Student Rights

A survey of the evolution of student rights, from children as property to free speech, prayer in the classroom, compulsory flag salutes, school searches, drug testing, and the right to equal education.

Series Editor's Preface

xi

Danny Weil

Preface

xiii

An Overview of Student Rights: Relationships, Power, and Personal Rights

1

(16)

What Do the Constitution and Supreme Court Have to Do with Student Rights?

1

(1)

Children: Property or People?

2

(9)

In the Beginning: Children as Property

2

(2)

The Nineteenth and Early Twentieth Centuries: Children as National Resources

4

(3)

The Last Half of the Twentieth Century: Children as Persons with Rights

7

(4)

Under Debate: The Full Liberation of Young People or Adults Back in the Driver's Seat?

11

(3)

Continuing Student Rights Issues

14

(3)

Chronology of Selected Major Legislation and Supreme Court Cases

17

(14)

Freedom of Speech

31

(16)

Students and Free Speech: Tinker v. Des Moines

32

(2)

Limitations on the Tinker Finding: Fraser and Hazelwood

34

(4)

Instructional Materials: Island Trees v. Pico

38

(1)

Recent Developments

39

(5)

Censorship and School Violence

39

(1)

Student Publications

40

(2)

Internet Censorship Issues

42

(1)

Movement toward School Uniforms

43

(1)

Current Conditions for Students

44

(3)

Student Appearance

44

(1)

Student Expression

45

(2)

School Searches

47

(16)

The Reasonableness Standard: New Jersey v. T.L.O.

47

(3)

Types of Searches Students May Experience

50

(4)

Searches of Property

51

(2)

Searches of the Person

53

(1)

Voluntary Drug Testing: Vernonia v. Acton

54

(1)

Other Mass Searches

55

(1)

Student Consent

56

(1)

Recent Developments

57

(3)

Current Conditions for Students

60

(3)

Education, Property Rights, and Due Process

63

(12)

Education as a Property Right with Due Process Protection: Goss v. Lopez

64

(2)

Property and Due Process Rights of Students with Disabilities

66

(3)

Corporal Punishment: Ingraham v. Wright

69

(2)

Recent Developments

71

(3)

Students with Disabilities

71

(2)

Corporal Punishment

73

(1)

Current Conditions for Students

74

(1)

The Right to an Equal Education

75

(16)

Race and Ethnicity: Brown v. Board of Education of Topeka

75

(4)

Bilingualism: Lau v. Nichols

79

(2)

Gender

81

(2)

Recent Developments

83

(5)

Race and Ethnicity

83

(2)

Bilingualism

85

(1)

Gender and Sexuality

86

(2)

Current Conditions for Students

88

(3)

Equality

88

(1)

Bilingualism

89

(1)

Gender

90

(1)

Religion and Education

91

(16)

The Separation of Church and State

92

(1)

Compulsory Flag Salutes

93

(1)

Compulsory Attendance and Aid to Religious Schools

93

(2)

Prayer and Religious Groups in Schools

95

(2)

Religion and the Curriculum

97

(2)

Recent Developments

99

(6)

Public Money and Private Schools

99

(1)

Prayer and Religious Activity in Schools

100

(1)

Religion and the Curriculum

101

(4)

Current Conditions for Students

105

(2)

Selected Constitutional Amendments

107

(4)

The Bill of Rights

107

(2)

Amendments I--X

107

(2)

Amendment XIV

109

(2)

Excerpts from Landmark Supreme Court Cases

111

(36)

Brown v. Board of Education of Topeka, Kansas

111

(2)

Engel v. Vitale

113

(3)

Goss v. Lopez

116

(2)

Hazelwood School District v. Kuhlmeier

118

(1)

Honig v. Doe

119

(2)

In re Gault

121

(3)

Ingraham v. Wright

124

(1)

Meyer v. State of Nebraska

125

(1)

New Jersey v. T.L.O.

126

(2)

Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary

128

(2)

Santa Fe Independent School District v. Doe

130

(3)

Tinker v. Des Moines School District

133

(3)

Vernonia School Dist. 47J v. Acton

136

(4)

Wallace v. Jaffree

140

(1)

Wisconsin v. Yoder

141

(6)

Directory of Selected Organizations and Internet Resources

147

(20)

Selected Organizations

147

(7)

Selected Internet Resources

154

(13)

Selected Print and Video Resources

167

(22)

Print Resources

167

(14)

Video Resources

181

(8)

Glossary

189

(4)

Index

193

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Summary

Table of Contents

Supplemental Materials