The Ongoing Struggle:
Balancing of Students' Education Rights v. Students' Safety
Presented by the ISBA Education Law Section
Hoffman Estates
Friday, February 22, 2008
Northern Illinois University
5555 Trillium Blvd.
Register Now!
6.0 MCLE Hours
* including 1.0 PMCLE Hour
Program Coordinator:
Shayne L. Aldridge, Hodges Loizzi Eisenhammer Rodick & Kohn, Springfield
Program Moderator:
Brian D. Schwartz, Associate Director for External Operations, General Counsel Illinois Principals’ Association, Springfield
8:40 - 9:00 a.m. Welcome & Introduction
Brian D. Schwartz
9:00 – 10:20 a.m. First Amendment Concerns – Free Speech and Expression
It’s been nearly forty years since the Supreme Court said that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate”, yet school districts, parents and students still struggle with freedom of speech issues. This session will explore the first amendment’s applicability to student speech from t-shirts to the Internet.
Hector L. Lareau, Attorney at Law, Moline (District Perspective)
Adam D. Schwartz, American Civil Liberties Union of Illinois, Chicago (Student Perspective)
10:30 – 10:40 a.m. Break
10:40 a.m. – 12:00 p.m. Fourth Amendment Concerns – Search and Seizure
Drug sniffing dogs, locker searches, backpack dumps, pat-downs, breathalyzers, computer system checks, strip searches for stolen money…. Nothing disrupts the school environment more than the search of students and staff. The presenters at this session will provide insight for those who are about to search and those about to be searched.
Lori G. Martin, Hodges Loizzi Eisenhammer Rodick & Kohn, Arlington Heights
Walter J. Zukowski, Zukowski Law Offices, Peru
(District Perspective)
Aaron G. Allen, Law Office of Aaron G. Allen, PC, Chicago
Robert P. Lyons, Illinois Education Association, Chicago
(Student & Staff Perspectives)
12:00 - 1:00 p.m. Lunch (on your own)
1:00 – 2:20 p.m. Abusive Use of Technology
The information superhighway provides an abundance of opportunities for some students to tease, harass, bully and cyber-smear others, such misuse of the superhighway has lead to tragic results, as in the case of the 13 year-old Minnesota girl who killed herself due to harassment over the Internet. The panelists will tackle this uncharted area of the law and provide a framework to help protect students’ rights and their safety.
Lane Abrell, Superintendent, Leland Community Unit District #1, Leland
Laura Hemmer, Tueth Keeney Cooper Mohan & Jackstadt, P.C., Edwardsville
(District Perspective)
Michael W. Burnett, Lincolnwood
Philip C. Koehl IV, Illinois Association of School Social Workers, Algonquin
(Student Perspective)
2:20 – 2:30 p.m. Break
2:30 – 3:30 p.m. Abusive Symbols & Speech
When does a student’s speech cross the line into the realm of intolerance, discrimination, and hate? When is it alright to wear a swastika arm band in school? When is a tee-shirt not a shirt but a message? This exciting session will include a discussion of those questions and more as the presenters take us through the Constitutional concerns surrounding student symbols and speech.
Heidi A. Katz, Robbins Schwartz Nicholas Lifton & Taylor, Ltd., Chicago
Respicio F. Vasquez, Franczek Sullivan P.C., Chicago
(District Perspective)
Adam D. Schwartz
Michael L. Kiser, Ed.D., J.D., The Law Office of Michael L. Kiser, Downers Grove
(Student Perspective)
3:30 – 4:30 p.m. Ethical Considerations
Michael Downey provides an engaging and informative session on the ethical issues practitioners face when representing students, parents, and school districts in cases that do not always have clearly distinguished lines
Michael P. Downey, Hinshaw & Culbertson LLP, St. Louis
* Subject to review
Please note: 4 hours of Professional Responsibility MCLE every reporting period |
