https://padlet.com/aboothe11/6dbwstka23dba7fq A Legal Guide to Understanding and Protecting the Rights of Minors in Education en-us 2022-01-18 14:52:44 UTC 2022-03-05 03:22:01 UTC hello@padlet.com https://padlet.net/icons/png/1f3eb.png aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2061609773 My perspective consists of a future elementary school counselor who has spent 10 years teaching in a classroom of elementary aged students. My background consists of a Bachelors degree in Education and a Master's in School Counseling. ]]> 2022-02-23 00:41:09 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2061609773 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2061609922 This guide will best serve teachers and administration in elementary campuses. ]]> 2022-02-23 00:41:17 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2061609922 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2061614553 This legal guide will consist of laws regarding a minors rights while in school. Students have many rights as a population of the United States and are not limited to the right to an education, freedom of speech, protection against cruel and unusual punishment, and equal opportunities. This guide will best serve educators and administration who want to become more aware of student's rights and how to ensure legal requirements are being met. 
Ethical Issue: Students not feeling heard or respected. Student's are wanting more out of their education but do not know ways to go about change.
Legal Issue: Student's basic rights not being met in schools. 

]]> 2022-02-23 00:45:00 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2061614553 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2062646468 NEA consists of millions of students and educators who believe in education and its power to change lives. Their website oversees the rights of both students and teachers are being met. The NEA also gives others the opportunity to donate money and resources to advocate for change. 

National Education Association. NEA. (n.d.). Retrieved from https://www.nea.org/ ]]> 2022-02-23 14:05:55 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2062646468 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2062656653 National Youth Rights Association is one of the world's largest organizations in defending the rights of minors (under the age of 18) in schools. They provide information on current laws, actions to take if rights are not being met, and opportunities to educate the community.

Mandal, S. (2020). What we do. National Youth Rights of America. Retrieved from https://www.youthrights.org/about/what-we-do/ ]]> 2022-02-23 14:11:04 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2062656653 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074755576 Many schools across America ban books that they feel are inappropriate to the school setting which can lead to turmoil in the classroom. This article references a specific case in which students in Missouri fought their schools decision to ban a book they would like to keep on their curriculum.

Alanis, K. (2022, March 1). 'We must protect this right': Students sue school district over banned books. Education Week. Retrieved from https://www.edweek.org/policy-politics/we-must-protect-this-right-students-sue-school-district-over-banned-books/2022/02 ]]> 2022-03-03 01:35:17 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074755576 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074770216 https://www.edweek.org/policy-politics/video-what-constitutional-rights-do-students-have/2019/05

This article includes more information on how student have basic rights that can be undermined within school policies and rules.

Sawchuk, S. (2019). What constitutional rights do students have? Education Week. Retrieved from https://www.edweek.org/policy-politics/video-what-constitutional-rights-do-students-have/2019/05 ]]> 2022-03-03 01:43:32 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074770216 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074770988 https://www.edweek.org/leadership/when-students-walk-out-in-protest-heres-what-administrators-should-do/2022/02

This article demonstrates students' rights to speak and to assemble when there was a worldwide walkout to support the equal learning opportunities for all students despite race or color. This article is a helpful guide for both students and school staff when facing a walkout issue and how to handle it legally and ethically.

Blad, E. (2022, February 22). When students walk out in protest, here's what administrators should do. Education Week. Retrieved from https://www.edweek.org/leadership/when-students-walk-out-in-protest-heres-what-administrators-should-do/2022/02 ]]> 2022-03-03 01:43:59 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074770988 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074784746 ACLU defends and protects the right's of students.ACLU identifies and fights for several different issues present in schools and societies today. Not only do they educate others on their rights, but they also help student's in court cases where their basic Constitutional rights are not being met.

National Education Association. NEA. (2022). Retrieved from https://www.nea.org/ ]]> 2022-03-03 01:51:31 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074784746 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074837619 The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

]]> 2022-03-03 02:17:51 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074837619 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074838337 The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.

]]> 2022-03-03 02:18:14 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074838337 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074839834 The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice and are protected from self-incrimination (the right to remain silent). The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.

]]> 2022-03-03 02:18:59 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074839834 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074840592 The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.

]]> 2022-03-03 02:19:23 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074840592 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074848738 The United States Government. (2021, January 20). The Constitution. The White House. Retrieved from https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/ ]]> 2022-03-03 02:23:39 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2074848738 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076131092 Sec. 25.001(b)  The board of trustees of a school district or its designee shall admit into the public schools of the district free of tuition a person who is over five and younger than 21 years of age on the first day of September of the school year in which admission is sought, and may admit a person who is at least 21 years of age and under 26 years of age for the purpose of completing the requirements for a high school diploma
Education code chapter 25. Texas Education Agency. (2019). Retrieved from https://statutes.capitol.texas.gov/Docs/ED/htm/ED.25.htm ]]> 2022-03-03 16:05:28 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076131092 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076180961 Set for by the United Nations
Article 2
Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person
belongs, whether it be independent, trust, non-self-governing or under any other
limitation of sovereignty.

Article 3
Everyone has the right to life, liberty and security of person.

Article 5
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Reference
United Nations. (1948). Universal declaration of human rights. United Nations. Retrieved from https://www.un.org/en/about-us/universal-declaration-of-human-rights ]]> 2022-03-03 16:28:23 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076180961 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076200169 Title 19 RULE §1.18(1)(a) 
FERPA means the Family Educational Rights and Privacy Act, 42 U.S.C. §1232g, including regulations and informal written guidance issued by the United States Department of Education and any amendments or supplementation thereof.


]]> 2022-03-03 16:37:15 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076200169 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076353518 1940 Minersville School District v. Gobitis
Lillian Gobitas (age 12) and William Gobitas (age 10) were expelled from their Pennsylvania public school for not participating in the Pledge of Allegiance. Their father sued the school district because their family affiliation with the Jehovah's Witnesses prevented oath taking to any flag.

Soon after...

1943 West Virginia State Board of Education v. Barnette
Jehovah's Witnesses grade-school students Gathie (age 10) and Marie Barnett (age 8) were expelled from their public school for refusing to pledge. This time, Justice Robert Jackson, in a 6-3 decision, said the students’ First Amendment rights were violated.

Supreme Court cases where students influenced the Constitution. National Constitution Center – constitutioncenter.org. (n.d.). Retrieved March 28, 2018, from https://constitutioncenter.org/blog/supreme-court-cases-where-students-influenced-the-constitution 



]]> 2022-03-03 17:50:24 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076353518 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076369298 The Brown v. Board of Education of Topeka (1954) decision actually consolidated lawsuits from four states into one case including Briggs v. Elliott was from South Carolina; Davis v. County School Board was from Virginia; and Gebhart v. Belton from Delaware. Oliver Brown, on behalf of his nine-year-old daughter Linda, challenged a Kansas state law that permitted public schools segregated by race. The Warren Court’s unanimous decision explained that the separate-but-equal doctrine from the 1896 Plessey decision violated the Equal Protection Clause of the 14^th Amendment, and it ordered an end to legally mandated race-segregated schools.

Supreme Court cases where students influenced the Constitution. National Constitution Center – constitutioncenter.org. (n.d.). Retrieved March 28, 2018, from https://constitutioncenter.org/blog/supreme-court-cases-where-students-influenced-the-constitution ]]> 2022-03-03 17:58:33 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076369298 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076371191 1968 In re Gault
Teens accused of crimes are entitled to the same due process rights as adults. In 1964, Jerry Gault, 15, was taken into custody for allegedly making an obscene phone call. Gault was held in custody since he was on probation for another incident and his parents weren’t initially notified. A judge then committed Gault to six years in custody for a crime that had an adult sentence of two months. Justice Abe Fortas said the juvenile detention and trial practices used by the state of Arizona widely violated due process clauses under the 14^th Amendment and Fifth Amendment.

Supreme Court cases where students influenced the Constitution. National Constitution Center – constitutioncenter.org. (n.d.). Retrieved March 28, 2018, from https://constitutioncenter.org/blog/supreme-court-cases-where-students-influenced-the-constitution ]]> 2022-03-03 17:59:38 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076371191 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076374694 1969  Tinker v. Des Moines Independent Community School District 
At the height of the Vietnam War, Mary Beth Tinker, a 13-year-old student at Warren Harding Junior High School in Des Moines, Iowa, wore a black armband to school to protest the Vietnam War and was suspended. A few other students joined her. While Fortas said these rights don’t extend to conduct that “materially disrupts classwork or involves substantial disorder or invasion of the rights of others,” Tinker’s silent protest was permitted under the First Amendment.

Supreme Court cases where students influenced the Constitution. National Constitution Center – constitutioncenter.org. (n.d.). Retrieved March 28, 2018, from https://constitutioncenter.org/blog/supreme-court-cases-where-students-influenced-the-constitution ]]> 2022-03-03 18:01:35 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076374694 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076422515 There are organizations available for students to find information on their rights and how to go about advocating for those rights in schools. These organizations also provide aid and support if students feel like their rights are being hindered. 

NAEYC. (n.d.). Retrieved from https://www.naeyc.org/ 

]]> 2022-03-03 18:27:39 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076422515 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076466135 https://studentprivacy.ed.gov/ferpa

U.S Department of Education. (n.d.). Ferpa. FERPA | Protecting Student Privacy. Retrieved from https://studentprivacy.ed.gov/ferpa ]]> 2022-03-03 18:51:16 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076466135 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076523624  1985 New Jersey v. TLO found that public school students have some rights when it comes to school officials who want to search their person or personal belongs for evidence of wrongdoing. But those rights are very limited. In Piscataway, New Jersey, after a high school student (called “TLO” in court documents) was caught smoking cigarettes in school, she was confronted by the school’s vice principal, who forced the student to hand over her purse. The vice principal then searched her purse, found drug paraphernalia and called the police; the student was eventually charged with multiple crimes and expelled from the school. Her family argued that the evidence should not have been admissible in court because it violated T.L.O.’s Fourth Amendment protection against unreasonable searches and seizures. The Supreme Court decided students have a legitimate expectation of privacy when in school, but school officials can conduct a “reasonable” search beyond a mere hunch, based on evidence, without a warrant.]]> 2022-03-03 19:22:44 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076523624 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076622264 Student Handbook 2020-2021

Ages 6-18
Attendance: State law requires that a student who is at least six years of age, or who is younger than six
years of age and has previously been enrolled in first grade, and who has not yet reached their
19th birthday, shall attend school, as well as any applicable accelerated instruction program,
extended-year program, or tutorial session, unless the student is otherwise excused from
attendance or legally exempt.

Authority of Handbook: The district has disciplinary authority over a student in
accordance with the Student Code of Conduct. Students and parents should be familiar with the
standards set out in the Student Code of Conduct, as well as campus and classroom rules

Learning Environment Standards: Students learn best, and their welfare is best served, in a school environment that is free from
dating violence, discrimination, harassment, and retaliation.
Students are expected to treat peers and district employees with courtesy and respect, avoid
offensive behaviors, and stop those behaviors as directed. District employees are likewise
expected to treat students with courtesy and respect.
The board has established policies and procedures to prohibit and promptly address
inappropriate and offensive behaviors that are based on a person’s race, color, religion, sex,
gender, national origin, disability, age, or any other basis prohibited by law

Student Dress and Hygiene: If the principal determines that a student’s grooming or clothing violates the school’s dress code,
the student will be given an opportunity to correct the problem at school. If not corrected, the
student may be assigned to in-school suspension for the remainder of the day, until the problem
is corrected, or until a parent or designee brings an acceptable change of clothing to the school.
Repeated offenses may result in more serious disciplinary action in accordance with the Student
Code of Conduct


Discrimination: In accordance with Title IX, the district does not and is required not to discriminate on the basis
of sex in its educational programs or activities

Discrimination: In its efforts to promote nondiscrimination and as required by law, the district does not
discriminate on the basis of race, religion, color, national origin, gender, sex, disability, age, or
any other basis prohibited by law in providing education services, activities, and programs,
including Career and Technical Education (CTE) programs. The district provides equal access to
the Boy Scouts and other designated youth groups

Search and Seizure: If there is reasonable suspicion to believe that searching a student’s person, belongings, or
vehicle will reveal evidence of a violation of the Student Code of Conduct, a district official may
conduct a search in accordance with law and district regulations.

Abilene ISD parent/student handbook 2020-2021. AbileneISD.org. (2020). Retrieved from https://www.abileneisd.org/wp-content/uploads/2020/10/2020-2021-Parent-Student-Handbook-1.pdf 


]]> 2022-03-03 20:24:53 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076622264 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076656492 A.6.e Appropriate Referrals and Advocacy
Refrain from referring students based solely on the school
counselor’s personal beliefs or values rooted in one’s religion,
culture, ethnicity or personal worldview (ASCA, p. 4, 2016).

Asca ethical standards for school counselors. ASCA. (2016). Retrieved from https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf ]]> 2022-03-03 20:51:54 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076656492 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076666412 Hefner, A., & Sims, A. (2022, February 8). Legal and Ethical Obligations in AISD. personal. ]]> 2022-03-03 21:00:47 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076666412 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076669110 My interview was conducted with the Associate Superintendent for Leadership and Student Services, Dr. Gustavo Villanueva. ]]> 2022-03-03 21:03:12 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076669110 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076713618

Stay active in your knowledge of the law.

Follow a periodical related to educational law to stay current on news. 

Assess yourself and your campus to find out and recognize your own biases or prejudices. 

Teach students their rights and reference specific laws.

Respect student's rights instead of turning it into a disciplinary issue. 

Be aware of students cultural background, gender preference, struggles, and strengths. Don't just assume.

Create a school climate that is safe and advocates for student's rights.

]]> 2022-03-03 21:43:49 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2076713618 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078825213 2022-03-05 02:17:19 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078825213 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078834224 I was able to sit down and speak with Gustavo Villanueva to gain a better understanding of the process behind creating district policies, handbooks, and codes of conduct that guide school staff, parents, and students. These policies closely conform to Administrative Laws to create an environment that supports the students. Villanueva (personal communication, February 8,2022) identified the process as "lengthy but important" with "many people involved." He even mentioned that when reviewing and editing the documents, "it is important to consider new and evolving issues within education such as COVID (personal communication, February 8, 2022). When asked if Villanueva feels the Student Handbook and Campus Code of Conduct accurately represent the rights that each student have, he strongly agreed that student's rights were accurately represented and further explained to benefit each campus directly (personal communication, February 8, 2022). We went on to talk about different campus age ranges and compare a few samples of each Handbook from an elementary campus, middle school campus, and high school campus. ]]> 2022-03-05 02:31:21 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078834224 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078846132 https://www.usnews.com/news/education-news/articles/2021-10-04/doj-to-investigate-threats-against-school-board-members

School board members, superintendents, and many other school district staff have the task of rewriting school policies to ensure the safety of students. But what happens when students and parents don't feel like their child's wellbeing is being put first when making these policies? A federal investigation was conducted to address threats against school board members and legal and ethical claims that students and parents have acknowledged.

Camera, L. (2021, October 4). DOJ to investigate threats against school board members . U.S News. Retrieved from https://www.usnews.com/news/education-news/articles/2021-10-04/doj-to-investigate-threats-against-school-board-members ]]> 2022-03-05 02:51:04 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078846132 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078848672 https://www.usnews.com/news/education-news/articles/2018-01-11/us-commission-on-civil-rights-to-congress-make-school-funding-more-equitable

One of the basic rights form children is to be provided an equal education. One news article found that that was not the case for low income schools and the amount of funding they receive which leads to less learning opportunities.

Camera, L. (2018, January 11). U.S. commission on civil rights to congress: Make school funding more equitable. U.S News. Retrieved from http://www.sdkrashen.com/content/articles/naep_scores_and_the_%2522science_of_reading%2522.pdf ]]> 2022-03-05 02:55:50 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078848672 aboothe11 https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078862770 I find this subject to be personal in the sense that we all have rights and it is important to feel that they are actively being met. Adults might realize their rights more than children but it is still important to lead the next generation with as much information as possible to help them success and advocate for their constitutional rights. These rights serve as a foundation to our Nation's legal system and help for people to serve as productive members of society. ]]> 2022-03-05 03:21:11 UTC https://padlet.com/aboothe11/6dbwstka23dba7fq/wish/2078862770