Student Rights & Discipline

NSBA Amicus Brief - M.A.L. v. Kinsland (6th Cir.)

First Amendment - student distribution of literature - time, place and manner regulations

NSBA Amicus Brief - Butler v. Rio Rancho Public Schools (10th Cir.)

Student discipline: due process - zero tolerance policies, possession of drugs - scienter requirement.

Busch v. Marple Newtown Sch. Dist., No. 05-2094 (E.D. Pa. May 31, 2007)

A Pennsylvania federal district court has ruled that school officials did not violate a student’s or his parent’s free speech or equal protection rights, or the Establishment Clause, when they barred the parent from reading Bible verses in class as part of an elementary school social studies unit focused on learning about particular students. Wesley Busch was a student at Culbertson Elementary School.

C.H. v. Heyward (4th Cir.)

First Amendment:  Student free speech—Authority of school district to regulate wearing of apparel displaying Confederate flag.  Filed June 1, 2010.By Francisco Negron

Blue Mountain Sch. Dist. v. J.S./Hermitage Sch. Dist. v. Layshock (U.S. Sup. Ct. - Petition Brief)

First Amendment: Student speech - does Tinker and/or Fraser apply to offcampus, online student speech - school officials authority to regulate, restrict such speech without offending student's free speech rights. Filed November 2, 2011 By Francisco Negron

Commonwealth of Kentucky v. N.C. (U.S. Sup. Ct - Petition Brief)

Student Rights: Fifth Amendment - does school administrator's questioning of student in the presence of school resource officer trigger Miranda warnings. Filed August 28, 2013. 

Student Rights and Discipline

Learn more about the challenges school districts face in balancing students' First, Fourth, and Fifth Amendment rights with their educational mission to maintain a safe non-disruptive learning environment. 

CREATING & CONNECTING // Research and Guidelines on Online Social — and Educational — Networking

The study was comprised of three surveys: an online survey of 1,277 nine to seventeen year-old students, an online survey of 1,039 parents and telephone interviews with 250 school district leaders who make decisions on Internet policy.

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