Chapter 6 Learners Rights Responsibilities Learners Responsibilities Attendance

Chapter 6 Learners Rights & Responsibilities Learners’ Responsibilities Attendance – most fundamental responsibility Compulsory attendance - ? $3, 000 - $24, 000 -- 2% @ home Alternative must be equivalent Depends on state law

Behavior Responsible to follow reasonable school rules Must comply & submit to your authority To & from school, playground, recess Destruction of property – no grades or tran. Capital offense – immediate suspension Reasonable for safety of school – unambig.

Learners’ Rights In Loco Parentis In place of the parent Has changed – no longer assume More distant from parents Not center of community anymore Not ability to change teaching situation Don’t assume!!!

Education as a Privilege or Right Once was only for those that went by rules No due process Now, no action without due process Landmark case – armbands Economic impact changed everything

Due Process 14 th amendment – due process Property right or liberty right Education is property – reputation is liberty Substantive component – must have written rules & hearing Procedural Component - students must know rules – right to a lawyer - defense

Freedom of Expression Tinker v. Des Moines Independent Community School District (1969) Arm bans – free expression Cant be disruptive Can be critical if not disruptive Can censor if disruptive

Freedom of Conscience Objections to curriculum – ok if religious or moral objections – sex ed, dancing, playing cards, watching a movie, creationism Saluting the Flag – can refuse for religious and moral beliefs Not a substantial risk to the state

Search & Seizure 4 th amendment – unreasonable Two principles – Probable Cause – sufficiently convincing Reasonable Suspicion – The expectation of privacy – potential intrusiveness of the search

Personal Appearance & Dress Code Precipitated by gang activity Schools must prove that clothing is unsafe or disruptive Grooming is different Jewelry – jeans, gender clothes, hair color

Sexual Harassment Not tolerated by courts Severely punished staff involved w/student Leaner-to-learner obligations just emerging Courts have ruled that schools will be held liable if they know

Rights of Learners w/ Disabilities Changed in 1975 Now, all have right to school Cant be suspended or expelled w/out hearing Change in placement

Family Rights & Privacy FERPA – 1974 Parents & learners over 18 have the right to view all records at anytime Parents must give permission to release

Emerging Issues Internet use Community service Access to vulgar, obscene, inappropriate materials