Изображения страниц
PDF
EPUB

Student Rights Handbook 17

at a school shall engage in hazing or commit an act which injures, degrades, or disgraces a fellow student or person attending such school. Violators may be fined up to $200.00, or imprisoned up to six months, or both. Section 2901.21 provides that no teacher or other person in charge of a school shall knowingly permit hazing or attempts to haze, frighten, degrade, or disgrace a person attending such school. Violators may be fined up to $100.00.

8

Right To An Education

Every student has the constitutional right to an education. As the Supreme Court of the United States has stated, "Where the state has undertaken to provide it (an education), (it) is a right which must be available to all on equal terms." (Emphasis added.) Brown v. Board of Education, 347 U.S. 483, 493 (1954). The dimensions of this right are still unclear. However students, as the consumers of education, should demand that the education to which they have a right be a reality.

The Dayton Board of Education has made a general statement on student involvement in educational policy. "Students should have a voice in the formulation of school policies and decisions which affect their education and lives as students. Through such participation, students can be a powerful resource for the improvement of the school, the educational system and the community." Students should accept the Board's challenge.

18 Student Rights Handbook

Students might organize action groups, composed of students and parents within a particular school, both to attempt to improve the quality of education within the school and to formulate new school policies where these are necessary.

The following are only a few of the many possible actions which might be taken.

1. Schools are supposed to teach students how to live in the world in which they are growing up. Thus, the school curriculum should be relevant to the particular interests and needs of the students within the school. If this is not the case, students should demand appropriate changes in the curriculum so that these interests and needs will be met.

2. No group is more capable of evaluating the quality of teachers than the students who must listen to them every day. Students should work to implement a system in which all teachers are evaluated by their students and where these evaluations are considered in the decision of whether or not to rehire a teacher.

3. In many schools textbooks and machines are used which are outdated. Look inside the cover of your textbooks to see in what year the book was published. If it is more than five or ten years old, ask your teachers and your principal why they are teaching you from this outdated book.

4. No student should be forced to take a course which one does not want to take or does not feel is in one's best interests. To be forced to take one set of courses rather than another can mean, for example, that a student will not be able to gain admittance to college. Students should demand the right to take those courses which they feel are in their best interests. It is, after all, students who must live with the consequences of these choices, rather than guidance counselors or other school

Student Rights Handbook 19

officials.

5. Students and their parents or guardians should have the right to inspect all school records which pertain to the student. Further, students and their parents or guardians should demand that all records which are untrue be removed from the student's file. At the present time, teachers or other school officials can place any statement, whether true or false, on your record, without you or your parents or guardians ever knowing that it exists. These false and damaging records can then follow you around for the rest of your career in the schools, and the effects of them can continue for the rest of your life.

These are only a few of the many changes which students might demand. Further assistance in changing these and other conditions in the schools can be obtained from the Student Rights Center (223-8228). Students will have their right to an education implemented only when they demand it.

59-411 O 71 pt. 13-13

20 Student Rights Handbook

9

Arrests

What Is An Arrest?

A policeman does not have to say "You are under arrest" in order for an arrest to take place. Any loss of freedom, any indication that the policeman is taking custody of you, as for example his grabbing your arm, should be treated as an arrest.

An arrest without a warrant is legal if a policeman has reason to believe that any crime is being committed in his presence or that the person arrested has committed at any place a serious crime (felony). Whether any arrest, with or without a warrant, is legal, is a technical question of law which can only be answered in a court. Thus, it is important that any "arrest" not be resisted. No matter what you think happened, the judge will almost invariably believe what the policeman says happened. Further, even if your arrest was ruled illegal, it would still be a crime to resist it.

What Are Your Rights?

When you have been taken into custody, there are two important rights which you always have, no matter what the situation. First, you have the right, which you should always exercise, to remain silent, since anything you say may be used against you in a future criminal prosecution. Second, even if you are only being detained for “custodial interrogation," you have the right to the assistance of counsel. Further, if you cannot afford to hire an attorney, the state is required to appoint one for you.

Student Rights Handbook 21

When you have been arrested, since you are frightened, you might be tempted to talk to the police. The police may pretend to be friendly, encouraging you to talk, or they may threaten you with all sorts of terrible things unless you talk. Do not give in to temptation; DON'T TALK! The more you talk to a policeman, the more likely it is that you will admit something which is incriminating. Since you have no idea what information he is looking for, it will not usually pay to be evasive. The Fifth Amendment to the Constitution of the United States gives you the absolute right to remain silent. Exercise it.

The police may also threaten or cajole you to try to get you to sign a waiver of constitutional rights form. Regardless of what the police tell you, never sign any form which waives your constitutional rights. Demand that your parents be notified and present and that an attorney be appointed to represent you. Until you have spoken to your attorney, you need not give the police any information other than your name, your address, your age and your occupation. It is useful to give this limited information to facilitate your release from custody. Arrest Checklist

1. You can safely tell the police your name, your address, your age and your occupation. Except for this, remain silent.

2. When you are arrested, there is a tendency, because you are scared, to "freeze-up" and not notice your surroundings. Try to remain calm and take careful note of the circumstances of your arrest. For example, who witnessed the arrest? People who saw your arrest may be very important witnesses for you at a future time. What is the badge or car number of the police who arrested you? What are the facts which led up to the arrest? Do

« ПредыдущаяПродолжить »