Sunday, June 28, 2009

The Public Is Subject To Public School Officials' "Reasoning".

I don't know about you, but the thought of relying on "reasonable actions" of public school officials, when they (the public school officials) are at more than an arms length away from being accountable for poor judgement, is not very comforting.

How well do you trust your AP, P, the teacher down the hall, or someone who just "drops by"?

And remember, public school officials must rely on "reasonable actions of public school officials" also.




Schoolhouse strip-search ruling a logical balancing act:


"The Supreme Court agreed that the strip search violated the Constitution but wisely refused to embrace the 9th Circuit's logic. Instead, the justices reaffirmed their earlier analysis that a search 'will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.' The invasiveness of a strip search, wrote Justice David Souter for the majority, requires that school officials have 'specific suspicions' that the student is hiding contraband in undergarments.
The court - with Justices John Paul Stevens and Ruth Bader Ginsburg dissenting on this point - also rightly refused to allow lawsuits against the Arizona school officials, ruling that they should be immune from being sued unless they blatantly violated 'clearly established law.'
That charge, the majority concluded, could not be sustained in light of the fact that several federal courts had come to conflicting conclusions on the matter.
In short, they ruled that students must be protected against searches that clearly violate the Constitution, but school officials should not live in fear of being hit with personal lawsuits for exercising arguably reasonable actions taken to ensure safety in the school."



Hence, we have this:

Civil Citation :: Hillsborough: "A civil citation separates common misbehaviors and mistakes at school from more serious offenses, such as violent misdemeanors, all felonies and all illegal drug and sex offenses."

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