ERIC Number: ED113845
Record Type: RIE
Publication Date: 1975
Reference Count: N/A
Student Conduct: Recent Developments in Constitutional Law.
Reutter, E. Edmund, Jr.
This presentation focuses on specific applications of the rule-making power of public school authorities. Many of the cases involving student-school board conflicts are decided without a holding on the merits of the rule involved. Obviously, if due process is not observed in meting out a punishment, the court will hold for the student without reaching the rule. Likewise, if the type or extent of punishment is successfully challenged, the validity of the rule may not be decided, although dicta may be relevant to the point. The following are minimum essentials for an enforceable rule of student conduct: (1) the rule must be publicized to the students; (2) the rule must have a legitimate educational purpose; (3) the rule must have a rational relationship to the achievement of the stated educational purpose; (4) the meaning of the rule must be reasonably clear; (5) the rule must be sufficiently narrow in scope so as not to encompass constitutionally protected activities along with those that constitutionally may be proscribed in the school setting; and (6) if the rule infringes on a fundamental constitutional right of students, a compelling interest of the school (state) in the enforcement of the rule must be shown. (Author/IRT)
Descriptors: Board of Education Policy, Boards of Education, Court Litigation, Discipline, Due Process, Educational Administration, Elementary Secondary Education, Student Behavior, Student Rights, Students, Supreme Court Litigation
Available only as part of complete document, see EA 007 648
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 12 of EA 007 648