Chapter 3: Student Rights and Restrictions

Freedom of Expression (pg. 54-61)

o All in all, this is about teachers being able to respect students civil rights within the school
building/setting. In cases where student rights are restricted, school officials must demonstrate a
justifiable or legitimate reason for doing so (p. 54)
o Freedom of expression was one of the topics discussed and derives from the First Amendment to the
U.S. Constitution. As said by Essex (1999), This freedom, however, does not include a license to
exercise such rights in a manner that creates material or substantial disruption to the educational
process (p.54).
o Students have the right to express their opinions as long as it doesnt interrupt the flow of school or
individuals of the school. If it does, the administration has the right to cease and dismiss any student
or groups that causes this..
Dress and Appearance (pg. 62-64)
o With dress code, the local dress code should be approved by the school board and communicated with
all students through a handbook to make sure all are aware of the policies and regulations.
o Students must be dressed for safety, health and order, any other reason than that would be in violation
of an individual's rights. Dress that is considered vulgar or mocks race, religion, etc., will be prohibited.
Search and Seizure (pg. 65-70)
o The Fourth Amendment protects people from unreasonable searches and seizures. School officials
only need reasonable suspicion to start a search. For example: information received by a reliable
source by school officials (pg. 65).
o During a search in school, a warrant is not needed according to the case New Jersey vs. T.L.O;
however, individualized suspicion (of the student and the violation) must be present (pg. 66).
o School desks and school lockers can be searched if there is reasonable suspicion and not just on a
hunch. There should also be a written policy that informs students of this as well. For student lockers
searches, the student should be present with school officials (pg 68).
Drug and Alcohol Testing (pg. 71-76)
o The Supreme Court ruled in favor of one school district that adopted a school random drug policy for
student athletes to counteract the use of drugs in their school (pg 72).
o Breathalyzer testing should be done by a police officer or trained district official at voluntary school
sponsored events. School officials must have reasonable suspicion to initiate a breathalyzer test (pg
73).
o The use of drug sniffing dogs should be used only if there is evidence or reasonable suspicion to do so
(pg 75-76).
Use of Cell phones and Electronic Devices (pg. 76-78)
o The use of cell phones in schools has increased in recent years. It is estimated that nine out out of ten
students have cell phones. (76)
o Schools need to have policies in place for cell phone use. Some schools have policies that include no
cell phone usage at school. Others have policies against use during instruction time. Essex suggests
having usage policies ready and available at all times when an infraction may occur.
o Schools need to have plans in place where cell phone usage becomes a distraction unless it is involving
school safety and crisis preparedness. Examples when cell phones are supposed to be used is if there
is an attack on the school or any kind of school-related emergency.
o Some schools are embracing the use of cell phones. Schools with limited computers, along with limited
technology can have students use their cell phones as mini computers to look up information. Students
find their electronic devices a helpful learning tool.
Mobile Devices in the Classroom (pg. 79)
o iPads, Kindles, and Chrome books are becoming an everyday educational tool for our youth. Teachers
are using these devices more to connect with students. These tools can be used to help students learn
and are more user friendly to younger generation of learners.
o These devices have endless amounts of Apps and education games that students can use to help with
learning.

Any and all of these devices need to have guidelines and restrictions put on them at school. During
school hours they are not gaming devices but educational tools.
Due Process (pg. 80-82)
o Due Process prohibits the government of depriving a person of life, liberty, or property without due
process of law. Due process requires fundamental fairness, fair processes, and fair procedures.(80)
o Procedural Due Process is a set of steps taken before any legal action can be placed against an
individual. It is the right to know what you are being charged with. It also explains the seriousness of the
infraction held against an individual.
o Substantive Due Process in public school is to make sure students are not held out of health, safety and
welfare of faculty without a reason. Also so that students freedom or property cannot be taken without
appropriate justification.
Corporal Punishment (pg. 83-87)
o Courts still view corporal punishment as acceptable in schools. However with that being said schools
tend to shy away from use of corporal punishment. There is a fine line between punishment and
physical abuse that could result in assault and /or battery charges.
o Schools and states can make up their own rules when it comes to corporal punishment. How much to
be administered comes from many underlying factors.
o Schools that use corporal punishment need to have posted specific warnings of what behaviors will lead
to what punishments. There needs to be at least 2 administrators during the punishment. Parents need
to be notified if student received punishment.
School Suspension (pg. 88)
o In and out of school suspensions are legal forms of discipline that are growing in popularity. However,
school suspensions require that all provisions of due process be met for the charged student (88).
Expulsion (pg. 89)
o School officials may expel a student for a serious infraction that could potentially pose a threat to school
safety even when law enforcement officials find no basis to prosecute the student (89).
Student Discipline for Off-Campus Behavior (pg. 91)
o Courts have determined that because schools need to impose disciplinary sanctions for a wide range of
unanticipated conduct that disrupts the educational process, school disciplinary codes need not be as
detailed as criminal codes.
Classroom Harassment (pg. 93-94)
o Harassment is a form of sexual discrimination.
o Courts have ruled lawsuits are valid only when the harassing students behavior is so severe, pervasive,
and objectively offensive that it denies the victim equal access to an education guaranteed by federal
law.
Child Abuse (pg. 95)
o Virtually all states have laws requiring teachers to report suspected cases of child abuse and neglect.
49 states have mandatory reporter laws.
o Immunity granted in virtually every state when reports are made by teachers in good faith.
o Laws in most states penalize individuals who fail to report child abuse and neglect. Failure to do so may
prove costly.
Pregnant Students (pg. 96)
o Courts have held that pregnant students may not be denied the opportunity to attend school and must
be afforded equal protection under the law as well as due process of the law.
o Upon withdrawal from school (as prescribed by doctor, not the school), the pregnant student must be
provided with appropriate home based instruction.
Married Students (pg. 96)
o Any rules designed to exclude married students from attending school are invalid and in violation of the
Fourteenth Amendment.
o Married students are considered to be emancipated, or free of parental authority. As such they are not
subject to compulsory attendance laws.
o

Chapter 3: Student Rights and Restrictions

N. L. Essex (2012). School Law and the Public Schools: A Practical Guide for Educational Leaders, (6th Edition).
Pearson Education, Inc.