Legal Issues Facing Students and Educators

Matt Wood Matt Wood

Prayer During School

Prayer in school has always been a controversial topic. Throughout the last century, public schools have transitioned from mandatory bible readings to a prohibition on public prayer at the beginning of a graduation ceremony. In this article, I plan to cover a brief review of landmark cases, including TN law, and a summary of the current limitation of prayer in public schools.

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Matt Wood Matt Wood

Social Media and Student Discipline

The Landmark Tinker case has guided whether a school can punish a student for speech, but that soon may change. Over the past decade, the use of social media has exploded and students are often choosing social media as their mode of expression. When posts are reported, school officials struggle to enforce rules while not limiting the 1st Amendment rights of students. 

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Matt Wood Matt Wood

Bostock, Biden and Bathroom Update

Republican led legislatures around the country took quick action to pass laws that prohibited a student that identified with a different gender than that of birth from competing in athletic events. In Tennessee

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Matt Wood Matt Wood

Student Discipline - Part I - Suspensions

When I was in school there was only one type of suspension, today there are two primary types, in-school (ISS) and out-of-school (OSS) suspensions, but school officials also can limit their suspensions to specific classes and school-sponsored events.

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Matt Wood Matt Wood

Teachers and the 1st Amendment - Part III

To begin, it’s important to note that a retaliation claim is not limited to termination and dismissal. In addition to the aforementioned actions, it is also unlawful for an employee to be punished for:

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Matt Wood Matt Wood

Teachers and the 1st Amendment - Part II

When evaluating a teacher's speech, leaders must first determine if the teacher was indeed speaking pursuant to their official duties. In many cases, this is easy to determine. A teacher's speech in the classroom (virtually now), while conducting their daily duties or in accordance with assignments would likely not be protected by the First Amendment.

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Matt Wood Matt Wood

Searching Student Cell Phones

Ever since the landmark Tinker v. Des Moines case, it is well established that students do not shed their rights at the schoolhouse but also that school officials have been given greater latitude to allow them to ensure a safe learning environment for all students.

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