Roshnisha Stevenson & Dr. W.A. Kritsonis, student discipline
Students Rights 1 - School Law - Dr. W.A. Kritsonis
description
Transcript of Students Rights 1 - School Law - Dr. W.A. Kritsonis
Used by permission of Campus Ministry Tools(http://www.campusministrytools.com/yourRightsOnCampus.htm)
Student Rights on Campus
Student Rights on Campus
Separation of Church &
State
Student Student Rights on Rights on CampusCampus
Separation of Church &
State
• There is no such phrase in the constitution.
• It was in a personal letter from President Thomas
Jefferson to a small Baptist church in 1802. (Danbury,
Connecticut)
Student Student Rights on Rights on CampusCampus
Separation of Church &
StateThe Establishment Clause
“Congress shall make no law respecting an establishment of
religion or prohibiting the free exercise
thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble…” 1791The
First Amendment of the U.S.
Constitution
Student Student Rights on Rights on CampusCampus
1. Students have the right to Pray
on campus
Only…“Official State composed prayers are excluded from
the school.”
Engle v. Vitale 1962.
& Bender v. Williamsport Area School District 1986. (Supreme Court Decision)
Student Student Rights on Rights on CampusCampus
2. Students have the Right to
Meet together for Bible Study
“it shall be unlawful for any public secondary school…
to deny Equal Access…
to any students who wish to conduct a meeting…
on the basis of the religious…content at such meetings.”
The Equal Access Act -1984 .
Student Student Rights on Rights on CampusCampus
The Equal Access Act
The Equal Access Act -4071(c)(4)
*The Act was drafted to keep people from violating the
Establishment Clause of the US Constitution.
*Congress recognized that the state should not promote religion.
*However, the Equal Access Act doesn’t promote religious activity,
rather it gives it neutral treatment.
Student Student Rights on Rights on CampusCampus
The Equal Access Act -4071(a)(4)
Does the Equal Access Act apply to every school?”
• if it’s a secondary school
• if it receives Federal funding
• if has a “limited open forum”
The Equal Access Act
Student Student Rights on Rights on CampusCampus
The Equal Access Act -1984
What is a “limited open forum?”
• Some places like parks are a “completely open forum”
• Schools have a created an open forum for a particular group of
people – Students.Students.
The Equal Access Act
Student Student Rights on Rights on CampusCampus
The Equal Access Act -1984
Do all schools have a “limited open forum?”
• No. But most do.
• If any non-curriculum student groups are allowed to meet then the Equal Access Act is triggered.
The Equal Access Act
Student Student Rights on Rights on CampusCampus
The Equal Access Act -1984
What is a non-curriculum related student club?”
• Any student meeting that is not directly related to a class.
The Equal Access Act
• Does the public school usually sponsor an activity with this subject matter?
• Does the school require or directly encourage student participation in such a group in connection with curricular course work?
Student Student Rights on Rights on CampusCampus
The Equal Access Act -1984
Congress used these 2 questions to determine whether a student meeting was curriculum related:
The Equal Access Act
As long as the meeting does not “materially and substantially
interfere with the orderly conduct of educational activities
within the school.”
The Equal Access Act -The Equal Access Act -40714071(c)(4)(c)(4)
Student Student Rights on Rights on CampusCampus
Does that mean that anybody can meet?
• any beliefs
• any size
The Equal Access Act
The Equal Access Act -The Equal Access Act -40714071(c)(4)(c)(4)
Student Student Rights on Rights on CampusCampus
Can we talk about anything we want to? The school does not need to concern itself with the content of the religious speech – only whether the speech:
• Is illegal
• Threatens the well-being of teachers or students
• Is not voluntary
• Materially & substantially interferes with the orderly conduct of educational activities within the school
The Equal Access Act
Student Student Rights on Rights on CampusCampus
As long as the meeting As long as the meeting does not “does not “materially and materially and
substantially interferesubstantially interfere with with the orderly conduct of the orderly conduct of educational activities educational activities
within the school.”within the school.”
The Equal Access Act -The Equal Access Act -40714071(c)(4)(c)(4)
What about the KKK and other Anarchy type groups?
The Equal Access Act
Student Student Rights on Rights on CampusCampus
As long as the meeting As long as the meeting does not “does not “materially and materially and
substantially interferesubstantially interfere with with the orderly conduct of the orderly conduct of educational activities educational activities
within the school.”within the school.”
The Equal Access Act -The Equal Access Act -40714071(c)(4)(c)(4)
• What about gay & lesbian groups?
• What about wiccan?
The Equal Access Act
Student Student Rights on Rights on CampusCampus
“if the schools limited open forum includes non-student
participation then non-student participation must be permitted for all such
student groups.”
Student Coalition for Student Coalition for Peace v. Lower Merion Peace v. Lower Merion
School District 1985.School District 1985.
What about non-school persons?
The Equal Access Act
Student Student Rights on Rights on CampusCampus
““non-school persons non-school persons may not direct, conduct, may not direct, conduct,
control or regularly control or regularly attend activities of attend activities of student groups.”student groups.”
The Equal Access Act -The Equal Access Act -40714071(c)(5)(c)(5)
What about non-school persons?
The Equal Access Act
Student Student Rights on Rights on CampusCampus
3. Students have the Right to Carry and
read their Bible on Campus
Students may carry and read their Bible
at school.
The Equal Access Act 1984 .
Student Student Rights on Rights on CampusCampus
4. Students have the Right
to Have Religious Services.
The Supreme Court reinstates a US District
Court decision that allowed public H.S. students to meet during an activity period for
prayer, Bible Study and religious discussion during the school day on campus.
Bender v. Williamsport Area School District 1986. (Supreme
Court Decision)
Student Student Rights on Rights on CampusCampus
5. Students have the Right to Be excused.
Public students cannot be forced to
participate in activities that violate
their religious convictions.
West Virginia Board of Education vs. Barnette.
1943 .
Student Student Rights on Rights on CampusCampus
6. Schools may Accommodate
students religious needs.
Students may be released during the
school day to receive religious instruction off
campus.
Called “Release time education.”
(Varies state to state)
Zorach v. Clauson 1952.
Student Student Rights on Rights on CampusCampus
7. Students may engage in
controversial Speech.
They may discuss controversial topics concerning religious,
political and philosophical viewpoints.
Healy v. James 1972.
Student Student Rights on Rights on CampusCampus
8. Students Have the right to Distribute
Literature
9. Students Have the right to wear Christian T-shirts
Tinker v. Des Moines 1969
The school may impose restrictions in these areas but they must be the same for
both religious and non-religious
content.
Student Student Rights on Rights on CampusCampus
10. Students do not shed their
Constitutional Rights at the Doors
of their School
Both teachers and students retain their
First Amendment rights while on
school grounds.
Tinker v. Des Moines Independent School
District. 1969
Student Student Rights on Rights on CampusCampus
You are an American.
The Establishment Clause
“Congress shall make no law respecting an establishment of
religionreligion or prohibiting the free exercise
thereof; or abridging the freedom of speechspeech or of the presspress; or the right of the people peaceably to
assembleassemble…” 1791.
The First Amendment of the U.S.
Constitution
Student Student Rights on Rights on CampusCampus
You are an American.
The First Amendment gives you…Freedom of Religion
Freedom of Speech
Freedom of Press
Freedom of Assembly
Freedom of Redress
Student Student Rights on Rights on CampusCampus
You are an American.
Freedom of Religion
Freedom of Speech
Freedom of Press
Freedom of Assembly
Student Student Rights on Rights on CampusCampus
Campus Campus websites:websites:
www.reachthecampuswww.reachthecampus.com.com
www.gocampus.orgwww.gocampus.org
www.everyschool.cowww.everyschool.comm