Eventually, judges have to show cause, else they are overturned on appeal. Judges are subject to review. Only SCOTUS has the ability to make it up as they go, and if you’ve read Mark Levin’s book, “Men in Black”, they often have.
Within education, the only entity with plenary power is the Union. That’s it. Teacher’s hands are tied. They have nearly zero options in terms of actually disciplinary tools.
Parents COULD be a source of plenary power for principals and teachers, but they choose not too. As such, the only practical source of plenary power is the union.
If you are proposing putting bailiffs and law enforcement in classrooms, I’m all for it. Currently, however, the law doesn’t really help either teachers or principals, just the unions. A single parent can trump that, make a stink, and get a perfectly good principal OR SUPERINTENDENT canned.
This is more often the case, unions and parents teaming up to can good teachers and administrators.
Check this case out. This is in my local district. Teacher was putting a kid at risk while publishing an underground school newspaper. This teacher, Kay Powers, was a leftwing, Abbie Hoffman type, and countered a direct order from the super to cease and desist. She, of course, didn’t.
Super responds by putting a camera in the classroom to document beyond all doubt that the teacher was in direct violation. Union had a cow. Got the teacher, who was fired, reinstated. She was allowed to retire.
The super got, for her trouble, death threats. She was forced to retire. By far the best super ever in the district’s history. Never mind that if it were my kid, I might have caved that teacher’s head in, and that many responsible parents felt that way.
Here’s one of the articles. There’s more stuff out there on this, but file this one under ‘Do your job and get fired in education’.
http://seattletimes.nwsource.com/html/localnews/2008031102_superintendent03.html
The Unions have a lot of power, it is not plenary, it is subject to challenge through process.
I have a brother who was a union VP and switched back into management where he uses his detailed knowledge of union rules and tactics to stymie and correct their abuses, using those processes.
When I speak to what the Teacher’s authority in a classroom is and call it plenary in regard to the management pf the students and others in classroom I speak to the old-school ways, and the ideal. Today’s environment is far from ideal, and the concern with how any action against a student will be viewed in a courtroom ends up the ability to ensure order in the classroom. Thus many of today’s classrooms operate close to the boundary of chaos. Lord of the Flies territory.
The courts have done this, no one should think well of those legal reasonings and perverse view of “civil liberty” because the fruit it bears is national ruination.