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Students' Rights and Responsibilities

Textbook Objective

Student Records and Privacy

The Buckley Amendment: federal act that makes school records accessible to students and their parents

Describe students' legal rights and responsibilities.

Permissible Search and Seizure

Students' Rights in Disciplinary Actions

Law excludes:

  • teachers' private notes
  • private grade books
  • correspondence with administrators.

Students Should be Able to...

Legal

  • school must have probable cause to search students
  • nature of the search must be non intrusive (metal detectors, surveillance cameras, or opening a school bag)
  • school lockers
  • drug testing for voluntary school activities

Due process: legal requirement that all states must respect the legal rights of each person

Limiting the right to an education, such as with suspensions, can only occur when using due process

  • Describe the pros and cons of school uniforms

It is a controversial law because teachers have to take extra precautions to keep records safe from potential trespassers.

Illegal

  • intrusive searches
  • schoolwide drug testing

Requires that certain steps be followed

  • Explain the Buckley Amendment

Disciplining Students with Exceptionalities

Provided additional legal safeguards under IDEA

Can be disciplined the same as other students, but administrators must review to determine if behavior was related to the disability

IDEA 2004 made it easier to remove a student with disabilities under special circumstances

Review

They can be moved to an alternative education setting for up to 45 days

  • Know what corporal punishment is, and be able to give an example
  • Understand the parts of due process

pros of uniforms?

Corporal Punishment

cons of uniforms?

Corporal punishment: the use of physical, punitive disciplinary actions to correct student misbehavior

Students' Freedom of Speech

Legal in 19 states

Review

Give an example of an intrusive search

Bracelet Ban in Pennsylvania

Give an example of a non-intrusive search

Supreme Court ruled in 1977 that it wasn't a violation of the Constitution

Why do some teachers have mixed feelings about the Buckley amendment?

Right to express themselves-- provided doing so doesn't interfere with learning

Review

Give an example of corporal punishment

When is due process used?

Can students be denied due process?

Dress Code

Students With Aids

Most common in the South and lower Midwest states

required

prohibited

examples?

Conditions to use Corporal Punishment

  • how we dress is an expression of who we are
  • Tinker v. Des Moines Community School District

School Uniforms

The punishment is intended to correct misbehavior

Administering the punishment doesn't involve anger or malice

Punishment is not cruel or excessive and doesn't cause injury

Against

In Favor

  • major health issue in schools in the 1980s

Twice as likely to be used on minorities

  • lower clothing costs
  • better behavior
  • reduced social stratification
  • violates students rights
  • students will find other ways to compete

Others?

Ray v. School District of Desoto County

  • Bethel School District No. 403 vs. Fraser

students protected by Disabilities Act of 1991

  • every hour two people under the age of 25 are infected with aids

What do you think?

  • 25% of infants whose mothers have HIV become infected themselves

(HIV causes AIDS)

In how many states is corporal punishment still legal?

8

0

19

22

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