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14th Amendment Rights

7 Cases that make a difference in how schools operate

First Amendment Rights

Tinker v. Des Moines (1969) - Bethel v. Fraser (1986) - Hazelwood v. Kuhlmeier (1988)-Goss v. Lopez (1975) - CB & TP v. Driscoll (1996) - Pickering v. Board of Education (1968) - Connick v. Meyers (1983)

Connick v. Meyers

Hazelwood v. Kuhlmeier

Pickering v. Board of Education

Goss v. Lopez

Bethel v. Fraser

Tinker v. Des Moines

CB & TP v. Driscoll

In addition, schools also have the right to edit and control the content of any writing or expression that may be represented as a publication or statement by the school.

Nor can views be expressed in indecent, explicit ways. Students can be disciplined for inappropriate speech.

This case finds that student speech can be suppressed if it disrupts the educational process or the rights as others.It's important to remember that although students' views may be unpopular or they may make teachers and administrators uncomfortable, students have the right to express their views... they just can't be disruptive!

With regard to a teacher's first amendment rights, protected speech, the speech... -cannot interfere with harmony among co-workers - cannot undermine discipline by supervisors - cannot damage professional reputations - cannot discourage loyalty and confidence needed for school functioning

Furthermore, protected speech... - must be of public concern - must not be of personal interest

A certain procedure must be followed when a student is suspended for 10 days or less: - Oral or written notice of charges - Explanation of evidence against the student - Student's version must be heard - These events may happen immediately after misconduct or rule infraction

When a student poses harm or threat, or disrupts the academic process, administrators have just cause for immediate removal of the student from the school.

Resource:Stader, DL (2007). Law and ethics in educational leadership . Pearson. Upper Saddle River, NJ.

In the United States, public education is a right. The cases and examples highlighted on this poster explore ways that the rights of students, teachers and administrators are protected.


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