12 Student Rights Handbook Under some circumstances, particularly when investigating a crime committed on school grounds, police authorities may question students within the school. The Constitution fully protects the student's right to remain silent at all times. Anything which a student says may be used in a future prosecution against the student. A student may give his name, his address, his age, and the reason for his presence within the school. However, the student should absolutely refuse to answer any further questions without having first consulted an attorney. The police and the school officials may well try to be friendly toward the student, as if the questioning was not important, or make threats toward the student. Do not be misled. DON'T TALK! Questioning By Private Security Forces Private security forces may question students when they are performing the duties for which they were hired. A student who is in the parking lot or is coming into the school at an unusual time should answer questions only to the extent of explaining the reasons for his presence at that particular place. If the questioning continues, or if the private security forces attempt to ask questions in any other situation, the student should demand to be taken immediately to the principal's office. At this point, private security forces have no reason to ask any further questions. REMEMBER: You have the right to remain silent; anything you say may be used against you. Searches If you have been arrested, police have the right to search Student Rights Handbook 13 you are carrying a concealed weapon. These are the only situations in which police may search your person without your consent. Further, school officials do not have the authority to consent to a search of your person in your behalf. It is the Board of Education's policy that "When (the) search of the student's person or personal effects is for evidence of a violation of school regulations and not for evidence of a crime per se, such search is permissible without consent... "A court might disagree with this policy. However, in most cases it is wise not to resist a search of this nature, since school officials will make trouble for you in other ways if you do. It is the Board of Education's policy that evidence obtained in a search on this theory may not be used in any subsequent criminal prosecution or juvenile court hearing. It is possible that evidence obtained when school officials search your locker may be used against you. Therefore, you should never carry on your person or keep in your locker any object which you would not wish to show to a school official or police officer. Above all, you should not resist an illegal search beyond a statement that it is a violation of your rights, since active resistance will cause you more trouble. Marriage 6 Marriage And Pregnancy A married student may continue to attend school under 14 Student Rights Handbook the same conditions as any other student. The state of marriage does not excuse a student from compulsory school attendance. Pregnancy According to the current policy of the Pupil Personnel Office, "A married or unmarried girl who becomes pregnant must withdraw from the regular day school program upon knowledge of pregnancy. This withdrawal is required as a protection of the health of the student." This policy is contrary to a recent Attorney General's opinion. In OAG 68-061, the Attorney General of the State of Ohio ruled that a board of education may not exclude from school an unmarried pregnant student, unless school attendance would be detrimental to her physical safety and well being. The determination of whether school attendance would be detrimental to a pregnant student's physical safety and well being must be made upon an individual basis. This is a medical decision rather than an administrative one. Consequently, if a principal attempts to exclude a pregnant student and the student feels that her continued school attendance would not be "detrimental to her physical safety and well being," she should demand that the determination be based upon a physical examination and a report by a physician. A statement from a doctor in behalf of the student's position would be helpful in securing the student's continued attendance in school. The Pupil Personnel Office has adopted the following policy with regard to students whom the school officials believe to be pregnant but who deny that they are pregnant. "The School may insist upon a physical examination and a report by a physician of a student believed to be pregnant but who denies she is pregnant, such examination and negative report to be a condition of her Student Rights Handbook 15 remaining in school." This policy is of very questionable legality. The administration cannot exclude a student merely because of her pregnancy, but only when her continued "school attendance would be detrimental to her physical safety and well being." The student, particularly if she is not pregnant, should demand that this medical examination be given at Board of Education expense. The Pupil Personnel Office has adopted several policies in order to attempt to provide continued education for pregnant students. For one thing, "A student whose pregnancy occurs or is discovered during the last grading period of a semester and whose classroom work is passing may be given homework assignments and a final examination, the completion of which shall enter into the determination of six week grades." If the exclusion because of pregnancy does not occur during the last grading period of a semester, a pregnant student has two alternatives, depending upon her age. If she is 16 years of age or older, she may enter the Dayton Night High School free of charge. For those pregnant students under 16 years of age, the School Board has adopted the following policy: "Upon application by the parent and the recommendation of a physician, a pregnant girl under 16 years of age may receive home instruction for the completion of the semester under the following conditions: (a) student is making satisfactory progress in her classroom work; (b) a home teacher is available." Separating pregnant students from other students violates the pregnant student's right to equal protection of the laws. Further, concern for the "protection of the health of the student" is lacking when the student is compelled to attend night high school to secure the education to which she has a right. This sounds like another case of "separate but equal" education. 16 Student Rights Handbook In any event, a student-mother, whether married or unmarried, may return to her regular school in her regular program in the semester following the birth of her child. No student may be excluded from the regular day school program because she is a mother. 7 Verbal Abuse Of Students Some teachers and school officials insist upon calling students "dumb," or other derogatory terms. This must be stopped. Students have the right to be free from the psychological damage which comes from verbal abuse. "Dumb," for example, should be applied only to those students who lack the power of speech, and then not in a derogatory manner. When a teacher calls a student "dumb," or any other dehumanizing word, the student should immediately make a complaint to the principal, as well as inform his parents of the incident. If the principal does not act upon the matter (at a minimum, an apology would be appropriate) the complaint should then be brought to the attention of the superintendent's office or the Board of Education. If no action is taken at this level, or if the verbal abuse continues, the student should contact an attorney or the Student Rights Center (223-8228) to consider further action. Further, the provisions of Sections 2901.20, and 2901.21 of the Ohio Code may be applicable. Section 2901.20 provides that no student or person in attendance |