Student Rights

Question 1

Procedural Due Process

Answer 1

Protects an individual against arbitrary state action. Steps need to be followed to take away one’s individual rights. Procedural due process requires notice and hearing.

Question 2

School board rules & regulations must be: [state 2]

Answer 2

1. Must be reasonable.

2. Must not be arbitrary or capricious.

Question 3

What two kinds of due process do they speak to:

Answer 3

1. Procedural due process:

2. Substantive due Process

Question 4

What is a procedural Due Process?

Answer 4

This protects an individual against arbitrary state action. Certain steps must be followed in order to take away one’s individual rights. Procedural Due Process requires notice and hearing.

Question 5

What is a substantive due Process?

Answer 5

This is another word for liberty or freedom. It includes life, liberty, property, education, travel, appearance, and the freedom of religion, speech, press and assembly as well as the right to marry, have children, choose career or acquire knowledge.

Question 6

Freedom of speech and expression cannot be taken away unless: [2 reasons]

Answer 6

1. There is a clear and present danger for material.

2. there is clear evidence for substantial disruption.

Question 7

Search & Seizures

Answer 7

Strip searches require ‘probable cause’ because they are considered highly intrusive.

Question 8

New Jersey vs. T.L.O., U.S. Supreme Court, 1985

Answer 8

A female student caught smoking in the bathroom. Her purse was searched and drugs and letters were identified.

Court ruled in favor of the school due to the connection between the infarction and the items searched for.

Question 9

A search is permitted when: [3 facts]

Answer 9

1. The measure is reasonably related to the objectives of the search.
2. The search is not intrusive in light of age and sex of the student.
3. The reason for the search must justify the degree of the intrusiveness.