EDU 224 Foundations of Teaching and Learning

1
Students Rights EDU 224 Newberry College
2
Students Rights

• What can students do? Not do?
• Of what student rights should teachers be aware?
• What does it mean to be a professional?

3
Students Rights Question 1

• Who gets to see students confidential
  information? Are grades confidential?

4

• The 1974 Buckley Amendment (Family Rights and
  Privacy Act) allows parents, guardians, and
  students 18 and older access to educational
  records.
• Written permission is needed to share records
  with anyone other than professionals at your
  school.
• Students can grade their peers academic work and
  even announce results in class. Grades do not
  become private until they are recorded in the
  teachers gradebook (Owasso Independent School
  District v. Falvo, 2002).

See pp. 256-257
5
Students Rights Question 2

• Is it legal to designate gender as a criterion
  for a scholarship?

6

• Technically, no. Title IX says scholarships must
  be awarded based on objective criteria applied
  without regard for gender.

See pp. 257-258
7
Students Rights Question 3

• You have a student who is a constant disruption.
  He does something that sends you over the edge
  and you send him to the principal, who suspends
  him for a week. Is this legal?

8

• The Supreme Court has decided that a student can
  be suspended only if the school has followed due
  process.
• A student must be informed of the rules she has
  broken, the evidence against her, and must be
  given the opportunity to tell her side of the
  story. School officials can be held liable for
  damages if they violate these 14th Amendment
  rights.

See pp. 258-259
9
Students Rights Question 4

• Is corporal punishment legal in schools?

10

• It is a state issue.
• The Supreme Court has said that corporal
  punishment should be reasonable and not
  excessive, and that many factors including the
  force and attitude of the person administering
  the punishment should be considered.

See pp. 258-259
11
Students Rights Question 5

• How protected are students rights to free
  speech? What can they say or wear in public
  schools?

12

• Tinker case School systems cannot prohibit
  students from wearing something (ex., black arm
  bands) or engaging in free speech that does not
  disrupt school operations or deny other students
  the opportunity to learn.

See pp. 260-262
13

• First Amendment Limits on Free Speech
• Students must feel safe from attacks based on
  sexual orientation, race, religion, and gender
  while at school.
• Free speech cannot promote an illegal activity.
  (Morse v. Frederick)
• Obscene and/or indecent language is not
  protected. (Bethel School District v. Fraser)

See pp. 258-259
14

• What about school newspapers?
• In 1988, the Supreme Court held that students
  newspapers written as part of a school should be
  viewed as part of the official school curriculum
  and may be censored.
• Papers financed by students and/or not associated
  with an official school course have more freedom.
  

See pp. 258-259
15
Students Rights Question 6

• What about prayer in public schools?

16

• The Supreme Court has ruled that educators must
  be completely neutral with regard to religion and
  may neither encourage nor discourage prayer.
• Students may engage and private prayer and
  religious discussions, and even have clubs if
  nonreligious clubs are also given space.
• NCLB specifically protects student prayer rights.
  

See p. 262
17
Students Rights Question 7

• What are the limits of a student search?

18

• School property including lockers or cars
  parked on school property can be searched.
• The school has a in loco parentis responsibility
  to protect children. Even random drug testing of
  students participating in extracurricular
  activities is allowed.
• Police dogs can sniff students, but strip
  searches are illegal.

See p. 263-264
19
Students Rights Question 8

• When can anHIV-infected students educational
  rights be restricted?

20

• Illnesses can be considered a disability. Those
  students rights to a least restrictive
  environment are protected unless they pose a
  serious public risk.
• To date HIV-infected students and teachers are
  not viewed as a significant risk.

See p. 265
21
Students Rights Question 9

• Can you be charged with sexual harassment for
  hugging a student?

22

• Students can sue a school district for monetary
  damages in cases of sexual harassment (by other
  students or by staff) under Title IX and win if
  the district has shown deliberate indifference.
  Individuals can also be sued.
• Again sexual harassment is unwelcome behavior
  of a sexual nature that interferes with students
  and teachers abilities to learn, study, work,
  achieve, or participate. Hostility and ridicule
  toward homosexual students is sexual harassment.
  
• Be aware of others perceptions.

See pp. 265-266
23

• School law changes.
• It is your responsibility to be informed and stay
  current with the law and your district policies.
• Ignorance is no defense.
• Practice preventative law.

24
What does it mean to act as a professional?
25
Morrison on being a professional

• Stay knowledgeable of the law and district
  policies.
• Stay true to your beliefs and philosophy while
  remaining ethical.
• Be a role model for colleagues and students.
• Act as an advocate for students and their
  learning.

26
Class Wiki
http//edu224fall2010.pbworks.com