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ERIC Number: EJ953255
Record Type: Journal
Publication Date: 2011
Pages: 14
Abstractor: As Provided
Reference Count: 23
ISSN: ISSN-0161-956X
Accommodation and Adjudication in Student-Administration Conflicts: The Difficult Legacy of the U.S. Supreme Court
Meyer, Heinz-Dieter; Bratge, Katrina
Peabody Journal of Education, v86 n4 p436-449 2011
In this article, we consider a series of U.S. Supreme Court rulings that place public school students under an expansive shield of constitutional rights while often hampering the ability of administrators to engage in flexible and creative conflict resolution in the context of the school's mission. The court's readiness to adjudicate a large range of student-administration conflicts has weakened schools' ability to pragmatically accommodate conflicts that, by their nature, do not have principled solutions at the level of the law. We argue that as long as adjudication is the privileged course of action, the court seems locked into a philosophical zigzag, now endowing 8th graders with due process and constitutional rights, now framing them as mere "subjects." To strengthen schools as educational and moral institutions, school leaders need to be able to construct systems of accommodation that are sensitive to their special educational nature and mission. (Contains 4 footnotes.)
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Publication Type: Journal Articles; Opinion Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Abington v Schempp; Goss v Lopez; New Jersey v TLO; Tinker v Des Moines Independent School District