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Used by permission of  Campus Ministry Tools (http://www.campusministrytools.com/yourRightsOnCampus.htm)
 
Student Rights on Campus
Student Rights on Campus Separation of  Church & State
Student Rights on Campus Separation of  Church & State <ul><li>There is no such phrase in the constitution. </li></ul><ul>...
Student Rights on Campus Separation of  Church & State The Establishment Clause “ Congress shall make no law respecting an...
Student Rights on Campus <ul><li>Students have the right to Pray on campus </li></ul>Only…“ Official State composed prayer...
Student Rights on Campus 2.  Students have the Right to Meet together for Bible Study “ it shall be unlawful for any publi...
Student Rights on Campus The Equal Access Act The Equal Access Act -4071 (c)(4) * The Act was drafted to keep people from ...
Student Rights on Campus The Equal Access Act -4071 (a)(4) Does the Equal Access Act apply to every school?” <ul><li>if it...
Student Rights on Campus The Equal Access Act -1984 What is a “limited open forum?” <ul><li>Some places like parks are a “...
Student Rights on Campus The Equal Access Act -1984 Do all schools have a “limited open forum?” <ul><li>No. But most do. <...
Student Rights on Campus The Equal Access Act -1984 What is a non-curriculum related student club?” <ul><li>Any student me...
<ul><li>Does the public school usually  sponsor  an activity with this  subject  matter? </li></ul><ul><li>Does the school...
As long as the meeting does not  “ materially and substantially  interfere with the  orderly conduct  of educational activ...
The Equal Access Act -4071 (c)(4) Student Rights on Campus Can we talk about anything we want to?  <ul><ul><ul><ul><li>The...
Student Rights on Campus As long as the meeting does not “ materially and substantially interfere  with the orderly conduc...
Student Rights on Campus As long as the meeting does not “ materially and substantially interfere  with the orderly conduc...
Student Rights on Campus “ if the schools limited open forum includes non-student participation then non-student participa...
Student Rights on Campus “ non-school persons may not direct, conduct, control or regularly attend activities of student g...
Student Rights on Campus 3.  Students have the Right to Carry and read their Bible  on Campus Students may carry and read ...
Student Rights on Campus 4.  Students have the Right to Have Religious Services. The Supreme Court reinstates a US Distric...
Student Rights on Campus 5.  Students have the Right to Be excused. Public students cannot be forced to participate in act...
Student Rights on Campus 6.  Schools may Accommodate students religious needs. Students may be released during the school ...
Student Rights on Campus 7.  Students may engage in controversial Speech. They may discuss controversial topics concerning...
Student Rights on Campus 8.  Students Have the right to Distribute Literature <ul><li>Students Have  the right to wear Chr...
Student Rights on Campus 10.  Students do not shed their Constitutional Rights at the Doors of their School Both teachers ...
Student Rights on Campus You are an American. The Establishment Clause “ Congress shall make no law respecting an establis...
Student Rights on Campus You are an American. The First Amendment gives you… Freedom of  Religion Freedom of  Speech Freed...
Student Rights on Campus You are an American. Freedom of  Religion Freedom of  Speech Freedom of  Press Freedom of  Assemb...
Student Rights on Campus Campus websites: www.reachthecampus.com www.gocampus.org www.everyschool.com
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S T U D E N T S R I G H T S 1

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William Allan Kritsonis, PhD
Educational Law Series - Students Rights

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Transcript of "S T U D E N T S R I G H T S 1"

  1. 2. Used by permission of Campus Ministry Tools (http://www.campusministrytools.com/yourRightsOnCampus.htm)
  2. 4. Student Rights on Campus
  3. 5. Student Rights on Campus Separation of Church & State
  4. 6. Student Rights on Campus Separation of Church & State <ul><li>There is no such phrase in the constitution. </li></ul><ul><li>It was in a personal letter from President Thomas Jefferson to a small Baptist church in 1802. (Danbury, Connecticut) </li></ul>
  5. 7. Student Rights on Campus Separation of Church & State The Establishment Clause “ Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble …” 1791 The First Amendment of the U.S. Constitution
  6. 8. Student Rights on Campus <ul><li>Students have the right to Pray on campus </li></ul>Only…“ Official State composed prayers are excluded from the school.” Engle v. Vitale 1962 . & Bender v. Williamsport Area School District 1986. (Supreme Court Decision)
  7. 9. Student Rights on Campus 2. Students have the Right to Meet together for Bible Study “ it shall be unlawful for any public secondary school… to deny Equal Access… to any students who wish to conduct a meeting… on the basis of the religious…content at such meetings.” The Equal Access Act -1984 .
  8. 10. Student Rights on Campus The Equal Access Act The Equal Access Act -4071 (c)(4) * The Act was drafted to keep people from violating the Establishment Clause of the US Constitution. *Congress recognized that the state should not promote religion. *However, the Equal Access Act doesn’t promote religious activity, rather it gives it neutral treatment.
  9. 11. Student Rights on Campus The Equal Access Act -4071 (a)(4) Does the Equal Access Act apply to every school?” <ul><li>if it’s a secondary school </li></ul><ul><li>if it receives Federal funding </li></ul><ul><li>if has a “ limited open forum ” </li></ul>The Equal Access Act
  10. 12. Student Rights on Campus The Equal Access Act -1984 What is a “limited open forum?” <ul><li>Some places like parks are a “completely open forum” </li></ul><ul><li>Schools have a created an open forum for a particular group of people – Students. </li></ul>The Equal Access Act
  11. 13. Student Rights on Campus The Equal Access Act -1984 Do all schools have a “limited open forum?” <ul><li>No. But most do. </li></ul><ul><li>If any non-curriculum student groups are allowed to meet then the Equal Access Act is triggered. </li></ul>The Equal Access Act
  12. 14. Student Rights on Campus The Equal Access Act -1984 What is a non-curriculum related student club?” <ul><li>Any student meeting that is not directly related to a class. </li></ul>The Equal Access Act
  13. 15. <ul><li>Does the public school usually sponsor an activity with this subject matter? </li></ul><ul><li>Does the school require or directly encourage student participation in such a group in connection with curricular course work? </li></ul>Student Rights on Campus The Equal Access Act -1984 Congress used these 2 questions to determine whether a student meeting was curriculum related: The Equal Access Act
  14. 16. As long as the meeting does not “ materially and substantially interfere with the orderly conduct of educational activities within the school.” The Equal Access Act -4071 (c)(4) Student Rights on Campus Does that mean that anybody can meet? <ul><ul><ul><ul><li>any beliefs </li></ul></ul></ul></ul><ul><ul><ul><ul><li>any size </li></ul></ul></ul></ul>The Equal Access Act
  15. 17. The Equal Access Act -4071 (c)(4) Student Rights on Campus Can we talk about anything we want to? <ul><ul><ul><ul><li>The school does not need to concern itself with the content of the religious speech – only whether the speech: </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Is illegal </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Threatens the well-being of teachers or students </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Is not voluntary </li></ul></ul></ul></ul><ul><ul><ul><ul><li>Materially & substantially interferes with the orderly conduct of education al activities within the school </li></ul></ul></ul></ul>The Equal Access Act
  16. 18. Student Rights on Campus As long as the meeting does not “ materially and substantially interfere with the orderly conduct of educational activities within the school.” The Equal Access Act -4071 (c)(4) What about the KKK and other Anarchy type groups? The Equal Access Act
  17. 19. Student Rights on Campus As long as the meeting does not “ materially and substantially interfere with the orderly conduct of educational activities within the school.” The Equal Access Act -4071 (c)(4) <ul><li>What about gay & lesbian groups? </li></ul><ul><li>What about wiccan? </li></ul>The Equal Access Act
  18. 20. Student Rights on Campus “ if the schools limited open forum includes non-student participation then non-student participation must be permitted for all such student groups.” Student Coalition for Peace v. Lower Merion School District 1985. What about non-school persons? The Equal Access Act
  19. 21. Student Rights on Campus “ non-school persons may not direct, conduct, control or regularly attend activities of student groups.” The Equal Access Act -4071 (c)(5) What about non-school persons? The Equal Access Act
  20. 22. Student Rights on Campus 3. Students have the Right to Carry and read their Bible on Campus Students may carry and read their Bible at school. The Equal Access Act 1984 .
  21. 23. Student Rights on Campus 4. Students have the Right to Have Religious Services. The Supreme Court reinstates a US District Court decision that allowed public H.S. students to meet during an activity period for prayer, Bible Study and religious discussion during the school day on campus. Bender v. Williamsport Area School District 1986. (Supreme Court Decision)
  22. 24. Student Rights on Campus 5. Students have the Right to Be excused. Public students cannot be forced to participate in activities that violate their religious convictions . West Virginia Board of Education vs. Barnette. 1943 .
  23. 25. Student Rights on Campus 6. Schools may Accommodate students religious needs. Students may be released during the school day to receive religious instruction off campus. Called “Release time education.” (Varies state to state) Zorach v. Clauson 1952.
  24. 26. Student Rights on Campus 7. Students may engage in controversial Speech. They may discuss controversial topics concerning religious, political and philosophical viewpoints. Healy v. James 1972.
  25. 27. Student Rights on Campus 8. Students Have the right to Distribute Literature <ul><li>Students Have the right to wear Christian T-shirts </li></ul>Tinker v. Des Moines 1969 The school may impose restrictions in these areas but they must be the same for both religious and non-religious content.
  26. 28. Student Rights on Campus 10. Students do not shed their Constitutional Rights at the Doors of their School Both teachers and students retain their First Amendment rights while on school grounds. Tinker v. Des Moines Independent School District. 1969
  27. 29. Student Rights on Campus You are an American. The Establishment Clause “ Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press ; or the right of the people peaceably to assemble …” 1791. The First Amendment of the U.S. Constitution
  28. 30. Student Rights on Campus You are an American. The First Amendment gives you… Freedom of Religion Freedom of Speech Freedom of Press Freedom of Assembly Freedom of Redress
  29. 31. Student Rights on Campus You are an American. Freedom of Religion Freedom of Speech Freedom of Press Freedom of Assembly Go Express Yourself!
  30. 32. Student Rights on Campus Campus websites: www.reachthecampus.com www.gocampus.org www.everyschool.com
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