In Goss v. Lopez, a student sued because an Ohio law allowed a school principal to suspend a student for 10 days or more with only a simple 24-hour notice to parents. The court ruled that this was a violation of a student’s 14th amendment due process clause rights because students were not given a due process hearing. In Dixon v. Alabama, a federal appellate court affirmed same standard in higher education by maintaining that a public college or university cannot expel a student without a hearing.
The impact left in this case, Jackson vs. Board of Education (2005), has been an issue that?s gone on for decades. It is a more recent encounter that shows it still exists in modern day. In Davis v. Monroe County Board of Education (1999) and Franklin v. Gwinnett County Public Schools (1992) these cases both enforce Title IX of the Education Amendments of 1972 such as Jackson vs. Board of Education (2005). Rights to equal protection began in Brown vs. Board of Education (1954). This case left a huge impact on equal rights against sexual discrimination, discussing the importance of the 14th
Today, because privacy is a emerging right, a discussion of privacy is usually consists of a list of examples where the right has been recognized. Privacy can be talked about in the nature of the right and the source of the right. There are four rights in the USA, unreasonable intrusion such as physical invasion, appropriation of a persons name or likenesss, publication of private facts such as income tax data or sexual relations, and publication that places a person in a false light, and the only one that is widely accepted in the US is the second one. A person might also recover under intentional infliction of emotional distress, assa...
FERPA, the Family Education Rights and Privacy Act, is a Federal law meant to protect the privacy of students personal, educational, and health information. The initial wording of FERPA implies it provides a extremely high level of personal privacy in our education. However, as you dig deeper into the law it becomes glaringly obvious how little protection this law actually provides. With multiple “loops-holes” built into its protection, FERPA has become nothing more than an illusion of privacy protection.
...g Title IX’s coverage to protect those who laid claims against institutions for sexual discrimination from retaliation (“Court’s”). Another amendment made to Title IX came in 2009 as a result of the Fitzgerald v. Barnstable School Committee trial. This one is fairly straight forward and is one of the most recent amendments made. In 2009, parents of a kindergartener filed complaints against the school when their daughter came home and accused a third grade boy for making sexual comments towards her on the bus (George 53). The court found that victims of sexual discrimination or harassment could now sue the specific individual who committed the act, as opposed to the entire program or institution (George 42). The amendment also provided some suggestions to aid institutions in these cases, helping them avoid paying damages to plaintiffs for one person’s act (George 42).
Have you ever wondered what protects our right to an education free of sexual harassment and equal opportunity in school activities? Title IX does that.
The Fourth Amendment essentially stands for the proposition that all United States citizens are protected from the unlawful search of their persons and property. However, the Fourth Amendment had not applied to public schools due to the fact school officials were governed by the doctrine of in loco parentis. This doctrine is predicated on the idea the educators should be viewed as substituting the place of the parents while the students’ are in the school setting. Following the rationale of this doctrine, educators shared the same rights and responsibilities that a student’s parents po...
In 1998 in Owasso, Oklahoma, mother Kristja Falvo sued the Owasso Independent School District because she claimed that her children were ridiculed when their grades were read out loud in class by classmates. Falvo says that when teachers have students grade each other's papers, the 1974 federal law protecting the privacy of educational records is violated. This is such a controversial subject that it has not been resolved as of today. This paper argues that peer grading does not violate the privacy law.
... is one that a reasonable guardian and tutor might undertake.” And he concluded that given the mission of public schools, and the circumstances of this case, the searches required by the school board's policy were “reasonable” and thereby permissible under the Constitution's 4th Amendment.
Ward, LaWanda. "Female Faculty in Male-Dominated Fields: Law, Medicine, and Engineering." New Directions for Higher Education 143 (2008): 63-72. ERIC. EBSCO. Web. 19 Jan. 2011.