Assignment1 for my Education & Law course.

1. Assignment 1: Discipline in the Public Schools1
Assignment 1: Discipline in the Public Schools
Nikia Glass
Dr. Joe L. Canada
Education and the Law – EDU 520
October 20, 2013

2. Assignment 1: Discipline in the Public Schools2
Case#1:Summary
On May 16, 2013, District Judge Larry R. Hicks, argued and submitted the Wynar v.
Douglas County School District case, and it was filed on August 29, 2013 (uscourts.gov, 2013).
This case was about a student that made deadly threats over the internet, through MySpace. This
student also bragged about having access to a lot of weapons, and threatened to commit a school
shooting. He also made a wicked claim to his classmates, that he would conduct this heinous act
on the anniversary of the Columbine school shooting incident, and that the number of his victims
would out-number those that were in the Virginia Tech shooting. Not only did he make this very
serious threat; he also gave names of the students that he planned to target and kill in the
shooting.
Several individuals that read about this, or learned about these messages, took thethreats
seriously and reported the incidents to school authorities; as a result, the accused student was
interviewed by school officials. During the interview, he admitted to being the one responsible
for making the threats, but assured everyone that he was only joking. Regardless, of the student‟s
intent, the school took immediate disciplinary action and made the decision to expel this student
for 90 days, on the grounds of school policy violation. In retaliation the student and his parents
decided to sue the school for violating his first amendment right.
Decision of the Court
Throughout this case there was a lot of discussion about whether or not the school
responded inappropriately, as well as, whether or not there is ever an appropriate time to
discipline students for incidents that occur off campus. In the end, the court justifies and
applauds the school district for taken immediate and reasonable disciplinary action against
school-wide violence. The court was very much in favor of the student being expelled from

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school, and they further, explained and expressed beliefs; that the school responded in a
reasonable manner, and that the school had every right to take the threats seriously, simply
because of the possibility that lives of other students were in harm‟s way. The court considered
the question of what is the best way to determine when and how, negative online student speech
should be subject to punishment. „Some courts have required that there be a showing of a
sufficient “nexus” between online speech and the school before discipline can be imposed, while
others require a showing that it was reasonably foreseeable that a student‟s off-campus, online
speech would infect the school environment‟ (Wernz, 2013, p.)
Argument
I agree with both the disciplinary actions of the school system, and the decision of the
court. This student deserved to be expelled, and his counter law suit deserved to be thrown out. I
also think that it made a lot of sense for the school district to expel the student for 90 days,
because, without a shadow of a doubt, this student definitely violated a policy created to protect
students from all harm and danger. Furthermore, I think that this kid, and his parents had a lot of
nerve, to file a suit. I think that their argument about his off-campus speech was protected by the
First Amendment of the U.S. Constitution, was outrageously bogus.
Impact of the Decision
The decision of the court has further sparked the discussion about the purpose, and
importance, of intervention when students show signs of instability and desires to cause
emotional and bodily harm. The decision of the court has helped to prompt and make other
school districts more aware of the most effective ways to forecast substantial acts of violence and
disruption, provoked by students. Such acts of ill contact should never be taken lightly and
should always be addressed, regardless if it takes place on or off school grounds.

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Case #2: Summary
In this case, the Flemington-Raritan and Hunterdon Central Boards of Education are
being sued for allowing one of their students to be subjected to years of bullying without
protection from school officials. Allegedly, both classmates and school employees were
responsible for the bullying. The suit details many incidents over an eight-year period starting in
grade school in the Flemington-Raritan district and continuing into high school at Hunterdon
Central(Shupe, 2013, p.1). As a result, his parents have been, and continue to be outragedabout
their son‟s experiences in school. They have tried everything in their power to cooperate and
reason with school officials; they have even filed reports with the police. Despite genuine efforts
to develop a contingency plan for conflict de-escalation and progress, their son continued, and
continues to be subjected to severe bullying on school grounds. Surprisingly, his parents claim
that the school did nothing to stop the bullying.
Allegedly, over the years, their son has been teased for his physical appearance, as well
as his sexual orientation. In addition, as a result of the bullying and constant torment, their son
has developed some debilitating health issues. All of these issues are very unfortunate. It is clear
that this young teenage boy and his parents are highly upset and disappointed in how these issues
have been handled. They believe that the school‟s idea of disciplinary action involves way too
much talking during intervention based conferences, and not enough action.
Decision of the Court
Unfortunately, since a court date has yet to be scheduled, the absolute outcome of this
case is unclear. However based upon the evidence of this case, varied education laws, and other
similar cases that have gone to court, I believe that the young teenage boy and his parents have a
great chance of winning. In addition, I‟m certain that in lieu of the evidence provided, the court will be

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able to determine that the young teenage boy is clearly a victim of bullying. They will have the
opportunity to review evidence of decline in participation, issues with absenteeism, school transfers, poor
self-image, as well as physical and mental health issues (Yudof, Levin, Moran, Ryan, & Bowman, 2012),
so I‟m more than certain that the court will rule in his favor.
Argument
I absolutely disagree with the form of disciplinary action that was exercised by the two
school districts in question. To simply hold meetings and conferences, and not take further
disciplinary action is absurd. It is senseless, illogical, contrary to all reason and common sense. I
think that the school was out right insensitive, lazy, and unconcerned, and although there is no
set court date, I believe that the young boy‟s lawyer is wise to make reference to the Anti-
Bullying law of 2011. He states that based upon the results of a state Supreme Court case from
Toms River, “the court held that a school district is responsible for protecting its students, and
for this reason, the parents of this current case, has chosen to sue the school and not the bullies
themselves” (Shurpe, 2013, p.1).
Nevertheless, the school district has denied such allegations; and has taken a stance against the
claim, and by law they have that right. “Attorney Robert Francis Gold denies the allegations aimed at the
high school, he also cites several different doctrines that bar the family from making such claims. The
district also filed third-party claims against alleged bullies and their parents” (dreamsomething.com,
2013, p.1)
In support, legal publications, provided by Yudof et al. (2012) states that:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any
State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of
the United States or other person within the jurisdiction thereof to the deprivation of any rights,
privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured
in an action at law, suit in equity, or other proper proceeding for redress” (p.658)
Impact of the Decision

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I believe that when this particular case goes to court, the judge will rule in the favor, and
on behalf of this young teenage boy and his parents. I also believe that this ruling will deter other
school districts from taking the issues of bullying so lightly, and possible deter the act of
bullying from occurring in the first place. I‟m also certain that after this case is over the school
district will have to change their disciplinary action policy for bullying, and take more serious
and extreme measures against bullies.
Case #3: Summary
Two teens, Owen Edwards and Carter Hall, were arrested for vandalism at St. Paul‟s
School in Covington, Louisiana; and faced felony charges for allegedly defacing about $2,000
worth of property. These young teens were also jailed and held at a 25,000 bond each.„Police
arrested them nearly two weeks after 40 locations on St. Paul's campus were vandalized.The Star
of David; and the words "Hitler" and "Hail Satan 666" were painted on the school's bell tower,
chapel and religious statues‟ (Nolan, 2013a, p.1). In response to the issues surrounding this case
school principal, Brother Ray Bulliard, sent out an email to parents, offering prayer for the young
teenage boys, and all others that may be tempted to commit crimes of hate, and suggested to
parents that they use this case as a teachable moment.
Credit was provided to the Crimestoppers for keeping a close watch on the school, and
forcarefully gathering information on the school‟s behalf, and helping police make the arrest.
Crimestoppers were also offered a cash reward for their efforts and for gathering information that
lead to the arrest and indictment of the two teenage boys.
Decision of the Court
In court, the teenage boys pled guilty, and each felony charge was commuted to one
misdemeanor count, for $500 worth of damage to school property, with graffiti.Judge Peter

7. Assignment 1: Discipline in the Public Schools7
Garcia,also ordered each of them to serve a two year probationary period, 5 weekends in jail, and
50 hours of community service. In addition, they both were ordered to pay over $1,000 in
restitution fees for property damage and for the efforts of theCrimestoppers organization, and
both boys were ordered to write an apology letter to the school, and a ten page paper on religion
intolerance.
Argument
I think that the disciplinary action of the school was most gracious, but yet firm. I believe
that it was gracious of them to contact the parents and offer prayer for the actions of these
troubled teens; and most wise of them to work collaboratively with Crimestoppers and the
regional police in efforts to bring these criminals to justice. However, I‟m not too sure if it was a
good idea for the Judge to commute each felony charge down to a misdemeanor, and having
them serve probation, 5 weekends in jail, 50 hours of community service, and write apologizes
and ten page papers. They just don‟t seem to be harsh enough of forms of punishment. I think
that if the felony charges stuck, then the boys would have really learned their lessons. It may
have also been a great idea to provide them with some professional help for their signs of mental
illness.
Impact of the Decision
“Records show the court may consider dismissing the prosecution, under Article 894after
the two successfully completed probation. The dismissal would have the same effect as an
acquittal”(Nolan, 2013b, p.2). Nevertheless, if these boys were ever convicted again in the
future, they may be charged as multiple offenders, and could possible face more serious rulings,
that may cause them to spend several years in jail. Hopefully, these boys will count their
blessings, and learn from this incriminating experience. They have their whole lives ahead of

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them, but life is short, so it would be wise for them to make better choices, and assure
themselves of a brighter future.

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References
Dreamsomething.com (2013).High school denies bullying accusations, files claim against the
alleged bullies – Hunterdon County Democrat. Retrieved from
http://dreamsomething.com/2013/06/04/high-school-denies-bullying-accusations-files-
claim-against-the-alleged-bullies-hunterdon-county-democrat/
Shupe, L. (2013). Student sues two school districts for allegedly failing to stop bullying. NJ.com
True Jersey. Retrieved from http://www.nj.com/hunterdon-county-democrat/index.ssf/
2013/ 03/ student_sues_two_school_distri.html#incart_river
Nolan, H. (2013a). 2 teens arrested in connection with St. Paul's vandalism. The Times-
Picayune: Greater New Orleans. Retrieved from http://www.nola.com/ crime/index.ssf/
2013/05/ two_ teens_arrested_in_connecti.html
Nolan, H. (2013b). Teens plead guilty in St. Paul's vandalism case, told to write apology letters
and pay restitution. The Times-Picayune: Greater New Orleans. Retrieved from
http://www.nola.com/crime/index.ssf/2013/10/teens_plead_guilty_in_st_pauls.html
uscourts.gov (2013).For publication: United states court of appeals for the ninth circuit, No. 11-
17127D.C. No.3:09-cv-00626-LRH-VPC. Retrieved fromhttp://cdn.ca9.uscourts.gov/
datastore/opinions/2013/09/04/11-17127%2 0web%20 corrected.pdf
Wernz, J. (2013). Ninth circuit upholds discipline of student for off-campus,
online threat of school shooting. Education Law Insights. Retrieved from
http://edlawinsights.com/2013/09/10/wynar-ninth-circuit-upholds-discipline-of-student-
for-off-campus-online-threat-of-school-shooting/
Yudof, M., Levin, B., Moran, R., Ryan, J., & Bowman, K. (2012). Educational policy and the
law.(5th
ed.). Belmont, CA:Cengage Learning.

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