Teacher and Student rights have been evolving ever since the 60’s and 70’s. Prior to this, teachers substituted as the students’ parents while they at school, “en loco parentis”. Now, teachers have been restricted from laying a single hand on students or even saying anything that may offend them. In addition to strict regulations for teachers, they also implemented more limitations on students. Although I don’t think that teachers or students should be allowed to say and do whatever they please, there are some laws that need to be changed. The success of the students have a lot to do with the environment of the classroom and allowing the students and teachers to have freedom of speech, a healthy relationship, and getting rid of the zero tolerance rule will create an environment that is best for student learning and prosper. Freedom of speech is why we have intelligent and intellectual conversations. This is how we come up with great ideas and learn about new things. Although the teacher’s views clash with a student’s belief, there is no reason he or she should not be able to express them. This would create an environment that would allow students to express their individuality. For example, in the Tinker case students were suspended for wearing black armbands to protest the Vietnam War. How do you suspend someone for promoting world peace? Unless these students are going around campus and putting flyers and causing a riot then their is no need to suspend them. People disagree all the time. Especially in academic settings, do we take their freedom of speech? No, they agree in what they believe and if they decide to change their views they do and if not they move on with their lives. There is no need for a ... ... middle of paper ... ...sues he was there to help; which me made more app to learn and listen to what he had to say. He also had a great relationship with my parents. These laws completely limits the teacher’s teaching capabilities and the student’s learning environment; which why some changes need to be made. The right to voice our opinion should not be limited because it is different from someone elses belief. Although we should voice them, we should do so in a respectful manner. In addition, outside teacher-students educational relationship is also something that imperative for positive classroom environment. With all these laws, I would find it very difficult to teach to my fullest extent; especially with the zero tolerance rule. Learning is something that goes beyond the textbook. It’s what the students see and what they experience and having such strict laws really limits them.
The Bill of Rights was crafted in 1791 by James Madison. It was put in place to protect the rights of all people within the borders of the United States when it is applied by the government. It is a very important document that means a lot in the hearts of Americans.
The case also states “A prohibition against expression of opinion, without any evidence that the rule is necessary to avoid substantial interference with school discipline or the rights of others, is not permissible under the First and Fourteenth Amendments” (Tinker v. Des Moines Independent Community School District). Because the students didn 't necessarily disrupt the education process, their First Amendment freedom of speech should not have been violated by the school officials.
The First Amendment of the United States gives citizens the five main rights to freedom. Freedom of speech is one of the rights. If people did not have the freedom of speech there would be no way of expressing one’s self and no way to show individuality between beliefs. This Amendment becomes one of the issues in the Tinker v. Des Moines Independent Community School District Supreme Court case that happened in December of 1969. In the case of Tinker v. Des Moines there were five students that got suspended for wearing armbands to protest the Government’s policy in Vietnam. Wearing these armbands was letting the students express their beliefs peacefully. Many people would consider that the school did not have the authority to suspend these petitioners because of the First and Fourteenth Amendments of the United States Constitution.
If you did not know, the zero tolerance policy is when students break school behavior rules and strict regulations created by the district or school and get severe consequences for it. Carla Amurao, the author of the article, “Fact Sheet: How Bad Is the School-to-Prison Pipeline?”, stated that “statistics reflect that these policies disproportionately target students of color”. Students of color are being affected so badly by this policy, that statistics show black students are 3 times more likely to get expelled than white students. Since these students are being expelled or arrested for breaking zero tolerance policy rules, they are missing valuable information in classes due to court hearings. But, some people argue that the zero tolerance policy is unfair to all students, making the education system equal for all to succeed. For example, a “2007 study by the Advancement Project and the Power U Center for Social Change says that for every 100 students who were suspended, 15 were Black, 7.9 were American Indian, 6.8 were Latino and 4.8 were white”. As you can see, the zero tolerance policy affects all races, making them miss their education because of certain consequences. Because the mindset of these people is that, if the zero-tolerance policy does not affect just one race or group of people, then the education system
Today, there are student laws regarding disruption that were brought about because of the court case (Sternburg). If what is said is not disruptive in the classroom, create chaos, or invade other 's rights, it is considered acceptable (McPherson 86). The students involved in the Tinker case were lucky since they were protected because they were not disruptive, nor was there offensive speech (“Tinker v. Des Moines: Establishing the Right”). It is important for students to avoid disruptions to prevent offensive speech that could be taken as
Censorship in schools can protect children and eliminate problems, but it can also cause many other problems. For one thing, it sometimes violates the First Amendment. The First Amendment states that “congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (Taylor 15). These rights are guaranteed to all American citizens, and that includes schoolchildren as well. According to the Constitution, the government cannot take away these basic rights. Public schools are government funded, so they must be sure not to infringe on student’s rights or there could be a lawsuit on their hands. In addition to legal consequences, school is about learning and ...
Separation of church and state is an issue in the forefront of people’s minds as some fight for their religious freedoms while others fight for their right to not be subjected to the religious beliefs of anybody else. Because public schools are government agencies they must operate under the same guidelines as any other government entity when it comes to religious expression and support, meaning they cannot endorse any specific religion nor can they encourage or require any religious practice. This issue becomes complicated when students exercise their right to free speech by expressing their religious beliefs in a school setting. An examination of First Amendment legal issues that arise when a student submits an essay and drawing of a religious
Following the Columbine tragedy in 1999, “school systems across the nation introduced the zero-tolerance policies aimed at the curtailment of harmful student behaviors” (Noll, 2014, p. 295). The original focus of the policies was to eliminate the use/carrying of weapons but soon after spread to restricting drugs and medication (2014). By 2006 95% of the U.S. public schools had adopted the zero-tolerance policies and more than half of them reported taking significant action against students, many of which resulted in expulsion (2014). While the zero-tolerance polices were originally welcomed by all members of a community as a means of promoting and keeping a safer environment-- as of late many individuals are questioning the relevance of some actions and some school officials (2014).
Lawmakers and school officials have been wearisome in the efforts of finding a policy that works to make our schools a safer place for students and administrators. Schools, both public and private, are an environment for learning and pleasant experiences that a child or adolescent will remember for the rest of their lives. Although, experiences like the Columbine High school massacres are not what an individual would want to remember and is one of the most significant enforcer when it comes to all austere policies. Zero tolerance was first introduced by President Ronald Reagan’s
One reason why schools shouldn't limit students' online speech is that students have the freedom of speech which says that they can express themselves and have their own opinion.
On the other hand, students have the right to speak out for what they believe in without having any interference; they have the right to voice their opinion. This protection is all due to the first amendment protection. The first amendment protects the students and also the teachers’ freedom of speech, that includes during and out of school. With the protection of the first amendment no person is able to violate your right to freedom of speech. Any pers...
Schools inevitably must deal with disciplinary action when it comes to misconduct in students. However, at what point should the courts and law enforcement intervene? “Zero tolerance” policies started as a trend in the school setting during the 1990s in “response to the widespread perception that juvenile violence was increasing and school officials needed to take desperate measures to address the problem” (Aull 2012:182-183). However, national statistics indicated a decrease in juvenile’s share of crime during the influx of zero tolerance policies in schools (National Crime Justice Reference Service 2005).
Students’ rights in schools are limited or just taken away. Kids are forced to do whatever the officials at their school, either the principal or the teachers, tell the students to do. One of the main right that gets taken away or limited is students’ first amendment rights, which is the freedom of expression. Students can gets suspended by just doing things the staff at the school does not like, including saying things that they don 't like or supporting a religion that the school does not support. Also, if something is said about the school or the people attending the school is said on social media that student can also get in a lot of trouble. Students should be able to have more first amendment
Martinez, S. (2009). A system gone berserk: How are zero-tolerance policies really …..affecting schools? Preventing School Failure, 53(3), 153-157. Retrieved from …..http://search.proquest.com.ezproxylocal.library.nova.edu/docview/228530113?acco…..untid=6579
Education is a elemental human right and essential for all other human rights. It is a powerful tool by which socially and economically marginalized children and adults can lift themselves out of poverty. It also consists of the right to freedom of education. Freedom of education is the right given to human beings to have access to the education of their preference without any constrictions. Right to education is a human right recognized by the United Nations. It includes the entire compulsion to eliminate inequity at all levels of the educational system.