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Behavior Problems In Schools Due To Lack Of Discipline

2474 words - 10 pages

Parents and students seldom dispute the disciplinary actions of school authorities up until the late 1960s. Schools are a place considered to provide instruction, instill good value, and inspire the morals of our nation (Arum 60). The courts decided that it was important to give teachers and school administrators’ authority over student behavior. The authority initiated from the English common law concept of in loco parentis which means in place of the parent. This law allowed parents to give school personnel a given amount of control over their children when they place their children in school (Yell 8). This gave administrators and teachers the ability to guide, correct, and discipline in an orderly and effective learning environment while maintaining practical control of students as they do their job teaching. Loco parentis implies that teachers and administrators have a responsibility to see that school order is maintained by requiring students to obey reasonable rules and commands, ensure others rights are respected, and conduct themselves in a safe and orderly manner while at school (Yell 8). Students are supposed to know what behaviors are acceptable or forbidden. They need to be accountable if they refuse to comply with reasonable school rules by behaving in prohibited ways. Holding the students accountable, means the violators will be subject to disciplinary measures or consequences.
As students civil rights revolution evolved, and the increase of these rights emerged, parents and students, began to question, undermine, and challenge school disciplinary practices in court with the help of lawyers in the public’s interest. The timeframe for drastic school discipline changes began around 1969. The Supreme Court ruled how students are allowed to be disciplined in public schools. (Josh 2). The first major case to reach the Supreme Court was the case of Tinker v. Des Moines, the high court stated that the “students do not shed their Constitutional rights at the schoolhouse gate.” (Yell 8). Along with that, the Court also held that school officials should not possess absolute authority over the students. (Yell 8).
The Supreme Court provided yet another ruling regarding student right to due process in 1975 with rulings in Goss v. Lopez and Wood v. Strickland. All students have rights in disciplinary matters based on the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution with this ruling (Yell 8). These amendments forbid states from depriving any person of life, liberation, or property without due process of law. Individuals now have the right to be notified of the charges against them and the right to attend a hearing in which they can tell their side of the story in which actions may lead to such a deprivation. This also enforced personal liability, and damages to any school educator that knowingly violates the student’s rights. Many educational staff was facing lawsuits and consequences to their career...

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