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Student Conduct: Recent Developments in Constitutional Law.

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Title: Student Conduct: Recent Developments in Constitutional Law.
Authors: Reutter, E. Edmund, National Organization on Legal Problems of Education, Topeka, KS.
Availability: Available only as part of complete document, see EA 007 648
Peer Reviewed: N
Page Count: 11
Publication Date: 1975
Document Type: Speeches/Meeting Papers
Descriptors: Board of Education Policy, Boards of Education, Court Litigation, Discipline, Due Process, Educational Administration, Elementary Secondary Education, Student Behavior, Student Rights, Students, Supreme Court Litigation
Abstract: This presentation focuses on specific applications of the rule-making power of public school authorities. Many of the cases involving student-school board conflicts are decided without a holding on the merits of the rule involved. Obviously, if due process is not observed in meting out a punishment, the court will hold for the student without reaching the rule. Likewise, if the type or extent of punishment is successfully challenged, the validity of the rule may not be decided, although dicta may be relevant to the point. The following are minimum essentials for an enforceable rule of student conduct: (1) the rule must be publicized to the students; (2) the rule must have a legitimate educational purpose; (3) the rule must have a rational relationship to the achievement of the stated educational purpose; (4) the meaning of the rule must be reasonably clear; (5) the rule must be sufficiently narrow in scope so as not to encompass constitutionally protected activities along with those that constitutionally may be proscribed in the school setting; and (6) if the rule infringes on a fundamental constitutional right of students, a compelling interest of the school (state) in the enforcement of the rule must be shown. (Author/IRT)
Notes: Chapter 12 of EA 007 648
Journal Code: RIEMAR1976
Entry Date: 1976
Accession Number: ED113845
Database: ERIC
FullText Text:
  Availability: 0
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DbLabel: ERIC
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PubType: Conference
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IllustrationInfo
Items – Name: Title
  Label: Title
  Group: Ti
  Data: Student Conduct: Recent Developments in Constitutional Law.
– Name: Author
  Label: Authors
  Group: Au
  Data: <searchLink fieldCode="AR" term="%22Reutter%2C+E%2E+Edmund%22">Reutter, E. Edmund</searchLink><br /><searchLink fieldCode="AR" term="%22National+Organization+on+Legal+Problems+of+Education%2C+Topeka%2C+KS%2E%22">National Organization on Legal Problems of Education, Topeka, KS.</searchLink>
– Name: Avail
  Label: Availability
  Group: Avail
  Data: Available only as part of complete document, see EA 007 648
– Name: PeerReviewed
  Label: Peer Reviewed
  Group: SrcInfo
  Data: N
– Name: Pages
  Label: Page Count
  Group: Src
  Data: 11
– Name: DatePubCY
  Label: Publication Date
  Group: Date
  Data: 1975
– Name: TypeDocument
  Label: Document Type
  Group: TypDoc
  Data: Speeches/Meeting Papers
– Name: Subject
  Label: Descriptors
  Group: Su
  Data: <searchLink fieldCode="DE" term="%22Board+of+Education+Policy%22">Board of Education Policy</searchLink><br /><searchLink fieldCode="DE" term="%22Boards+of+Education%22">Boards of Education</searchLink><br /><searchLink fieldCode="DE" term="%22Court+Litigation%22">Court Litigation</searchLink><br /><searchLink fieldCode="DE" term="%22Discipline%22">Discipline</searchLink><br /><searchLink fieldCode="DE" term="%22Due+Process%22">Due Process</searchLink><br /><searchLink fieldCode="DE" term="%22Educational+Administration%22">Educational Administration</searchLink><br /><searchLink fieldCode="DE" term="%22Elementary+Secondary+Education%22">Elementary Secondary Education</searchLink><br /><searchLink fieldCode="DE" term="%22Student+Behavior%22">Student Behavior</searchLink><br /><searchLink fieldCode="DE" term="%22Student+Rights%22">Student Rights</searchLink><br /><searchLink fieldCode="DE" term="%22Students%22">Students</searchLink><br /><searchLink fieldCode="DE" term="%22Supreme+Court+Litigation%22">Supreme Court Litigation</searchLink>
– Name: Abstract
  Label: Abstract
  Group: Ab
  Data: This presentation focuses on specific applications of the rule-making power of public school authorities. Many of the cases involving student-school board conflicts are decided without a holding on the merits of the rule involved. Obviously, if due process is not observed in meting out a punishment, the court will hold for the student without reaching the rule. Likewise, if the type or extent of punishment is successfully challenged, the validity of the rule may not be decided, although dicta may be relevant to the point. The following are minimum essentials for an enforceable rule of student conduct: (1) the rule must be publicized to the students; (2) the rule must have a legitimate educational purpose; (3) the rule must have a rational relationship to the achievement of the stated educational purpose; (4) the meaning of the rule must be reasonably clear; (5) the rule must be sufficiently narrow in scope so as not to encompass constitutionally protected activities along with those that constitutionally may be proscribed in the school setting; and (6) if the rule infringes on a fundamental constitutional right of students, a compelling interest of the school (state) in the enforcement of the rule must be shown. (Author/IRT)
– Name: Note
  Label: Notes
  Group: Note
  Data: Chapter 12 of EA 007 648
– Name: CodeSource
  Label: Journal Code
  Group: SrcInfo
  Data: <searchLink fieldCode="JC" term="%22RIEMAR1976%22">RIEMAR1976</searchLink>
– Name: DateEntry
  Label: Entry Date
  Group: Date
  Data: 1976
– Name: AN
  Label: Accession Number
  Group: ID
  Data: ED113845
PLink https://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=eric&AN=ED113845
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      Pagination:
        PageCount: 11
    Subjects:
      – SubjectFull: Board of Education Policy
        Type: general
      – SubjectFull: Boards of Education
        Type: general
      – SubjectFull: Court Litigation
        Type: general
      – SubjectFull: Discipline
        Type: general
      – SubjectFull: Due Process
        Type: general
      – SubjectFull: Educational Administration
        Type: general
      – SubjectFull: Elementary Secondary Education
        Type: general
      – SubjectFull: Student Behavior
        Type: general
      – SubjectFull: Student Rights
        Type: general
      – SubjectFull: Students
        Type: general
      – SubjectFull: Supreme Court Litigation
        Type: general
    Titles:
      – TitleFull: Student Conduct: Recent Developments in Constitutional Law.
        Type: main
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          Name:
            NameFull: National Organization on Legal Problems of Education, Topeka, KS.
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          Name:
            NameFull: Reutter, E. Edmund
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              M: 01
              Type: published
              Y: 1975
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