Student rights
Encyclopedia
Student rights are those rights
which protect student
s, here meaning those persons attending school
s, universities
and other educational institutions. The level of rights accorded to students, whether legally or by convention, varies considerably around the world.
(ICPSE), guilty of email espionage on a graduate student. The ruling set an important precedent in e-mail privacy
but it was also a landmark ruling in student rights since this was the only known incident where academic staff where found guilty of a criminal act as a result of a complaint made by a student – and where those staff members had the full support of their institution.
federal courts, in Tinker v. Des Moines Independent Community School District
, ruled that, "Students do not shed their constitutional rights... at the schoolhouse gate." 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.
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. It states:
Chapter 71: Section 82. Public secondary schools; right of students to freedom of expression; limitations; definitions
Section 82. 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.
No expression made by students in the exercise of such rights shall be deemed to be an expression of school policy and no school officials shall be held responsible in any civil or criminal action for any expression made or published by the students.
For the purposes of this section and sections eighty-three to eighty-five, inclusive, the word student shall mean any person attending a public secondary school in the commonwealth. The word school official shall mean any member or employee of the local school committee.
The result is students in the public secondary schools of the Commonwealth of Massachusetts are only held to the “Tinker” standard regarding Freedom of Expression.
Students rights' in the context of higher education often extends to concepts like:
Especially at large public research universities with large residential populations (flagship/land-grant universities) students organize around these issues using their student government to negotiate with the university administration.
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
which protect student
Student
A student is a learner, or someone who attends an educational institution. In some nations, the English term is reserved for those who attend university, while a schoolchild under the age of eighteen is called a pupil in English...
s, here meaning those persons attending school
School
A school is an institution designed for the teaching of students under the direction of teachers. Most countries have systems of formal education, which is commonly compulsory. In these systems, students progress through a series of schools...
s, universities
University
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
and other educational institutions. The level of rights accorded to students, whether legally or by convention, varies considerably around the world.
France
In the AlBaho Case, a French criminal court found three senior academics at the École Supérieure de Physique et de Chimie Industrielles de la Ville de ParisÉcole Supérieure de Physique et de Chimie Industrielles de la Ville de Paris
The école supérieure de physique et de chimie industrielles de la ville de Paris or ESPCI ParisTech is a chemistry and physics engineering college run by the city of Paris, France and a member of ParisTech...
(ICPSE), guilty of email espionage on a graduate student. The ruling set an important precedent in e-mail privacy
E-mail privacy
The protection of email from unauthorized access and inspection is known as electronic privacy. In countries with a constitutional guarantee of the secrecy of correspondence, email is equated with letters and thus legally protected from all forms of eavesdropping.In the United States, privacy of...
but it was also a landmark ruling in student rights since this was the only known incident where academic staff where found guilty of a criminal act as a result of a complaint made by a student – and where those staff members had the full support of their institution.
Primary and Secondary Schools
In 1969, the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
federal courts, in Tinker v. Des Moines Independent Community School District
Tinker v. Des Moines Independent Community School District
Tinker v. Des Moines Independent Community School District, was a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools...
, ruled that, "Students do not shed their constitutional rights... at the schoolhouse gate." The Morse v. Frederick trial was a First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
student free speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
case argued before the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
on March 19, 2007. The case involves Joseph Frederick, a then 18-year-old high school senior in Juneau
Juneau, Alaska
The City and Borough of Juneau is a unified municipality located on the Gastineau Channel in the panhandle of the U.S. state of Alaska. It has been the capital of Alaska since 1906, when the government of the then-District of Alaska was moved from Sitka as dictated by the U.S. Congress in 1900...
, Alaska
Alaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, 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.
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. It states:
Chapter 71: Section 82. Public secondary schools; right of students to freedom of expression; limitations; definitions
Section 82. 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.
No expression made by students in the exercise of such rights shall be deemed to be an expression of school policy and no school officials shall be held responsible in any civil or criminal action for any expression made or published by the students.
For the purposes of this section and sections eighty-three to eighty-five, inclusive, the word student shall mean any person attending a public secondary school in the commonwealth. The word school official shall mean any member or employee of the local school committee.
The result is students in the public secondary schools of the Commonwealth of Massachusetts are only held to the “Tinker” standard regarding Freedom of Expression.
Public Higher Education
Students in public higher education have substantially greater rights than students in primary and secondary education. First, the vast majority of students in public higher education are legal adults; thus, the state does not stand in loco parentis in relation to them, as they are their own guardians, possessing the same rights that all citizens have. In addition, public universities and colleges are institutions dedicated to the free exchange of ideas, the concept of academic freedom, and the concept of shared governance. This translates to the fact that free speech and participation in governance of the institution by students is common.Students rights' in the context of higher education often extends to concepts like:
- the right to form groups of their choosing to express their views, and receive funding for them;
- the right to speak freely, assemble, and demonstrate;
- the right to due process and an impartial hearing in any disciplinary matter;
- the right to participate in the governance of the institution;
- the right to make rules and regulations and have primary responsibility for the governance of student conduct;
- the right to do as they will, so long as they harm no other;
Especially at large public research universities with large residential populations (flagship/land-grant universities) students organize around these issues using their student government to negotiate with the university administration.
See also
- Youth rightsYouth rightsYouth rights refers to a set of philosophies intended to enhance civil rights for young people. They are a response to the oppression of young people, with advocates challenging ephebiphobia, adultism and ageism through youth participation, youth/adult partnerships, and promoting, ultimately,...
- Student voiceStudent voiceStudent voice describes the distinct perspectives and actions of young people throughout schools focused on education."Student voice is giving students the ability to influence learning to include policies, programs, contexts and principles."...
- National Youth Rights AssociationNational Youth Rights AssociationThe National Youth Rights Association is the largest youth-led civil rights organization in the United States promoting youth rights, with approximately ten thousand members...
- Leonard LawLeonard LawThe Leonard Law is a California law passed in 1992 that applies the First Amendment to the United States Constitution to private colleges and universities. The law also applies Article I, Section 2 of the California Constitution to private colleges and universities. California is the only state to...
- Student activismStudent activismStudent activism is work done by students to effect political, environmental, economic, or social change. It has often focused on making changes in schools, such as increasing student influence over curriculum or improving educational funding...
- Students' unionStudents' unionA students' union, student government, student senate, students' association, guild of students or government of student body is a student organization present in many colleges and universities, and has started appearing in some high schools...
- The Freechild Project