Students Rights 1 - School Law - Dr. W.A. Kritsonis

Used by permission of Campus Ministry Tools(http://www.campusministrytools.com/yourRightsOnCampus.htm)

Student Rights on Campus

Student Rights on Campus

Separation of Church &

State

Student Student Rights on Rights on CampusCampus


State

• There is no such phrase in the constitution.

• It was in a personal letter from President Thomas

Jefferson to a small Baptist church in 1802. (Danbury,

Connecticut)



StateThe Establishment Clause

“Congress shall make no law respecting an establishment of

religion or prohibiting the free exercise

thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble…” 1791The

First Amendment of the U.S.

Constitution


1. Students have the right to Pray

on campus

Only…“Official State composed prayers are excluded from

the school.”

Engle v. Vitale 1962.

& Bender v. Williamsport Area School District 1986. (Supreme Court Decision)


2. Students have the Right to

Meet together for Bible Study

“it shall be unlawful for any public secondary school…

to deny Equal Access…

to any students who wish to conduct a meeting…

on the basis of the religious…content at such meetings.”

The Equal Access Act -1984 .


The Equal Access Act

The Equal Access Act -4071(c)(4)

*The Act was drafted to keep people from violating the

Establishment Clause of the US Constitution.

*Congress recognized that the state should not promote religion.

*However, the Equal Access Act doesn’t promote religious activity,

rather it gives it neutral treatment.


The Equal Access Act -4071(a)(4)

Does the Equal Access Act apply to every school?”

• if it’s a secondary school

• if it receives Federal funding

• if has a “limited open forum”



The Equal Access Act -1984

What is a “limited open forum?”

• Some places like parks are a “completely open forum”

• Schools have a created an open forum for a particular group of

people – Students.Students.




Do all schools have a “limited open forum?”

• No. But most do.

• If any non-curriculum student groups are allowed to meet then the Equal Access Act is triggered.




What is a non-curriculum related student club?”

• Any student meeting that is not directly related to a class.


• Does the public school usually sponsor an activity with this subject matter?

• Does the school require or directly encourage student participation in such a group in connection with curricular course work?



Congress used these 2 questions to determine whether a student meeting was curriculum related:


As long as the meeting does not “materially and substantially

interfere with the orderly conduct of educational activities

within the school.”

The Equal Access Act -The Equal Access Act -40714071(c)(4)(c)(4)


Does that mean that anybody can meet?

• any beliefs

• any size




Can we talk about anything we want to? The school does not need to concern itself with the content of the religious speech – only whether the speech:

• Is illegal

• Threatens the well-being of teachers or students

• Is not voluntary

• Materially & substantially interferes with the orderly conduct of educational activities within the school



As long as the meeting As long as the meeting does not “does not “materially and materially and

substantially interferesubstantially interfere with with the orderly conduct of the orderly conduct of educational activities educational activities

within the school.”within the school.”


What about the KKK and other Anarchy type groups?



As long as the meeting As long as the meeting does not “does not “materially and materially and

substantially interferesubstantially interfere with with the orderly conduct of the orderly conduct of educational activities educational activities

within the school.”within the school.”


• What about gay & lesbian groups?

• What about wiccan?



“if the schools limited open forum includes non-student

participation then non-student participation must be permitted for all such

student groups.”

Student Coalition for Student Coalition for Peace v. Lower Merion Peace v. Lower Merion

School District 1985.School District 1985.

What about non-school persons?



““non-school persons non-school persons may not direct, conduct, may not direct, conduct,

control or regularly control or regularly attend activities of attend activities of student groups.”student groups.”


What about non-school persons?



3. Students have the Right to Carry and

read their Bible on Campus

Students may carry and read their Bible

at school.

The Equal Access Act 1984 .


4. Students have the Right

to Have Religious Services.

The Supreme Court reinstates a US District

Court decision that allowed public H.S. students to meet during an activity period for

prayer, Bible Study and religious discussion during the school day on campus.

Bender v. Williamsport Area School District 1986. (Supreme

Court Decision)


5. Students have the Right to Be excused.

Public students cannot be forced to

participate in activities that violate

their religious convictions.

West Virginia Board of Education vs. Barnette.

1943 .


6. Schools may Accommodate

students religious needs.

Students may be released during the

school day to receive religious instruction off

campus.

Called “Release time education.”

(Varies state to state)

Zorach v. Clauson 1952.


7. Students may engage in

controversial Speech.

They may discuss controversial topics concerning religious,

political and philosophical viewpoints.

Healy v. James 1972.


8. Students Have the right to Distribute

Literature

9. Students Have the right to wear Christian T-shirts

Tinker v. Des Moines 1969

The school may impose restrictions in these areas but they must be the same for

both religious and non-religious

content.


10. Students do not shed their

Constitutional Rights at the Doors

of their School

Both teachers and students retain their

First Amendment rights while on

school grounds.

Tinker v. Des Moines Independent School

District. 1969


You are an American.

The Establishment Clause

“Congress shall make no law respecting an establishment of

religionreligion or prohibiting the free exercise

thereof; or abridging the freedom of speechspeech or of the presspress; or the right of the people peaceably to

assembleassemble…” 1791.

The First Amendment of the U.S.

Constitution



The First Amendment gives you…Freedom of Religion

Freedom of Speech

Freedom of Press

Freedom of Assembly

Freedom of Redress



Freedom of Religion

Freedom of Speech

Freedom of Press

Freedom of Assembly


Campus Campus websites:websites:

www.reachthecampuswww.reachthecampus.com.com

www.gocampus.orgwww.gocampus.org

www.everyschool.cowww.everyschool.comm