Constitutional law and public schools

  • 1.
    Which key US.
    Constitutional admendments have a bearing on the operations of public schools?First, fourth, fifth, and fourteenth
  • The Equal Protection Clause of the 14th Amendment provides that a state may not “deny to any person within its jurisdiction the equal protection of the laws.” It applies to public elementary and secondary schools, as they are considered to be state actors.Apr 20, 2017
Apr 20, 2017The law requires public schools to provide all students with disabilities with a Free and Appropriate Public Education (FAPE). It also prohibits 
At its core, this book argues that the public school has served as the single most significant site of constitutional interpretation within the nation's history 
Des Moines Independent. Community School District,4 the case law focused more on the racial con- flict and the demand for equal education than it did on 

Did the Supreme Court honor students' constitutional rights?

It's a marvelous opinion

That's the first real instance where the Supreme Court honored students' constitutional rights within the nation's public schools

It was an open question at the time as to whether this violated the Constitution

At the time of Gobitis, in 1940, schools in 15 different states were expelling students

Does the First Amendment apply to public schools?

Since public schools and public libraries are public institutions, they are bound by the obligations imposed by the First Amendment as well as many other provisions of the Constitution

However, as this manual will make clear, the First Amendment applies somewhat differently in schools than it does in many other public institutions

B

What rights do students have in public schools?

That is to say, it's impossible to understand public schools if you don't know the background of constitutional rights that have shaped the nation's public schools

Students have, of course, free speech rights

There are rights involving due process

There are criminal procedure rights

There are equal protection rights at issue


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Taking constitutional law
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Post constitutional law
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