The Rights Of Public School

Every American citizen’s basic rights are protected by The Bill of Rights, however do these same rights apply to students of public schools? Students attending public schools are not protected by the rights guaranteed by the bill of rights. Aspects of the first amendment, fourth amendment, and eighth amendment do not apply to public schools. American citizen’s right of freedom of expression is a very import part of The Bill of Rights and is deprived of many students in public schools.

Religion is one of the most controversial issues in society today. The concern of allowing prayer in schools is an on-going debate and has resulted in numerous lawsuits. Religious school clubs, after school activities, curriculums, and moments of silence during school are just a few of the court cases that judges have administered. People in favor of prayer in schools believe that their children can only learn certain values through religious practice. On the other hand, an individual against religious practice in schools views this issue as an infringement on his or her children’s rights as Americans.

Constitution's First Amendment requirement that the District neither establish religion in the schools nor prohibit students’ free exercise of religion according to pertinent interpretation and application of those constitutional provisions by the courts. Any religious characters need to conform to policy 8800” (Markesan District School, 2013). “Decisions of the United States Supreme Court have made it clear that it is not the province of a public school to advance or inhibit religious beliefs or practices” (Markesan District School, 2015). Under the First and Fourteenth Amendments to the Constitution, this remains the “inviolate province of the individual and the church of his/her choice. The rights of any minority, no matter how small, must be protected. District staff members shall not use prayer, religious readings, or religious symbols as a devotional exercise or in an act of worship or celebration” (20 U.S.C. 4071 et seq.) (Markesan District School, 2015). Having examined the Markesan District School First Amendment related to this topic the next step is to conclude my research on this topic.

Since the founding of America, there has been concern with the church manipulating government. The separation of Church and State was to make sure the church did not become more powerful than government. In spite of wanting a separation of church and state, The United States of America became one nation under God. The earliest test of the separation of church and state with respect to education is McCollum versus Board of Education. This was a landmark case the United States Supreme Court in 1948 ended the power of a state to use its tax-supported public school system in aid of religious instruction. “The court case which prohibited the state from sponsoring specific prayers in public schools was Engel v. Vitale, decided in 1962 by an 8-1 vote.” (Cline p) It is unconstitutional to compose a school prayer and make students repeat it daily. Although these cases protect our religious freedoms, there is some fear that expelling God from public school has adverse effects. God can still be present; teachers can lead by example and teach behaviors and ethics that

The First Amendment is designed to protect all citizens by giving them the right to express themselves in different ways. In doing so, we still have to be careful on how we do it. Students have the right to express themselves as long as it does not cause any disruption. In my school district, we abides by the First Amendment by not forbidding all mention of religion in the school system (Pamlico County Board of Education, 2015). The only part that is prohibited is the advancement or inhibition of religion (Pamlico County Board of Education, 2015). My school district feels that there’s nothing unconstitutional about using religious subjects or materials as long as it is in compliance to the neutrality of the education program (Pamlico County Board of Education, 2015).

Freedom of Religion means that the government can’t force you to accept only one set of religious beliefs or the way you worship. You can worship your own way and have your own religious beliefs as long as they don’t violate other people's rights. Today this is a very big debate when it comes to prayer and schools. Several cases have been brought to the Supreme Court about this and whether students have the right to pray in class or if the prayer would interfere with another student’s rights.

As documented in the book “The Immortal Life of Henrietta Lacks” written by Rebecca Skloot, Henrietta lived her childhood in the segregated rural south. There was no real inspiration for her to attend school, much less develop a strong interest in getting a formal education. Segregation contributed to a cycle of oppression and poverty that affected Henrietta’s knowledge, and quality of life. The unfair early education laws, impaired all black children’s potential to learn, and negatively affected their confidence. America has laws that intend on producing, equal education for all children regardless of economic circumstances, race, religion, or academic ability level. On the other hand, a studied by the Civil Rights Project at Harvard University, find that “public school, especially in the south, is becoming re-segregated at a surprising level.”(Hancock Jones) Today there is evidence that suggest public education still needs equal protection reform in order to give all children a high quality education.

For centuries, the debate has existed whether or not to allow prayer in public schools. Many Americans feel it is not right of the schools to teach religion. With all the diversity associated with the United States, public schools cannot select one standard religion to practice, due to the cultural and religious differences in the country. Not only are schools the storm center of controversy involving religious differences, they are the principal institution charged with transmitting the identity and mission of the United States from one generation to the next. If we fail in our school policies and classrooms to model and to teach how to live with differences, we endanger our experiment in religious liberty and our

I concur the first amendment protects students right to express themselves in various distinctive school environment such as during discussions, and interaction with their peers. Moreover, public schools cannot prevent student’s ability to pray and learned about diverse religion in the curriculum.

he question of religious involvement in public education has been a controversial topic since before America was a country. Thomas Paine, one of our founding fathers, expressed, “As to religion, I hold it to be the indispensable duty of the government to protect all conscientious protesters thereof, and I know of no other business government has to do therewith,” (“20 Quotes”). While the separation of church and state was a necessity made clear by Thomas Jefferson in the first amendment of the Constitution, the question differentiating freedom of religion and freedom from religion remains intangible. The public university of Arkansas State confronted this debate in September of 2014 after the death of two of its esteemed football team associates.

The subject of student rights has caused a lot of confusion and anger for decades now. There are two different sides that everyone seems to fall into. Some people want the constitutional rights of students to be fully protected within the school. The other side believes that, as a public institution, schools should regulate what is said or done by students to protect everyone involved. This is where it gets confusing, because it is hard to draw the line between what is allowed or not. The three most interesting topics that I chose to cover are a student’s right to free speech, religion within the school and student privacy.

Although it is not advertised in a positive light, the Constitution does allow for religious activity in the public schools. Unfortunately, this aspect of constitutional law is not as well-known as it should be. It is a common misconception that the Supreme Court has declared the public schools "religion-free zones" – which is simply wrong, or some claim that the law is so murky that school officials cannot know what is legally

The First Amendment to The U.S Constitution, which states freedom of religion, in this case in the school setting

In an article called “A (Friendly) Conversation About Religious Freedom”, it says, “Religious Freedom means an individual has an absolute right to express their beliefs…” This proves that students can talk about and express their beliefs because they have the right to. In an article by Olivia Godfrey called “Why Religion Should Not Be Taught in Public Schools” she says, “For example, many people who do believe religion should be taught in public schools argue that they have ‘freedom of speech’...”. Many people believe this because it is granted to them by the first amendment.

Religion in Schools has proven to be a very controversial matter as of lately. Even though teaching about religion is allowed in public schools, there are still many questions that are being asked in order to provide a basis of what is appropriate for school, and what is inappropriate. The first amendment to the United States Constitution says that 'congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof' which implies that you have the choice of exercising your own religion, no matter what it may be. However, this poses an interesting argument within the public schools of America because we have such a diverse population with