Students' rights
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Descriptions, definitions, synonyms, organizer terms, types of
"The rights of free speech, free press, free association, and from search and seizure are points of contention between school administrators and students, and have been for decades." Student Rights
"Students do not shed their constitutional rights...at the schoolhouse gate." Tinker v. Des Moines Independent Community School District.
Even though students are generally protected by the Constitution while in school, there are significant restrictions imposed on the rights they would otherwise enjoy. The reasoning behind placing limitations on student rights involves two basic constructs:
- in loco parentis- When a minor student is in a school's custody, that school can and should assume a parental-type role and take on certain decision-making responsibilities for the child.
- the goal to educate- Because a school's primary objective is to educate, actions by a student that may interfere with the educational process can and should be restricted. Student Rights
Most issues that have arisen in the history of Student Rights have involved questions regarding students' freedoms of speech and expression. Today's framework for evaluating free speech in public schools divides student speech into three categories:
- vulgar, lewd, obscene, and plainly offensive speech - schools may suppress this type of speech on the grounds that part of their mission is to instill in young people the boundaries of socially acceptable behavior and to teach them the lessons of civil, mature conduct.
- school-sponsored speech - schools have the right to disassociate themselves from student speech that may convey the school's sponsorship of the intended message.
- all other student speech - this involves any other student expression that happens to occur on school property. Schools must respect students' free speech in this category as long as it does not disrupt the educators' mission or infringe on the rights of others. Students' Rights in Public Education, p.5-6
In recent decades, issues regarding student safety and surveillance have brought questions of the students' right to privacy to the forefront. The CTER project, "Surveillance in Schools: Safety vs. Personal Privacy," explores these newer legal concerns. School policies regarding security cameras, metal detectors, locker searches, and Internet tracking are examined. Surveillance in Schools
There are many facets to the ensuing debate on student rights. Including, but not limited to, discipline techniques, constitutional rights and censorship issues.
These debates mirror the eternal ones in the parental home and society at large. The irony is that some of the more pressing social changes are forced inside the school gates - see Brown v. Board of Education
Application in classrooms and similar settings
When examining student rights in terms of discipline, especially when discussing assertive discipline (AD), teachers need to be careful as they plan their techniques.
If we look further at teacher and student rights and how they work with in the classroom setting as teachers utilize assertive discipline we see that the rights of both teachers and students are fulfilled.
Since the basis of assertive discipline states that "is a structured, systematic approach designed to assist educators in running an organized, teacher-in-charge classroom environment." Assertive Discipline
Using this as an example, we see that teachers understand that it is their right to postively punish student behavior. One of the benefits of having a classroom which keeps the teacher in charge is that the teacher then is promoting the students' rights "...to have teachers who help them learn in a calm, safe environment..." (Charles, 1999)
In fact, student rights are meant in the following three ways when assertive discipline is used:
1. To be provided with a classroom atmosphere most conducive to learning.
2. To have a teacher who will provide positive support of a student’s appropriate behavior.
3. To be provided with a teacher who will help the student limit his/her inappropriate behavior.
These rights in some respects mirror the words of Jefferson in the Declaration on Independence. By design it allows students to learn in a safe, equal, happy and productive environment.
Evidence of effectiveness
One of the main advocates of student rights is the ACLU (American Civil Liberties Union). They have been quite successful in standing up for children's and students' rights, since youth complaints are not always taken seriously in the eyes of government or school administration.
The ACLU was a major factor in July of 2000: "the latest victory for student rights in cyberspace, a county judge here today ruled that public school officials cannot punish a student for free speech outside of school." ACLU The school board wanted to punish students for posting a website that poked fun at the vice principal of the school. The judge determined that even though it was not a nice thing to do, it was their right to post it. Since it was happening off school grounds with the student's personal computer and on his time, in essence the administration had not right to stop it or suspend the student.
Many other examples can be discovered in the news: One recent article explores a situation in Missouri and Ohio where a students were banned from wearing a shirt which expressed her support for gay rights. The ACLU has filed a lawsuit against the school for violating the student's first amendment rights. Exploring another aspect of student rights is the California government which mandated that all students and parents of the California must be notified of students' rights. It is required that notices be posted "informing students and their parents of certain basic education requirements, including access for all students to books and other learning materials, trained teachers, and clean and safe classrooms" ACLU
Critics and their rationale
Alternative explanations due to Diversity considerations
Signed "life experiences", testimonies and stories
I have found that many students feel they have more rights than they do. The first words out of some students mouth when a behavior is being corrected is "you can't do that to me!" What they fail to understand is by exhibiting inappropriate behavior, they are actually infringing on other students rights. I think this is the approach that needs to be taken in order to meet all the rights of all the students. -L. Gowler
References and other links of interest
Charles, C. M. (1999). Building Classroom Discipline, Sixth Edition. New York: Longman.
Davis, Kathy, John Kelsey, Dia Langellier, Misty Mapes, and Jeff Rosendahl. CTER. Surveillance in Schools: Safety vs. Personal Privacy.
The Rutherford Institute (2001). Students’ Rights in Public Education.
The U.S. Constitution Online, Constitutional Topic: Student Rights.
Statistics on Students' Rights Issues
Significant Supreme Court Decisions in the Development of Student Rights
(1943) West Virginia State Board of Education v. Barnette
(1969) Tinker v. Des Moines Independent Community School District
(1972) Olff v. East Side Union High School District
(1973) New Rider v. Board of Education, Pawnee County, Oklahoma
(1985) New Jersey v. T. L. O.
(1986) Bethel School District v. Fraser
(1988) Hazelwood School District et al. v. Kuhlmeier et al.
(1995) Vernonia School District 47J v. Acton
(2006) Morse and the Juneau School Board et al. v. Frederick
Resources for the Rights of Students with Disabilities:
