She challenged the decision in the courts, and when her case reached the Court of Appeals, the Third Circuit declined to use Tinker’s test in its decision, instead ruling that Tinker categorically does not apply to any off-campus speech. L., a Mahanoy Area School District student, was suspended from her cheerleading team after using vulgar language off-campus that made its way back to her coaches. Des Moines Independent Community School District, the Supreme Court reassured students that they do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Ever since then, the exact scope of students’ free speech rights has been unclear, but the high court has used Tinker’s substantial disruption test to clarify its scope in successive legal challenges. Limited pre-referral interventions d.In the 1969 landmark case Tinker v. Lack of appropriate instruction in reading c. Upon returning to the team, you suggest Shrid may need English language instruction and classroom supports instead of special education based primarily on this IDEA rule out: a. You also test Shrid and find he has limited English proficiency. You learn that while he can speak some English, his first language is Arabic, and he only participated in Arabic instruction before coming to the United States. Upon further investigation, you notice that Shrid's family recently immigrated to the United States for his father's job. ![]() As the school psychologist, you offered to collect additional data from the team, review his record, and talk with Shrid's parents to see if an evaluation may be appropriate to consider. The team's primary concerns included Shrid's lack of participation in class and poor performance in reading and writing. ![]() At their most recent grade level meeting, the fourth grade team suggested that Shrid should be considered for a special education evaluation to determine whether he has a learning disability.
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