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
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
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
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
In how many states is corporal punishment still legal?
8
0
19
22