 Students do have rights to express their ideas and
opinions in schools. However, student rights to
expression in school are limited.
 Achieving the right balance is often difficult.
 The First Amendment rights of citizens to freedom of
expression have traditionally been considered the
cornerstone of American democracy.
 As important as student perceptions may be, school
leaders have an obligation to maintain good order.
Family Educational Rights and
Privacy Act(FERPA)
 Parents have the right to inspect and review their
child’s education records maintained by the school.
This right transfers to the eligible student at 18 years of
age.
 Parents or eligible students have the right to ask for a
review of records that they believe to be accurate or
misleading. Schools must respond promptly to such
requests. A formal hearing may be requested if the
school refuses to amend disputed records.
FERPA cont.
 Schools must have written permission from the parent or
eligible student in order to release any information from a
student’s educational record without consent, except:
- Schools officials with legitimate educational interest
- Other schools to which a student is transferring
- Specified officials for audit or evaluation purposes
- For compliance with a judicial order or subpoena
- Appropriate officials in cases of health and safety
emergencies
- State and local authorities
FERPA cont.
 Schools must retain a written log with the educational
records of each student indicating all individuals, agencies,
or organizations that have requested or obtained access to
a student’s educational records.
 Directory Information
- FERPA permits schools to designate certain information,
such as names, addresses, etc. such as directory
information.
- Schools are required to provide a yearly notice to parents
and eligible students of any designated categories of
directory information and allow a reasonable time for
refusal of release of any information.
Students and the First
Amendment
 Tinker vs. Des Moines School District – described by
some as the mother of school law; famous black
armband case.
- Court found that the message conveyed represented
pure speech that is entitled to protection.
- Unabridged student speech would likely result in
chaos.
- Speech can be suppressed if the expression
substantially disrupts the educational process or
collides with the rights of others.
Disruptive Speech
 Students free expression rights do not extend to
derogatory, disrespectful, profane, or vulgar speech.
 Bethel School District vs. Fraser – Schools can
discipline students for indecent speech.
- Hazelwood School District vs. Kuhlmeier – educators
do not offend First Amendment by exercising editorial
control over the style and content of student speech in
school-sponsored activities.
Six Points Most Courts Consider
 Amount of disruption.
 Is the speech lewd, vulgar, or offensive?
 Is the speech school-sponsored or private?
 Is the forum public or private?
 How old is the student?
 Is the restriction content-neutral or viewpoint based?
Student Dress
 Higher level of scrutiny is appropriate only for
viewpoint specific cases.
 School officials have greater discretion in obscene,
vulgar, and/or disruptive clothing.
 Even more discretion is allowed if the speech or dress
can be considered school sponsored.
 School Uniforms – choice of clothing is not protected
by the first amendment.
 Gang attire – dress codes or policies adopted to combat
gang activity are likely to be upheld if facts show a
gang presence in school.
Threats
 The U.S. Supreme Court has established that a threat
that is not true is protected speech.
- However, if spoken or written language appears to a
reasonable person as threatening, or could be
perceived by a reasonable person to be threatening,
then it is a threat, i.e. reasonable person standard.
 Threat Assessment starts with a determination as to
whether or not a true threat has been made.
 Threat assessments should focus on the totality of
behaviors, motives, and communications rather than
relying on a single “one size fits all” policy.
Threats cont.
 The question is not whether the student made a
threat, but rather whether the student poses a threat.