NCJ Number
75386
Journal
Journal of Research and Development in Education Volume: 11 Issue: 2 Dated: (Winter 1978) Pages: 74-83
Date Published
1978
Length
10 pages
Annotation
Following a discussion of the history and general principle behind school authority this article examines issues in student rights, including freedom of speech, dress, and exemption from search; marriage and parenthood; and suspension and expulsion.
Abstract
Cases involving student rights can be traced from the early 1920's; however, most legal decisions affecting student rights have been handed down since the late 1960's. School authority over students is based on the concept of in loco parentis. Limitations on this authority exist, however, and Federal courts have accepted the concept of their jurisdiction in several areas of student rights. Judicial decisions concerning freedom of speech and expression issues have focused on the wearing of insignia, emblems, and buttons by students; school authority limits in controlling school publications; and the scope of school authority in requiring participation in patriotic activities. The courts have also determined that students have the right to regulate their mode of dress, subject to reasonable school guidelines. Searches of student property without just cause have also been prohibited. Students who are parents are guaranteed the right to a public school education; however, pregnant students have sometimes been excluded. The courts have also limited the suspension and expulsion rights of schools and defined due process guidelines in these cases. Thirty-six references are included.