Tuesday, November 24, 2009

Student Rights by Oscar

''220. No person shall be subjected to discrimination on the basis of disability, gender, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance or enrolls pupils who receive state student financial aid''.

''221. This article shall not apply to an educational institution that is controlled by a religious organization if the application would not be consistent with the religious tenets of that organization.''(http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&group=00001-01000&file=220-221.1)

2. We have the right of freedom of expression

So can I say or publish anything I want in school?
''No. Students' First Amendment rights are not absolute. For example, you cannot say
or publish hurtful lies about people. This is called slander (if you say it) and libel (if you
publish it). You can be sued for both''.(http://www.aclum.org/students/StudentRights.pdf)
''Do I have to say the Pledge of Allegiance?
No. You can remain quietly seated -- but you cannot disrupt the proceedings''(http://www.aclum.org/students/StudentRights.pdf)
Can school officials search my belongings?
''Sometimes. Outside the school, law enforcement officers need to obtain a warrant
from a magistrate before they can conduct a search''.(http://www.aclum.org/students/StudentRights.pdf)

Can a whole class or group be searched?
''Perhaps in emergency situations, where public safety is at stake. To conduct a legal
school search, there must usually be some "reasonable suspicion" that an individual or
group is breaking a school rule. to search an entire school body to solve one infraction of
the rules would probably be considered unreasonable. Dog sniffs of lockers and
belongings and even students have been upheld by some courts, but others have made a
distinction between dogs sniffing students (which is not permissible without good cause)
and sniffing lockers, backpacks, and cars.(http://www.aclum.org/students/StudentRights.pdf)''

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