1. Chapter 6 Learners Rights & Responsibilities Learners’ Responsibilities Attendance – most fundamental responsibility Compulsory attendance - ? $3,000 - $24,000 -- 2% @ home Alternative must be equivalent Depends on state law

2. Behavior Responsible to follow reasonable school rules Must comply & submit to your authority To & from school, playground, recess Destruction of property – no grades or tran. Capital offense – immediate suspension Reasonable for safety of school – unambig.

3. Learners’ Rights In Loco Parentis In place of the parent Has changed – no longer assume More distant from parents Not center of community anymore Not ability to change teaching situation Don’t assume!!!

4. Education as a Privilege or Right Once was only for those that went by rules No due process Now, no action without due process Landmark case – armbands Economic impact changed everything

5. Due Process 14 th amendment – due process Property right or liberty right Education is property – reputation is liberty Substantive component – must have written rules & hearing Procedural Component - students must know rules – right to a lawyer - defense

6. Freedom of Expression Tinker v. Des Moines Independent Community School District (1969) Arm bans – free expression Cant be disruptive Can be critical if not disruptive Can censor if disruptive

7. Freedom of Conscience Objections to curriculum – ok if religious or moral objections – sex ed, dancing, playing cards, watching a movie, creationism Saluting the Flag – can refuse for religious and moral beliefs Not a substantial risk to the state

8. Search & Seizure 4 th amendment – unreasonable Two principles – Probable Cause – sufficiently convincing Reasonable Suspicion – The expectation of privacy – potential intrusiveness of the search

9. Personal Appearance & Dress Code Precipitated by gang activity Schools must prove that clothing is unsafe or disruptive Grooming is different Jewelry – jeans, gender clothes, hair color

10. Sexual Harassment Not tolerated by courts Severely punished staff involved w/student Leaner-to-learner obligations just emerging Courts have ruled that schools will be held liable if they know

11. Rights of Learners w/ Disabilities Changed in 1975 Now, all have right to school Cant be suspended or expelled w/out hearing Change in placement

12. Family Rights & Privacy FERPA – 1974 Parents & learners over 18 have the right to view all records at anytime Parents must give permission to release

13. Emerging Issues Internet use Community service Access to vulgar, obscene, inappropriate materials