Please Copy
These Pages And Pass Them On To Other Students.
A HANDBOOK ON STUDENT RIGHTS AND RESPONSIBILITIES
WITH AN EMPHASIS ON
A Summary of
Your Educational Rights While at School
A Clear,
Documented Resource for Student Safety and Well-Being
STUDENT RIGHTS QUESTIONS
If You Answer “Yes” To Any Of The Following Questions, Your
Student Rights Have Been Violated And Our Handbook Could Be Helpful To You.
HAVE YOU OR OTHER STUDENTS
EVER:
1. Had A Teacher Embarrass You In Front Of The Class?
2. Lost Points, Grades Or
Credits When Legally Absent?
3. Served Detention During Lunch Or On Saturday?
4. Had A Teacher Leave The Classroom For Long Periods Of
Time?
5. Had Your Grades Discussed Publicly In Class?
6. Been Required To Ride The Bus To A Game And Then
Forced To Pay For That Ride?
A “Yes” To These Questions
Also Means That Your Student Rights Have Been Violated.
HAVE YOU OR OTHER STUDENTS
EVER:
7. Been Told That You Could Not Go To The
Bathroom?
8. Been Denied Entrance To
School Bathrooms For Long Periods Of Time?
9. Been Locked Out Of Class During
Class?
10. Been Required To Make Up Tests At
Lunch?
11. Been Disciplined Or Suspended For Wearing Hats When
Outside Of The Classroom?
12. Been Required To Pay For Parking Spaces, For Supplies,
For Program Changes Or For Student-Body Cards Before
You Could Participate In Extra-Curricular Activities?
More “Yes” Answers Mean More
Violations.
HAVE YOU OR OTHER STUDENTS
EVER:
13. Been Punished For Expressing Your Opinion In Class?
14. Been Told That Your Grades Could Not Be Changed?
15. Been Suspended For Tardies Or
Cutting?
16. Been hazed at school? [Physically harmed or personally
degraded which resulted in physical or mental harm.]
17. Been Sexually Harassed At School?
18. Been Harassed For Being Gay Or
Lesbian?
If Your Answers Continue To Be
“Yes”, Your Rights Continue To Be Violated.
HAVE YOU OR OTHER STUDENTS
EVER:
19. Been Given Laps Or Pushups As
Punishment?
20. Had Administrators Make Up School Rules Without Asking
For Student Opinions?
21. Been Stopped From Passing Out
Petitions?
22. Been Suspended Without First Receiving A Conference To Explain Your Side?
23. Been Prohibited From Publishing A
Controversial Article, An Alternative Newspaper, An Underground Newspaper Or
From Soliciting Money For An Underground Newspaper?
24. Been Denied The Right To Have A Cell Phone While At
School Or At A School Activity?
For Help On
These Questions And To Learn How To Protect Your Student Rights While At
School,
Contact
boyerpa@pacbell.net
510-499-6712
LEGAL CITATIONS FOR THE QUESTIONS ASKED:
See http://leginfo.ca.gov for
full legal text
1. P.C. 273a
2. E.C. 48205
3. C.C.R. Title 5. Sec. 304 & 352
4. Castro vs.
5.
E.C. 49061 - 49077;
6.
CA Department of Education
Legal Memo, 1992
7.
8.
9.
CA Supreme Court: Ward, 1874,
Serrano, 1976; U. S Supreme Court Decisions: Brown, 1954, Tinker, 1969, Goss, 1975, Wood, 1975; Federal and State
Constitutions; CA Court:
10. C.C.R. Title 5. Sec. 304 & 352
11. S.B. 310, 10/01; S.B. 1632, 8/02; E.C. 35183.5
12. Ward vs. Flood, CA Supreme Court, 1874; Hartzell vs.
Connell, California Supreme Court, 1984; State Constitution, Title 5, Sec. 350
13. Castro, 9
14. E.C. 49066
15. E.C. 48900 u
16. E.C. 32050 and E.C. 48900
17. Contra Costa Superior Court,
18. Nabozny vs. Podlesny, 7th Circuit,
19. E.C. 49000 and
49001; Program Advisory CA Department Of Education, CIL: 88/9-5,
20. E.C. 35291.5; State Department of Education Handbook
on Student Rights, 1980, p. 14
21. Constitutional Right to Assemble and Petition, 1776;
Tinker, U.S. Supreme Court, 1969; Hazelwood, U. S. Supreme Court 1/88; E.C. 48907
22. Goss vs.
23. Burnside, F. 2d, 1966; Baker, 307 F. Supp, 1969;
Tinker, U.S. Supreme Court, 1969; Sullivan, 307 F. Supp., 1969; Scoville, 7th Circuit, 1970;
Bright, Cal. 3d, Cal Rptr., 1976; CA State Department of Education Handbook on
Student Rights, 1986, p. 15 and 16
24. S.B. 1253,
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