School Law

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“A Teacher’s Pocket Guide to School Law” is a book written by Nathan Essex that focuses on the rights of students and teachers as well as what the students and teachers do to ensure their rights protection. Under the first amendment which talks about the freedom of religion, press and expression and speech. The amendment states that there is no law with regard to an establishment of religion, shortening the freedom of speech or press or forbidding the free exercise thereof or people’s right peaceably to assemble. In this case, the duty or religion, which we oblige to our creator and the way we bring it out, can be guided only by our reason and conviction, and not through forcing any person or violating an individual over the issue. This means that all people have equal, unalienable and natural right to religion exercise in accordance to the determination and that no specific society has to be favored or developed by law in preference to other people. The amendment also emphasizes on freedom of speech and expression where it states that no person has the right to stop another person to speak and express him or herself. According to the book, “A Teacher’s Pocket Guide to School Law”, teachers and students have the right to worship their creator in any way they wish because the government has no right to develop a national religion or restrict any person on worship matters. Therefore, the rights of teachers and students concerning religion are protected both at school and outside school. The school boards and administrators have a duty to respect the constitutional rights of students and teachers concerning religion.

The book also states that teachers and students have a right for out-of-school speech activity concerning matters that mostly takes place in a public forum. Such speeches are somehow wide, but those that take place within the school are limited and controlled. According to Essex, teachers also have liberty and property attention that must be preserved. However, a liberty or property right is more extensive to the permanent teachers than to the temporary pedagogues. The Constitution also respects teachers as “state actors” especially when they act in conjunction to students thus their actions becomes “under color of the state” properly covered by the US Constitution. Therefore, as a state actor, a tutor is also branched to a suit outlined in the Section 1983 of the Civil Rights Act of 1871.

Moreover, the Fourth Amendment to the US Constitution provides every person with the right not to be subjected to awkward and unfair search and attack. This mostly applies when an individual require reasonable privacy. This amendment provides people with the right to be safe in their houses, persons, papers and effects against unfair searches and seizures that shall not be dishonored, and no guarantee shall provide, but upon possible cause, enhanced by affirmation or Oath and exceptionally defining the place to be searched and the individuals or things to be confiscated. Besides, the Amendment also states that any form of harassment or bullying students and teachers by the school board or any outside person is a violation of their rights. Essex states that the Constitution also protects students against sexual harassment and seizure. According to the US Supreme Court, the Constitution prohibits on irrational searches that are relevant to public school employees in dealings with students. The function of the school board, therefore, is to ensure the rights of students and teachers are respected by all parties. If their rights are violated, the board comes in and takes the matter to the court to ensure justice is achieved.

The book “A Teacher’s Pocket Guide to School Law” clearly implies that the teachers and students in schools are fully protected by the United States Constitution. If the school district violates the rights of students or teachers, they may report the matter to the administrators or the school board as written in Section 1983 of the Civil Rights Acts of 1871.

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