ERIC Number: ED125980
Record Type: RIE
Publication Date: 1976-Mar
Reference Count: 0
The Constitutional Rights of Students: Analysis and Litigation Materials for the Student's Lawyer.
Lines, P. M., Ed.
This manual has been prepared to assist legal services lawyers who are representing students whose rights have been curtailed or violated by school authorities. The manual will assist a lawyer in identifying the best legal theory for the case, the judicial precedent, and suggested language for pleadings. Following a brief introduction in Section I, Section II deals with legal theories which might be useful when no federal constitutional right is clearly involved. Sections III and IV, which comprise the major portion of the publication, deal with the substantive and procedural rights of students under the United States Constitution. Section III discusses students' rights under the first, fourth, and fourteenth amendments, the general approach to equal protection problems, and invasions of the student's personal life. Section IV includes a copy of Goss v Lopez, the landmark Supreme Court decision dealing with short-term suspensions and an analysis of Goss. Section V also deals with substantive considerations when analyzing more esoteric behavior control methods employed by school authorities. Section VI lists the remedies that courts have granted in various student rights cases, including damages. Part VII analyzes the legal theories available to students in private schools. An appendix contains examples of typical language used in pleadings. (Author/RM)
Descriptors: Court Litigation, Dress Codes, Due Process, Elementary Secondary Education, Equal Protection, Freedom of Speech, Guides, Higher Education, Laws, Lawyers, Legal Aid, School Law, Search and Seizure, Student Behavior, Student Rights, Student School Relationship
Center for Law and Education, Larsen Hall, Harvard University, 14 Appian Way, Cambridge, Massachusetts 02138 ($7.00)
Publication Type: Guides - General
Education Level: N/A
Sponsor: Office of Economic Opportunity, Washington, DC.
Authoring Institution: Center for Law and Education, Boston, MA.
Note: Some pages of the original document are copyrighted and therefore not available. They are not included in the pagination