STUDENT'S RIGHTS AND RESPONSIBILITIES

Student's Rights and Responsibilities

Chapter 7 & 9 Assignment Submission ( Portfolio Artifact # 4)

Sarah Kerschgens

EDU 210 Nevada School Law

Dr. Dale Warby

February 20, 2018

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A case has to be decided between a young student Bill Foster and his large

High School in the Northeastern part of the US. Bill wore an earring to school, as a teenager

he was trying to find ways to impress the girls and as a means of self-expression.

Unfortunately what he did not think about was that all forms of jewelry , emblems, earrings

and athletic caps had been recently prohibited by the school due to increased gang behavior.

Bill Foster did not belong to any gang but was still suspended from school for violating school

policy.

The definition of student's right and responsibilities according to student rules.edu are:

“A student has the responsibility to respect the rights and property of others, including other

student, the faculty and the University officials. A student has the responsibility to be fully

acquainted with the published University Student Rules and to comply with them, as well as

federal, state and school laws”. So yes Bill had the to inform himself of school policies.

Ignorance is not a tangible excuse for his behavior

But also the school has responsibilities regarding Suspension and this requires Due Process.

The school must give Bill oral or written notice of the charges, an opportunity to explain, deny

or admit to the charges and thirdly a decision is to be based on the merits of the situation. And

whether wearing an earring is merited that is yet to be decided.

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In favor of Bill's suspension from school is the fact that the school had a policy

explicitly prohibiting the all forms of jewelry , emblems, earrings and athletic caps. As with

the case Canady v. Bossier Parish School Board. In this case the school decided to implement

a mandatory uniform policy, as they believed this would improve the educational process by

reducing disciplinary problems. Here parent's sued the school claiming it was censoring. The

judges ruled in a 3-0 decision that wearing a school uniform was a constitutional means for

the school officials to improve the educational process with the reasoning “Although students

are restricted by what they wear at school, they still remain free to wear what they want after

school hours”. The same can be said of this case; Bill is free to wear earrings outside of

school, can impress the girls outside of school and explore his ways of self-expression after

hours.

Also in favor of the school is that the school has an interest in maintaining decorum

and in preventing the creation of an environment in which learning may be impeded. As with

the case Henerey v. City of Saint Charles , here a high school student while campaigning for

school elections, handed out condoms. Here Henerey had not asked for prior approval from

the school and the courts ruled in the schools favor, Henerey should have obtained prior

approval. As in the case with Bill Foster, he should have asked for permission if he was

planning on going against school policy by wearing an earring.

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In Bill Fosters favor is the fact that he only wore one earring, was not part of a

gang and was not intent on causing a commotion or disruption. The case Burnside v. Byers

clearly showed that while some students wore “freedom buttons” to protest against racial

segregation , the court found that by doing this there was no evidence that the buttons would

have caused a substantial disruption and the majority found that school officials cannot ignore

expressions of feeling with which they do not wish to contend. They cannot infringe on their

students' right to free and unrestricted expression.

Also in favor of Foster is the ruling Chambers v. Babbitt. Here a young student ,

attended classes wearing a sweatshirt with the words “Straight Pride on it and a symbol of a

man and woman holding hands, administrators were notified that certain students were

offended by this. The school tried to prohibit the student from wearing the sweatshirt but the

courts ruled that unless the school has reasonable belief that the message will substantially

interfere with the work of the school, it cannot sensor a message purely because some students

may find it offensive. Here is also the case , Foster wearing an earring cannot substantially

affect the running of the school, or disrupt students from learning.

In conclusion, I do not find that the school has the right to suspend Bill Foster.

The school has the responsibility to ensure that Foster is educated in an environment open to

diversity, and to educate and support its students as they confront ideas different from the
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school officials own. If Foster had been a young lady she would not have been suspended for

wearing an earring or two!. The constitutional implications are important and must prevail

under all circumstances. The First Amendment protects all forms of expression , not only

verbal communication. Even forms of dress can be symbolic speech.

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STUDENT'S RIGHTS AND RESONSIBILITIES

REFERENCES

Canady v. Bossier Parish Church School Board, 240F 3.d 437 (2001)

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1690

Retrieved February 13, 2018

Henerey v. City of St.Charles, 200 F.3d 1128 (1999)

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1684

Retrieved February 13, 2018

Burnside v. Byars, 363 F.2d 744 (1966)

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1658

Retrieved February 13, 2018

Chambers v Babbit, 145 F. Supp. 2D 1068 (2001)

http://www.firstamendmentschools.org/freedoms/case.aspx?id=1691

Retrieved February 13, 2018

Student's Rights and Responsibilities Definition

student-rules.tamu.edu/rights

Retrieved February 13, 2018