In the last few decades, educators are more concerned about student rights. Students should have equal rights and opportunities regardless of their race, socio-economic class, religion, and background. Student rights and responsibilities are better understood through historical court cases and rulings where students have challenged their school’s decisions. The rulings show a balance between student rights and responsibilities where students have a right to education and other human rights and have the resources to use educational resources responsibly.
Summary of the Court Cases
The respondent in the Bethel v. Fraser (1986) was a high school student who delivered a sexually explicit speech to nominate another student for the student elective office. The respondent referred to the candidate in a graphic sexual metaphor, and some of the students hooted and yelled while others were embarrassed (Bethel v. Fraser, [1986]). The Assistant Principal later suspended the student for three days and removed his name from the graduation speaker list. The respondent’s father filed a federal suit for violation of the First Amendment and sought injunctive relief and damages. The court decided that the school’s discipline violated the First Amendment and the school’s disruptive-conduct rule was unconstitutionally vague and broad. The Court of Appeal affirmed the ruling but the school appealed to the US Supreme Court and won in a 7-2 ruling. The Supreme Court argued that students were entitled to freedom of speech under the principles of Tinker, but not when it creates substantial disruption. The school has a right to protect young students from inappropriate and sexual speech.
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The U.S. Supreme Court ruled that the Fourteenth Amendment accords public-school students notice and a hearing before suspensions in Goss v. Lopez . Dwight Lopez and eight other students in different public schools in Ohio were suspended for misconduct. The students filed for a class-action suit because they were not given a hearing. A federal court ruled in favor of the students. The case was argued in the Supreme Court on October 16, 1974, and it upheld the ruling that students deserved a due process before suspension of 10 days or less. Two junior high school students filed a lawsuit against their school in Ingraham V. Wright (1981) after they were subjected to corporal punishment. Florida statute allowed for corporal punishment, but there were limitations. The district court ruled in favor of the school that it did not break the Eight Amendment, but the corporal punishment was harsh.
In Morse v. Frederick (2007), a 5-4 decision by the Supreme Court maintained that the school authorities do not violate the First Amendment by preventing students from sharing views that promote drug use. Joseph Frederick held a banner which said, “Bong Hits 4 Jesus” during the Olympic Torch Relay (Morse v. Frederick, [2007]). The principal took the banner and suspended Frederick for ten days. The Alaska District Court ruled that Frederick’s action was not protected by the First Amendment, while the US Court of Appeals for the Ninth Circuit reversed the ruling.
Tinker v. Des Moines Independent Community School District is a famous ruling that continues to set a precedent. The school suspended students for wearing black armbands to show their support for a truce in the Vietnam War. The school suspended 13-year-old Mary Beth Tinker with four other students. The students filed a First Amendment lawsuit, and on Feb. 24, 1969, the court ruled 7-2 in their favor. The majority opinion was that students do not lose their constitutional rights to freedom of speech at the schoolhouse gate.
Reflection
The above court cases show that educators have a responsibility to maintain student rights. Students are entitled to their rights and freedoms as human beings, but their rights come with a responsibility because they are still subjected to institutional rules, and they must act in a manner that does not interrupt learning. A building-level educator promotes fairness and integrity among all students. The educator takes responsibility for the student’s academic and social success. The educator is knowledgeable about student rights, and they use reflective practice when disciplining students to avoid infringing on their rights.
At the building-level, education leaders must apply the legal principles of democracy, equity, and diversity. The principle of democracy demands that students should be allowed to have their voices and opinions. As in the case of Tinker v. Des Moines, the freedom of speech does not end once the students are inside the school gate. Educators must evaluate the ethical and moral implications of their decisions against the principle of democracy to avoid legal trouble.
Another legal principle is equality. The educators must aim to be fair in their decision making to avoid punishing others and rewarding others for the same behaviors. The school policies or disciplinary measures should be applied equally. Some students should not be given preferential treatment because of their background, academic performance, or teacher preference. The other students are more likely to break the rules because they perceive that they are being mistreated. Educators must act with integrity and fairness, and they must model the principles of self-awareness and reflective practice.
The principles of self-awareness, reflective practice, transparency, and ethical behavior are interrelated. Self-awareness is a core leadership competency that makes one consider his/her feelings when interacting with others. Educators must learn to monitor their thoughts and feelings to be aware of their school environment biases. Self-awareness promotes efficiency and flexibility such that educators are willing to understand why others behave in a particular manner. Reflective practice is learning through practice/experience. Educators must make links from one experience to the other (LaBelle, 2017). Every interaction is a learning experience as educators question the way they deliver content or interact with students to be more effective and find new solutions. Reflective thinking allows educators to assess and appreciate their own methods.
The principle of transparency promotes a culture of openness. When educators or the school implement transparency, the students can see and understand that they are operating honestly. The school must provide accurate information to all the stakeholders, mainly information on disciplinary matters. Students should not be punished for breaking school rules when they have no idea about the school rules. Transparency and accountability are essential principles as they build trust as they feel that the school/ educators have high ethical standards. Students are more likely to be engaged when educators uphold the principle of transparency. Lastly, ethical behavior is concerned with what is right and wrong. Educators must model the right behavior for the students.
The educator can promote social justice in school. Social justice is becoming an essential concept in today’s society, and it takes two forms in education. Social justice can be in action where educators attempt to maintain equality and diversity in the education system. Injustices and disparities are common in the education sector, where students are denied or given access to opportunities based on their social class, gender, race, religion, and other factors ( Sensoy & DiAngelo, 2017) . Consequently, students from privileged backgrounds have a better educational foundation and opportunities than students from poor backgrounds. Educators have a responsibility to enhance fairness in school by treating all students equally. Education is a fundamental right, and all students deserve equal educational opportunities. Teachers can enhance equality by giving extra opportunities to underprivileged students, such as texts and after-school homework clubs.
Educators can also promote social justice through curriculum changes. The curriculum should broaden the students’ worldviews by incorporating diverse ideas and challenging the status quo. A curriculum that continues to ignore or reinforce real-world problems such as sexism, racism, and poverty harms the students. Educators should find ways to teach real issues, encourage analytical thinking, and create a just school environment. When educators are committed to social justice, they are more likely to fight for social justice within and outside school.
References
Bethel v. Fraser [1986] 478 U.S. 675 403 (U.S. Supreme Court).
LaBelle, J. T. (2017). Ethical and political implications of reflective practice among preservice teachers. Reflective Practice , 18 (5), 688-698.
Morse v. Frederick [2007] 127 S. Ct. 2618 551 U.S. __, (US District Court for the District of Alaska).
Sensoy, O., & DiAngelo, R. (2017). Is everyone really equal? An introduction to key concepts in social justice education . Teachers College Press.
Tinker v. Des Moines Independent Community School District. (n.d.). Oyez . Retrieved October 6, 2020, from https://www.oyez.org/cases/1968/21
