ERIC Number: ED244899
Record Type: RIE
Publication Date: 1984
Reference Count: 0
The U.S. Constitution in School: The Rights of the Student.
Avant, Gayle R.; Davis, Hugh, Jr.
The individual rights of students as revealed in federal court decisions are surveyed and summarized. Following a brief outline of the overall judicial approach, using the Tinker vs. Des Moines Independent School District court case as an example, the document is arranged into two major parts. Part 1 examines compulsory attendance laws, dress and hair codes, laws limiting drugs and alcohol on school grounds, and student rights concerning speech and expression. Part 2 focuses on the legality of common methods of maintaining classroom discipline (corporal punishment, suspension, and expulsion) and also on the liability of school districts, school boards, and school officials. Supporting court cases are cited throughout the article including the following: Pierce vs. Society of Sisters (1925), Ferrell vs. Dallas Independent School District (1908), People vs. Overton (1967), State vs. Steen (1969), Scoville vs. Board of Education of Joliet Township (1970), West Virginia State Board of Education vs. Barnette (1943), Ingraham vs. Wright (1977), Goss vs. Lopez (1975), Monell vs. New York City Department of Social Services (1978), and Wood vs. Strickland (1975). (LH)
Descriptors: Corporal Punishment, Court Litigation, Discipline Policy, Dress Codes, Drug Legislation, Educational Legislation, Elementary Secondary Education, Expulsion, Freedom of Speech, Illegal Drug Use, Legal Responsibility, Public Schools, School Attendance Legislation, School Law, Student Rights, Suspension
Publication Type: Opinion Papers; Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Southwestern Political Science Association (62nd, Fort Worth, TX, March 21-24, 1984).