STUDENTS RIGHTS, Dr. W.A. Kritsonis

8/14/2019 STUDENTS RIGHTS, Dr. W.A. Kritsonis

http://slidepdf.com/reader/full/students-rights-dr-wa-kritsonis 1/32



Used by permission of Campus Ministry Tools

(http://www.campusministrytools.com/yourRightsOnCampus.htm)



Student Rights

on Campus



Student Rights

on Campus

Separation ofChurch & State



StudentStudent

Rights onRights on

Cam usCam us

Separation of

Church &State

• There is no suchphrase in theconstitution.

• It was in apersonal letter fromPresident Thomas

Jefferson to a smallBa tist church in



StudentStudent

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Cam usCam us

Separation of Church &

StateThe Establishment Clause“Congress shall make no

law respecting an

establishment of religion or prohibiting

the free exercisethereof; or abridging thefreedom of speech or of the press; or the right of the people peaceably to

assemble…” 1791 TheFirst Amendment



Studenttudent

ights on

1. Students have

the right to Prayon campus

Only…“Official Statecomposed prayers

are excluded fromthe school.”

Engle v. Vitale 1962.& Bender v. Williamsport

Area School District 1986. (Supreme Court Decision)



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ights on

2. Students have

the Right toMeet togetherfor Bible Study

“it shall be unlawful for any publicsecondary school…

to deny Equal Access…

to any students who wish toconduct a meeting…

on the basis of the religious…

content at such meetings.”

The Equal Access Act -1984 .



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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 thestate should not promote religion.

*However, the Equal Access Act

doesn’t promote religious activity,rather it gives it neutral

treatment.



Studenttudent

Rights onights on The Equal Access Act

-4071(a)(4)

Does the Equal Access Act apply to

every school?”

• if it’s a secondary school

• if it receives Federalfunding

• if has a “limited open

forum”




Studenttudent


-1984

What is a “limited open forum?”

• Some places likeparks are a “completelyopen forum”

• Schools have acreated an open forum

for a particular group of people – Students.Students.




Studenttudent


-1984

Do all schools have a “limited

open forum?”

• No. But most do.

• If any non-curriculumstudent groups areallowed to meet then theEqual Access Act is

triggered.




Studenttudent


-1984

What is a non-curriculum related

student club?”

• Any student

meeting that is notdirectly related to aclass.




• Does the public school

usually sponsor an activitywith this subject matter?

• Does the school require ordirectly encourage studentparticipation in such a group

in connection with curricularcourse work?

Studenttudent


-1984

Congress used these 2 questions

to determine whether a student

meeting was curriculum related:




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 The Equal Access Act

-4071-4071(c)(4)(c)(4)

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Does that mean that anybody

can meet?

• any beliefs

• any size





-4071-4071(c)(4)(c)(4)

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Can we talk about anything we want to?

The school does not need toconcern itself with the contentof the religious speech – only

whether the speech:

• Is illegal

• Threatens the well-being of teachers or students

• Is not voluntary

• Materially & substantiallyinterferes with the

orderly conduct of

educational activities withinthe school




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As long as the meeting As long as the meetingdoes not “does not “materially and materially and

substantially interferesubstantially interfere withwith

the orderly conduct of the orderly conduct of

educational activitieseducational activitieswithin the school.” within the school.”


-4071-4071(c)(4)(c)(4)

What about the KKK and other

Anarchy type groups?




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As long as the meeting As long as the meeting

does not “does not “materially and materially and

substantially interferesubstantially interfere withwith

the orderly conduct of the orderly conduct of

educational activitieseducational activities

within the school.” within the school.”


-4071-4071(c)(4)(c)(4)

• What about gay & lesbian

groups?

• What about wiccan?




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“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 Student Coalition for

Peace v. Lower MerionPeace v. Lower Merion

School District 1985.School District 1985.

What about non-school persons?




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““non-school personsnon-school personsmay not direct, conduct,may not direct, conduct,

control or regularly control or regularly

attend activities of attend activities of

student groups.” student groups.”


-4071-4071(c)(5)(c)(5)

What about non-school persons?




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3. Students

have the Rightto Carry and

read their

Bible on Campus

Students may carry

and read their Bibleat school.


1984 .



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4. Studentshave the Right

to HaveReligious

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 duringthe school day on campus.



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5. Students

have the Rightto Be excused.

Public studentscannot be forced to

participate inactivities that violate

their religiousconvictions.



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6. Schools may

Accommodatestudentsreligious needs.

Students may bereleased during the

school day to receive

religious instruction off campus.

Called “Release time

education.”



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8. Students Have the

right to DistributeLiterature

9. Students Have

the right to wearChristian T-shirts

Tinker v. Des Moines

The school may

impose restrictions inthese areas but theymust be the same for

both religious andnon-reli ious



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10. Students do not

shed theirConstitutionalRights at the Doors

of their School

Both teachers andstudents retain their

First Amendment

rights while onschool grounds.

Tinker v. Des Moines

Y



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You are anAmerican.

The Establishment Clause

“Congress shall make nolaw respecting an

establishment of religionreligion or prohibiting

the free exercisethereof; or abridging the

freedom of speechspeech or of the presspress; or the right of the people peaceably to

assembleassemble…” 1791.



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You are an

American.

The First

Amendmentgives you…Freedom of Religion

Freedom of Speech

Freedom of Press

Freedom of Assembly

Freedom of Redress



Studenttudent

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You are an

American.

Freedom of Religion

Freedom of Speech

Freedom of Press

Freedom of Assembly



Studenttudent

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CampusCampus

websites:websites:

www.reachthecampus.coww.reachthecampus.co

mwww.gocampus.orgww.gocampus.org

www.everyschool.comww.everyschool.com

STUDENTS RIGHTS, Dr. W.A. Kritsonis

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