2

Student Rights Handbook 7

Student Expression

The recent United States Supreme Court case, Tinker v. Des Moines Independent School District, 393 U.S. 503, (1969), affirmed the constitutional rights of students to freedom of expression. The court declared that "students

may not be confined to the expression of those sentiments that are officially approved." No expression of opinion may be prohibited unless school officials can make a reasonable forecast that the expression will cause a substantial disruption or a material interference with school activities.

Distribution of Literature, Leaflets and Newspapers

You may distribute printed materials adjacent to the school but off school grounds. The school may not discipline you for this activity.

Board of Education regulations require that you request authorization from the principal before distributing any material on school property. A request, with two copies of the material to be distributed, must be submitted to the principal at least two days before the time of distribution. Further, you must have the permission of the Superintendent of Schools before distributing any materials not written and signed by students.

Within the spirit of the Tinker decision, these regulations may be unconstitutional. Nevertheless, students should realize that a person who challenges a regulation on constitutional grounds is guilty unless a court declares that the regulation is illegal. It is often difficult to get a

8 Student Rights Handbook

case before a court so that the constitutionality of a regulation may be challenged. Before challenging any school regulation which you think is unconstitutional, you should consult an attorney.

Another way to deal with this problem is to request school officials to change these regulations so that your free speech rights are recognized. School officials should only be able to regulate the time and place of the distribution of written material so that a substantial disruption of school activities does not occur.

Symbolic Expression

You may wear political buttons, armbands, or other symbols of your beliefs so long as these symbols do not constitute a threat to the health and safety of other students or substantially disrupt the educational process.

3

Counseling

Tax money is used to place counselors in the schools to help you. You have the right, therefore, to demand assistance from the counselors.

Some counselors do not allow students to write their own course schedules. Many students are forced into the general course; but remember there are no general jobs. You should choose the courses which you feel are most relevant to your future life. Guidance counselors do not know as well as you do what information you want to learn and are capable of learning. If a counselor tells

Student Rights Handbook 9

you that you should not take a particular course, ask him to tell you his reasons. If you do not agree with those reasons, demand to take the course which you want. Above all, do not allow yourself to be pressured into taking a course which you do not want to take, unless that course is required for graduation for all students.

The counselor should have information about the alternatives available to you when you leave the school. The counselor should have information files on these alternatives. He should give you assistance on colleges, job possibilities, and the draft. You have a right to receive this information and assistance. If the counselor is not giving you the assistance which he is paid to give, you, your parents, and your friends should demand a counselor who will do the job properly.

The most important function a high school serves is to provide an avenue for students to the various alternatives they have for their future lives. Students should demand nothing less than the best and most complete information on what these alternatives are.

On some subjects, other organizations exist which will provide more complete information to the students than counselors will provide. If you cannot get the information you need from your counselor, contact the Student Rights Center (223-8228).

4

Physical Punishment

Section 3319.41 of the Ohio Code authorizes teachers,

10 Student Rights Handbook

principals or administrators to inflict reasonable physical punishment upon a student "whenever such punishment is reasonably necessary in order to preserve discipline while such pupil is subject to school authority." The right to administer physical punishment is thus a limited one. As the Board of Education has aptly noted, "authority derives from justice." (Student Rights and Responsibilities in the Dayton Public Schools, September, 1970.)

The punishment given must be reasonably necessary in order to preserve discipline. A teacher may not administer physical punishment merely because he does not like a student. Also, the punishment given to a student must be related to the student's act and to the reasons for the student's act. Physical punishment is not reasonably necessary if other means of controlling a student's behavior exist. In no event should physical punishment be given in anger.

The physical punishment given should be reasonable. Punishment which leaves serious marks or injures the student is not reasonable physical punishment.

You should question punishment which is not reasonably necessary in order to preserve discipline, or which is given for acts which you did not commit. You should demand to be taken immediately to the principal to explain the facts to him.

Many educators believe that corporal punishment is never reasonably necessary. Corporal punishment is being challenged in many communities across the country. Many have abolished this practice. If you have been given physical punishment which was unreasonable or unfair, you should contact an attorney or the Student Rights Center (223-8228).

5

Student Rights Handbook 11

Police In The Schools

There are two separate groups which serve a police function within the schools. First, there are the city and state police whose duty it is to enforce the law both within and outside school grounds. Second, there are private security forces who are employed by the school system to protect students, teachers, and staff from outsiders thought to be harmful within the school.

The police have the same powers within the school as they do on the street or anywhere else. The private security forces have more limited powers. They are employed to patrol the parking lots and guard the doors of the school. They are not employed to harass or intimidate students. Because the Board of Education employs this private security force, it is responsible for their conduct. If any member of this security force acts outside of his authority or harasses or intimidates students, the students should immediately report this to the principal and to the Board of Education. If no action is taken on the matter, the students should contact an attorney or the Student Rights Center (223-8228) so that further action can be taken.

Questioning By Police

Municipal police or court officials have the right to remove a student from school without his consent or that of his parent or guardian only after the student has been arrested. See the section on ARREST.