Dimensions of Learning II

EDU 503

Belhaven University

Unit 6

Student Rights (from a Constitutional point of view)

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Class Introduction

 Public school teachers provide a safe

environment for learning. Teachers

acknowledge and uphold students’

inalienable rights operating in Loco Parentis

within an educational context.

 Public school children do not have the same

level of constitutional rights as adults where

educators balance students’ rights together

with the public school’s mission.

 Law is not an end but rather a ruler whereby

an educator “mediates” within practice

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Class Introduction – In Loco Parentis

 If an act of a student can interfere with the

educational process, that act may, in many

cases, be suppressed

 While a student is in the custody of a school,

the school acts as “parent” and outside

governmental “purview”

 We educators are committed to a citizenry of

the constitutional idea of libertarian rights

protected through law

Topics we’ll cover (as introductory)

 Students’ constitutional rights in the public

education classroom

 Teachers are representatives of the State and as

such abide by School Board policy/handbook, that

which is espoused from State government, and of

course the Supreme Federal Constitution and law

of the land which supersedes all other lawful

tenants.

 Mississippi Teacher Code of Ethics

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Class Objectives

 Become familiar with students’ Constitutional

rights in the public school classroom.

 Become familiar with the public school

teacher’s role in understanding and

supporting student rights in an educational

setting, always following School Board policy

and those specifics as written in the district

handbook and Constitutional rights.

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Readings/Court Cases of Interest

 New Jersey v TLO

 Civil Rights Act of 1964

 Tinker v Des Moines

 Bethel School v Fraser

 Hazelwood School v Kuhlmeier

 Board v Barnette

 Keyishian v Board of Regents

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Biblical Foundation

 Render therefore unto Caesar the things

which are Caesar's; and unto God the things

that are God’s. (King James Version: Matthew 22:21)

 Everyone must obey state authorities,

because no authority exists without God's

permission, and the existing authorities have

been put there by God. (Good News Translation: Romans 13:1)

 As I have loved you, so you must love one

another. (New International Version: John 13:34)

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Religious Freedom

 School sponsorship of prayer is prohibited.

 Educators cannot use their authority/influence to

lead devotion/religious activities – the degree of

involvement is important.

 Schools cannot promote a religious faith;

however, the Bible may be taught from a

curriculum perspective (historical or cultural

or literary).

 Students may practice their religious beliefs

at school provided the educational

environment is not disrupted.

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Religious Freedom

 Teachers cannot proselytize to students.

 Teachers cannot lead devotions (clubs,

graduation speeches, ball games, create prayer

walls, etc. (teacher instituted action is prohibited

and viewed as proselytizing).

The Constitution does not prohibit public school students from voluntarily

praying at schools; however, many schools prohibit students religiously

proselytizing in graduation speeches and before ball games.

Consider that most schools use “moment of silence” in avoiding appearance

of “encouraging students” to pray

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Test Your Knowledge:

 A student wears a Burka and/or Hijab

 Is this student likely in violation of a school’s dress

code? Why/Why not?

 A student wears a cross necklace

 Is this a protected expression?

 You are a chorus teacher; can you

incorporate religious song(s) in the

curriculum?

Freedom of Speech/Expression

 Founding Fathers penned the First Amendment to

protect expressive activities. The Supreme Court

has often applied the First Amendment’s

protections broadly; however, student speech in

schools is somewhat restricted and “not

automatically coextensive with the rights of adults

in other settings” (McCarthy, 2004).

 The classroom should be a place where “exchange

of ideas” is supported and encouraged.

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 Example: students do not have to stand for the Pledge;

this “expression” is a protected right

 Students express themselves through various forms of

expression. (wear a political, ethnic or cultural, religious

button/badge/emblem, etc.). Likewise, students have

the right to refrain from expressing themselves.

The educator may always regulate expression when

there is educational concern (disruption of school,

safety/health concerns, etc.), but there must be

legitimate educational concerns.

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Freedom of Speech/Expression –

protected:

Freedom of Speech/Expression –

unprotected: Defamatory, obscene, inflammatory communication,

vulgar expression, extreme disorderly conduct

 Reactions of the listeners and recipient

 Is it a repeat behavior (expression)

 Is it reasonable to assume violence will occur

Consider the following:

Poem, rap song, political speech, graduation speech, written letter,

online post, creative writing assignment ….are not “blanket”

protected.

The Supreme Court recognizes need for proper decorum and

complying with school rules as valid educational doctrine.

School Boards through policy usually list prohibited manners of

speech, and the School Board is a law-making body.

Freedom of Speech/Expression – cont.

unprotected:

 A school “publication” speech is NOT protected speech

and may be censored if it does not represent

consistency with school mission.

 Students may express their opinions on controversial

issues; however, this is NOT protected expression if

this substantially interferes with school operations,

missions, or the rights of others. Likewise, student

expressions off campus with a direct and detrimental

impact on the school is NOT protected.

Test Your Knowledge: A student walks quietly out of class as an

expression of protest.

 Is this protected expression?

 A student wears a black armband to protest war.

 Is this protected expression?

 A student stands up in class and begins saying the

Lord’s prayer.

 Is this protected expression?

 A student drives to school and his/her truck has a

mounted Confederate Flag waving in the wind.

 Is this protected expression?

Students have the right to gather, distribute petitions, to express their ideas in nondisruptive

ways. 15

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 A student created a video circulating on

multiple student phones where he/she is

making derogatory remarks about a teacher

 Is this protected expression?

 A student wears a political button to class.

 Is this protected expression?

 A student asks to go pray; do you let them out

of class?

 Is this protected expression? Students have the right to express their religion with other students before or after

school or at lunch … as other student expression is not restricted to school matters.

Religious expression is not “burdened more” than any other personal expression.

Test Your Knowledge:

"It can hardly be argued that either students or

teachers shed their constitutional rights to

freedom of speech or expression at the

schoolhouse gate." (Tinker v Des Moines)

Search and Seizure

 Rules are established for searches via School Board

policy. In exercising “reasonableness” and upholding

students’ rights, a classroom teacher should always let

administration handle search. There is immediacy with

safety and/health concerns, and the teacher is expected

to act within teacher parameters as set in the handbook.

Consider the following:

 Alerting administrators if theft is suspected in the classroom

 Alerting administrators if there are suspicions regarding backpack

contents, contents in a vehicle, tobacco possession, etc.

 The classroom teacher does not search but follows

policy.

Freedom from Discrimination

 As an “agent” of the State, the classroom

teacher does not discriminate. Federal law

prohibits discrimination based on race, color,

sex, religion, disability, and national origin.

 Safe Schools Improvement Act

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 Student handbooks are key; following policy

is key

 Consistency in punishment

 Equal Access (14th Amendment)

 Property (right to education)

 Due process

Freedom from Discrimination

Student Rights – State Constitutional code MS Code § 37-9-59 (2013) (Grounds and procedure for dismissal or

suspension of licensed employee)

 For incompetence, neglect of duty, immoral conduct, intemperance, brutal

treatment of a pupil or other good cause, the superintendent of schools may

dismiss or suspend any licensed employee in any school district. ….

 Examples of each:

 Incompetence – constantly late for work

 Neglect of duty – not following district policy, missing duty responsibility

 Immoral conduct – discussing adult weekend activities, actions and

behaviors which could be deemed contrary to role model actions and

behaviors, being charged with a crime

 Intemperance – smelling of alcohol, yelling (showing lack of restraint

and control)

 Brutal treatment – not allowing a student to eat lunch, (corporal

punishment is allowed in MS; however, school policy may

prohibit; grabbing a student, etc.)

 Other good cause ….

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Recap of the class

 Teachers follow district policy as set forth by

School Board adopted policies and handbooks.

 Teachers abide within US Constitutional Rights

as part of an educational practice.

 Teachers uphold State Constitutional

educational code in carrying out duties as an

agent of the state.

 Teachers are advocates for all people to

further model and respect the guarantees of

human rights and liberties of students.

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Sources/Readings of Interest:

 https://billofrightsinstitute.org/founding-

documents/bill-of-rights/

 New Jersey v TLO

 Civil Rights Act of 1964

 Tinker v Des Moines

 Bethel School v Fraser

 Hazelwood School v Kuhlmeier

 Board v Barnette

 Keyishian v Board of Regents

What’s next?

 Complete your detailed reading

 Answer the discussion questions

 Complete the writing assignments

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References

McCarthy, M. M., Cambron-McCabe, N. H., &

Thomas, S. B. (2004). Legal rights of

teachers and students. Upper Saddle

River, NJ: Pearson Education.

U.S. Constitution

The State of Mississippi Constitution

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