Constitutional+Rights

teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse door."
 * =  || **Student Rights** ||= **Teacher Rights** ||
 * = **First Amendment Protection**
 * Freedom of Speech** || U.S. Supreme Court has stated that neither, "students or

This includes speech, written, as well as symbolic speech (i.e. wearing gang colors to show gang affiliation.)

Freedom exists in an open forum or limited forum, but not in closed forum. ||< U.S. Supreme Court has stated that neither, "students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse door."

This includes speech, written, as well as symbolic speech (i.e. dancing or painting). || school can place restrictions on membership rights. May be limited if a substantial disruption occurs or there is a potential for harm. ||< Teachers must ask themselves: "Was the conduct 'intended to convey a particularized message'?" "Was 'the likelihood great that the message would be understood by those who viewed it'?"
 * = **Freedom of Association** || Usually involves membership in organizations. The

Courts have ruled that teachers cannot be disciplined for non-disruptive participation in political, labor, religious, or social organizations or activities. || religion. ||< The right to believe as one chooses is absolute, the right to act on those beliefs is not.
 * = **Freedom of Religion** || Groups cannot be excluded solely on the basis of

The teacher's right to freedom of religion must be balanced against the school's interests.

School districts must make reasonable accommodations for teachers' religious beliefs and practices unless it would cause undo hardship || the police do. Students may be searched if it is "reasonable under the circumstances." This means a violation of the law or school rules. It must, however, be reasonable.
 * = **Right to be Free From**
 * Search and Seizure** || The school has more leeway in searching students than

Reasonableness depends on certainty that student violated a school rule. It also depends on the purpose of the search. Anything found during search is fair game. ||< Public school teachers are deemed to have a reasonable expectation of privacy in their offices, lockers, personal effects, and in their person.

Employer may conduct a search if:

they have reasonable suspicion that the search will produce evidence of work-related misconduct or

the scope of the search is reasonably related to the objectives of the search. It cannot be excessively intrusive in comparison with the nature of the misconduct. || only in courtrooms or court-like situations. This does not apply to disciplinary hearings. || individual, agency, or organization without the prior written consent of a parent or guardian. Exceptions include: school officials or teachers with a legitimate educational interest; officials of another school in which the student intends to enroll; federal auditors; state and local officials of the juvenile justice system; emergency care providers... || (Not part of the Constitution, but is implied.) Rights to Privacy in regards to: procreation, marriage, child rearing, certain (legal) activities within the home. || course content or textbooks." The school board has this authority.
 * = **Freedom from**
 * Self-Incrimination** || Students are afforded the same rights as other citizens in reference to the 5th amendment. (Goodwin, 1986) ||< Right form forced self-incriminating testimony applies
 * = **Right to Privacy** || Educational records may not be released to any
 * = **Freedom to Discuss Subject**
 * Matter & Determine**
 * Appropriate Instructional**
 * Strategies** || N/A; however under the Protection of Pupil Rights Amendment parents have the right to inspect all instructional materials used in connection with any Department of Education. Schools must also get prior written parental consent before requiring students to reveal information regarding specific personal subject matters. ||< Teachers do not have the "ultimate right to determine

Freedom is limited in content, but unlimited in determining the strategies used in teaching that content. || Discrimination on the basis of race or national origin is against the Constitution (__Amendment 14__). The federal __Rehabilitation Act of 1973__ prevents school systems from denying access to educational services on the basis of a disability. || __The Equal Protection Clause__ of the Fourteenth Amendment of the Constitution protects teachers at public schools from discrimination based on race, sex, and national origin. Also, the __Civil Rights Act of 1964__ protects teachers at both public and private schools from racial, sexual, or religious discrimination (amended in 1972). The __Age Discrimination in Employment Act of 1967__, with its subsequent amendments, provides protection for teachers over the age of 40 against age discrimination. The __Pregnancy Discrimination Act of 1978__ provides protection for teachers who are pregnant. Under this act, a school district may not dismiss or demote a pregnant teacher on the basis of her pregnancy, nor may a district deny a job or deny a promotion to a pregnant teacher on the basis of her pregnancy. || themselves who are 18 or over) the right to examine their children’s school records. || FERPA requires written consent of the file to be disclosed.
 * **Due Process** || Courts have generally held that students are entitled to written findings of fact, at least for long-term discipline, and have sometimes required additional detail, in terms of reasons, references to evidence etc. || Substantive and procedural due process rights, including the right of a teacher to receive notice of termination and a right to a HEARING in certain circumstances ||
 * **Freedom from Discrimination** || Discrimination on the basis of gender is against federal law (Title IX of the __Civil Rights Act of 1964__).
 * **Freedom from Sexual Harrassment** || Sexual harassment of students is prohibited by Title IX of the Education Amendments of 1972. || Title VII and IX of the Civil Rights Act of 1964 pertain to this right. ||
 * **Right to Access Student Records** || The federal Family Educational Rights and Privacy Act grants parents of students (and students

Schools may choose to disclose education records without consent to: School officials in the student’s school district who have a legitimate educationalinterest in the information. A student is transferring to another school. Parents when a student over 18 is still dependent. Certain government officials in order to carry out lawful functions. Appropriate parties in connection with financial aid to a student. Organizations doing certain studies for the school. Accrediting organizations. Individuals who have obtained court orders or subpoenas. Persons who need to know in cases of health and safety emergencies. Juvenile justice system. || Goodwin, Robert J. (1986) //The Fifth Amendment in Public Schools: A Rationale for Its Application in// //Investigations and Disciplinary Proceedings//, 28 Wm. & Mary L. Rev. 683, http://scholarship.law.wm.edu/wmlr/vol28/iss4/4

Larsen, Lisa (2000) //Federal and State Laws Governing Access to Student Records//; St. Paul, MN

Underwood, J., & Webb, L.D. (2006). //School law for teachers//. Upper Saddle River, NJ: Pearson Education, Inc.

http://www.enotes.com/everyday-law-encyclopedia/teachers-rights

http://www.lectlaw.com/files/stu01.htm

www.comdsd.org/pdf/hs_1.pdf

http://www2.ed.gov/