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Case Analysis Paper

Barbara Bishop
EDU 315
June 2, 2013
Dr. James Russo, Facilitator

CASE ANALYSIS
Case Analysis
Teachers, students, and school districts have rights that are protected by state
and federal laws. While a student or teacher is within the schools boundaries, their
rights may be limited as well. Lawsuits have plagued the education system over
objection to a students hairstyle, a teachers sexual orientation, and failure to report
suspected child abuse occurring to a student outside the school.
Suspended for Unusual Hair Color Case
When a student shows up to school with a hairstyle such as a Mohawk such as
the case in our scenario or their hair dyed blue as a Surry County High School student
in Richmond, Virginia; lawsuits have occurred. The Surry County High School
suspended sophomore Kent McNew for coming to class in the spring of 1999 after they
adopted a school policy banning unusual hair color based on the Columbine High
School shooting and by the urging of then Governor Jim Gilmore to crackdown on
student expression (American Civil Liberties Union, 1999). McNew dyed his hair in
December 1998 and attended class without incident or disruptions in class (ACLU). In
Federal District Court in Richmond, Judge Robert E. Payne required Surry County to
allow McNew to return to class and provide means to make up the work he missed
while out on suspension. The decision by Judge Payne was based partially on the 1972
Forth Circuit Court of Appeals Massie versus Henry where a North Carolina high school
decided to restrict their students hairstyles; the outcome prohibited the school from
continuing to practice this restriction (ACLU).

CASE ANALYSIS
Failure to Report Suspected Child Abuse Case
Failure to report suspected child abuse is a serious matter. There are procedures
in place to protect the individual reporting as long as it is in good faith and most
importantly to protect the children. Teachers are only one of several professions
required by law to report suspected child abuse. The case Campbell versus Burton
where a judge ruled that a teacher and her school district could be sued for her not
reporting suspected child abuse (Ohio Education Association, n.d.). The Campbell
versus Burton case is similar to our scenario listed the second grade teacher fails to
report a suspected child abuse case. Mandated reporting laws have been in place for
years and teachers can be held criminally liable for failure to report (OEA). Based on the
mandated reporting laws, the second grade teacher and the teacher she conferred with
on what to do should both be held accountable for the injuries the child sustained while
the teacher waited just as the abusive parent will be held accountable for committing the
crime.
Sexual Orientation Discrimination
Although society has adapted to many different facts of life, there are still
portions of society that do not accept the gay, lesbian, bisexual, and transgender
lifestyle. In the scenarios link, an elementary school teacher was fired from her position
after a picture of her and her same-sex partner appeared on the front page of their local
newspaper participating in a demonstration in support of same-sex marriage. My
analysis is about a public school principal who allegedly loses his contract with the
school district in March 2013 after his divorce with his wife and announces he is gay to
family and friends. Tom Klansnic, Gresham Elementary Schools principal of 10 years

CASE ANALYSIS
lost his contract after disclosing to his school supervisors he was gay (Golgowski, Nina,
2013). Parents are speaking up on behalf of Tom Klansnic and most believe he was
termination was because of his sexual preferences becoming public to school
administrators (Golgowski). Tom Klansnics attorney Judy Snyder hints that Klansnic is
considering suing the Oregon school district in a discrimination lawsuit that will include
working in a hostile environment and retaliation (Golgowski). As this case is only a few
months old, it has yet to reach the courts. The school board also refused to comment on
the situation as they say it is a personnel matter and not open to public discussion
Golgowski). The outcome for both the scenario with the female teacher and the male
principal should have judgments in their favor because of sexual orientation
discrimination. They both worked for public schools and their sexual orientation display
and announcement would not affect their effectiveness in their respective position.
In two of the cases, there was sufficient evidence to rule in favor of the students
civil right to wear his hair the way he wants or against the teacher for not reporting
suspected child abuse of one of her students. The third case has yet to be entered into
court, but I believe it will go in favor of Klansnic based on his civil rights. Teachers and
students need to be aware of their rights and that their rights do not end when they
enter a school building and what their limitations are inside school doors.

CASE ANALYSIS
References
American Civil Liberties Union (1999). Federal court reinstates high school student
suspended for blue hair. Retrieved on June 2, 2013 from
http://www.aclu.org/content/federal-court-reinstates-high-school-studentsuspended-blue-hair
Golgowski, Nina (2013). Beloved elementary school principal being forced from job
after coming out as gay. Retrieved on June 2, 2013 from
http://www.dailymail.co.uk/news/article-2292726/Tom-Klansnic-Elementaryschool-principal-forced-job-coming-gay.html
Ohio Education Association (no date). Teachers and childrens services investigations.
Retrieved on June 2, 2013 from
http://www.ohea.org/teachers-and-childrens-services-investigations

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