StudentsStudents’’ Rights Rights

U.S. Supreme Court Decisions Affecting Teaching

“In Loco Parentis”

School authorities assumed the powers of the child’s parents during the hours the child was under the school’s control and supervision.

Decline of “in loco parentis”1960s - courts affirmed that elementary and secondary students do have some constitutional protection

I. Student Rights:

Jerry Gault (1967) Juveniles are people. Therefore they have a right to due

process.

Minimum Due ProcessMinimum Due Process

The Accused has a right to:1. Know what rule they broke.

2. Know what the evidence is.

3. They must be given a chance to tell their side of the story.

4. A hearing if front of an impartial person.

II. Freedom of Expression:

Tinker v. DesMoines (1969) Students are free to express their view

except when such conduct disrupts class work, causes disorder, or invades the rights of others.

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III. Suspension and Expulsion:

Goss v. Lopez (1975) Suspension from school requires some

form of due process for students

Alleged acts of misconduct--10-day suspension: Question of student’s right to an education

Suspension and Expulsion:

Suspension

Minimum due process rights

Special Education students

ExpulsionA formal hearing before the School Board in closed session (show example)

Search and Seizure:

The Rule:Do not search a locker without the student present.

To be constitutional, searches of students and students’ property must meet two-pronged test.

Searches upheld: “Reasonable cause” by school officials (suspicion)

“Probable cause” by police (take evidence to judge)

Search and Seizure (cont.):

Guided by two principles:

1. The more serious the consequence of something found, the more protection you must provide.

2. The more private the area being searched, the more protection you must provide.

3. Students sign off on lockers and cars.

IV. Classroom Discipline & Corporal Punishment

Ingraham v. Wright (1977)

Corporal punishment: Not cruel and unusual punishment and is permitted where allowed by state law. Due process must also occur.

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V. Student Records: Family Educational Rights and

Privacy Act: FERPA (Buckley Amendment-1974)

• Develop Policies for parent access

• Prohibit disclosure to 3rd parties unless parental consent

VI. Compulsory attendance laws:

Pierce v. Society of Sisters (1925) Private or parochial school attendance meets requirement.

VII. Religion and the Schools:

Engle v. Vitale (1962)

Cannot require students to recite prayers nor pledge!

VIII. Other Items:

Home Schooling: Parents have tended to prevail in court

decisions Just must show child’s progress through

standardized test resultsRights of Nonpublic School Students:May not enjoy the constitutional guarantees as discussed in chapter (teachers, also)

Education of Culturally Diverse

African Americans Native Americans

– Traditional tribal education; missionary efforts; boarding schools; Bureau of Indian Affairs

Hispanic Americans - fastest growing (Mexico, Puerto Rico, Cuba, etc.)– “Americanization”, dropout rates, bilingual ed

Asian Americans (China, Japan, Philippines, Koreans, Indians, Vietnamese

Plessy vs. Ferguson

“Separate but Equal” 1886 It’s not against the

Constitutional Rights for blacks & whites to be segregated in schools.

Two Kinds of Segregation

De facto = due to the demographics - i.e. housing patterns

De jure = by law or regulation

Brown vs. Board of Education

Topeka, Kansas 1954 Outlawed racial

segregation in U.S. public schools

Civil Rights Act of 1964

Authorized federal lawsuits to compel desegregation in schools

Authorized withholding of federal funds

Child Abuse: Physical, Emotional,

Neglect, Sexual

Teachers are legally responsible to report child abuse or suspected child abuse to the proper authorities. (document in writing what makes you suspicious)

Child Abuse: (Continued)

The standard for how the court will decide if you were negligent is:

Reasonable and Prudent Care =What would another teacher do in a similar circumstance.

BULLYING

Three types:

1. Social

2. Emotional

3. Physical

““1010”” Core Values Defined Core Values Defined