Students’ Rights
Right to Free Public Education
Explanation: Students have the right to a free and appropriate public education (FAPE) under federal and state laws.
Right to Non-Discrimination
Explanation: Protected by Title VI, Title IX, and Section 504, students cannot be discriminated against based on race, gender, disability, or religion.
Right to Freedom of Expression
Also read:
- https://primelegalguide.com/30-questions-on-education-law-and-school-policies-answered/
- https://primelegalguide.com/40-steps-to-addressing-educational-disputes-legally/
- https://primelegalguide.com/20-questions-about-education-law-that-every-parent-should-know/
Explanation: Students have free speech rights under the First Amendment, but schools can limit speech that disrupts education.
Right to Privacy
Explanation: Under FERPA, students and parents have the right to access and control their educational records and ensure their confidentiality.
Right to Due Process
Explanation: Students are entitled to due process before suspensions or expulsions, including notice of allegations and an opportunity to present their side.
Right to Special Education Services
Explanation: Students with disabilities are entitled to services under IDEA and Section 504, including IEPs and reasonable accommodations.
Right to Protection from Bullying
Explain School Rules on Prevention of Bullying especially if discriminated or harassed by other.
Right to Practice one’s Faith Religion
This implies that any form of practicing religions is accepted freely, praying without interference so long as this practice does not obstruct the schedule events in the schools.
Right to Equal Opportunities Access
Each child in a school must receive the same rights on access opportunities whether an outcast in a particular setting.
Right to Express Grievance
Explanation: In case of any infringement of the rights, a student or a parent can always report to the school, district, or even the federal level.
Right to Freedom from Corporal Punishment
Explanation: Corporal punishment is illegal in most states, and when permitted, has to be under state regulations.
Right to Being Included in Decisions
Explanation: The rights may include more representation for older students who are eligible for their plans at school especially IEP and 504
Right to Make Clothing and Personal Grooming Choices
Definition : Students can exercise their freedom by dressing unless dressing interferes with the learning and violates the clothes code.
The Right to Safer Learning Evironments
Explanation: Schools ensure that students should learn in safer and healthier space or environment free of violence and harms.
The right to transfer School
Explanation : According to many laws, a transfer from failing to better performing can be done especially under the provision by the Every Student Succeeds Act (ESSA).
Right of Teachers
Right to speech freedom
Explanation: Teachers have First Amendment rights but must balance them with their role as public employees.
Right to Academic Freedom
Explanation: Teachers are free to teach material and express ideas in the curriculum since they are protected from censorship provided that it meets minimum educational standards.
Right to Non-Discrimination
Explanation: Under federal and state laws, teachers cannot be discriminated against on bases of race, gender, age, religion, or disability.
Right to a Safe Workplace
Explanation: Under OSHA, teachers have the right to a workplace free from unsafe conditions and violence.
Right to Collective Bargaining
Explanation: Teachers can join unions and negotiate contracts for better wages, benefits, and working conditions.
Right to Due Process
Explanation: Before termination, tenured teachers are entitled to due process, including notice and an opportunity to respond.
Right to Privacy
Explanation: Teachers have very limited rights to privacy on personal issues, but school-related communications and activities are open to scrutiny.
Right to Equal Pay
Explanation: The Equal Pay Act requires that teachers be paid equally for equal work, regardless of gender or other protected statuses.
Right to Engage in Political Activities
Explanation: A teacher may involve themselves in any political issue outside school, but such activity should not influence the student during school hours.
Right to File Grievances
Explanation: Teachers can file complaints or grievances against workplace violations or unfair treatment through proper channels.
Key Takeaways
Federal and state laws protect students and teachers alike from equal opportunities, freedom of expression, and a safe educational environment.
Students have specific rights to privacy and specialized education services, while teachers enjoy workplace protections and due process.
Both groups should file and submit incidents of violations of rights and pursue redress through the school system, legal advocates, or regulatory agencies.
It is in this understanding that rights nurture a violence-free environment for each party within any learning setting.
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