EDU503-Unit6.pdf

Dimensions of Learning II

EDU 503

Belhaven University

Unit 6

Student Rights (from a Constitutional point of view)

Class Introduction

 Public school teachers provide a safe

environment for learning. Teachers

acknowledge and uphold students’

inalienable rights operating in Loco Parentis

within an educational context.

 Public school children do not have the same

level of constitutional rights as adults where

educators balance students’ rights together

with the public school’s mission.

 Law is not an end but rather a ruler whereby

an educator “mediates” within practice

Class Introduction – In Loco Parentis

 If an act of a student can interfere with the

educational process, that act may, in many

cases, be suppressed

 While a student is in the custody of a school,

the school acts as “parent” and outside

governmental “purview”

 We educators are committed to a citizenry of

the constitutional idea of libertarian rights

protected through law

Topics we’ll cover (as introductory)

 Students’ constitutional rights in the public

education classroom

 Teachers are representatives of the State and as

such abide by School Board policy/handbook, that

which is espoused from State government, and of

course the Supreme Federal Constitution and law

of the land which supersedes all other lawful

tenants.

 Mississippi Teacher Code of Ethics

Class Objectives

 Become familiar with students’ Constitutional

rights in the public school classroom.

 Become familiar with the public school

teacher’s role in understanding and

supporting student rights in an educational

setting, always following School Board policy

and those specifics as written in the district

handbook and Constitutional rights.

Readings/Court Cases of Interest

 New Jersey v TLO

 Civil Rights Act of 1964

 Tinker v Des Moines

 Bethel School v Fraser

 Hazelwood School v Kuhlmeier

 Board v Barnette

 Keyishian v Board of Regents

Biblical Foundation

 Render therefore unto Caesar the things

which are Caesar's; and unto God the things

that are God’s. (King James Version: Matthew 22:21)

 Everyone must obey state authorities,

because no authority exists without God's

permission, and the existing authorities have

been put there by God. (Good News Translation: Romans 13:1)

 As I have loved you, so you must love one

another. (New International Version: John 13:34)

Religious Freedom

 School sponsorship of prayer is prohibited.

 Educators cannot use their authority/influence to

lead devotion/religious activities – the degree of

involvement is important.

 Schools cannot promote a religious faith;

however, the Bible may be taught from a

curriculum perspective (historical or cultural

or literary).

 Students may practice their religious beliefs

at school provided the educational

environment is not disrupted.

Religious Freedom

 Teachers cannot proselytize to students.

 Teachers cannot lead devotions (clubs,

graduation speeches, ball games, create prayer

walls, etc. (teacher instituted action is prohibited

and viewed as proselytizing).

The Constitution does not prohibit public school students from voluntarily

praying at schools; however, many schools prohibit students religiously

proselytizing in graduation speeches and before ball games.

Consider that most schools use “moment of silence” in avoiding appearance

of “encouraging students” to pray

Test Your Knowledge:

 A student wears a Burka and/or Hijab

 Is this student likely in violation of a school’s dress

code? Why/Why not?

 A student wears a cross necklace

 Is this a protected expression?

 You are a chorus teacher; can you

incorporate religious song(s) in the

curriculum?

Freedom of Speech/Expression

 Founding Fathers penned the First Amendment to

protect expressive activities. The Supreme Court

has often applied the First Amendment’s

protections broadly; however, student speech in

schools is somewhat restricted and “not

automatically coextensive with the rights of adults

in other settings” (McCarthy, 2004).

 The classroom should be a place where “exchange

of ideas” is supported and encouraged.

 Example: students do not have to stand for the Pledge;

this “expression” is a protected right

 Students express themselves through various forms of

expression. (wear a political, ethnic or cultural, religious

button/badge/emblem, etc.). Likewise, students have

the right to refrain from expressing themselves.

The educator may always regulate expression when

there is educational concern (disruption of school,

safety/health concerns, etc.), but there must be

legitimate educational concerns.

Freedom of Speech/Expression –

protected:

Freedom of Speech/Expression –

unprotected: Defamatory, obscene, inflammatory communication,

vulgar expression, extreme disorderly conduct

 Reactions of the listeners and recipient

 Is it a repeat behavior (expression)

 Is it reasonable to assume violence will occur

Consider the following:

Poem, rap song, political speech, graduation speech, written letter,

online post, creative writing assignment ….are not “blanket”

protected.

The Supreme Court recognizes need for proper decorum and

complying with school rules as valid educational doctrine.

School Boards through policy usually list prohibited manners of

speech, and the School Board is a law-making body.

Freedom of Speech/Expression – cont.

unprotected:

 A school “publication” speech is NOT protected speech

and may be censored if it does not represent

consistency with school mission.

 Students may express their opinions on controversial

issues; however, this is NOT protected expression if

this substantially interferes with school operations,

missions, or the rights of others. Likewise, student

expressions off campus with a direct and detrimental

impact on the school is NOT protected.

Test Your Knowledge: A student walks quietly out of class as an

expression of protest.