Mario S. Torres

Demographics and Police Involvement: Implications for Student Civil Liberties and Just Leadership.

Purpose: A factor largely overlooked amid the press for greater security in schools is the extent to which law enforcement participates in search and seizure and the implications such actions carry for student civil liberties. As case law suggests, police engaged in school searches may be held to the probable cause standard or the more flexible reasonable suspicion standard articulated in New Jersey v. T. L. O. (1985). This article examines the use of law enforcement in schools and whether the probability that student offenses are criminalized increases as a result. Data Collection and Analysis: In this study, researchers report data on 2,270 schools from the School Survey on Crime and Safety made available through the National Center for Education Statistics. Using a factorial ANOVA, researchers use various demographic indicators to measure whether schools ordinarily relying on law enforcement for security report offenses to municipal police to a greater degree than those that do not. Findings: Findings indicate that schools using off-duty law enforcement officers report offenses to the police at a significantly higher rate than those not using off-duty law enforcement officers. While poverty, minority composition, and urbanicity do not interact significantly with off-duty police use, the minority composition of the school and the percentage of students receiving free and reduced-price lunch, when examined as main effects, yield statistically significant differences in the mean percentage of offenses reported to the police. These findings suggest the need for schools to develop clearly articulated policies with respect to police intervention, as well as the need for further research into decision making of principals in schools with greater concentrations of student poverty.

The Demographics of Justice: Student Searches, Student Rights, and Administrator Practices

This study employs a mixed methodology consisting of legal research, policy analysis, and quantitative research to study the impact of two U.S. Supreme Court decisions, N.J. v. T.L.O. and Vernonia v. Acton on students’ rights to be free from unreasonable searches and seizures as guaranteed under the Fourth Amendment to the U.S. Constitution. Researchers studied 173 lower court cases following the U.S. Supreme Court rulings and found, among other things, that most decisions were in state and criminal courts; 79% favored school districts rather than students; a standard of reasonable suspicion was used in 62% of all searches; 75% of the students searched were males and 75% were between the ages of 14 and 17; and strip searches occurred most frequently in poorer communities. The courts have granted considerable discretion to school officials in searching students, a fact that has strong implications for students’ rights.

Best interests of students left behind?: Exploring the ethical and legal dimensions of United States Federal involvement in public school improvement

Analyzes the impact of recent policy developments in the USA associated with school accountability according to the best interests of the student. With the mandated implementation of the US federal law entitled the No Child Left Behind Act approaching, minimal attention has been afforded to the complex ethical dimensions associated with policies intended to improve the quality of education on a broad scale. When the meaning of “fairness” and “equity” are not negotiated in advance by groups either supporting or rejecting the need for federal intervention, doubts are raised about the fundamental purpose of the initiative. Argues that social conflict arises when the ideological framing of the purposes of the No Child Left Behind Act fails to incorporate the moral responsibility of policymaking and professional practice and attribute the purpose of reform as ensuring students’ best interests. Argues for a greater awareness of the tacit ethical assumptions politicians and policymakers embrace as policy is developed and implemented, and suggests strategies for identifying an ideological common ground.

Critical Analysis of Accountability Policy in Alternative Schools: Implications for School Leaders.

Purpose – The expansion of alternative education, globally, has coincided with a shift towards greater accountability for ensuring educational access and opportunity, high academic standards and increased graduation rates. While studies suggest the pervasive influence of accountability may be redefining how school leaders provide meaningful learning experiences and facilitating high achievement, little is known about school leaders of alternative schools administering accountability polices. If there are inconsistencies between meaningful learning experiences for at‐risk students and performance‐based standards outcomes, this may suggest issues around equity and alternative schools that should be evaluated. Using a theoretical frame of policy implementation, specifically the authoritative design of policy and social constructs of compliance, this study aims to examine how alternative school leaders implement accountability policies.Design/methodology/approach – This cross‐case study employs a qualitative ...

Assessing Columbine's Impact on Students' Fourth Amendment Case Outcomes: Implications for Administrative Discretion and Decision Making.

This study examined Columbines impact on case outcomes related to student searches and its implications for civil liberties and school leader discretion. Using data from 236 court cases since the U.S. Supreme Court ruling of New Jersey v. T.L.O. in 1985, critical search dimensions and outcomes (e.g., level of suspicion) were examined using Columbine as a point of comparison. The findings reveal that Columbine has had only a minor influence on court outcomes, which suggests courts are no more tolerant of excessive discretion after a critical episode. Implications for policy and practice are presented.

Challenges to Measuring Chinese Students' Perceptions of Freedom of Expression: An Application of Rasch Analysis.

Rapid social development and recent changes in views concerning childhood have urged a more holistic approach to measuring children’s well-being, particularly in the domain of rights. In light of articulated provisions within the United Nations Convention on the Rights of the Child, there is obvious interest in understanding more about how children’s perceptions of their rights have evolved. Using both traditional measurement (exploratory factor analysis and confirmatory factor analysis) and Rasch analysis, this study focused on measures gauging Chinese high school students’ perceptions of freedom of expression. The survey was designed to capture students’ perceptions over various forms of freedom of expression (e.g. student publications, dress code), and their experiences with regard to how these rights were respected in their schools. The aim of the study was to examine and evaluate validity and reliability of the survey used with a sample of 838 Chinese students from two high schools, one urban, and one rural. Overall, the survey exhibits certain degrees of validity and reliability and is appropriate for measuring children’s perceptions on freedom of expression. The study pointed to a number of areas where the survey could be improved. Implications for future research were discussed.

Race and School Vouchers: Legal, Historical, and Political Contexts

This article investigates legal and political issues as they relate to school vouchers serving students of color. Specifically, we draw on the empirical, historical, and legal research to examine whether school vouchers will create a more equitable system of education for poor students of color. First, we present a history of vouchers, including how they were used to support segregation. We then discuss how vouchers as a broad opportunity for educational equity for poor children (of color) might present particular challenges in light of, first, the race-neutral approach in contemporary case law and state statutes and, second, the relatively small percentage of U.S. children taking advantage of such programs. Finally, we present empirical results regarding African American families’ support and use of vouchers and a discussion of the racial politics of school vouchers. We argue that unless voucher programs and proponents address race directly, operate on a larger scale, and attend to the broader social justice issues facing urban communities, it will be difficult for such policies to support the greater good for African American children or society as a whole.