Talk:Student rights in higher education

Expansion

• I have noticed that there has been little activity on this page since 2006/2007 and it still needs some expansion. Right now there is a lot of information form the US. I know that this is a difficult article to write since a lot of rights are hidden in court precedents and often differ form state to state but I think we can add substance by finding those court cases even if they do not apply in all states. They are still helpful to students who may want to use them to argue their case in their own states in court or at their own institutions. It is benchmarking and this is important.

• If you have any information form other countries or continents, please jump in and write. It is ok if you aren't the best writer in the world, just let me know and Ill do some editing if needed.Tovegrant (talk) 20:20, 13 May 2013 (UTC)

• Also if anyone wants to take over the US k-12 section, I think the person who was writing it abandoned it ...so it is up for grabs. Just try to use the same format through out the article if you can — Preceding unsigned comment added by Tovegrant (talk • contribs) 20:23, 13 May 2013 (UTC)

I'll be extending this article to have these sections during the next month.

EXAMINATIONS AND EXAMPLES OF THE RIGHTS THAT ARE LIMITED IN SCHOOLS -accusations -counter provided in Supreme court decisions and from school administrators EXAMINATION OF SCHOOLS POWER TO LIMIT STUDENT'S RIGHTS OUTSIDE OF SCHOOL -TLI vs. Board of Education DUE PROCESS IN SCHOOLS -accusations -counter provided in Supreme court decisions and from school administrators BRAINWASHING defined as Unalienable right to invent youself. Do schools brainwash? CIVIL DISOBIEDANCE IN SCHOOLS -Walkouts -protests SOLUTIONS Student's Rights groups, etc.

—the preceding comment is by 204.184.160.238 - December 8, 2005: Please sign your posts!

POV

POV - This is an extrmely biased article —the preceding comment is by 66.204.59.141 - April 18, 2006 : Please sign your posts!

It's not so much POV - though there is certainly some of that - as stubby and rather badly structured. The first para should be a general intro, rather than a reference to a specific case from a specific country. I'll have a go at improving it slightly, but it'll still not be great and should be much longer, with plenty of examples - preferably not with 95% of them from the US! Loganberry (Talk) 10:41, 13 September 2006 (UTC)

• Article seemed abandoned, cleaned up a lot of POV issues, please make recs for changes. I'm plugging away at ti slowly over time. — Preceding unsigned comment added by Tovegrant (talk • contribs) 20:24, 13 May 2013 (UTC)

bong hits 4 jesus

needs some coverage of the bong hits 4 jesus case. I would do it myself, but it would sound stupid. — Preceding unsigned comment added by 216.115.120.12 (talk) March 23, 2007

Citations

Most of the citations in this article are useless, being only the surname of the author and the year. Where is the title of the work? I have no idea what works are being referenced here. ... discospinster _talk 19:13, 14 December 2013 (UTC)

There were more links to the articles but someone did an overhaul of the citations and it looks completely different. ~Tove — Preceding unsigned comment added by Tovegrant (talk • contribs) 15:56, 22 December 2013 (UTC)

Here is the reference list I was also trying to attach, maybe someone has time to add each one. First heres the best one Kaplan, A., Lee, B., (2011). The law of higher education: Student version. San Francisco: Jossey-Bass. and second, here's the whole list:

Age Discrimination Act of 1975, 42 U.S.C. § 6101-6107 et seq. (US Code, 2006) / Age

Discrimination Act of 1975, Pub. L. No. 94-135 §, 89 Stat. 713 (US Code, 2006)

Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621-634 et seq. (US Code, 2009) / Age Discrimination in Employment Act of 1967 (ADEA), Pub. L. No. 90-202 §, 81 Stat. 202 (US Code, 2006)

Americans with Disabilities Act of 1990 (ADA), 42 U.S.C.A. § 12101 et seq. (US Code, 2009) / Americans with Disabilities Act of 1990, Pub. L. No. 101-336 §, 104 Stat. 327 (US Code, 2006)

Andre v. Pace University, 655 NYS 2d 777 (App. Div. 2nd Dept. 1996)

Bach, J. J. (2003). Students have rights too: The drafting of student conduct codes. Brigham Young University Education & Law Journal, (1), 1. Retrieved from EBSCOhost.

Bowe v. SMC Elec. Prods., 945 F. Supp. 1482, 1485 (D. Colo. 1996) LEXIS- NEXIShost.http://www.lexisnexis.com/hottopics/lnacademic/

Bowden, R. (2007). Evolution of responsibility: From "in loco parentis" to "ad meliora vertamur". Education, 127(4), 480-489. Retrieved from EBSCOhost. Bradshaw v. Rawlings, 612 F. 2d 135 (3rd Cir. 1979)

Brown v. Board of Education, 347 US 74 (1954)

Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (US Code, 2006) / Civil Rights Act of 1964, Pub. L. No. 88-352 §, 78 Stat. 241 (US Code, 2006)

Civil Rights Act Amendments of 1991 (CRAA), 42 U.S.C.A. § 1981 et seq. (US Code, 2006) / Civil Rights Act Amendments of 1991 (CRAA), Pub. L. No. 88-352 §, 78 Stat. 241 (US Code, 2006)

Christman, D. E. (2002). Change and continuity: A historical perspective of campus search and seizure issues. Brigham Young University Education & Law Journal, (1), 141. Retrieved from EBSCOhost.

Clery Crime Awareness and Campus Security Act of 2008, 20 U.S.C. § 1092 et seq. (US Code, 2009) / Clery Crime Awareness and Campus Security Act of 2008, Pub. L. No. 110-315 §, 122 Stat. 3078 (US Code, 2006) / Clery Act of 1990, 20 U.S.C. § 1092 et seq. (US Code, 2006) / Clery Act of 1990, Pub. L. No. 101-542 §, 104 Stat. 2384 (US Code, 2006)

Cooper, D., Saunders, S., Winston, R., Hirt, J. Creamer, D. Janosik, S. (2002) Learning through supervised practice in student affairs New York: Routledge.

Davies, T. Y. (2010). The supreme court givith and the supreme court taketh away: The century of fourth amendment “search and seizure” doctrine. Journal of Criminal Law & Criminology, 100(3), 933. Retrieved from EBSCOhost.

Department of Education, Office of Civil Rights (1997). Sexual harassment guidance: Harassment of students by school employees, other students or third parties. Washington DC: U.S. Dept. of Education, Office of Educational Research and Improvement, Educational Resources Information Center, Office of Civil Rights http://www2.ed.gov/about/offices/list/ocr/docs/sexhar01.html

Dezick v. Umpqua Community College 599 P. 2d 444 (OR 1979)

Equal Educational Opportunity Act of 1974, 20 U.S.C. § 1701 et seq. (US Code, 2006) / Equal Educational Opportunity Act of 1974, Pub. L. No. 93-380 §, 89 Stat. 713 (US Code, 2006) Equal Pay Act of 1963, 29 U.S.C. § 206 et seq. (US Code, 2006) / Equal Pay Act of 1963, Pub. L. No. 88-38 §, 77 Stat. 56 (US Code, 2006)

Gibbs, A. (1992). Reconciling rights and responsibilities of colleges and students: Offensive speech, assembly, drug testing and safety. ERIC Digest. Retrieved from EBSCOhost.

Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232 et seq. (US Code, 2006) / Family Educational Rights and Privacy Act of 1974, Pub. L. No. 93-380 §, 88 Stat. 484 (US code 2009)

Gearan, J. S. (2006). When is it ok to tattle? - The need to amend the family educational rights and privacy act. Suffolk University Law Review, (39) 1023, 1024-1046. Retrieved from LEXIS-NEXIShost

Gregory, D. E. (2008) Review of ‘the law of higher education’. NASPA Journal (45)1, 162-67

Grutter v. Bollinger, 539 US 306 (2003)

Hendrickson, R. M., Gibbs, A., ASHE & ERIC (1986). The college, the constitution, and the consumer student: Implications for policy and practice. ASHE-ERIC Higher Education Report No. 7, 1986. Retrieved from EBSCOhost. http://www.ericdigests.org/pre-926/consumer.htm

Higher Education Opportunity Act of 1965 20 U.S.C. § 1001 et seq. (US Code, 2006) / Higher Education Opportunity Act of 1965, Pub. L. No. 89-329 §, 70 Stat. 1219 (US Code, 2006)

Higher Educational Act Amendments of 1972, 20 U.S.C. § 1981 et seq. (US Code, 2006) / Higher Educational Act Amendments of 1972, Pub. L. No. 92-318 §, 86 Stat. 373 (US Code, 2006)

Higher Education Opportunity Act of 2008 20 U.S.C. § 1001 et seq. (US Code, 2006) / Higher Education Opportunity Act of 2008, Pub. L. No. 110-315 §, 110 Stat. 3078 (US Code, 2006)

Hill v. University of Kentucky, Wilson, and Schwartz, 978 F. 2d 1258 (ED Kentucky 1992)

Hillis v. Stephen F. Austin University, 665 F. 2d 547 (5th Cir.1982)

Hupart v. Bd. of Higher Ed. of the City of New York, 420 F. Supp. 1087 (SD NY 1976)

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 20 U.S.C. § 1001 et seq. (US Code, 2006) / Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. No. 104-208 §, 110 Stat. 1219 (US Code, 2006)

Immigration and Reform Control Act of 1986 (IRCA) of 8 U.S.C. § 1101 et seq. (US Code, 2006) / Immigration and Reform Control Act of 1986 (IRCA), Pub. L. No. 99-603 §, 100 Stat. 3359 (US Code, 2006)

Kaye, T., Bickel, R., & Birtwistle, T. (2006). Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK. Education & the Law, 18(2/3), 85-129. doi:10.1080/09539960600919779

Keen v. Penson, 970 F. 2d 252 (7th Cir. 1992)

Lewis, L. S. (2005). Litigating grades: A cautionary tale. Academic Questions, 19(1), 48-58. Retrieved from EBSCOhost.

Mawdsley, R. D. (2004). Student rights, safety, and codes of conduct. New Directions for Community Colleges, (125), 5-15. Retrieved from EBSCOhost.

Meadow, R. (1999), Clear and convincing evidence: How much is enough? California Insurance Law and Regulation Reporter 5, 116-121.

National Association of Student Personnel Administrators, I. c. (1993). Student Rights and Freedoms. Joint Statement on Rights and Freedoms of Students. Retrieved from EBSCOhost.

Office for Civil Rights (DHEW), W. C. (DHEW), Washington, DC. (1972). Higher Education Guidelines for Executive Order 11246. Retrieved from EBSCOhost.

Parkes, J., & Harris, M. B. (2002). The purposes of a syllabus. College Teaching, 50(2), 1. Retrieved from EBSCOhost

Poskanzer, S. G. (2002) Higher education law the faculty. Baltimore, Md.: Johns Hopkins University Press.

Pregnancy Discrimination Act of 1978, 42 U.S.C. § 2000e et seq. (US Code, 2006) / Pregnancy

Discrimination Act of 1978, Pub. L. No. 95-555 §, 92 Stat. 2076 (US Code, 2006)

Rehabilitation Act Section 504 of 1973, 29 U.S.C. § 794 et seq. (US Code, 2006) /

Rehabilitation Act 1973, Pub. L. No. 93-112 §, 87 Stat. 394 (US Code, 2006)

Rafferty, D. P. (1993). Technical foul! Ross v. creighton university allows courts to penalize universities which do not perform specific promises made to student-athletes. South Dakota Law Review (38) 173. Retrieved from LEXIS-NEXIShost. http://www.lexisnexis.com/hottopics/lnacademic/

Sarabyn, K. (2008). The twenty-sixth amendment: Resolving the federal circuit split over college student’s first amendment rights. Texas Journal on Civil Liberties & Civil Rights, 14(1), 27-93. Retrieved from EBSCOhost.

Thomas, N. L. (1991). The new in loco parentis. Change, 23(5), 32. Retrieved from EBSCOhost.

Vile, J.R. (2010). Encyclopedia of constitutional amendments, proposed amendments, and amending issues, 1789-2011. California: ABC-CLIO.

White, B. (2007). Student rights: From in loco parentis to sine parentibus and back again? Understanding the family educational rights and privacy act in higher education. Brigham Young University Education & Law Journal, (2), 321-350. Retrieved from EBSCOhost.

93 Special Message to the Congress on Protecting the Consumer Interest. March 15, 1962. (2001). American Reference Library - Primary Source Documents, 1. Retrieved from EBSCOhost

Aboode v. Detroit Board of Education, 431 US 209 (1977)

Adarand Constructors, Inc., v. Pena, 515 US 200 (1995)

Ahmed v. University of Toledo, 822 F.2d 26 (6th Cir. 1987)

Albert Merrill School v. Godoy, 357 NYS 2d 378 (NY City Civil Ct. 1974)

American Civil Liberties Union of Georgia v. Miller, 977 F. Supp. 1228 (ND Ga. 1997)

Anderson v. Mass. Inst of Tech, 1995 WL 813188, 1, 4 (Mass. Super, 1995)

Anderson v. University of Wisconsin, 841 F. 2d 737 (7th Cir. 1988)

Anthony v. Syracuse, 231 NYS 435 (NY App. Div. 1928)

Antonelli v. Hammond, 308 F. Supp. 1329 (Dist. Mass. 1970)

Axson-Flynn v. Johnson, 365 F. 3d 1277 (10th Cir. 2004)

Bakke v. Regents of the University of California, 438 US 265 (1978)

Barker v. Hardway, 399 F. 2d 368 (4th Cir. 1968)

Bayless v. Maritime, 430 F. 2d 873, 877 (5th Cir. 1970)

Beukas v. Fairleigh, 605 A. 2d 708 (NJ App. Div. 1992)

Board of Curators of the University of Missouri v. Horowitz 435 US 78 (1978)

Bonnell v. Lorenzo, 241 F. 3d 800 (6th Cir. 2001)

Bowe v. SMC Elec. Prods., 945 F. Supp. 1482, 1485 (D. Colo. 1996)

Brody v. Finch Univ. of Health Sci. / Chicago Med. Sch., 698 NE 2d 257, 298 (IL App. Ct. 1998),

Bruner v. Petersen, 944 P. 2d 43 (AK Sup. Ct. 1997)

Bynes v. Toll, 512 F. 2d 252 (2nd Cir. 1975)

Camara v. Municipal Court of city and country of San Francisco, 387 US 523 (1967)

Carlin v. Trustees of Boston University, 907 F. Supp. 509 (D. Mass. 1995)

Carr v. St. Johns University, 231 NYS 2d 410, 231 (NY App. Div. 1962)

Central Hudson Gas and Electric Corp. v. Public Service Commission, 447 US 557 (1980)

Cf. Meritor Savings Bank FSB v. Vinson, 477 US 57 (1986)

Chess v. Widmar, 635 F. 2d 1310 (8th Cir. 1980)

Church of the Lukumi Babalu Aye v. City of Hileah, 508 US 520 (1993)

City of Richmond v. J. A. Croson Co., 488 US 469 (1989)

Civil Rights Office Tanberg v. Weld County Sheriff, 787 F. Supp. 970 (D. Co. 1992)

Clark v. Holmes, 474 F. 2d 928 (7th Cir. 1972)

Clayton v. Trustees of Princeton University, 608 F. Supp. 413 (D. NJ 1985)

Cohen v. San Beradino Valley College, 92 F. 3d 968 (9th Cir. 1996)

Cooper v. Nix, 496 F. 2d 1285 (5th Cir. 1974)

Cooper v. Ross, 472 F. Supp. 802 (ED Ark. 1979)

Crook v. Baker, 813 F. 2d 88 (6th Cir. 1987)

Dambrot v. Central Michigan University, 839 F. Supp. 477 (ED MI 1993)

Dambrot v. Central Michigan University, 55 F. 3d 1177 (6th Cir. 1995)

Davis v. Monroe County Board of Education, 526 US 629 (1999)

DeFunis v. Odegaard, 416 US 312 (1974)

DeRonde v. Regents of the Univ. of California, 625 P. 2d 220 (CA Sup. 1981)

Devers v. Southern University, 712 So. 2d (LA App. 1998)

Dixon v. Alabama, 294 F. 150 (5th Cir. 1961)

Doe v. Kamehameha Schools, 416 F. 3d 1025 (9th Cir. 2005)

Doherty v. Southern College of Optometry, 862 F. 2d 570 (6th Cir. 1988)

Donohue v. Baker, 976 F. Supp. 136 (ND NY 1997)

Durate v. Commonwealth, 407 SE 2d 41, 12 (VA App. 1991)

Eden v. Board of Trustees of State University, 374 NYS 2d 686 (NY App. 1975)

Edwards v. California Univ. of Pa., 156 F. 3d 488 (3rd Cir. 1998)

Eiseman v. State of New York, 518 NYS 2d 608 (NY App. 1987)

Erzinger v. Regents of the University of California, 137 Cal. App. 3d 389, 187 (CA App. 1982)

Esteban v. Central Missouri State College, 277 F. Supp. 649 (WD MI 1967)

Faulkner v. Jones, 51 F. 3d 440 (4th Cir. 1995)

Fellheimer v. Middleburry College, 869 F. Supp. 238 (D. VA 1994)

Fleming v. New York University, 865 F. 2d 478 (2nd Cir. 1989)

Florida ex rel. Hawkins v. Board of Control, 350 US 413 (1956)

Franklin v. Gwinnett County Public Schools, 503 US 60 (1992)

French v. Bashful, 303 F. Supp. 1333 (ED LA 1969)

Furek v. University of Delaware, 594 A. 2d 506 (DE Supp. 1991)

Gabrilowitz v. Newman, 582 F. 2d 100 (1st Cir. 1978)

Garcia v. S.U.N.Y. Health Sciences Center of Brooklyn, 280 F. 3d 98 (2nd Cir. 2001)

Gay Activists Alliance v. Bd. of Regents of Univ. of Oklahoma, 638 P. 2d 1116 (OK Sup. 1981)

Gay Students Org. of the University of New Hampshire v. Bonner, 509 F. 2d 652 (1st Cir. 1974)

Gay Student Services v. Texas A&M University, 737 F. 2d 1317 (5th Cir. 1984)

Gebser v. Lago Vista Independent School District, 524 US 274 (1998)

Goldberg v. Kelly, 397 US 254 (1970)

Good v. Associated Students, Univ. of Washington, 542 P. 2d 762 (WA Sup. 1975)

Goodman v. President and Trustees of Bowdoin College ,135 F. Supp. 2d 40 (D. MA 2001)

Gossett v. State of Oklahoma, 245 F.3d 1172 (10th Cir. 2001)

Gott v. Berea College, 161 SW 204 (KY 1913)

Gratz v. Bollinger, 539 US 244 (2003)

Griswald v. Connecticut, 381 US 479 (1965)

Gross v. Lopez, 419 US 565 (SUPREME 1975)

Grove v. Ohio State University, 424 S. Supp. 377 (D. OH 1976)

Hall vs. Medical College of Ohio, 742 F. 2d 299 (6th Cir. 1984)

Harris v. Forklift Systems Inc., 510 US 17 (1993)

Harwood v. Johns Hopkins, 747 A. 2d 205 (MD Spec. App. 2000

Healey v. James, 408 US 169 (1972)

Healy v. Larsson, 323 NYS 2d 625 (NY Sup. 1971)

Henson v. Honor Committee of the University of Virginia, 719 F. 2d 69 (4th Cir. 1983)

Hickey v. Zezulka, 487 NW 2d 106 (MI Sup. 1992)

Hill v. NCAA, 273 Cal. Rptr. 402 (CA App. Div. 1990)

Hill v. NCAA, 865 P. 2d 633, 7 (CA Sup. 1994)

Hogan v. Mississippi State School for Women, 458 US 718 (1982)

Hopwood v. Texas, 78 F. 3d 932 (5th Cir. 1996)

Jenkins v. Louisiana State Board of Education, 506 F. 2d 992 (5th Cir. 1975)

Johnson v. Schmitz, 119 F. Supp. 2d 90 (D CO 2000)

Joyner v. Whiting, 477 F. 2d 456 (4th Cir. 1973)

Klein v. Smith, 635 F. Supp. 1140 (D MA 1986)

Knoll v. Board of Regents of the University of Nebraska, 601 NW 2d 757 (NB Sup. 1999)

Laura O. v. State, 610 NYS 2d 826 (NY App. Div. 1994)

Lesser v. Board of Education of New York, 1963 239 NYS 2d 776 (NY App. Div. 1963)

Levin v. Yeshiva University, 709 NYS 2d 392 (NY App. Div. 2000)

Long v. University of North Carolina at Wilmington, 461 SE 2d 773 (NC App. Div. 1995)

Lovelace v. Southeastern Mass, 793 F. 2d 419 (1st Cir. 1986)

Loving v. Boren, 956 F. Supp. 953 (WD OK 1997)

Mahavongsanan v. Hall, 529 F. 2d 448 (5th Cir. 1976)

Mainstream Loudoun v. Bd of Trustees of Loudoun County Library, 2 F. Supp. 783 (ED VA 1998)

Mangala v. Brown University, 135 F. 3d 80 (1st Cir. 1998)

Matthews v. Elderidge, 424 US 319 (1976)

McDonald v. Hogness, 598 P. 2d 707 (WA Sup. 1979)

McDonald v. Santa Fe Trail Transportation Co., 427 US 273 (1976)

Miller v. State, 478 NYS 2d 829 (NY Supp. 1984)

Mississippi Medical Center v. Hughes, 765 So. 2d 528 (MI Supp. 2000)

Moore v. Student Affairs Committee of Troy State University, 284 F. Supp. (MD AB 1968)

Morale v. Grigel, 422 F. Supp. 988 (D. NH 1976),

Morse v. Regents of the University of Colorado, 154 F. 3d 1124 (10th Cir. 1998)

Mullins v. Pine Manor College, 449 NE 2d 331 (Mass. Supp. 1983)

Gay Students Organization of New Hampshire v. Bonner, 509 F. 2d 652 (1st Cir. 1974)

New York v. Ferber, 458 US 747 (1982)

NCAA v. Tarkanian, 488 US 179 (1988)

Nogueras v. University of Puerto Rico, 890 US 179 (D. PR 1995)

Nyquist v. Jean-Marie Mauclet, 432 US 1 (1977)

O'Halloran v. University of Washington, 856 F. 2d 1375 (9th Cir. 1988)

Online Policy Group v. Diebold, Inc. 337 F. Supp. 2d 1195 (D. ND 2004)

Orin v. Barclay, 272 F. 3d. 1207 (9th Cir. 2001)

Papish v. Board of Curators of the University of Missouri, 410 US 667 (1973)

Parate v. Isibor, 868 F. 2d 821 (6th Cir. 1989)

Perry Ed. Assoc. v. Perry Local Ed. Assoc., 460 US 37 (1983)

Piazzola v. Watkins, 442 F. 2d 284 (5th Cir. 1971)

PPAU of Col. & Willamette v. Am. Coalition of Life Advocates, 290 F. 3d 1058 (9th Cir. 2002)

Plyler v. Doe, 457 US 202 (1982)

Podberesky v. Kirwan, 38 F. 3d 147 (4th Cir. 1994)

Police Department v. Mosley, 408 US 92 (1972)

Prostrollo v. University of South Dakota, 507 F. 2d 775 (8th Cir. 1974)

Pushkin v. Regents of the University of Colorado, 658 F. 2d 1372 (10th Cir. 1981)

Reno v. American Civil Liberties Union, 521 US 844 (1997)

Riggin v. Bd. of Trustees of Ball St. Univ., 489 NE 2d 616 (D. IN 1986)

Roberts v. Haragan, 346 F. Supp. 2d 853 (D. TX 2004)

Rosenberger v. Rector and Visitors of the University of Virginia, 515 US 819 (1995)

Rosenthal v. Webster University, 230 F.3d 1363 (8th Cir. 2000)

Ross v. Creighton University, 957 F. 2d 410 (7th Cir. 1992)

Salvador v. Bennett, 800 F. 2d 97 (7th Cir. 1986)

Schaer v. Braneis, U. 735 NE 2d 373 (Mass. Sup. 2000)

Sharick v. Southeastern University of the Health Sciences, 780 So. 2d 136 (D. FL 2000)

Sharif by Salahuddin v. New York State Education Department, 709 F. Supp. 345 (D. SD 1989)

Shelton v. Turner, 364 U.S. 479, 487 (1960)

Shin v. MIT, LEXIS 333, at 22 (Mass. Sup. 2005)

Smyth v. Lubbers, 398 F. Supp. 777 (WD MI 1975)

Southeastern Community College v. Davis, 442 US 397 (1979)

Speakes v. Grantham, 317 F. Supp. 1253 (SD MI 1970)

Spartacus Youth League v. Bd. of Trustees of IL Industrial Univ., 502 F. Supp. 789 (ND IL 1980)

Stanley v. McGrath, 719 F. 2d 279 (8th Cir. 1983)

State v. Hunter, 831 P. 2d 1033 (UT App. Div. 1992)

State of North Carolina v. Pendleton, 451 SE 2d 274 (NC Supp. 1994)

State of Washington v. Chrisman, 455 US 1 (1982)

Sweezy v. New Hampshire, 345 US 234 (1957)

Tedeschi v. Wagner College, 402 NYS 2d 967 (NY Sup. 1978)

Texas v. Johnson, 491 US 397 (1989)

Tinker vs. Des Moines Independent Community School District, 393 US 503 (1969)

Texas Lightsey v. King, 567 F. Supp. 645 (ED NY1983)

Tully v. Orr, 608 F. Supp. 1222 (ED NY 1985)

United States v. Fordice, 505 US 717 (1992)

United States v. Commonwealth of Virginia, 976 F. 2d 890 (4th Cir. 1992)

United States v. League of United Latin American Citizens, 793 F. 2d 636 (5th Cir. 1986)

University of Texas v. Camenisch, 451 US 390 (1981)

United States v. Orozco-Santillan, 903 F. 2d 1262 (9th Cir. 1990)

Vangeli v. Schneider, 598 NYS 2d 837 (NY App. Div. 1993)

Van Stry v. State, 479 NYS 2d 258 (NY App. Div. 1984)

Widmar v. Vincent, 454 US 263 (1981)

Williams v. Saxbe, 413 F. Supp. 654 (D. DC 1976)

White v. Davis, 533 P. 2d 222 (CA Supp. 1975)

Woods v. The Wright Institute, 141 F. 3d 1183 (9th Cir. 1998)

Woodis v. Westark Community College, 160 F. 3d 435 (8th Cir. 1998)

Wright v. Schreffler, 618 A. 2d 412 (PA Sup. 1992)

Wright v. Texas Southern University, 392 F. 2d 728 (5th Cir. 1968)

Wynne v. Tufts University School of Medicine, 976 F. 2d 791 (1st Cir. 1992) — Preceding unsigned comment added by Tovegrant (talk • contribs) 16:06, 22 December 2013 (UTC)

Splitting page (higher education and K-12)

This page is mainly higher Ed oriented, not grade school. The grade school content I removed is here incase someone wants to create one for k-12. It is not enough content to make an article right now.

Primary and Secondary Schools

• Right to constitutional rights

In 1969, the United States federal courts, in Tinker v. Des Moines Independent Community School District, ruled that, "Students do not shed their constitutional rights... at the schoolhouse gate."

• Right to free speech

The Morse v. Frederick trial was a First Amendment student free speech case argued before the Supreme Court of the United States on March 19, 2007. The case involves Joseph Frederick, a then 18-year-old high school senior in Juneau, Alaska, 24 at the time of the decision, who was suspended for 10 days after displaying a "Bong Hits 4 Jesus" banner across the street from his high school during the Winter Olympics Torch Relay in 2002.

• State level rights

In addition to the United States Constitution granting Freedom of Expression Rights to public school students, some state constitutions afford greater rights to public school students than those granted by the United States Constitution. For example, Massachusetts General Laws Chapter 71, sec. 82 grants broader rights to public secondary school schools regarding Rights of Students to Freedom of Expression.

In Massachusetts, for instance, k-12 students are entitled to freedom of expression through speech, symbols, writing, publishing and peaceful assembly on school grounds. The Public secondary school legislation entitled "right of students to freedom of expression; limitations; definitions" says students have: "The right of students to freedom of expression in the public schools of the commonwealth shall not be abridged, provided that such right shall not cause any disruption or disorder within the school. Freedom of expression shall include without limitation, the rights and responsibilities of students, collectively and individually, (a) to express their views through speech and symbols, (b) to write, publish and disseminate their views, (c) to assemble peaceably on school property for the purpose of expressing their opinions. Any assembly planned by students during regularly scheduled school hours shall be held only at a time and place approved in advance by the school principal or his designee." The result is students in the public secondary schools in Massachusetts are only held to the “Tinker” standard regarding Freedom of Expression. Tovegrant (talk)Tove

References

Proposed Edits

Fellow Editors

I wish to Include the following edits/section as I noticed updates and some modifications are needed.

I hope I can get your feedback.

Thank you.

American student rights to read The National Council of Teachers of English (NCTE) through its Executive Committee reaffirmed ther Guideline on the Students Right to Read in November 2012. The statement was first developed in 198. It was modified in April 2009 in compliance with the NCTE Policy on the Involvement of People of Color. Another revision was made in September 2018. http://www2.ncte.org/statement/righttoreadguideline/ The Students’ Right to Read presents resources that can facilitate discussions and guarantee students’ unhampered access to all texts. The beginning of the Students’ Right to Read refers to an original NCTE statement entitled, “Request for Reconsideration of a Work,” prepared by the Committee on the Right to Read of the National Council of Teachers of English.” The present Students’ Right to Read statement embodies a revised second edition building on the work of NCTE members that will ensure students have the freedom to choose to read any text and prevent “efforts of individuals or groups to curtail the freedom of choice of others.” Freedom of Speech: The Students' Right to Read (And Speak): Sources for Help in Formulating Policy Thomas L. Tedford The English Journal Vol. 63, No. 9 (Dec. 1974), pp. 14-16 Censorship is one of the threats to education. The problem of censorship is that it does not give students an adequate and clear picture of values, ideals, and issues of their culture. Donelson, K. L. (1972). The students' right to read. Urbana, Ill.]: National Council of Teachers of English. Censorship in schools has become a complex situation. Variables involved affect the way young students learn as well as the method of schools in educating children. Censorship in educational institutions is a complex situation because there are many variables that can affect the way children learn and the manner by which schools educate young learners. Censorship in schools usually exists in the form of the removal or manipulation of materials or learning processes. Censorship in Schools Victoria Sherrow Enslow, 1996 - Juvenile Nonfiction - 128 pages NCAC The National Coalition against Censorship (NCAC) compiled materials related to censorship in schools that students, parents, and educators can use.

https://ncac.org/resource/first-amendment-in-schools 

The Guide cited that the First Amendment protects the right of Americans to speak and think freely. The First Amendment also safeguards the capacity of educators to carry out their judgment in conformity to professional standards. It provides the leeway or freedom to create learning environments that will effectively assist the youth to gain skills and knowledge in becoming self-reliant and productive. https://www.law.cornell.edu/constitution/first_amendment LOBOSKYJOJO (talk) 00:16, 13 December 2018 (UTC)

Student Rights USA

Can this be included under the sub-section of the United States?

Thank you

LOBOSKYJOJO (talk) 03:51, 26 January 2019 (UTC)

Student rights The United States Department of Education defined the Office for Civil Rights as responsible for enforcing some federal civil rights laws that disallow discrimination in programs or activities that get funds from its department. Discrimination refers to color, race, sex, national origin, age, and disabilities. Said laws cover colleges and universities, state education agencies, state vocational rehabilitation agencies, elementary and secondary school systems, museums, and libraries receiving funds from the education department. https://www2.ed.gov/about/offices/list/ocr/complaintprocess.html https://www2.ed.gov/about/offices/list/ocr/know.html?src=ft - -

I (writing anonymously because my login is engefargle, and adding here because of title relevancy) believe Krebs v. Rutgers 797 F. Supp. 1246 (D.N.J. 1992) which involved both FERPA1974 & Privacy Act of 1974 (Public Law 93-579, 5 USC 552a) should also be cited. Law students challenged the passing about by professors through class-rooms of grade sheets & such with students Socialist InSecurity Numbers. PA1974 explicitly applies to all federal, state, & local government agencies, regardless of whether they are "educational" (or at least did in its original form). FERPA applies to all "educational" operations, whether government or private. A bizarre judge twist in this one is that he decreed the president of the college was officially immune because he is an agent of the government, and then asserted Rutgers was not a government agency for purposes of the act...even though PA1974 applies only to government agencies, and hence, a reasonable person would expect, be explicitly over-riding the official immunity doctrine, and that, since only individual humans can choose, act, exercise mens rea, only individual misbehaving agents would be subject to penalties & fines, not tax-victims whose earnings go to fund the agencies & hence those agencies' agents. — Preceding unsigned comment added by 68.63.20.98 (talk) 13:58, 11 March 2019 (UTC)

Student Rights USA, poor grammar usage

I was able to add the correct punctuations where necessary and plural 's' to student where applicable. After which I tried to make change but was unlucky<!Florence Chinonyerem> Florence Chinonyerem (talk) 15:25, 22 October 2021 (UTC)Florence ChinonyeremFlorence Chinonyerem (talk) 15:25, 22 October 2021 (UTC)