QUESTIONS THAT VIOLATE YOUR STUDENT RIGHTS

 

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 Caps And Gowns, For Locks Or Lockers, For A. P. Tests, For P. E. And Team Uniforms, For Class Supplies, For Instruments, 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? 

 

 

LEGAL CITATIONS FOR THE QUESTIONS ASKED

 

§  See http://leginfo.legislature.ca.gov/

§  California Law, Education Code EDC, Expand All

 

1.     P.C. 273a

2.     E.C. 48205

3.     C.C.R. Title 5. Sec. 304 & 352

 

4.     Castro vs. L.A. Board of Education, 1976

5.     E.C. 49061 - 49077; California State Supreme Court, White, 13 Cal. 3d. 1975

6.     California Department of Education Legal Memo, 1992

 

7.     E.C. 49000, 49001; A.B. 1617 1069, 1/87

8.     E.C. 49000, 49001; Code of CA Reg. Uniform Building Code, Title 24, S. 805; State Dpt. Edu., 916-322-1463

9.     California 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: Wysinger, CA State Department Handbook on Student Rights, 1986, pp. 2-3

 

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 Cal. App. 3d, 941, 942

14.  E.C. 49066

15.  E.C. 48900 u

 

16.  E.C. 48900 and P. C. 245.6

17.  Contra Costa Superior Court, 12/13/96; Loomis vs. Visalia, Federal Court, 8/13/03; Flores vs. Morgan Hill, 9th Circuit, 4/03

18.  Nabozny vs. Podlesny, 7th Circuit, Wisconsin, 1996; Henkle vs. Washoe County, 8/25/02; Loomis vs. Visalia, 8/02; Flores vs. Morgan Hill, 9th Circuit, 4/03

 

19.  E.C. 49000 and 49001; Program Advisory CA Department Of Education, CIL: 88/9-5, 12/23/88; Law in the School 6th Edition, 8/00, p. 43

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. Lopez, U.S. Supreme Court; Montoya, 502 F. Supp. 209 CA, 1980; E.C. 48910, E.C. 48911

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, 8/28/02; E.C. 48901.5

 

 

For Help On These Questions, To Learn How To Protect Your Student Rights While At School Or

 

To Order  

 

a handbook on student rights and responsibilities

with an emphasis on California law

 

Contact

Boyer P. August, Ed. D., M. S.

boyerpa@pacbell.net

510-499-6712

 

Free, K-12, Student Rights, Educational Help Since 1975

 

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