Student's+Constitutional+Rights+with+Teacher's+Constitutional+Rights

Students’ records cannot be released to anyone of an outside source. FERPA allows students to have rights and the records which are kept on each student who attends a public school falls under FERPA. Students and their parents can see their records anytime they would like. This does not mean that their records have to be reproduced for them. Student records are also referred to as educational records. These records are kept as the student attends school. They are kept for seven years after the student has graduated. Even after the student has graduated, they can go to their school and request to see their student records. Students and parents cannot request to see someone else’s record. || **FREEDOM OF EXPRESSION** Both teachers and students are entitled to the First Amendment right to freedom of speech and expression; this includes written and symbolic expression. The courts have designed a test to determine if expressive actions and symbolic speech is categorized under the First Amendment as "speech". The test includes the following two questions: (1) Was the conduct "intended to convey a particularized message"? and (2) Was "the likelihood great that the message would be understood by those who viewed it"? Even with these rights, teachers are not free to say and write whatever they want. The courts often try to balance the rights of the teacher with the harm caused to the school.The First Amendment does protect teachers' communication and expressive activities on matters of public concern, as seen in Pickering v. Board of Education. However, if the school board reasonably believes that the teacher's expression, in regards to public concern, negatively affects the teacher's ability to perform his or her duties or disrupts the normal flow of the school, or destroys working relationships, then the teacher still may be disciplined. || The 4th Amendment protects an individual from government intrusion. At school, they can search if they have reasonable cause to search. In order for them to do a search there has to be probable cause. A search is an invasion of someone’s reasonable belief of retreat. Students can waive their constitutional rights and sign a waiver saying they can search their belongings. Students’ lockers can be checked when there is suspicion of things. It is in the students hand book for many schools that their lockers can be checked. If their personal belongings are being searched then it has to be a reasonable suspicion to justify why they are doing the search. The school can have a school security officer do a search, but if law enforcement came in then they would need to have a warrant or permission before they can do the search. || **FREEDOM OF ASSOCIATION** Although freedom of association is not specifically mentioned in the Constitution, courts have ruled that teachers have the right of free association and cannot be disciplined for participating in political, labor, religious, or social organizations or activities unless their participation becomes disruptive. The courts all agree that rules and statues that ban members of controversial organizations from public employment are unconstitutional. Teachers also have the right to get involved in political activities and hold public office, but school boards have the right to place restrictions on the exercise of this right. Lastly, teachers who refuse to sign a loyalty oath can denied employment in the public schools. || The school is suppose to get written permission from the parents before their child is involved in a survey, analysis, or evaluation which would reveal information about them and their family. Parents also have the right to inspect the survey which their child will be taking. Parents can also opt students out of doing the survey. || **FREE EXERCISE OF RELIGION** Free exercise of religion is protected by the First Amendment. The right to believe as one chooses is protected, but the right to act on those beliefs is not. This means that teachers can attend religious meetings of their choice, but cannot proselyte to their students during class time or at other school activities. Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations for teachers' religious beliefs, observances, and practices unless it would cause the employers undue hardship. || The restrictions on student's speech vary depending on where it is taking place (forum). There are three types of forums: open, limited, and closed. Open forums are places that are used for public speech. Limited forums are places that are typically a public area that is used for other purposes but has been opened up for speech too. This is the general forum for schools. They create the limited forum by having bulletin boards that can be used for announcements or they designate certain events for speech. A closed forum is a place that isn't meant for the exchange of ideas and the real purpose of the place is lost if free speech is allowed. The freedom of speech is limited to the forms of expression that are compatible with the purpose of the forum. Closed forums include classtime, school events, and school-sponsored activities. A student's speech does not have to be disruptive to be restricted. Judicial opinion states that a students speech may be restricted if it is disruptive to the school, harmful to students, or pervasively vulgar. Speech can also be restricted in open forums. However, the restrictions must be consistent for all viewpoints. All speech must be treated equally. The students must also be informed of the guidelines about where and when they can express their ideas or distribute materials. When it comes to websites, students have different rights depending on whether it is a school website or an individual's website.With school websites, it follows the rules of open, limited and closed forums. Closed websites can be regulated in the same way a school website can be monitored. However, in a limited forum website, schools must show that the restrictions are for a valid educational purpose and that they are not only trying to sensor a viewpoint that is unpopular or they don't agree with. Websites that are created off school property can only be restricted if the content of the website is distruptive to learning or invades the rights of others. In some states, dress is looked at as a form of expression. Others states don't agree. In those states, the dress can only be restricted when it can be proven that the dress is disruptive, pervasively vulgar, or harmful. Students have the right under the First Amendment, to wear prescribed religious clothing. In areas where dress is not considered an expression of speech, dress can be prohibited as long as there is a legitimate reason. However, the schools need to make sure to be specific about what is and is not permitted in these restrictions. Many schools have also adopted uniform policies. So far, no court has found this to be a violation of student's First Amendment rights. However, many schools have also adopted a policy that makes wearing the uniforms optional in order to side step legal issues. ||  || Non-curriculum-related groups are groups that do not directly relate to the courses that are offered at that particular school. Once the school allows one non-curriculum-related group to meet, it must allow other non-curriculm-related groups to do the same. However, the school still has the right to restrict groups that may be harmful, threatening or cause distruptions. Allowing students that are involved in religious groups to meet in the school is not a violation of the Establishment Clause. However, teachers and staff need to be cautious that the meetings are student-initiated, they are not sponsored by the school in any way, and that employees of the school are only there to supervise, but not participate. They must also make sure that the meeting does not interfere with the educational activities of the school, non-school persons don't direct, conduct or even regularly attend these meetings, and that groups are not excluded based on the religious, political,or philisophical content of what is said at the meeting. ||  || 14th amendment provides protection against unwarranted government intrusion into places, clothes, belongings, person, or anywhere an individual might otherwise have a reasonable expectation of privacy. Work Place Searches- Teachers have the right to have privacy in their offices, lockers, personal effects and in their person. “Reasonable Expectation of Privacy.” Desks, filing cabinets, and storage areas can be used. However their privacy depends on whom they share the area with. Employer can do a search if 1.) there is a reasonable suspicion of evidence that shows misconduct. 2.) the scope of search is related to the objectives of the search and not excessively intrusive in light of the nature of the misconduct. || Also considered a search under the 14th amendment. This type of search cannot take place unless the employer must base it on an individualized suspicion of wrongdoing, and concern that the individual was using or under the influence of drugs. Teachers can protest it only if it does not involve student safety. || Teachers have the freedom to discuss the subject matter discipline and to determine the most appropriate method and strategy. (They are limited in determining the content of the curriculum.) || The 5th amendment protects individuals from being forced to give self-incriminatinating testimony. Teachers cannot invoke questions and must answer direct questions related to their employment. Teachers can properly invoke the privilege in the appropriate forum, such as a criminal trial. || Not directly mention in the constitution, however the right to privacy is assumed to be an implied fundamental right. These would include personal choices such as procreation, marriage, family relations, child rearing, and activities in the home. The only time a district can interfere is when it actions distracts from performing school duties and responsibilities. ||
 * ~ Student's Constitutional Rights ||~ Teacher's Constitutional Rights ||
 * **STUDENT RECORDS & PRIVACY**
 * **FREEDOM FROM UNREASONABLE SEARCH & SEIZURE**
 * **PROTECTION OF PUPIL RIGHTS AMENDMENT**
 * **FREEDOM OF SPEECH/EXPRESSION** **Speech**
 * Dress Code**
 * **FREEDOM OF ASSOCIATION** Generally, freedom of association follows the same rules that freedom of speech follows. Schools can limit school groups if they create a disruption or present harm.
 * Students’ privacy rights in school are not equivalent to those of adults. Schools have more leeway in searching students than police do in searching citizens. Police search for “probable cause” or have sufficient exigent circumstances. Schools can search when they feel student has violated the law or school rules.When searching student’s things (such as locker) it is not expected to have the student there. It is however good practice to attempt to notify the student and let them be present for the search. || **FREEDOM FROM UNREASONABLE SEARCH & SEIZURE**
 * Drug tests- While allowing the drug testing of students who participate in competitive extracurricular activities, the courts have been unanimous in invalidating the drug test of the general student population. Some state supreme courts have ruled that their state constitutions provide students more search and seizure protection from drug testing than the federal constitution and have limited drugs urinalysis. Reason- it is a negligible intrusion on the student’s privacy, a privacy that is for maintaining a safe and orderly environment. || **URINALYSIS**
 * If parents or students find a course or part of a curriculum offensive, they often seek an exemption from the challenged course or exposure to the objectionable material. However, schools are not compelled to excuse student participation just because the family disagrees with or dislikes the ideas presented. || **ACADEMIC FREEDOM**
 * Because of the Fifth Amendment right against self-incrimination applies only to criminal proceedings, a student’s refusal to testify may be used against him or her in the disciplinary hearing. Students have the right to use counsel to the same extent that the school districts use counsel, especially when the proceedings may be complex and the potential penalty severe. || **SELF INCRIMINATION**
 * || **RIGHT TO PRIVACY**