Magna Carta of Students/ rights

Salient Features of the Student Rights and Welfare Bill I. RIGHT TO ADMISSION WITHOUT UNDUE DISCRIMINATION No student shall be denied admission to any school on account of his/her physical handicap, socio-economic status, political and religious beliefs, sexual orientation or membership of student organizations, nor shall pregnant students certified reformed drug abusers and those suffering from immune deficiency syndrome be discriminated against Failure of or refusal of student to sign waiver documents prepared by the school administration shall not constitute a ground for his/her non-admission. Students shall have the right freely to choose his/her fields of study subject to existing curricula and to continue his/her course up to graduation except in case of academic deficiency or violation of disciplinary regulations that do not infringe upon the exercise of students rights and welfare. II. RIGHT TO COMPETENT INSTRUCTION AND RELEVANT QULAITY EDUCATION Every student shall have the right to competent instruction and quality education relevant to his/her personal and cultural development and that of the nation. Students shall have the right to make a written evaluation of the performance of their teachers towards the end of the school term. III. RIGHT TO ADEQUATE WELFARE SERVICES AND ACADEMIC FACILITIES It shall be the responsibility of the school administration to provide the students with adequate welfare services and academic facilities relative to the financial capacity of the school. The school shall endeavor to provide free annual physical check-up to the students. It shall be the responsibility of the school authorities to provide students with adequate laboratory, library, research, recreation and physical education facilities. It shall be the responsibility of the school administration to promptly notify student concerned of letters and other communications it receives in behalf of the students. IV. RIGHT TO ORGANIZE STUDENT ORGANIZATIONS Unity and collective effort being fundamental in realization of common goals and the promotion and protection of common interest, the State recognizes the rights of the students to organize among themselves. The rights of the students to form, assist, or join other organization, alliance or federation for their physical, intellectual, moral, cultural, civic, spiritual, and political interest shall not be abridged. Pursuant thereto, the practice of making students sign waiver document which states

that they are not members of and will not join a specified organization before being allowed to enroll is hereby prohibited. V. RIGHT TO BE ACCREDITED AND GRANTED OF PRIVILEGES TO STUDENT ORGANIZATIONS No unreasonable requirements shall be imposed on student organization seeking recognition. Accreditation shall be granted upon the submission by the organization concerned of its concept paper and constitution and a formal letter addressed to the student council stating the organizations intent to be accredited. At tertiary level, the student council in coordination of the student affairs office shall take charge of the accreditation and re-accreditation of student organizations. The student council and the council of leaders composed of heads of different student organizations shall formulate the guidelines concerning accreditation jointly. The student council shall oversee the implementation of these guidelines and mediate in instances of conflicts. There shall be no discrimination in the assignment of school facilities and granting of other privileges to student organizations. The school administration shall endeavor to provide, free of charge, a hall of or building to house the offices of the different student organizations within the premises of the school. Excessive charges for the use of school facilities shall be prohibited. Whenever possible, the school administration shall allow student organizations to use school facilities free of charge. All on and off campus activities of student organizations shall be coordinated by the student council/government. VI. RIGHT TO ORGANIZE A STUDENT COUNCIL/GOVERNMENT The State shall ensure the existence of democratic autonomous student councils/governments. Pursuant thereto, there shall be one university student council/government for each school campus that shall be given recognition by the schools, colleges and universities concerned. It shall have its own set of officers elected in annual popular elections. Every student council/government shall have the right to determine its policies and programs on student activities subject to its duly ratified charter or constitution and to school rules and regulations provided the same do not infringe on the basic human rights. VII. STUDENT COUNCIL/GOVERNMENT CHARTER OR CONSTITUTIONS The body. Student Council/Government Charter or Constitution shall be formed by the

representatives of all student organizations in a school and shall be ratified by the student

VIII. FORMATION OF THE STUDENT COMMISSION ON ELECTIONS There is hereby created a Commission on Elections (COMELEC) that shall conduct and oversee the election of officers of the student council/government. The Student Affairs Office shall choose the members of the Commission from among the list of the nominees recommended by the student council/government. Once constituted, the COMELEC shall be independent and autonomous from any sector of the school and shall ensure the conduct of clean, honest and peaceful elections. The school must provide the COMELEC sufficient funds to ensure the success of its goals and objectives. IX. PROHIBITION IN THE USE OF FORCE AND EXACTION OF EXCESSIVE FEES All campus organizations shall be prohibited using force in the initiation of and exacting excessive fees from their members as well as their other student activities. X. REPRESENTATION IN POLICY MAKING BODY As far as practicable and consistent with school rules and regulations, there shall be a student representative in the policy-formulating body of the school. The duly elected student representative from the selection process of the Student Council/Government shall represent the student body to the policy-making body. He shall have the same rights as that of the regular member, but his privileges shall be limited to reimbursement for actual expenses in attending meetings. XI. RIGHT TO BE INFORMED The rights of the students to information on matters directly or indirectly affecting their welfare shall be recognized. Access to official records and other pertinent documents and papers pertaining to official act, transactions or decisions shall be afforded by the students subject only to reasonable regulations that maybe imposed such as time for examining the documents and other papers to prevent loss or damage of the same. XII. FREEDOM OF EXPRESSION Subject to existing laws, students shall have the right to freely express their views and opinions. They shall have the right to peaceably assemble and petition the government and school authorities for the redress of their grievances. Pursuant thereto, no school regulation shall be imposed violating or abridging the students right to assembly. Student shall have access to print and broadcast media in their information activities. They shall also have the right to print, circulate and/or mount leaflets, newsletters, posters, wall news, petitions and such other materials. Pursuant thereto, the school authorities shall ensure the provision of facilities such as bulletin boards for the mounting of the aforementioned materials.

School authorities may designate a certain area on every campus as a freedom park where students, can freely discuss issues directly and indirectly affecting them. XIII. STUDENT PUBLICATION Students shall have the right to publish student newspaper and other similar publications, print in their pages materials that they deem in pursuance of their academic freedom and freedom of expression in accordance with Republic Act NO. 7079, otherwise known as the Campus Journalism Act of 1991. Pursuant thereto, no individual who is not a staff member of the publication shall determine its content. The role of the faculty adviser in the student newspaper shall be limited to technical guidance. The selection of the student editor-in-chief and his/her staff shall be made by annual fair and competitive examinations to be administered by an impartial Board of Judges. The editorial staff shall observe the ethics of professional journalism. It shall be the responsibility of the editorial staff to ensure that the student paper is not used for purposes contrary to law. The editor/editorial staff shall, unless sooner removed for cause and with due process, be assured of security of tenure for the duration of his/her its prescribed term. XIV. ACADEMIC FREEDOM Students academic freedom shall consist of, but not limited to, the following rights: To conduct researches in connection with academic work, and to freely discuss and publish their findings and recommendations; To conduct inquiry within the campus in curricular and extra-curricular activities; To choose a field of study and to pursue the quest for truth; to express their opinion on any subject or public or general concern which directly or indirectly affects the students of the educational system; To invite off-campus speakers or resource persons to student-sponsored assemblies, fora, symposia, and other similar activities; To express contrary interpretations or dissenting opinions inside and outside the classroom; To participate in the drafting of a new curriculum and in the review or revision of the old;

To participate in the drafting and/or revising of the student handbook which shall include the school rules and regulations, a copy of which shall be furnished the students upon admission to the school; and

To be free from any form of indoctrination leading to imposed ideological hegemony.

XV. RIGHT TO DUE PROCESS A student subject to disciplinary proceedings shall have the right to defend himself, to be heard and to present evidence on his/her behalf before an impartial body. There shall be a Student Disciplinary Board to be composed of one (1) representative from the school administration, two (2) faculty members and two (2) students to conduct investigations into and decide on cases of student violations of disciplinary standards. Both the faculty and the student representatives shall be endorsed by the student council/government. The blacklisting, expulsion, suspension and other such disciplinary sanctions that maybe taken against a student shall not be valid unless the following rights have been observed and accorded the student: The right to be informed in writing of the nature and cause of the accusation against him/her; The right to confront witness against him/her and to full access to the evidence in the case; The right to defend himself/herself and to be defended by a representative or counsel of his/her choice, adequate time being given to him/her for the preparation of his/her defense; The right to a hearing before the Student Disciplinary Board; The right against self-incrimination; and The right to appeal adverse decision of the Student Disciplinary Board to the governing board and ultimately to the appropriate education agencies. The decision in any disciplinary proceeding must be rendered on the basis of relevant and substantial evidence presented at the hearing, or at the least contained in the record and disclosed to the student affected. The deciding body should, in all controversial questions, render its decision in such a manner that the issues involved, and the reasons for any decision rendered are made clear to the student.

Disciplinary sanction shall be corrective rather than punitive or penal in nature. The gravity of disciplinary sanctions must be proportionate to the seriousness of the violation committed. The Office of the Guidance Counselor of the respective schools in consultation with the Student Disciplinary Board shall publish on a periodic basis acts that are deemed violative of the school rules and regulations and the corresponding disciplinary sanctions. Provided, that such rules and regulations do not violate the rights guaranteed herein and under the Constitution. XVI. RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES Every student shall be free from any form of unreasonable search and seizure. Except for the following instances no search or seizure of a student shall be deemed valid: Searches made at the point of ingress and egress by authorized personnel of the school; Searches and seizure of illegal articles or articles falling in the plain view of dully authorized personnel; Searches and seizures of articles that are illegal, discovered inadvertently by duly authorized personnel; Searches made when the student is about to commit, is committing or has just committed a crime or a serious infraction of the schools rules and regulations; Searches made with a valid search warrant.

Articles seized in violation of the hereinabove provided rights shall not be used as evidence against the student in any disciplinary action that may be brought against him/her. XVII. ACCESS TO SCHOOL RECORDS AND ISSUANCE OF OFFICIALS CERTIFICATES Subject to the provision of the following section, every student shall have access to his/her own school records, the confidentiality of which the school shall maintain. He/She shall have the right to be issued official certificates, diplomas, transcripts of records, grades, transfer credentials and other similar documents within thirty (30) gays from the filing of request and accomplishment of all pertinent requirements. XVIII. SECURITY OF TENURE It shall be the right of students to finish their entire courses of study in a given school, except in cases of academic deficiency or violation of disciplinary regulations. In cases wherein the school authorities refuse to allow a student to enroll for the subsequent semester or year due to the causes hereinabove stated, the student may appeal such ruling to the appropriate education agency XIX. PROHIBITION AGAINST INVOLUNTARY CONTRIBUTIONS

Except those approved by their own student organizations, all-involuntary contributions shall be prohibited. XX. COLLECTION OF STUDENT PAPER AND STUDENT COUNCIL FEES The school administration shall assist the student paper staff and the student council/government, in their financial needs through the collection of student paper and student council fees from the students. The student paper fees shall be held in trust for their unhampered use in the publication of student paper. The full amount of student council fees shall be turned over to the student council within fifteen (15) days from the assumption of office of the Student Council Officers. XXI. PRIVACY OF COMMUNICATION The privacy of communication and correspondence among students shall remain inviolable. XXII. SCHOLARSHIP GRANTS AND PRIVILEGES Opposition to school policies inimical to students interest shall not be a ground for denying or withdrawing scholarships grants and privileges to deserving students. XXIII. RIGHT TO ADEQUATE AND SAFE HOUSING/DORMITORY FACILITIES The state and the respective school authorities shall endeavor to provide the students adequate, safe and clean housing facilities. XXIV. PROHIBITION AGAINST MILITARIZATION OF THE SCHOOL CAMPUS The pursuit of academic excellence and exercise of academic freedom can be attained only in an atmosphere free from fear and unreasonable restraint. Pursuant thereto, no military detachment shall be installed on the school campus. Military elements and/or policeman in uniform or in plain clothes and school security forces shall not interfere with student activities, particularly peaceful mass actions, inside the school campus. XXV. FIREARMS BAN Students shall not be allowed to carry firearms inside the school campus. They shall be required to deposit such firearms with the school security force prior to their entry to the school premises.

TEACHER AND SCHOOL STAFF RIGHTS

If you have any questions regarding Teacher Rights or School Staff Rights, please contact us for a Free Teacher Rights and School Staff Rights Consultation.

Teachers and school staff including food services, maintenance and operations, office and clerical, paraeducators, special services and administration enjoy a number of rights pertaining to their employment, including recognition of certain freedoms, prohibition against certain forms of disrimination, and significant protections against dismissal from their position. These rights are derived from state and federal constitutional provisions, state and federal statutes, and state and federal regulations.

Constitutional provisions provide protection to teachers and school staff at public schools that are generally not available to teachers at private schools. Since public schools are state entities, constitutional restrictions on state action limit some actions that public schools may take with respect to teachers or other employees. Rights that are constitutional in nature include the following:

Substantive and procedural due process rights, including the teacher right to receive notice of termination and right to hearing Freedom of expression and association provided by the First Amendment Academic freedom, a limited concept recognized by courts based on principles of the First Amendment Protection against unreasonable searches and seizures by school officials of a teacher's personal property

Though private school teachers do not generally enjoy as much of the constitutional protection as public school teachers, statutes may provide protection against discrimination. The CIVIL RIGHTS Act of 1964, for example, protects teachers at both public and private schools from racial, sexual, or religious discrimination. Private school teachers may also enjoy rights in their contracts that are similar to due process rights, including the inability of a private school to dismiss the teacher without cause, notice, or a hearing.

Denial or Revocation of Teaching Certificate

Courts have held consistently that teaching certificates are not contracts. Thus, requirements to attain or maintain a certificate may be changed and applied to all teachers and prospective teachers. The certification process is administered by state certifying agencies in each state, and most of these agencies have been delegated significant authority with respect to the administration of these rules. Despite this broad delegation, however, the state agencies may not act arbitrarily, nor may these agencies deny or revoke certification on an arbitrary basis. Some state statutes provide that a certificate may be revoked for "just cause." Other common statutory grounds include the following:

Immoral conduct or indecent behavior Incompetency Violations of ethical standards Unprofessional conduct Misrepresentation or fraud Willful neglect of duty

Teacher Tenure
Most states protect teachers in public schools from arbitrary dismissal through tenure statutes. Under these tenure statutes, once a teacher has attained tenure, his or her contract renews automatically each year. School districts may dismiss tenured teachers only by a showing of cause, after following such procedural requirements as providing notice to the teacher, specifying the charges against the teacher, and providing the teacher with a meaningful hearing. Most tenure statutes require teachers to remain employed during a probationary period for a certain number of years. Once this probationary period has ended, teachers in some states will earn tenure automatically. In other states, the local school board must take some action to grant tenure to the teacher, often at the conclusion of a review of the teacher's performance. Tenure also provides some protection for teachers against demotion, salary reductions, and other discipline. However, tenure does not guarantee that a teacher may retain a particular position, such as a coaching position, nor does it provide indefinite employment.

Prior to attaining tenure, a probationary teacher may be dismissed at the discretion of the school district, subject to contractual and constitutional restrictions. Laws other than those governing tenure will apply to determine whether a discharge of a teacher is wrongful. If a probationary teacher's dismissal does not involve discrimination or does not violate terms of the teacher's contract, the school district most likely does not need to provide notice, summary of charges, or a hearing to the teacher.

In the absence of a state tenure STATUTE, a teacher may still attain de facto tenure rights if the customs or circumstances of employment demonstrate that a teacher has a "legitimate claim of entitlement for job tenure." The United States Supreme Court recognized this right in the case of Perry v. Sindermann, which also held that where a teacher has attained de facto tenure, the teacher is entitled to due process prior to dismissal by the school district.

State laws do not govern the tenure process at private schools. However, a contract between a private school district and a teacher may provide tenure rights, though enforcement of these rights is related to the contract rights rather than rights granted through the state tenure statute.

Teacher Dismissal
A school must show cause in order to dismiss a teacher who has attained tenure status. Some state statutes provide a list of circumstances where a school may dismiss a teacher. These circumstances are similar to those in which a state agency may revoke a teacher's certification. Some causes for dismissal include the following:

Immoral conduct Incompetence Neglect of duty Substantial noncompliance with school laws Conviction of a crime Insubordination Fraud or misrepresentation

Due Process Rights of Teachers and School Staff

The Due Process Clause of the Fourteenth Amendment, like its counterpart in the Fifth Amendment, provides that no state may "deprive any person of life, liberty, or property, without due process of law." This clause applies to public school districts and provides the minimum procedural requirements that each public school district must satisfy when dismissing a teacher who has attained tenure. Note that in this context, due process does not prescribe the reasons why a teacher may be dismissed, but rather it prescribes the procedures a school must follow to dismiss a teacher. Note also that many state statutory provisions for dismissing a teacher actually exceed the minimum requirements under the Due Process Clause.

The United States Supreme Court case of Cleveland Board of Education v. Loudermill is the leading case involving the question of what process is due under the Constitution. This case provides that a tenured teacher must be given oral or written notice of the dismissal and the charges against him or her, an explanation of the EVIDENCE obtained by the employer, and an opportunity for a fair and meaningful hearing.

Teacher Contracts
The law of contracts applies to contracts between teachers and school districts. This law includes the concepts of offer, acceptance, mutual ASSENT, and consideration. For a teacher to determine whether a contract exists, he or she should consult authority on the general law of contracts. This section focuses on contract laws specific to teaching and education.

Ratification of Contracts by School Districts

Even if a school official offers a teacher a job and the teacher accepts this offer, many state laws require that the school board ratify the contract before it becomes binding. Thus, even if a principal of a school district informs a prospective teacher that the teacher has been hired, the contract is not final until the school district accepts or ratifies the contract. The same is true if a school district fails to follow proper procedures when determining whether to ratify a contract.

Teacher's Handbook as a Contract

Some teachers have argued successfully that provisions in a teacher's handbook granted the teacher certain contractual rights. However, this is not common, as many employee handbooks include clauses stating that the handbook is not a contract. For a provision in a handbook to be legally binding, the teacher must demonstrate that the actions of the teacher and the school district were such that the elements for creating a contract were met.

Breach of Teacher Contract

Either a teacher or a school district can breach a contract. Whether a breach has occurred depends on the facts of the case and the terms of the contract. Breach of contract cases between teachers and school districts arise because a school district has terminated the employment of a teacher, even though the teacher has not violated any of the terms of the employment agreement. In several of these cases, a teacher has taken a leave of absence, which did not violate the employment agreement, and the school district terminated the teacher due to the leave of absence. Similarly, a teacher may breach a contract by resigning from the district before the end of the contract term (usually the end of the school year).

Remedies for Breach of Contract

The usual remedy for breach of contract between a school district and a teacher is monetary damages. If a school district has breached a contract, the teacher will usually receive the amount the teacher would have received under the contract, less the amount the teacher receives (or could receive) by attaining alternative employment. Other damages, such as the cost to the teacher in finding other employment, may also be available. Non-monetary remedies, such as a court requiring a school district to rehire a teacher or to comply with contract terms, are available in some circumstances, though courts are usually hesitant to order such remedies. If a teacher breaches a contract, damages may be the cost to the school district for finding a replacement. Many contracts contain provisions prescribing the amount of damages a teacher must pay if he or she terminates employment before the end of the contract.

Teacher Freedom from Discrimination

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. These forms of discrimination are also barred through the enactment of Title VII of the Civil Rights Act of 1964, which was amended in 1972 to include educational institutions. This law provides that it is an unlawful employment practice for any employer to discriminate against an individual based on the race, color, religion, sex, or national origin of the individual. Title IX of the Education Amendments of 1972 provides protection against discrimination based on sex at educational institutions that receive federal financial assistance. Title VII and IX also prohibit SEXUAL HARASSMENT in the workplace.

A teacher who has been subjected to discrimination has several causes of action, though proof in some of these cases may be difficult. A teacher may bring a cause of action under section 1983 of Title 42 of the United States Code for deprivation of rights under the Equal Protection Clause (or other constitutional provision). However, to succeed under this cause of action, the teacher would need to prove that the school had the deliberate intent to discriminate. Similarly, a teacher bringing a claim under Title VII must demonstrate that the reasons given by a school for an employment decision were false and that the actual reason for the decision was discrimination.

Teacher Academic Freedom

Teachers in public schools have limited freedoms in the classroom to teach without undue restrictions on the content or subjects for discussion. These freedoms are based on rights to freedom of expression under the First Amendment of the Bill of Rights. However, the concept of academic freedom is quite limited. The content taught by a teacher must be relevant to and consistent with the teacher's responsibilities, and a teacher cannot promote a personal or political agenda in the classroom. Factors such as the age, experience, and grade level of students affect the latitude in which a court will recognize the academic freedom of a teacher.

Teacher Freedom of Expression

A leading case in First Amendment JURISPRUDENCE regarding protected forms of expression is Pickering v. Board of Education. This case involved a teacher whose job was terminated when he wrote to a local newspaper an editorial critical of the teacher's employer. The Supreme Court held that the school had unconstitutionally restricted the First Amendment rights of the teacher to speak on issues of public importance. Based on Pickering and similar cases, teachers generally enjoy rights to freedom of expression, though there are some restrictions. Teachers may not materially disrupt the educational interest of the school district, nor may teachers undermine authority or adversely affect working relationships at the school.

Teacher Freedom of Association

Similar to rights to freedom of expression, public school teachers enjoy rights to freedom of association, based on the First Amendment's provision that grants citizens the right to peaceful assembly. These rights generally permit public school teachers to join professional, labor, or similar organizations; run for public office; and similar forms of association. However, teachers may be required to ensure that participation in these activities is completely independent from their responsibilities to the school.

Teacher Freedom of Religion

The First Amendment and Title VII of the Civil Rights Act of 1964 provide protection against religious discrimination by school districts against teachers. Teaches may exercise their religious rights, though there are certain restrictions to such rights. This existence of restrictions is particularly relevant to the public schools, since public schools are restricted from teaching religion through the Establishment Clause of the First Amendment. Thus, for example, a teacher is free to be a practicing Christian, yet the teacher cannot preach Christianity in the classroom.

Teacher Privacy Rights

Teachers enjoy limited rights to personal privacy, though courts will often support disciplinary action taken by a school district when a teacher's private life affects the integrity of the school district or the effectiveness by which a teacher can teach. Thus, for example, a teacher may be terminated from his or her position for such acts as ADULTERY or other sexual conduct outside marriage, and courts will be hesitant to overrule the decisions of the school board.

Teacher Age
The Age Discrimination in Employment Act of 1967, with its subsequent amendments, provides protection for teachers over the age of 40 against age discrimination. Under this act, age may not be the sole factor when a school district terminates the employment of a teacher. If a teacher charges a school district with age discrimination, the school district has the burden to show that some factor other than age influenced its decision.

Teacher Pregnancy
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.

Illinois Laws Regarding Teachers' Rights

Each state provides laws governing education agencies, hiring and termination of teachers, tenure of teachers, and similar laws. Teachers should consult with statutes and education regulations in their respective states, as well as the education agencies that enforce these rules, for additional information regarding teachers' rights. Moreover, teachers should review their contracts, COLLECTIVE BARGAINING AGREEMENT, and/or employee handbook for specific provisions that may have been included in an agreement. In Illinois, th Teacher's certificate may be revoked or suspended for immorality, health condition detrimental to students, incompetence, unprofessional conduct, neglect of duty, willful failure to report CHILD ABUSE, conviction of certain sex or narcotics offenses, or other just cause. Teachers may be dismissed on similar grounds.