MODULE 6 || §4.2 BALANCING THE INTERESTS (pg 139-140) Flashcards Preview

EDU 210-O1 NEVADA SCHOOL LAW > MODULE 6 || §4.2 BALANCING THE INTERESTS (pg 139-140) > Flashcards

Flashcards in MODULE 6 || §4.2 BALANCING THE INTERESTS (pg 139-140) Deck (3)
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1

PRIVILEGE DOCTRINE

At one time it was believed that to attend school was a privilege and that virtually any school rule or regulation constraining a student's conduct was valid.

2

IS THE PRIVILEGE DOCTRINE STILL VALID TODAY?

No.

The courts recognize that students do not "shed their constitutional interests when they enter a schoolhouse door."

An environment for learning requires that student conduct be regulated.

It's obvious that a student cannot be permitted the personal freedom to come and go at will or to ignore reasonable rules such as to be quiet in a library.

3

"BALANCE OF INTERESTS" TEST

In order to balance the constitutional rights of pupils against the necessity for order, peace and quiet, the courts have promulgated the "balance of interests" test.

This test is the heart of the decision in Tinker v. Des Moines Independent Community School District.

Tinker: school rules and regulations should be based on a determination of the school's legitimate interests. If the purpose for a rule or regulation is unclear or non-existent, then there should be no rule.

Teachers and administrators must examine their policies to determine their legitimacy.