Rights

Rights The due process in schools is very simple. Follow simple and needed guidelines, or face the consequences. Society will fall if these simple rules are taken lightl; this must be taught and enforced at an early age. Just like in a court of law, each side is heard, but the defendant must prove innocent in order for charges to be dropped. The link provided will discuss South Dakota's education due process in detail. || [|Link] || **Freedom of expression** is the key idea in making the use of democracy to keep it going in work and participation in decision-making. People cannot exercise their right to vote or take part in public decision-making if there is not free access to information and ideas and are not able to express their views freely. Freedom of expression is very important for **individual dignity**, but also to **participation**, **accountability**, and **democracy**. Many violations of freedom of expression often go hand in hand with other violations, such as the right to **freedom of association and assembly**. Freedom of expression is also applied to teachers and students in the classroom; however, this idea is **limited** to how the freedom of expression can be used. || [|Link] || Although school officials have the responsibility to maintain a safe educational environment, the Fourth Amendment to the U.S. Constitution protects all citizens against unreasonable search and seizure. There are guidelines for teachers including the expectation for privacy and the intrusiveness of the search as well as considerations such as the target of the search, the quality of information that has led to the search, the nature of the place to be searched, and the nature of the search itself. Of course, in order to be subject to a search, there must be probable cause, the legal standard that requires extraordinarily strong evidence supporting the view that someone is guilty of illegal behavior. || Link || This talks about some of the key responsibilities that educators have. All certified teachers in South Dakota are required by law to adhere to the Code of Professional Ethics. The College of Education integrates discussion of the required code i nto the Teacher Education Program. Students accepted into the Teacher Education Program are expected to be familiar with and abide by the code. || Link || This talks about The Individuals with Disabilities Act (IDEA), which is extremely important when discussing the rights of learners with disabilities. Special education services are individualized to meet the unique needs of students with disabilities and are provided in the least restrictive environment. || [|Link] || The First Amendment to the U.S. Constitution provides citizens with a guarantee of freedom of expression. This right guarantees that citizens, except on a small number of highly specialized situations, face no governmental restrictions on what they can say. It is one of the most fundamental rights of citizens. Without it, other fundamental rights, like the right to vote, would wither or die. However, free speech rights, still need constant vigilant protection. New questions arise and old ones return. Should flag burning be a crime? Should the Internet be subject to any form of government control? What about government or private censorship of works of arts that touch on sensitive issues like religion and sexuality? In answering these questions, the history and the core value of the First Amendment should be our guide. || [|Link] || According to the Universal Declaration of Human Rights, freedom of expression is the right of every individual to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. In practice, however, this fundamental human right is frequently restricted through tactics that include censorship, restrictive press legislation, and harassment of journalists, bloggers and others who voice their opinions, as well as crackdowns on religious minorities and other suppression of religious freedom. || Link || This link is the South Dakota Department of Education and explains the steps schools must take when dealing with student due process. It explains situations such as suspension, expulsion, possession of tobacco, alcohol, drugs and firearms and what rights students have and how schools should handle the situations. || [|Link] || Thie is a constitutional right that allows individuals to develop and practice their own form of morality without government interference. The link provides a summary of early recognition of it's importance in U.S. history. || Link || Tenure is designed to offer teaching staff members a measure of security in the positions they hold. It is intended to protect teaching staff members from dismissal for “unfounded, flimsy, or political reasons.” || [|Link] || This right is not specifically stated in the constitution. Several different amendments allow us to have this right. One being the 4th Amendment, this amendment doesn't allow government to search property without probable cause. || [|Link] || This refers to your right as a teacher to speak freely about the subjects you teach, to experiment with new ideas, to select the material used in the classroom, and to decide on teaching methods. || [|Link] || Rights for parents: This link gives the pros and cons associated with teacher tenure. Tenure is a guaranteed job contract that is given to individuals who have over a period of between two and seven years, proved their skills. After this point, they cannot be fired without just cause. In terms of teaching, the purpose of tenure is to give teachers the freedom to pursue research and teach as they see fit without concerns of a political nature. || Link || Freedom of conscience: controversies among certain issues such as teaching of certain content, participation in ceremonies involving saluting the flag, and the free exercise of religion have risen. It is a constitutional guarantee that relates to the rights of citizens in the areas of personal beliefs and religion. From the link: The American concept of freedom of conscience is rooted in the Puritan’s quest to practice their religion freely and their desire to promote religious tolerance. || Link || The First Amendment guarantees our **right to free expression and free association**, which means that the government does not have the right to forbid us from saying what we like and writing what we like; we can form clubs and organizations, and take part in demonstrations and rallies. Liberty cannot exist in a society in which people are forced to conform their thoughts and expression to an official viewpoint. Differences of opinion are the natural byproducts of a vibrant, free society. At many of our nation's colleges and universities, however, students are expected to share a single viewpoint on controversial matters like the meaning of diversity, the particulars of racism, and the impressibility of "hate speech." Mandatory "diversity training," in which students are instructed in an officially approved ideology, is commonplace. Some institutions have enacted policies that require students to speak and even share identical attitudes on these matters or face disciplinary charges. || [|Link] || Teacher tenure is a policy by which teachers receive permanent contracts that ensure their employment for life. Unless there is just cause fo rtheir dismissal, teachers who receive tenure cannot be fired. In most states, teachers get tenure based on the number of years they work in a school or in a school district. This websight shows each state's teacher certification requirments and information on teacher tenure. || Link || This is a great website that tells what you can and can't do when regarding religious beliefs and practices in schools. It describes what is appropriate for both students and teachers (with the emphasis on censoring religion, if it's "disruptive"). It discusses topics such as prayer, curriculum, after-school activities, and holidays. || [|Link] || The U. S. Constitution contains no express right to privacy. The Bill of Rights, however, reflects the concern of James Madison and other framers for protecting specific aspects of privacy, such as the privacy of beliefs (1st Amendment), privacy of the home against demands that it be used to house soldiers (3rd Amendment), privacy of the person and possessions as against unreasonable searches (4th Amendment), and the 5th Amendment's privilege against self-incrimination, which provides protection for the privacy of personal information. In addition, the Ninth Amendment states that the "enumeration of certain rights" in the Bill of Rights "shall not be construed to deny or disparage other rights retained by the people." The meaning of the Ninth Amendment is elusive, but some persons (including Justice Goldberg in his Griswold concurrence) have interpreted the Ninth Amendment as justification for broadly reading the Bill of Rights to protect privacy in ways not specifically provided in the first eight amendments. || [|Link] ||
 * Amy || Acheson || Freedom of Religion in Schools -
 * The greatest current threat to separation of church and state is in the public schools, the very place that Americans of every background first learn the critical values of freedom and tolerance. And at a time when our population is growing increasingly diverse, those values are more important than ever. The public schools must make students from every background feel equally welcome if democracy is to endure.
 * As long as there is no disruption of normal school activity, individual students are free to engage in prayer whenever and wherever they like.
 * The courts realize the First Amendment's Establishment Clause means students should never be given the impression that any one faith in particular, or religion in general, is officially sanctioned or preferred.
 * The dispute over school prayer is one of the longest-running controversies in this area. For almost 40 years, the courts have repeatedly and definitively found school-sponsored prayer unconstitutional but its advocates just as repeatedly try to reinstate it. While their most recent attempt, misleadingly named the Religious Freedom Amendment, was defeated in 1988, and did garner significant support in Congress. || [|Link] ||
 * Justin || Barnett || Due Process -
 * Kathryn || Brock || Due Process -
 * The Due Process Clause serves two ****basic goals. One is to produce, through the use of fair procedures, more **
 * accurate results: to prevent the wrongful deprivation of interests. The other ****goal is to make people feel that the government has treated them fairly by, say, ****listening to their side of the story. ****The Due Process Clause is ****essentially a guarantee of basic fairness. Fairness can, in various cases, have ****many components: notice, an opportunity to be heard at a meaningful time in a ****<span style="font-family: Arial,Helvetica;">meaningful way, a decision supported by substantial evidence, etc. ****<span style="font-family: Arial,Helvetica;">This link also has information about several Supreme Court Cases involving Due Process Rights of students in Public Schools. ** || [|Link] ||
 * Abigail || Bulock || Freedom of Expression-
 * Timothy || Furness || Freedom From Unreasonable Search and Seizure-
 * Ashley || Geditz || Teacher's Legal Obligations-
 * Amanda || Gilbertson || == Special Rights for Learners with Disabilities - ==
 * Lilian || Harmer || Freedom of Expression-
 * Tyler || Hennagir || Freedom of Expression -
 * Stacey || Hopf || Due Process-
 * Kayla || Kost || Freedom of Conscience-
 * Jennifer || Lease || Continuing Employment and Tenure -
 * Melissa || Ledeboer || ==== The Right to Privacy- ====
 * Alyssa || Masie || Academic Freedom-
 * Chelsea || Meyer || Special Rights for Learners With Disabilities -
 * <span style="background-color: #ffffff; color: #333333; font-family: Arial,Helvetica,sans-serif; font-size: 12px;">You can look at all of your child’s education records within 5 days of your request for an assessment.
 * <span style="background-color: #ffffff; color: #333333; font-family: Arial,Helvetica,sans-serif; font-size: 12px;">The parents alone have the right to consent to evaluations and services.
 * <span style="background-color: #ffffff; color: #333333; font-family: Arial,Helvetica,sans-serif; font-size: 12px;">You can be part of any meeting about your child’s evaluation, placement, or program.
 * <span style="background-color: #ffffff; color: #333333; font-family: Arial,Helvetica,sans-serif; font-size: 12px;">You have the right to obtain an independent evaluation if you disagree with what the district finds in its evaluation.
 * <span style="background-color: #ffffff; color: #333333; font-family: Arial,Helvetica,sans-serif; font-size: 12px;">A child’s rights will be protected when the parents cannot be found, before surrogate parents are chosen.
 * <span style="background-color: #ffffff; color: #333333; font-family: Arial,Helvetica,sans-serif; font-size: 12px;">You must be told in writing in your main language if the LEA wants to make a change in your child’s placement or program, including related services.
 * <span style="background-color: #ffffff; color: #333333; font-family: Arial,Helvetica,sans-serif; font-size: 12px;">You can have mediation if you do not agree with the LEA’s actions.
 * <span style="background-color: #ffffff; color: #333333; font-family: Arial,Helvetica,sans-serif; font-size: 12px;">You can file a complaint about your child’s identification, evaluation, placement (including expulsion), or services or about changes to your child’s IEP without a parent’s approval. || [|Link] ||
 * Neal || Petersen || Teacher Tenure -
 * Kayla || Plimpton || Academic Freedom and Tenure-
 * Academic Tenure-** After the expiration of a probationary period, teachers or investigators should have permanent or continuous tenure, and their service should be terminated only for adequate cause, except in the case of retirement for age, or under extraordinary circumstances because of financial exigencies. **Academic Freedom-** Teachers are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment. || [|Link] ||
 * Kahryn || Ragsdale || Freedom of conscience or freedom of thought-
 * Dawn || Ruhlman || Freedom of Expression-
 * In 1969 in //Tinker v. Des Moines Independent Community School District// the Supreme Court held that students in public schools - which are run by the government - do not leave their First Amendment rights at the schoolhouse gate. This means that you can express your opinions orally and in writing - in leaflets or on buttons, armbands or T-shirts.
 * You have a right to express your opinions as long as you do so in a way that doesn't "materially and substantially" disrupt classes or other school activities.
 * It depends on what state you live in. In some states, students can wear their hair any way they want as long as it's not a safety hazard (like if your hair is very long, you have to tie it back during a science experiment). || [|Link] ||
 * Ashley || Ruud || Freedom From Unreasonable Search and Seizure || Link ||
 * Sijing || Tian || Freedom of Conscience-
 * Angela || Wagner || Continuing Employment an d Tenure -
 * Christina || Warnke || Freedom of Religion in schools-
 * Brianna || Wingen || The Right to Privacy-