"students do not "shed their constitutional rights when they enter the schoolhouse door." Still, school administrators may sometimes legally restrict the rights of those within their schools" -Findlaw
What are the rights of adults and are they the same as the rights of children?
Generally speaking, the Constitution applies equally to everyone, regardless of age, color, race, religion, or any other factor. However, minors are a special category of person, and in many cases, the rights of minors can be suppressed in ways that the rights of adults simply may not be.
Some possible resources:
Student Rights: http://www.usconstitution.net/consttop_stud.html
US Constitution -- http://usconstitution.net/ or https://www.law.cornell.edu/constitution/overview
Human rights organizations -- http://www.humanrights.com/voices-for-human-rights/human-rights-organizations/non-governmental.html
TN civil rights resource -- https://www.tn.gov/education/topic/civil-rights
Categories: Carmen Gamper
Tags: alternative education, carmen gamper, children's rights, convention on the rights of the child, featured, human rights, rights of the child
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In my work as an educational consultant, I have visited many schools all over the world. I have observed, in both traditional and alternative schools, that children’s basic rights are often ignored. I believe that all human beings, no matter how old they are, must be granted the right to take care of their bodily needs. The child’s body and whole organism are by nature determined to move and learn in specific ways. When we adults refuse to collaborate with the child’s natural development, we create immense, unnecessary suffering. Even seemingly harmless experiences such as occasionally being denied the right to go to the toilet when needed, can leave trauma and health problems that are carried into adulthood.
The widespread assumption that children should sit still and listen, has been repeatedly disproved by scientists, psychologists, and educators. Children are meant to move their bodies and play. This is how they learn best. Furthermore, children in all school models are still being discriminated against, shamed and punished for having different learning styles. Sadly, children who learn more quickly or more slowly than their peers are often neglected in the classroom. Sometimes, learning content simply is not interesting enough or even age-appropriate. If children are unable to relate to the subject matter or the way in which it is delivered, they naturally lose interest. Children are drawn toward classroom activities that are aligned with their stages of cognitive and emotional development.
The “school model” itself will not protect children from abuse. Every single teacher and parent needs to take responsibility for his or her own well-being and for the child’s well-being.
The UN’s Convention on the Rights of the Child (pdf) outlines very basic human rights (e.g., to protect children against child labor and violence and secure their right for education). My list of children’s rights starts from the assumption that children are in an educational environment. I hope this list of rights will raise awareness for the subtle abuse and hidden suffering that occur in schools every day. If we allow children to feel more comfortable in learning environments, we adults will also feel better and happier! Instead of having to worry about being thirsty or feeling emotionally drained, children will consistently have their needs met. Children will gain the opportunity to experience true, authentic learning with joy. This leads to a lifelong love of learning.
All children have the right to do the following:
Go to the toilet when needed.
Have drinking water available.
Move the body when needed.
Learn to take care of personal needs.
Learn and process emotions through play.
Learn through exploration, trial, and error.
Make mistakes and not be judged or shamed.
Learn at a personal pace.
Fully understand a subject before being tested.
Not to be tested involuntarily. Instead, share knowledge by free choice, only when ready to receive feedback on learning progress.
Not to be punished. Instead, children should be respectfully encouraged to become more self-disciplined.
Not to be compared with peers. Instead, acknowledged as an individual student with individual talents, opinions, and characteristics.
Not to be judged for being different.
http://partnerwithschools.org/students-bill-of-rights.html
Student Bill of Rights
The Right to meet with other christian students.
The Equal Access Act allows students the freedom to meet on campus for the purpose of discussing christian issues.
The Right to identify your christian beliefs through signs and symbols.
Students are free to express their christian beliefs through signs and symbols.
The Right to talk about your christian beliefs on campus.
Freedom of speech is a fundamental right mandated in the Constitution and does not exclude the school yard.
The Right to distribute christian literature on campus.
The Equal Access Act allows students the freedom to meet on campus for the purpose of discussing christian issues.
The Right to pray on campus.
Students may pray alone or with others so long as it does not disrupt school activities or is not forced upon others.
The Right to carry or study your Bible on campus.
The Supreme Court has said that only state-directed Bible reading is unconstitutional.
The Right to do research papers, speeches, and creative projects with religious themes.
The First Amendment does not forbid all mention of religion in public schools.
The Right to be exempt.
Students may be exempt from activities and class content that contradict their religious beliefs.
The Right to celebrate or study christian holidays on campus.
Music, art, literature, and drama that have christian themes are permitted as part of the curriculum for school activities if presented in an objective manner as a traditional part of the cultural and christian heritage of the particular holiday.
The Right to meet with school officials.
The First Amendment to the Constitution forbids Congress to make any law that would respect the right of the people to petition the government (school officials).
Source: 1990 by J.W. Brinkley and Roever Communications. Used by permission.
http://www.uscourts.gov/about-federal-courts/educational-resources/supreme-court-landmarks
This is a list of Supreme Court cases concerning the rights of students.
What are the rights of school children while in school?
All public school students are required to learn the Pledge, and it shall be said in every classroom in which there is an American flag, at a time of the school board’s choosing. There is no requirement to have an American flag in every classroom. Where the Pledge is said, students, faculty and staff may choose not to join in. If a student makes this choice, he is either to stand or sit silently. Tenn. Code Ann. § 49-6-1001(c)(1) (2005).
Today, with the law’s reauthorization through the Every Student Succeeds Act (ESSA), the U.S. Department of Education (Department) continues to build on the civil rights legacy of the original law by providing protections for our most vulnerable students. While expanding opportunities for high-quality preschool is important, early education is not a panacea; it must be followed by strong kindergarten through third grade programs, and education that prepares students graduating from high school to succeed in college and careers. The Department’s strategic goal for early learning is to improve the health, social-emotional, and cognitive outcomes for all children from birth through third grade. This will ensure that all children, particularly those with high needs, are on track to graduate from high school college and career ready. This guidance is intended to remind State and local decision-makers about the importance of investing in early learning, highlight the opportunities available under the law to strengthen early education, and provide examples of how States and local communities may support young children’s success in school. http://www2.ed.gov/policy/elsec/leg/essa/essaelguidance10202016.pdf
Student Privacy
Students have the right to be free from intrusion into personal matters, but these rights end where the safety of others is concerned. For instance, information that leads administrators to believe a student has a weapon in his backpack justifies a search of the backpack. Additionally, schools may not share your personal information (including academic, disciplinary, and health records) with third parties.
However, students are not always protected from drug testing. Student athletes may be tested, without suspicion, in accordance with a 1995 U.S. Supreme Court decision (Vernonia v. Acton) rejecting a Fourth Amendment claim of privacy invasion. In fact, the Court has subsequently ruled that there is no federal requirement that schools drug test students only where there is probable cause. But the High Courts of some states, including Pennsvylvania, have ruled that random, suspicionless drug testing is in violation of their state constitutions. (findlaw.com)
Perspectives on free speech in public schools have changed dramatically throughout the years. While the concept of free speech in schools was routinely dismissed prior to the U.S. Supreme Court's 1969 Tinker v. Des Moines Independent School District decision. The Court held that while student speech is constitutionally protected, it may be censored if it causes "substantial interference with school discipline or the rights of others." This case involved student protests against the controversial war in Vietnam.
The Supreme Court's 1988 Hazelwood v. Kuhlmeier decision further established the limits of free speech in public schools, holding that public school students' free speech rights are not as robust as the First Amendment rights of adults
http://www.unesco.org/education/pdf/CHILD_E.PDF
http://www.educationrevolution.org/blog/the-rights-of-children-in-school/
Not to be tested involuntarily. Instead, share knowledge by free choice, only when ready to receive feedback on learning progress.
Students cannot be judged from being different from their peers. They should be recognized as individuals.
An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights.
http://www.humanium.org/en/americas/united-states-of-america/
Subtopic
NON-DISCRIMINATION POLICY
It is the policy of the Hamilton County Department of Education not to discriminate on the basis of race, color, national origin, sex, creed, religion, age, marital status, or disability in its educational programs, activities, or employment policies. HCDE also provides equal access to the Boy Scouts and other designated youth groups.
Students have the right to be free from intrusion into personal matters, but these rights end where the safety of others is concerned.
students are not always protected from drug testing. Student athletes may be tested, without suspicion, in accordance with a 1995 U.S. Supreme Court decision (Vernonia v. Acton) rejecting a Fourth Amendment claim of privacy invasion.
Students have fewer privacy rights in school than out of school. A teacher or principal may search a student's locker or handbag..
From Rethinking Early Childhood Education: Early Childhood Education is a political act, and it necessarily involves values and visions. CW MG
A student can express his/her opinions orally and in writing. A student must, however, make sure that in expressing this opinion or belief that he/she does so in a way that does not disrupt classes or other school activities. In addition, the student should not use vulgar language.
Freedom of Speech in Public Schools:Supreme Court States: "It does not follow ... that simply because the use of an offensive form of expression may not be prohibited to adults making what the speaker considers a political point, the same latitude must be permitted to children in a public school... The determination of what manner of speech in the classroom or in school assembly is inappropriate properly rests with the school board."
The United States Department of Education and the Supreme Court of the United States agree that failure to provide ESL services to individuals who do not speak English constitutes unlawful discrimination under Title VI
Students rights page on FindLaw -- http://education.findlaw.com/student-rights.html
Hamilton County Schools -- http://www.hcde.org/
UN Human Rights Commission-- http://www.ohchr.org/en/hrbodies/hrc/pages/hrcindex.aspx
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx
http://www.youthforhumanrights.org/what-are-human-rights/universal-declaration-of-human-rights/articles-1-15.html
This simplified version of the 30 Articles of the Universal Declaration of Human Rights has been created especially for young people.
UTC PDS1 What are the rights of our students?
Children with disabilities are entitled to receive a “free and appropriate public education (FAPE). Families are frequently surprised to learn that individuals with disabilities are not protected under IDEA once they graduate or age out of the school system. That is, the services and accommodations they received in high school do not automatically carry over to the college or postsecondarysetting. Adults with disabilities do receive some protection under the Americans with Disabilities Act (ADA) of 1990, however the intent of the law is to provide equal access to opportunities for all citizens of the United States. Thus, it prohibits discrimination against people with disabilities and offers them protection similar to that given to women and minorities through the Civil Rights Act of 1964.
http://www.youthforhumanrights.org/what-are-human-rights/universal-declaration-of-human-rights/articles-1-15.html
This simplified version of the 30 Articles of the Universal Declaration of Human Rights has been created especially for young people.
1. We Are All Born Free & Equal. We are all born free. We all have our own thoughts and ideas. We should all be treated in the same way.
2. Don’t Discriminate. These rights belong to everybody, whatever our differences.
3. The Right to Life. We all have the right to life, and to live in freedom and safety.
4. No Slavery. Nobody has any right to make us a slave. We cannot make anyone our slave.
5. No Torture. Nobody has any right to hurt us or to torture us.
6. You Have Rights No Matter Where You Go. I am a person just like you!
7. We’re All Equal Before the Law. The law is the same for everyone. It must treat us all fairly.
8. Your Human Rights Are Protected by Law. We can all ask for the law to help us when we are not treated fairly.
9. No Unfair Detainment. Nobody has the right to put us in prison without good reason and keep us there, or to send us away from our country.
10. The Right to Trial. If we are put on trial this should be in public. The people who try us should not let anyone tell them what to do.
11. We’re Always Innocent Till Proven Guilty. Nobody should be blamed for doing something until it is proven. When people say we did a bad thing we have the right to show it is not true.
12. The Right to Privacy. Nobody should try to harm our good name. Nobody has the right to come into our home, open our letters, or bother us or our family without a good reason.
13. Freedom to Move. We all have the right to go where we want in our own country and to travel as we wish.
14. The Right to Seek a Safe Place to Live. If we are frightened of being badly treated in our own country, we all have the right to run away to another country to be safe.
15. Right to a Nationality. We all have the right to belong to a country.
16. Marriage and Family. Every grown-up has the right to marry and have a family if they want to. Men and women have the same rights when they are married, and when they are separated.
17. The Right to Your Own Things. Everyone has the right to own things or share them. Nobody should take our things from us without a good reason.
18. Freedom of Thought. We all have the right to believe in what we want to believe, to have a religion, or to change it if we want.
19. Freedom of Expression. We all have the right to make up our own minds, to think what we like, to say what we think, and to share our ideas with other people.
20. The Right to Public Assembly. We all have the right to meet our friends and to work together in peace to defend our rights. Nobody can make us join a group if we don’t want to.
21. The Right to Democracy. We all have the right to take part in the government of our country. Every grown-up should be allowed to choose their own leaders.
22. Social Security. We all have the right to affordable housing, medicine, education, and childcare, enough money to live on and medical help if we are ill or old.
23. Workers’ Rights. Every grown-up has the right to do a job, to a fair wage for their work, and to join a trade union.
24. The Right to Play. We all have the right to rest from work and to relax.
25. Food and Shelter for All. We all have the right to a good life. Mothers and children, people who are old, unemployed or disabled, and all people have the right to be cared for.
26. The Right to Education. Education is a right. Primary school should be free. We should learn about the United Nations and how to get on with others. Our parents can choose what we learn.
27. Copyright. Copyright is a special law that protects one’s own artistic creations and writings; others cannot make copies without permission. We all have the right to our own way of life and to enjoy the good things that art, science and learning bring.
28. A Fair and Free World. There must be proper order so we can all enjoy rights and freedoms in our own country and all over the world.
29. Responsibility. We have a duty to other people, and we should protect their rights and freedoms.
30. No One Can Take Away Your Human Rights.
Main topic
What are the rights of children?
From Rethinking Early Childhood: the Convention on the rights of the child confers rights on children so that children, too, are agents and "rights barriers" and should be treated as ends not means, for each has "a life to live, deserving of both, respect and resources."
https://www.youtube.com/watch?v=5KQGz-toMnk
From the US Department of Education: The civil rights laws represent a national commitment to end discrimination in education. The laws mandate bringing the formerly excluded into the mainstream of American education. And these laws also are designed to help deliver the promise that every individual has the right to develop his or her talents to the fullest.
The CDF is a child advocacy organization that works to ensure a level playing field for all children. CDF champions policies and programs that lift children out of poverty, protect them from abuse and neglect and ensure their right to equal care and education.
The UN's Convention on the Rights of Children:http://www.ohchr.org/en/professionalinterest/pages/crc.aspx
If you think about it for a few minutes, you will realize that children don't have all of the same rights as adults. For instance, adults can drive cars, vote, and drink alcohol. Children can't do these things until they are 16, 18, and 21, depending on where they live. All of those rights involve situations outside of school. What about inside a school? In this activity, you'll examine some of the cases in which the Supreme Court of the United States has held that rights of students inside a school are not the same as rights of adults outside of school.
http://landmarkcases.org/en/Page/551/How_Do_Students_Rights_Compare_to_Adults_Rights
Article 1
For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.
Article 2
1. States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child's parents, legal guardians, or family members.
Article 3
1. In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
2. States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.
3. States Parties shall ensure that the institutions, services and facilities responsible for the care or protection of children shall conform with the standards established by competent authorities, particularly in the areas of safety, health, in the number and suitability of their staff, as well as competent supervision.
Article 4
States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.
Article 5
States Parties shall respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the present Convention.
Article 6
1. States Parties recognize that every child has the inherent right to life.
2. States Parties shall ensure to the maximum extent possible the survival and development of the child.
Article 7
1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless.
Article 8
1. States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name and family relations as recognized by law without unlawful interference.
2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity.
Article 9
1. States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child. Such determination may be necessary in a particular case such as one involving abuse or neglect of the child by the parents, or one where the parents are living separately and a decision must be made as to the child's place of residence.
2. In any proceedings pursuant to paragraph 1 of the present article, all interested parties shall be given an opportunity to participate in the proceedings and make their views known.
3. States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests.
4. Where such separation results from any action initiated by a State Party, such as the detention, imprisonment, exile, deportation or death (including death arising from any cause while the person is in the custody of the State) of one or both parents or of the child, that State Party shall, upon request, provide the parents, the child or, if appropriate, another member of the family with the essential information concerning the whereabouts of the absent member(s) of the family unless the provision of the information would be detrimental to the well-being of the child. States Parties shall further ensure that the submission of such a request shall of itself entail no adverse consequences for the person(s) concerned.
Article 10
1. In accordance with the obligation of States Parties under article 9, paragraph 1, applications by a child or his or her parents to enter or leave a State Party for the purpose of family reunification shall be dealt with by States Parties in a positive, humane and expeditious manner. States Parties shall further ensure that the submission of such a request shall entail no adverse consequences for the applicants and for the members of their family.
2. A child whose p
UNESCO believes that education is a human right for all throughout life and that access must be matched by quality.
http://unchildrights.blogspot.com/2009/03/summary-childrens-rights-convention.html
http://www.humanium.org/en/child-rights/
