Student Rights

Common Law, Due Process, and Statutory Protection

Student Rights v State Rights

Education is not a fundamental right Students do have 1st and 14th

Amendment rights Balancing responsibility

Public schools respect the rights of the student

Students respect their obligations to the state

Common Law

Reduction in some personal freedoms Obligations on the part of both the

teacher and the student Reasonableness is the common law

watch word of the teacher-student relationship

Reasonableness

Two aspects : the reach of the school’s authority, and the nature and degree of the discipline

Conduct that is: Proper, rational and fair

Not: conduct that is immoderate, excessive, and unsuitable to the conditions

In loco parentis

In the place of the parent BUT school official’s rights are not co-

extensive with those of the parent

Wiemerslage v. Maine

Constitutional Due process

State can deprive an individual of a life, liberty, or property so long as the individual is given due process

14th Amendment – no state … shall deprive any person of life, liberty, or property w/out due process of law.

What Process is Due?

Depends on the circumstances General touchstones are:

notice hearing results and findings open to inspection

Due Process SUBSTANTIVE Valid objective of the

state Means must be

reasonable

Does the state have a valid objective to take away someone’s right to life, liberty or property?

PROCEDURAL Proper notice Opportunity to be heard Fair hearing

Did the state provide proper notice of the deprivation of life, liberty or property and did the person have an opportunity to be heard, and was the hearing conducted fairly?

Substantive Due Process State has no power to deprive a person of life,

liberty, or property by an action that has no reasonable relationship to any proper governmental purpose

State must have a valid objective and the means used must be reasonably calculated to meet the objective

Meyer v Nebraska 1923 liberty interest Dixon v Alabama 1961 property interest Tinker v Des Moines 1969 property interest Goss v Lopez 1975 property and liberty interest

Constitutional Due Process

Dunn v Fairfield 7th Circuit - 1998

Corporal Punishment

8th Amendment issue – Liberty interest

Ingraham v Wright SC 1977

Procedural Due Process

Dixon v. Alabama 5th Circuit 1961

Goss v Lopez SC 1975

McClain v Lafayette 5th Circuit 1982

You be the Judge An 11 year old 6th grader brought a 2 CD’s to school

with a song created and performed by the student and a friend. The song was titled “Gonna kill Mrs. Cox’s baby” Mrs. Cox was the student’s science teacher and was pregnant at the time. On the disc the lyrics were unintelligible, he was asked to write them down. He admitted he wrote them, and burned the songs onto the CDs. He was suspended for 2 weeks and at hearing was expelled for the remainder of the year. The parents argued that the evidence was arbitrary and capricious, and unreasonable and that the discipline was too severe.

Was it too severe? Was the behavior egregious enough? Were his rights violated?

You be the Judge!

A high school has a zero tolerance drug policy. A small amount of marijuana was found in a student’s car on campus. Student was expelled 3 days from the end of fall semester for the remainder of the year, including summer school. He received no credit for fall or spring classes. The longstanding (20 years) district practice was to expel the student caught with drugs. The school board upheld the discipline. The student filed for a judicial review. The trial court found that the expulsion must end on the last day of school and not include summer school; and that school board’s action was arbitrary and capricious. The School Board appealed and the Appeal Court agreed that the last day of school did not extend to summer school and that the district’s actions were arbitrary and capricious.

Sexual Harassment

Title IX of Educational Amendments, 1982

Quid pro quo Hostile environment Deliberate indifference standard

Sexual Harassment Cases

Teacher to Student Franklin v. Gwinett

SC 1992

Gebster v Lago VistaSC 1998

Student to Student Davis v. Monroe

SC 1999

Baynard v Malone 4th Circuit 2001

Important Concepts

Damages are available under Title IX School official must have actual notice

of circumstances and acted with deliberate indifference

Liability is limited to situations in which school has substantial control over the harasser and the context

Harassment must be so severe, pervasive and objectively offensive

Child Abuse

Reporting of suspected abuse is mandatory

Case: Arkansas v. Caldwell 1992