EDU 224 | Newberry College

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

Students’ Rights
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
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
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 officials can be held liable for damages if they violate these 14 th Amendment rights.
See pp. 258-259

Students’ Rights
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
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
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
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
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
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.”

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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