Chapter 4: National Security and School Safety

I.
A.
1.
a)
2.
3.
B.
1.
a)

b)
C.
1.
2.

II.

USA Patriot Act/Homeland Security

Purpose/Facts
Enacted after September 11, 2001
National security and safety have taken center stage since the tragic events of September 11th
Authorizes U.S. law authorities to investigate and preempt potential terrorist acts in the United
States and around the world (no probable cause)
Defines terrorism as coercion or intimidation involving the government and American citizens
FERPA Family Educational Rights and Privacy Act amended under this act
How schools have been influenced
Does not require a school official to record a disclosure of information from a students record
when the school makes that disclosure pursuant to an ex parte order (a proceeding for the
benefit of one party)
Schools dont need consent or knowledge of parents to disclose information: such as books,
records, paper documents, internet usage, e-mail addresses
Great Controversy
The governments expanded powers highlight the risks of balancing national security against
individual rights
Critics say the act infringes on free speech, freedom of the press, human rights, and rights to
privacy.

School Safety
A. No Child Left Behind Act (NCLB)
1. Requires local school districts now have plans on file regarding steps school will initiate to
maintain safe and drug-free environments
B. National School Safety Center (NSSC)
1. Guidelines to enhance safety
a) School Mission Statement to have a safe learning environment, this creates a powerful effect
on the validity and credibility of schools effort to create and preserve a safe environment. If
courts see schools as safe places, they need to ensure they are doing everything they can to
keep it that way
2. Procedures for evaluating and responding to threats
a) Make sure staff is vigilant and aware of issues and policy
b) Know the threats and appropriate action abatement strategies (termination of a law suit)
c) Follow leads, help students, get parents involved, professional help when needed
d) Create a trusting environment
3. Identify potential disasters and threats
4. Control campus access
5. Identify assigned roles and responsibilities for security
6. Identify whom to call during a crisis situation
7. Provide cultural awareness and sensitivity training
8. Establish an emergency communication system
9. Implement a uniform crime-reporting and record-keeping system
III.
Handling Violence In Schools
A. Students should not be permitted to harass or intimidate students or to make discriminatory or
derogatory comments in classrooms or on school property

B. Hazing
1. Defined abusive, harassing, and a humiliating form of initiation into a group (should be clearly
defined by policy in the local district)
2. If unchecked poses a potential threat to student safety
3. Schools officials must be proactive in addressing potential threats to students safety based on
reported incidents of hazing
4. Convey the message that hazing must be reported promptly through a well-defined process
without fear of reprisal or retaliation
5. Administrative Guide
a) Hazing should be clearly defined
b) School board should adopt policies and penalties clearly
established
c) Proper procedures for reporting incidents
C. Bullying
1. Defined generally involves intentional cruel behavior between the person who exhibits the
behavior and the students who are victims of the bullying behavior
a) Physical or verbal acts intended to harass, intimidate, or create anxiety and fear among victims
b) It is about the relationship between the bully and the victim and the intent of the bully
c) It can be a single act or pattern of repeated act
2. School Policy
a) Fair, consistent, and firm enforcement of anti-bullying policies
b) Responsibility of the school leaders, teachers, staff, parents, and students to eliminate bullying
c) Doesnt matter if bullying is in or out of school, it needs to be reported and handled
d) A bully can be charged criminally if he/she exceeds age twelve
3. Administrative Guide
a) Bullying is not necessarily a function of social, cultural, or financial boundaries
b) Physical aggression and bullying are not permitted to gain popularity in schools
c) Should have a zero tolerance policy
d) Responsibility lies within school leaders, teachers, staff, parents, and students
D. Cyberbully
1. Defined the use of electronic devices to send or post hurtful, embarrassing text or images,
intended to create anxiety, intimidation, or emotional distress in another person
2. Megan Meier Cyberbullying prevention Act (2009)
a) Intent- to impose criminal penalties for anyone who transmits in interstate or foreign commerce
cyberbullying
E. School Violence and Negligence/Emerging Legal Issue
1. If school officials fail to exercise the proper standard of care it will result in negligence
2. Negligence can be charged in cases where school personnel have failed to adhere to a certain
standard of conduct
IV.
Freedom of Expression: Prohibitions and School Violence
A. Legal framework
1. The burden of proof rests with school officials to demonstrate why they restrict student rights
2. There must be facts that might reasonably lead school authorities to forecast a substantial
disruption or a material interference with school activities
3. School personnel are expected to take reasonable and prudent steps to safeguard the safety of
all students

4.
a)
b)
c)
d)
B.
1.
a)
b)
2.
a)
b)
c)
d)
e)
3.
a)
b)
c)
4.
a)
(1)
(2)
(3)
(4)
5.
a)
b)
c)
d)
V.
A.
1.
2.
3.
4.
5.
6.
B.
C.
1.
2.
3.
4.
5.
VI.

Administrative Guide
Warning signs, follow up, and openness for reporting
Zero tolerance policy
Counsel students and provide workshops for school personnel
Increased security
Gangs
Legal Challenges
School leaders are expected to monitor gang behavior in school and respond swiftly to
information that suggests that gang activity is escalating
Gangs represent a legal threat because if unchecked violence will ensue and if schools are
negligent in protecting their students they will be liable
Characteristics
Groups of individuals involved in unusually close social relationships
Certain symbols,signs and claim certain territory
Have a collective identity
Usually involved in illegal activities
Members join due to peer pressure, sense of identity, the need to be accepted, or for economic
gains
Dress
Wear special apparel or colors to convey gang affiliation
Professional sports teams, jackets, and caps
Can be prohibited if it leads to disruption
Duty of Care
If there is an awareness of gang activity, school officials must exert a standard of care that is
much higher
Swift and aggressive action in response to acts of violence
Defensible policies and procedures distinguishing misbehavior from criminal acts
Removal of graffiti
Close working relationships with law enforcement
Administrative Guide
Recognize gang activities
Policies and procedures
Law enforcement involvement while following a safety plan
Dress code enforced
School Uniform Dress Policies
Why - to create and maintain safe schools
Easy identification of students
Eliminate gang dress
Promote discipline
Deter theft and violence
Prevent unauthorized visitors from intruding on campus
Positive learning environment
Controversy - infringe on students freedom of expression
Administrative Guide
Involve everyone
Religious expressions preserved
Freedom of expression rights are protected
Financial provisions
Seek legal counsel for review and advice
Zero Tolerance and School Safety

A.
1.
a)
b)
(1)
(2)
B.
1.
2.
3.
C.
1.
2.
3.
4.
5.
VII.
A.
B.
1.
2.
3.
C.
1.
2.

Zero Tolerance
1990s President Clinton signed the Gun Free School Act of 1994
Mandated expulsion of students who bring a weapon to school (at least one year)
Latitude to modify this on a case by case basis
Supreme Court has observed that public education relies upon the discretion and judgment of
the school and board members
Consider students history of behavior in school, the seriousness of the offense, and the
immediate need to act before determining punishment
Zero Tolerance and Due Process
Zero-tolerance policies tend to ignore constitutionally protected rights of students because these
policies tend to operate under an automatic presumption of guilt
This conflicts with constitutional safeguards regarding students due process rights
The policies are designed to reduce material and substantial school disruption and violence in
schools
Administrative Guide
Do not use to get rid of disruptive students
Involve everyone while drafting policies and remember constitutional rights
Seek alternative educational opportunities for expelled students
Consider history, seriousness, immediate need to act
Substantive and procedural process rights are addressed
Metal Detectors
No legal challenges have reached the Supreme Court regarding the use of detectors
Lower courts have upheld detectors
Evidence student behavior poses a threat to health and safety of students
Everyone is informed they are going to be in use through school policy
Only be surprised if it is an emergency situation
Administrative Guide
Should be used with health and safety of students in the school
Informed prior to being used