1. For anonymity, use your assigned test number which was mailed to you.

2. Put your test number on this page and on all bluebooks.

3. If you do not know your test number, you may obtain it at the Communication Center or in the Records Office (Cindy Boyum) during the first 30 minutes of the exam period.

4. If you do not use your test number, you will be deemed to have waived your privilege of anonymous grading.

5. TURN IN YOUR BLUEBOOKS AND THIS EXAM AT THE END OF THE PERIOD.

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STUDENT CONDUCT CODE

IT IS A VIOLATION OF THE CODE:

1. To use any sources which are forbidden by the instructor

to complete an exam.

2. To submit as one's own work the work of another.

3. To engage in any conduct which tends to give an unfair advantage to any student in any academic matter.

Knowledge of any violation should be promptly reported.

VIOLATION OF THE STUDENT CONDUCT CODE MAY RESULT IN EXPULSION

OR SUSPENSION FROM THE COLLEGE OR DISMISSAL FROM THE CLASS.

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GRADUATING SENIORS: IF YOU ARE A GRADUATING SENIOR, NOTE THIS FACT ON ALL BLUEBOOKS AND THIS EXAM PAPER. DO SO CONSPICUOUSLY.

TYPING AREA: If you are going to type your examination, the typing area is located in the Boardroom. You must return the exam to this room at the conclusion of the exam period.

SPECIAL INSTRUCTIONS

1. This is an open-book examination. You may use your textbooks, supplements, notes, and student-prepared outlines. You may not use commercial outlines (e.g., Emmanuels, Legal Lines), treatises, etc.

2. The exam has three questions. Each answer will be graded separately and so must stand by itself. Thus, do not rely upon, or refer to, anything in any other answer. You may refer to points made within any single answer.

3. The questions are of unequal weight (20%, 40%, 20%). Please divide your time accordingly. Additionally, 10% of your grade will be based on clarity and organization of analysis.

4. Please discuss all issues reasonably presented, even if resolution of some alone would resolve the problem. Specify all grounds and reasons which support your conclusions, including alternative grounds and possible contrary arguments.

5. If you think that, with respect to any particular issue, there are insufficient facts to warrant drawing any conclusion, please indicate what kinds of additional facts would be relevant and why.

6. If you think that any of the statements of fact contain an ambiguity, please resolve the ambiguity for yourself, indicating briefly the nature of the ambiguity and your resolution.

7. Discuss only Constitutional Liberties issues, i.e., do not discuss contract or tort claims, etc., that we did not specifically discuss in Constitutional Liberties.

8. Nuts and Bolts - Please:

a. Write on one side of each page only.

b. Type or write with a pen.

c. Use complete sentences.

d. Begin each question in a new bluebook. Clearly label each bluebook with your examination number and the question number.

e. Write legibly -- if I cannot read it, I cannot give you credit for what you have written.

FAILURE TO FOLLOW THESE DIRECTIONS WILL RESULT IN LOST POINTS.

[Note to students: for purposes of this examination, assume you are legal counsel for Public School District 875, State of Confusion. Please respond to Superintendent Rose Parrot's requests for advice.]

MEMORANDUM

TO: District 875 Legal Counsel

FROM: Superintendent Rose Parrot

RE: School District Policies

DATE: May 8, 1993

I need your legal opinion regarding several matters which the school board will be considering at its meeting tomorrow. Please discuss whether or not the three matters outlined below raise any issues arising under the federal constitution. (I have asked another lawyer in your department to look into some other areas of law.)

QUESTION #1 (20%)

In 1992, the State of Confusion fell from 5th place to 7th place in the Persons magazine's "Most Livable States" rankings. The decline in average Scholastic Aptitude Test (SAT) scores of Confusion's high school students was the primary cause for this drop. In response, Confusion's legislature is considering a statute that would prohibit the employment of any person under the age of 18 if that person has failed to maintain a "B" average for the preceding 2 grading periods. (Incidently, the State of Confusion requires residents to attend school until the age of 16. Additionally, all high schools use the A to F grading system.)

QUESTION #2 (40%)

Two students, Jason and Stephanie, have been suspended from Robert Dough High School ("School"), a public school in District 875. Their teachers were unable to manage their disruptive behavior. Before suspension, the School gave Jason and Stephanie notice of the School's discipline policies and a full opportunity to be heard regarding the incidents in question. The School's principal correctly informed Jason's and Stephanie's parents that there were no programs in the public school system equipped to handle students such as Jason and Stephanie. Because both students are 17 years of age, they could, if they desired, remain out of school. If they wished to complete their high school educations, their only option within the geographical boundaries of the District would be to attend God's Mercy Academy ("the Academy").

The Academy, a private school run by the Catholic Church, specializes in educating students with behavior problems. Its curriculum emphasizes self-discipline. Although it offers religion courses as electives, students are not required to take any religion courses in order to graduate. When District 875 refers a student to the Academy, District 875 pays the Academy the amount of money the District would have allocated for that student's education in the public school system.

Both Jason and Stephanie applied for admission to the Academy. The Academy admitted Jason, but rejected Stephanie. The Academy has a policy against admitting, or allowing the continued enrollment, of students who become pregnant out of wedlock. It learned (correctly) that Stephanie was pregnant as a result of sexual intercourse with Jason. (Robert Dough High School did not know about this pregnancy and did not base the suspensions on the pregnancy.) Stephanie and Jason are not married and do not wish to be married.

QUESTION #3 (20%)

Al Bore, principal of Jimmy Clinton Junior High School, shut down the student newspaper because of an issue that included a clinic's abortion counseling advertisement. It also contained parodies on the use of condoms, including a suggestion that people wear them over their heads to protect themselves against flu. Mr. Bore told the newspaper staff that the issue "shocked the sensibilities of many students, faculty, staff and administrators. Such journalism will not be tolerated." Mr. Bore will allow the newspaper to resume publication if the newspaper's staff abides by new editorial guidelines that forbid "obscenity, pornography, and other indecent material."