William Allan Kritsonis, PhD Educational Law Series - Students Rights

2. Used by permission of Campus Ministry Tools (http://www.campusministrytools.com/yourRightsOnCampus.htm)

4. Student Rights on Campus

5. Student Rights on Campus Separation of Church & State

7. Student Rights on Campus Separation of Church & State The Establishment Clause “ 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 …” 1791 The First Amendment of the U.S. Constitution

9. Student Rights on Campus 2. Students have the Right to Meet together for Bible Study “ it shall be unlawful for any public secondary school… to deny Equal Access… to any students who wish to conduct a meeting… on the basis of the religious…content at such meetings.” The Equal Access Act -1984 .

10. Student Rights on Campus The Equal Access Act The Equal Access Act -4071 (c)(4) * The Act was drafted to keep people from violating the Establishment Clause of the US Constitution. *Congress recognized that the state should not promote religion. *However, the Equal Access Act doesn’t promote religious activity, rather it gives it neutral treatment.

18. Student Rights on Campus As long as the meeting does not “ materially and substantially interfere with the orderly conduct of educational activities within the school.” The Equal Access Act -4071 (c)(4) What about the KKK and other Anarchy type groups? The Equal Access Act

20. Student Rights on Campus “ if the schools limited open forum includes non-student participation then non-student participation must be permitted for all such student groups.” Student Coalition for Peace v. Lower Merion School District 1985. What about non-school persons? The Equal Access Act

21. Student Rights on Campus “ non-school persons may not direct, conduct, control or regularly attend activities of student groups.” The Equal Access Act -4071 (c)(5) What about non-school persons? The Equal Access Act

22. Student Rights on Campus 3. Students have the Right to Carry and read their Bible on Campus Students may carry and read their Bible at school. The Equal Access Act 1984 .

23. Student Rights on Campus 4. Students have the Right to Have Religious Services. The Supreme Court reinstates a US District Court decision that allowed public H.S. students to meet during an activity period for prayer, Bible Study and religious discussion during the school day on campus. Bender v. Williamsport Area School District 1986. (Supreme Court Decision)

24. Student Rights on Campus 5. Students have the Right to Be excused. Public students cannot be forced to participate in activities that violate their religious convictions . West Virginia Board of Education vs. Barnette. 1943 .

25. Student Rights on Campus 6. Schools may Accommodate students religious needs. Students may be released during the school day to receive religious instruction off campus. Called “Release time education.” (Varies state to state) Zorach v. Clauson 1952.

26. Student Rights on Campus 7. Students may engage in controversial Speech. They may discuss controversial topics concerning religious, political and philosophical viewpoints. Healy v. James 1972.

28. Student Rights on Campus 10. Students do not shed their Constitutional Rights at the Doors of their School Both teachers and students retain their First Amendment rights while on school grounds. Tinker v. Des Moines Independent School District. 1969

29. Student Rights on Campus You are an American. The Establishment Clause “ 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 …” 1791. The First Amendment of the U.S. Constitution

30. Student Rights on Campus You are an American. The First Amendment gives you… Freedom of Religion Freedom of Speech Freedom of Press Freedom of Assembly Freedom of Redress

31. Student Rights on Campus You are an American. Freedom of Religion Freedom of Speech Freedom of Press Freedom of Assembly Go Express Yourself!

32. Student Rights on Campus Campus websites: www.reachthecampus.com www.gocampus.org www.everyschool.com