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Help me... with laws... about schools making rules...

Discussion in 'All other topics' started by HaloDude6, Mar 15, 2007.

  1. HaloDude6

    HaloDude6 Member

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    I need to know what part of the US Code, Constitution, or Amendments (or any other official document) states that schools can make rules. I am trying to see what the school district - in the Tinker v. Des Moines case - had that allowed them to win.


    Background info on the case: John F. Tinker (15 years old), Christopher Eckhardt (16 years old), and Mary Beth Tinker (13 years old, John's sister) met in December 1965 with adults to come up with ways to protest the President's decisions in the Vietnam war. (Their parents had been to such meetings before, and they decided to come with them). They planned to fast on December 16th and on New Years Eve, and to wear black armbands from the 16th to the 1st of January.

    The school district found out about the plan to wear the armbands and adopted a policy to prevent it. The rule was:
    Any student wearing an armband to school would be asked to remove it. If the student refuses, the student would be suspended until (s)he has returned without the armband.

    John F. Tinker, Christopher Eckhardt, and Mary Beth Tinker knew this policy went into effect. On the 16th, Mary Beth and Christopher wore black armbands, against the new policy, and were suspended. The next day, John F. Tinker wore his armband and was suspended. The parents (of the suspendees) were outraged by the school district's actions.

    The parents filed a complaint in the US District Court under ยง 1983 of Title 42 of the United States Code (here's the link). The complaint was dismissed, feeling that the Des Moines's actions were justified (Des Moines said they wanted to prevent possible violence - hostile remarks were already said towards the petitioners - and they wanted to prevent disruption to the school discipline).


    ... I think you get the picture... but how did they win? Are there any laws that allow schools to make rules? More importantly, are there any laws that RESTRICT/PREVENT schools from making policies like these?

    NOTE: I AM EXTREMELY SORRY FOR HAVING TO PUT YOU THROUGH THIS STORY! I HAVE BEEN SEARCHING FOR TWO WHOLE DAYS(... except for school... sleep... food... ... and bathroom breaks... and 3 jump-on-the-trampoline-for-20-minutes breaks)!!!

    PS: SORRY FOR PUTTING YOU THROUGH MY LONG *NOTE:*
     
  2. HaloDude6

    HaloDude6 Member

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    Can anybody point me to where I can find what allows schools to make laws?
     
  3. Auslander

    Auslander Senior member

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    it's up to states to dictate how schools are runs--there's not really any federal mandates concerning them.

    from my perspective, nothing really allowed the school to win except the mindset of the time; you know, just like segregation going to the supreme court several times and still being allowed til the last one.

    it was a conservative time in a conservative place and people either backed the war or were generally looked down upon at the very beginning of the Vietnam War and all. part of the popular brainwashing. *shrugs*
     
  4. HaloDude6

    HaloDude6 Member

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    Thanks. *looks at the time and date of the post*... Wow, talk about service =) Probably only a few minutes of delay before you started working on your post. "Afterdawn Addict" is a good title for you I think.

    I also found out that (in that time) the Swaztica (the Nazi symbol, though I'm not sure how it's spelled) meant nothing. Wearing it on your shirt was just like wearing the Nike Swish(R) on your shirt. I'm going to check out what the state's schools could do for laws.

    Thanks (again) for reading through my [long] summary(or already knowing about the case) and helping me.
     

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