other words, you might believe you have a right to be notified in advance if your child is to be suspended for 1 day, but the principal might believe that in certain situations he has the right to suspend without telling you ahead of time. Since there is a conflict in interpretations, someone else, a third party, must resolve the difference. In our system of government, the final interpretation is left to the courts. This doesn't mean that the courts will decide in favor of your case. It could be that the school board decides that you are wrong and, if you accept the decision, the matter is settled. However, if you still believe you are right, you can appeal to a higher level until you reach the Supreme Court. Remember: legal interpretations, court decisions, and appeals take time, expertise, and money. If you don't have them, then you might be better off negotiating or getting public support for your position. Some suggestions and strategies on this are presented in the next chapter. The School Board The school board members are your representatives and are responsible to you for the way they run the school district. You will see in chapter 3 that your participation in school board elections is very important. You will also see in chapters 2 and 5 that you can attend school board meetings and present complaints or suggestions. The best way to get improvements in your school is to work closely with the school board. If, however, you do not get the cooperation you think you should, then chapter 2 discusses some ways to handle the matter. Summary In all your work to improve your schools there is one fundamental point to remember: Schools are for the purpose of educating students; they are not toys for someone to play with; they are not the private possession of one person or group; they are not laboratories for experiments. If you believe that your children should get a good education and you are willing to do your part to improve the school system, you can have a positive impact on the schools. We believe this handbook will help you in your efforts. Now, let's review some points: • Everything that happens in public education can be traced through the pyramid of the Con stitution, laws, rules, and actions described earlier. This pyramid is protected by the court system. • Public schools are financed with money from local taxes, bonds, State funds, and Federal funds. • When you look at your schools you should consider these five main areas: quality and type of curriculum; personnel (superintendent, administrators, teachers, and support workers); school plant and equipment; student and parental rights; and school board and accountability. • You can look into these areas as individuals, or you can work in a group. • If you work in a group, chapter 4 gives you some suggestions on how to set up a comprehensive evaluation of your schools. • If you are interested in making some changes in your schools, chapter 3 provides you with some ideas and suggestions on influencing decisions. If you are interested in basic rights, you should review the chapter on rights. • If you want to know about your State, look at chapter 5. This chapter reviews various educational structures and laws within your State to provide you with a general outline of how your State educational system is organized. Explanations are given of major State educational bodies, the system of appeals and hearings, and other important laws affecting education like the State Open Records and Open Meetings Acts. A section of this chapter also treats State laws governing community and local school and school board relations. Notes to Chapter 1 1. U.S., Commission on Civil Rights, Mexican American Education in Texas: A Function of Wealth (1974). Also, U.S., Commission on Civil Rights, Inequality In School Financing: The Role of the Law (1972). 2. See chapter 5 for specific information on the authority, duties, and responsibilities of school boards. 3. Ibid. 4. U.S., Commission on Civil Rights, The Unfinished Education (1971). Also, U.S., Commission on Civil Rights, The Excluded Student (1972). 5. U.S., Commission on Civil Rights, A Better Chance to Learn: Bilingual-Bicultural Education (1975). See also, Intercultural Development Research Association, Newsletter, September 1975, pp. 2-5. Chapter 2 Legal Rights of Students and Their Parents in the Public Schools "The Constitution does not stop at the public school doors like a puppy waiting for his master, but instead it follows the student through the corridors, into the classroom, and onto the athletic field." (Granger v. Cascade County School District, 499 P. 2d 780, Mont. 1972) This chapter informs you about your legal rights as a student or as a parent in the public schools. First, let us begin by emphasizing that the schools are ours. We pay taxes and support these schools. We pay the salaries of the people employed by the school district. Therefore, the teachers, counselors, principals, and even the superintendent are our employees. We have a responsibility to be involved in seeing what is being done with our tax money and our children have a right to the education we're paying for. We place a great deal of money and trust in the hands of these school officials and we should hold them accountable. They have a job to do and we have a duty to determine how successfully they are doing it. You have a right and perhaps even an obligation to become involved in the schools. After all, what is more basic to the advancement and prosperity of you and your children than education? Remember that, like all good things, quality education doesn't come easy and it's going to take a lot of work. The format we'll use is to present a factual situation and then an explanation of the law in each subject. You can read all the sections as a whole or read only those areas that are of interest to you. Don't forget that to obtain your rights you must first know what they are. We hope this chapter will make you more aware of your rights with respect to the public schools. Speech Carmen makes a speech that she had been assigned in her history class on the issue of illegal aliens. Her teacher disagrees with her and asks her to leave the class and go to the principal's office. Does Carmen have a right to express her opinion? What are her rights? Of course, Carmen has a right to express her opinion, regardless of how unpopular what she has to say is or how many people disagree with her. The U.S. Constitution, which is the supreme law of the land, clearly states that no one can make any laws that prohibit freedom of speech. This is usually called a first amendment right because it is the first amendment to the U.S. Constitution which says that no one can deny us the right to speak and say what we think. First Amendment "Congress shall make no law***abridging the freedom of speech, or of the press; or the right of the people to peaceably assemble***." What about a case where Alex wears an armband to protest the war in a foreign country? Is this also protected by freedom of speech? Yes, sometimes we make our ideas known to others. without saying a word. If the act of wearing the armband is intended to express an idea and if it communicates that idea to other people then this is speech,' although not a sound was made. Are there any limitations of this freedom to speak or express opinions? Yes, a leading case in this area has ruled that students can be prevented from speaking their mind only if this action would "materially and substantially disrupt the work and discipline of the school." Thus, if Alex decided to protest the war by bringing in a band and singing protest songs in the halls while classes were being held, he could be kept from doing this because it would substantially disrupt the classes. What about getting a group of students together to protest the war? The students have a right under the first amendment to assemble peaceably. This means that they can't disrupt school activities. One problem in this area is that school officials can use their discretion to determine whether a certain action substantially disrupts the school activities. If a principal is of the opinion that there is substantial disruption, then he or she can legally prevent the assembly. The principal can make this decision, although what is a significant disruption to him or her may not be one to someone else. The principal can be proven wrong on appeal to the superintendent or to the school board, but by that time the issue has been resolved because the assembly has been stopped. To protect against this, it is wise to remember that the chances of stopping an assembly are greater if it occurs during the normal school day and if it takes place on school grounds. If it is held at the school and during the time that classes are in session, then care must be taken so that classes are not disturbed. What if this group decides to write a newspaper or a newsletter to pass out to the other students? Can they do this? Yes, freedom of the press is protected by the first amendment, and a paper or newsletter can be barred from school grounds only if it would substantially and materially interfere with school activities.3 Maria wants to express an opinion in her class at school. She does this by not saluting the flag. Does she have a right to do this? Is this freedom of "speech"? Yes, this action is protected by the first amendment. As a matter of fact, the U.S. Supreme Court has held that forcing a Jehovah's Witness to salute the flag was a violation of that person's first amendment rights to freedom of speech. The Court said that by not saluting the flag the student was expressing a point of view. Another case went further and said that those students who do not wish to salute the flag or recite the pledge of allegiance may not be required to stand during the ceremony. Again, this lack of action must not substantially disturb the class. 5 Searches Jose finds a marijuana cigarette on his way to school and decides to put it in his locker and save it so that he can show it to his friends after school. The principal is told about the cigarette by one of Jose's classmates. Can the principal search Jose's locker? Can a police officer be called to search the locker? What are Jose's rights? In this case, Jose is in real trouble because, while the fourth amendment protects a person outside a school building from being subjected to unreasonable searches, it has not been applied to students while on school property. Fourth Amendment "The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause***." In a case very similar to this, a high school principal allowed a police officer to search a student's locker for marijuana over the student's objection. The court found in favor of the high school principal because it reasoned that the educator had a duty to maintain campus discipline and that a reasonable right of inspection of school property and premises was necessary to carry out that duty. The fact that the locker had been set aside for the exclusive use of the student was thought to be unimportant. In another case where a principal opened a student's locker and found stolen goods and turned them over to the police, the court ruled that: "Although a student may have control of his school locker as against fellow students, his possession is not exclusive against the school and its officials."7 Thus it appears that, as the law stands today, a student's locker, desk, papers, and even his or her person may be searched by school officials or by police granted permission by school administrators. This is not to say that a student cannot refuse to give his or her consent to such a search. In most cases the students should tell the officials in front of witnesses that they do not give their consent. The students, however, cannot stop school or police officials from conducting a search. The reason for not giving consent is that any evidence found can be used in a court of law or at a hearing if the student consented to the search. If a student has not consented to a search and it is later ruled to have been an illegal search, then the evidence gathered cannot be used against the student. To protect his or her rights, a student is only required to state that he or she does not consent to the search, and no action to prevent the search is required or advisable. While there are some cases that are favorable to students and they could develop a trend in this area, that is not the law at present. Thus: A student should not put anything in his or her locker or take anything to school that he or she would not want school officials or the police to obtain. |