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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 ,[object Object],[object Object]
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
Student Rights on Campus ,[object Object],Only…“ Official State composed prayers are excluded from the school.” Engle v. Vitale  1962 . &  Bender v. Williamsport Area School District  1986.  (Supreme Court Decision)
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 .
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.
Student Rights on Campus The Equal Access Act -4071 (a)(4) Does the Equal Access Act apply to every school?” ,[object Object],[object Object],[object Object],The Equal Access Act
Student Rights on Campus The Equal Access Act -1984 What is a “limited open forum?” ,[object Object],[object Object],The Equal Access Act
Student Rights on Campus The Equal Access Act -1984 Do all schools have a “limited open forum?” ,[object Object],[object Object],The Equal Access Act
Student Rights on Campus The Equal Access Act -1984 What is a non-curriculum related student club?” ,[object Object],The Equal Access Act
[object Object],[object Object],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
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? ,[object Object],[object Object],The Equal Access Act
The Equal Access Act -4071 (c)(4) Student Rights on Campus Can we talk about anything we want to?  ,[object Object],[object Object],[object Object],[object Object],[object Object],The Equal Access Act
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
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) ,[object Object],[object Object],The Equal Access Act
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
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
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 .
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)
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 .
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.
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.
Student Rights on Campus 8.  Students Have the right to Distribute Literature ,[object Object],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.
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
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
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
Student Rights on Campus You are an American. Freedom of  Religion Freedom of  Speech Freedom of  Press Freedom of  Assembly Go Express Yourself!
Student Rights on Campus Campus websites: www.reachthecampus.com www.gocampus.org www.everyschool.com

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Students Rights 1 - School Law - Dr. W.A. Kritsonis

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  • 2. Used by permission of Campus Ministry Tools (http://www.campusministrytools.com/yourRightsOnCampus.htm)
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  • 5. Student Rights on Campus Separation of Church & State
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  • 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
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  • 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 .
  • 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.
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  • 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
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  • 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
  • 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
  • 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 .
  • 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)
  • 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 .
  • 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.
  • 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.
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  • 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
  • 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
  • 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
  • 31. Student Rights on Campus You are an American. Freedom of Religion Freedom of Speech Freedom of Press Freedom of Assembly Go Express Yourself!
  • 32. Student Rights on Campus Campus websites: www.reachthecampus.com www.gocampus.org www.everyschool.com

Editor's Notes

  1. (370 US 421)
  2. Upheld by the Supreme Court in Bender v. Williamsport Area School District 106 S Ct 1326 (1986) The Supreme Court effectively reinstated a US District Court Decision permitting HS Students to meet together during a student activity period for the purpose of prayer, Bible Study and religious discussion. (Bender vs Williamsport Area School District 106 S Ct. 106) 1986
  3. The Equal Access Act -4071 (d)(5) The Equal Access Act -4071 (c)(4) The Equal Access Act -4071 (f) Id.
  4. Tinker v. Widmar 1969. Held that students have the right to hold political views but that schools retain the right to maintain discipline and safety within the school.
  5. Student Coalition for Peace v Lower Merion School District 1985.
  6. 319 US 624 (1943)
  7. 343 US 306
  8. 343 US 306
  9. 408 US 196
  10. 408 US 196