NCJ Number
83573
Date Published
1982
Length
183 pages
Annotation
Standards relating to public schools and education, part of a series of volumes of standards for various aspects of juvenile justice administration, deal with student rights and student discipline in the context of public schools.
Abstract
Part I proposes standards encompassing the principles that all children have a right to an education and that all children are expected to attend school. The standards focus the responsibility for providing an education on school officials, without subjecting those officials to liability for failures that cannot reasonably or fairly be attributed to them. Standards related to the control and preservation of the rights of students presented throughout the volume are set forth in Part II, and Part III adopts the broad standard, reflective of current law, that schools are limited-purpose government bodies and that any regulation of student conduct must be justifiable by its accomplishment of an appropriate school function. Part IV deals with limitations on school regulatory power that would otherwise exist by reason of fundamental student interests in expression. Standards that govern the application of valid rules to specific instances of student misconduct are presented in Parts V and VI. Parts VII and VIII deal with problems that arise at the points of intersection between criminal law enforcement and the public schools, and the concluding section presents definitions for 'schools,' 'parents,' 'disciplinary sanctions,' and 'serious disciplinary sanctions.' These standards are intended for use by legislators, courts, lawyers, educators, parents, students, and the general public. A dissenting view is provided, along with a bibliography of about 180 listings. (Author summary modified)