QUESTIONS THAT VIOLATE YOUR STUDENT RIGHTS
If You Answer “Yes” To Any Of The Following Questions, Your
Student Rights Have Been Violated And Our Handbook Could Be Helpful To You.
HAVE
YOU OR OTHER STUDENTS EVER:
1. Had A Teacher Embarrass You In Front Of The
Class?
2. Lost Points, Grades Or Credits When Legally
Absent?
3. Served Detention During Lunch Or On Saturday?
4. Had A Teacher Leave The Classroom For Long Periods Of
Time?
5. Had Your Grades Discussed Publicly In Class?
6. Been Required To Ride The Bus To A Game And Then
Forced To Pay For That Ride?
A “Yes” To These Questions
Also Means That Your Student Rights Have Been Violated.
HAVE
YOU OR OTHER STUDENTS EVER:
7. Been Told That You Could Not Go To The Bathroom?
8. Been Denied Entrance To School Bathrooms For Long
Periods Of Time?
9. Been Locked Out Of Class During Class?
10. Been Required To Make Up Tests At Lunch?
11. Been Disciplined Or Suspended For Wearing Hats When Outside
Of The Classroom?
12. Been Required To Pay For Parking Spaces, For Supplies,
For Program Changes Or For Student-Body Cards Before You Could Participate In
Extra-Curricular Activities?
More “Yes” Answers Mean More Violations.
HAVE
YOU OR OTHER STUDENTS EVER:
13. Been Punished For Expressing Your Opinion In
Class?
14. Been Told That Your Grades Could Not Be Changed?
15. Been Suspended For Tardies Or Cutting?
16. Been hazed at school? [Physically harmed or personally
degraded which resulted in physical or mental harm.]
17. Been Sexually Harassed At School?
18. Been Harassed For Being Gay Or Lesbian?
If Your Answers Continue To Be “Yes”, Your Rights
Continue To Be Violated.
HAVE
YOU OR OTHER STUDENTS EVER:
19. Been Given Laps Or Pushups As Punishment?
20.
Had Administrators Make Up
School Rules Without Asking For Student Opinions?
21. Been Stopped From Passing Out Petitions?
22. Been Suspended Without First Receiving A Conference To
Explain Your Side?
23. Been Prohibited From Publishing A Controversial
Article, An Alternative Newspaper, An Underground Newspaper Or From Soliciting
Money For An Underground Newspaper?
24. Been Denied The Right To Have A Cell Phone While At
School Or At A School Activity?
LEGAL
CITATIONS FOR THE QUESTIONS ASKED:
See http://leginfo.ca.gov/ for full
legal text.
1. P.C. 273a
2. E.C. 48205
3. C.C.R. Title 5. Sec. 304 & 352
4. Castro vs. L.A. Board of Education, 1976
5. E.C. 49061 - 49077; California State Supreme Court,
White, 13 Cal. 3d. 1975
6. CA Department of Education Legal Memo, 1992
7. E.C. 49000, 49001;
A.B. 1617 1069, 1/87
8. E.C. 49000, 49001;
A.B. 1617 Chp. 1069, 1/87; Law In The School, 00, p.43
9. CA Supreme Court: Ward, 1874, Serrano, 1976; U. S Supreme
Court Decisions: Brown, 1954, Tinker, 1969,
Goss, 1975, Wood, 1975; Federal and State Constitutions; CA Court:
Wysinger, CA State Department Handbook on Student Rights, 1986, pp. 2-3
10. C.C.R. Title 5. Sec. 304 & 352
11. S.B. 310, 10/01; S.B. 1632, 8/02; E.C. 35183.5
12. Ward vs. Flood, CA Supreme Court, 1874; Hartzell vs.
Connell, California Supreme Court, 1984; State Constitution, Title 5, Sec. 350
13. Castro, 9 Cal. App. 3d, 941, 942
14. E.C. 49066
15. E.C. 48900 u
16. E.C. 32050 and E.C. 48900
17. Contra Costa Superior Court, 12/13/96; Loomis vs.
Visalia, Federal Court, 8/13/03; Flores
vs. Morgan Hill, 9th Circuit, 4/03
18. Nabozny vs. Podlesny, 7th Circuit,
Wisconsin, 1996; Henkle vs. Washoe County, 8/25/02; Loomis vs. Visalia, 8/02;
Flores vs. Morgan Hill, 9th Circuit, 4/03
19. E.C. 49000 and
49001; Program Advisory CA Department Of Education, CIL: 88/9-5,
12/23/88; Law in the School 6th Edition, 8/00, p. 43
20. E.C. 35291.5; State Department of Education Handbook
on Student Rights, 1980, p. 14
21. Constitutional Right to Assemble and Petition, 1776;
Tinker, U.S. Supreme Court, 1969; Hazelwood, U. S. Supreme Court 1/88; E.C. 48907
22. Goss vs. Lopez, U.S. Supreme Court; Montoya, 502 F. Supp. 209 CA, 1980; E.C.
48910, E.C. 48911
23. Burnside, F. 2d, 1966; Baker, 307 F. Supp, 1969;
Tinker, U.S. Supreme Court, 1969; Sullivan, 307 F. Supp., 1969; Scoville, 7th Circuit, 1970;
Bright, Cal. 3d, Cal Rptr., 1976; CA State Department
of Education Handbook on Student Rights, 1986, p. 15 and 16
24. S.B. 1253, 8/28/02; E.C. 48901.5
FOR FREE HELP ON THESE
QUESTIONS AND TO LEARN HOW TO PROTECT YOUR STUDENT RIGHTS WHILE AT SCHOOL
Contact
Boyer P. August, Ed. D.
boyerpa@pacbell.net
510-499-6712
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