Chapter 3 – Student Rights and Restrictions

Chapter Notes

1. In loco parentis—in place of parent—permitted school officials to promulgate rules that allow them to
exercise a reasonable degree of control over students.
2. Control or jurisdiction is limited to school functions and activities.
3. Tinker case

Freedom of Expression

1. School officials may restrict freedom of expression where there is evidence of material and substantial
disruption, indecent speech, violation of school rules, destruction of school property, or disregard for
authority.
2. Buttons, pamphlets, and other insignia may be banned if message is vulgar or obscene.
3. Prohibiting distribution in class during regular school hours or in the corridors is considered reasonable.
4. Unsubstantiated fear and apprehension of disturbance are insufficient grounds restricting the right to
freedom of expression.
5. Demonstrations that deprive other students of the right to pursue their studies in an orderly and peaceful
environment can be disallowed.
6. Activity involving students’ right to freedom of expression cannot be banned on the grounds that it creates
discomfort or conflicts.
7. Do not impose policy restrictions on school-sponsored publications that cannot be defended on reasonable
grounds.
8. School officials must be able to demonstrate that the distribution of a student publication will create a
material and substantial disruption.

Dress and Appearance

1. Local school dress codes developed by the school should be approved by the BOE.
2. Policies and regulations governing dress should be communicated and discussed with parents and students.
3. Dress codes will be supported by courts when reasonable.
4. Dress that is considered vulgar or that mocks others on the basis of race, gender, religion, color, or national
origin may be prohibited.
5. A.H. v State case
6. Vernonia School District v Acton case

Search and Seizure

1. Reasonable search—student claims personal violations based on illegal searches.

2. New Jersey v TLO case
3. Search depends on evidence that will show the student has violated either the law or rules and scope of
search must be reasonable related to the objectives, age and sex of student, nature of infraction.
4. Automobiles, Student desks, lockers, and book bags can be subject to search under the standard of
reasonableness.
5. Strip searches should be avoided if possible.

Drug and Alcohol Testing

1. Develop school and district policies prohibiting the use and/or possession of drugs on school grounds.
2. Involve teachers, parents, student athletes, health officials, and community citizens in formulating policies.
3. Maintain relationships with parents for communication of students who may be using drugs.
4. Do not use the recent Supreme Court decision as a license to treat students unfairly.
Due Process

1. Includes four aspects: procedural, substantive, Vagueness Test, and Presumption Test.
2. Procedural—guarantees that a prescribed set of steps will be followed that allows students and school
personnel an opportunity to seek redress for alleged violations before any action is taken against them.
3. Substantive—valid reason exists before an individual is deprived of life, liberty, or property that means
used are reasonable.
4. Fairness is not always absolute.

School Suspension

1. Adequate notice must be provided to students and parents regarding existence of rules governing student
behavior.
2. Students facing suspension should be provided some type of notice followed by a brief hearing.
3. During hearings, official should listen to all sides of the case.

Corporal Punishment

1. Corporal punishment should not be used except for acts of misconduct that shock the conscience.
2. Do not expect courts to support malicious and excessive physical punishment of students.
3. Reasonable administration should be based on such factors and physical ability of child to bear the
punishment.