NCJ Number
52522
Date Published
1975
Length
41 pages
Annotation
AN EXAMINATION OF STUDENTS' RIGHTS IN COURT CASES IS PRESENTED FOR TEACHERS. COURTS INCREASINGLY ARE VIEWING STUDENTS AS CITIZENS WITH CONSTITUTIONAL RIGHTS RATHER THAN AS MINORS WHOSE RIGHTS ARE MODIFIED BY THEIR AGE.
Abstract
THE BASIC STUDENT RIGHT IS THE RIGHT TO A FREE EDUCATION. THIS PERTAINS TO MENTALLY AND PHYSICALLY HANDICAPPED CHILDREN AS WELL AS 'NORMAL' CHILDREN. COURTS HAVE BEGUN TO RECOGNIZE THAT STUDENTS HAVE THE RIGHT TO ADEQUATE EDUCATIONS (THEY MUST LEARN SOMETHING) AND TO BILINGUAL CLASSES IF THE STUDENTS DO NOT SPEAK ENGLISH. STUDENTS HAVE THE RIGHT TO DUE PROCESS OF LAW IN SCHOOL SUSPENSION INCIDENTS. COURTS ARGUE THAT SCHOOL OFFICIALS AND EMPLOYEES CAN ACT AS PARENTS ONLY FOR THE PURPOSE OF EDUCATING THE CHILD. SUPERVISION OF THE STUDENTS' SOCIAL LIVES, PERSONAL APPEARANCE, MANNERS, ETC., ARE PARENTS' RESPONSIBILITIES. STUDENTS' RIGHTS PERTAINING TO PERSONAL APPEARANCE, MARITAL STATUS, AND GRADES AND DIPLOMAS ARE LISTED. IN GENERAL, SCHOOLS ARE PROHIBITED FROM USING EXCESSIVE CORPORAL PUNISHMENT TO DISCIPLINE STUDENTS AND ARE PROHIBITED FROM PUNISHING STUDENTS FOR OFF-CAMPUS ACTIVITIES. STUDENTS IN SCHOOL HAVE THE RIGHT TO REMAIN SILENT WHEN DETAINED BY POLICE AND TO REMAIN FREE FROM SEARCH IF NO WARRANT IS AVAILABLE. DISCRIMINATION AGAINST STUDENTS ON RACIAL OR SEX BASES IS PROHIBITED WITH REGARD TO SCHOOL ATTENDANCE AND PARTICIPATION IN FEDERALLY FUNDED PROGRAMS AND ACTIVITIES. PRIVACY REQUIREMENTS REGARDING SCHOOL RECORDS WERE MANDATED IN 1974, AND IN 1969, THE U.S. SUPREME COURT, IN THE CASE OF TINKER V. DES MOINES (IOWA) INDEPENDENT SCHOOL DISTRICT, UPHELD THE RIGHT OF STUDENTS TO FREE EXPRESSION WITHIN CERTAIN GUIDELINES. ARMBANDS AND INSIGNIA, SCHOOL NEWSPAPER CONTENT, DEMONSTRATIONS, FLAG SALUTING, AND RELIGIOUS EXERCISES ARE CONSIDERED WITH REGARD TO THIS RULING. A BIBLIOGRAPHY AND A LIST OF NATIONAL EDUCATION ASSOCIATION PUBLICATIONS CONCERNING STUDENTS' RIGHTS ARE PROVIDED.