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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.
Arm Band
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.
20 Swats
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