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ERIC Number: ED253966
Record Type: RIE
Publication Date: 1984
Reference Count: 0
The Right to Safe Schools: A Newly Recognized Inalienable Right.
Sawyer, Kimberly A.
California's Proposition 8, known as "The Victims' Bill of Rights," contains a safe-schools provision that states: "All students and staff of primary, elementary, junior high and senior high schools have the inalienable right to attend campuses which are safe, secure and peaceful." Through extended reference to federal and state case law, this legal comment attempts to prove that this "inalienable" right to safe schools is much more than a statement of policy. The following legal analysis is established. The constitutional amendment gives students and staff members of public schools the right to school campuses free of crime and violence. That right is enforceable by the California courts without implementing legislation. The courts should enforce the provision by imposing on school districts an affirmative duty to make their schools safe. An increase in costs for school districts should not bar the courts from imposing that duty. After establishing that the right to safe schools is fully enforceable by the courts, the comment suggests two possible damage remedies, one based on tort law and one based on the state constitution. (MLF)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Discipline Problems, Drug Abuse, Educational Environment, Elementary Secondary Education, Equal Protection, Legal Responsibility, Public Schools, School Districts, School Law, School Personnel, School Responsibility, School Security, School Vandalism, State Legislation, Victims of Crime
Publications, National School Safety Center, 7311 Greenhaven Drive, Sacramento, CA 95831 (single copies free).
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Sponsor: Department of Justice, Washington, DC. Office of Juvenile Justice and Delinquency Prevention.
Authoring Institution: Pepperdine Univ., Malibu, CA.; National School Safety Center, Sacramento, CA.
Identifiers: California; Victims Bill of Rights (California 1982)
Note: Reprinted from: The Pacific Law Journal; v14 n4 p1309-41 Jul 1983.