercise greater control over school-sponsored student expression, such as in school newspapers, plays and assemblies, as long as the restrictions are related to legitimate pedagogical concerns. b. No. Whether the speech is school-sponsored or not, school officials have exactly the same authority to regulate student speech. c. No. Since free speech is such an important constitutional right, public school officials should not regulate speech in any manner.

a. Yes. Public educators may exercise greater control over school-sponsored student expression, such as in school newspapers, plays and assemblies, as long as the restrictions are related to legitimate pedagogical concerns.

Which of the following best describes the authority of school officials to search student lockers? a. A school official may search any individual locker at any time in the school year, as long as all students receive a notice at the start of the school year. b. A school official may conduct random locker searches as long as all students receive a notice at the start of the school year that lockers are subject to random inspection. c. A school official may only inspect a locker when there is reasonable suspicion that a student has violated school policy or the law. d. Only law enforcement may conduct searches of student lockers.

b. A school official may conduct random locker searches as long as all students receive a notice at the start of the school year that lockers are subject to random inspection.

If a public school employee suspects that a student has been neglected or abused, which of the following must occur: a. The district must conduct its own internal investigation and then contact DYFS if the district determines there is probable cause to support the allegations of child abuse or neglect. b. The staff member who suspects abuse or neglect must report their suspicions to DYFS and inform the school principal and the school district must report the suspicion to law enforcement. c. The school district must ask the parents if they wish to have the matter investigated and must honor the parents' decision.

b. The staff member who suspects abuse or neglect must report their suspicions to DYFS and inform the school principal and the school district must report the suspicion to law enforcement.

Can prayer be permitted at public school events such as graduations and athletic events? a. No. This would be an unconstitutional violation of the separation of church and state. b. Yes, since graduation ceremonies and athletic events are not a mandatory part of school and students may choose not to attend. c. It depends. Prayer is permissible if the prayer is initiated by students, is voluntary and does not disrupt the school environment. Prayer is not permissible if the prayer is selected or led by a school representative.

c. It depends. Prayer is permissible if the prayer is initiated by students, is voluntary and does not disrupt the school environment. Prayer is not permissible if the prayer is selected or led by a school representative.

Which of the following best describes the duty of school officials when they become aware that a student is being bullied or harassed? a. The school district must implement its existing policies to try and stop the bullying and harassment, but is not required to do anything beyond that. b. The district must show that it is not "deliberatively indifferent to the bullying and harassment. c. The incident must be reported to the principal immediately, who must then have the anti-bullying specialist initiate an investigation and follow all steps required under the Anti-Bullying Bill of Rights. If the investigation results in a finding that bullying has occurred, the district must take reasonable steps that are calculated to end the bullying and harassment and must revise its policies and procedures if necessary in order to end the bullying and harassment. d. The district must punish the bullies.

c. The incident must be reported to the principal immediately, who must then have the anti-bullying specialist initiate an investigation and follow all steps required under the Anti-Bullying Bill of Rights. If the investigation results in a finding that bullying has occurred, the district must take reasonable steps that are calculated to end the bullying and harassment and must revise its policies and procedures if necessary in order to end the bullying and harassment.

May public schools ever act to prevent students from expressing views at school relating to sexual issues? a. No, because students have a constitutional right to express themselves on any topic. b. No, because students must be able to discuss issues of sexuality that are included in the district's health curriculum. c. Yes, if the student expression is lewd, vulgar, indecent or plainly offensive. d. Yes, because children should not be expressing views about sexuality.

c. Yes, if the student expression is lewd, vulgar, indecent or plainly offensive.

May public school students express views that are directly opposed to school district policies? a. No, because students must follow school policy. b. Yes, if they express their views off school grounds. c. Yes, unless expressing their views will substantially disrupt the work and discipline of the school. d. No, unless they are high school students.

c. Yes, unless expressing their views will substantially disrupt the work and discipline of the school.