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Students’ Rights
EDU 224 | Newberry College
Students’ Rights
• What can students do? Not do?
• Of what student rights should teachers be
aware?
• What does it mean to be a professional?
Students’ Rights
Question #1
Who gets to see
students’
confidential
information?
Are grades
confidential?
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 teacher’s
gradebook (Owasso Independent School District v.
Falvo, 2002).
See pp. 256-257
Students’ Rights
Question #2
Is it legal to designate gender as a
criterion for a scholarship?
Technically, no. Title IX says scholarships must
be awarded based on objective criteria applied
without regard for gender.
See pp. 257-258
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?
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 official can be held liable for
damages if they violate these 14th Amendment
rights.
See pp. 258-259
Students’ Rights
Question #4
Is corporal
punishment legal in
schools?
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
Students’ Rights
Question #5
How protected are
students’ rights to
free speech? What
can they say or wear
in public schools?
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
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
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
Students’ Rights
Question #6
What about prayer in
public schools?
“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
Students’ Rights
Question #7
What are the limits
of a student
search?
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
Students’ Rights
Question #8
When can an
HIV-infected
student’s educational
rights be restricted?
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
Students’ Rights
Question #9
Can you be charged
with sexual
harassment for
hugging a student?
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
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.”
What does it
mean to act as
a professional?
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.
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