From After-School Detention to the Detention Center: How Unconstitutional School-Disruption Laws Place Children at Risk of Prosecution for ‘Speech Crimes’ by Frank LoMonte, Ann Marie Tamburro :: SSRN

A frequently overlooked issue with school discipline is the student’s behavior. A student misbehaves in class and is noncompliant when the teacher tells the student to stop. The student isn’t protesting they are misbehaving. The teacher has no other option but to send the student to the office or call in the principal or school security. Basically at this point the student is being removed from class and if the student continues to ignore the orders of the principal or security the final ultimatum may be issued where the student is told to leave the school.

I am skipping some negotiations that also occurred like in most cases there is a history with the student. The teacher has tools to use to handle disruptive students that were employed. The prinipal and security can use de-escalation techniques however if the student resists all of these interventions then choices become limited.

Once the student is told to leave the school there noncompliance breaks the law. It sounds silly. Yeah. Why didn’t the student stop misbehaving right? If the student remains in school they can be arrested. This arrest wasn’t for a student not doing their homework, it’s not because a student was having trouble understanding the assignment, it’s not free speech. It was because the student disrupted class and would not stop. Keep in mind that there were 24 other students in class and hundreds in the school that were behaving.

As unrest erupts across the country over issues of police violence and race, how and when police use their authority inside schools is receiving renewed, and ov
— Read on

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