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Speak Up! - View Question #483 |
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Question: Why isn't expulsion illegal if everyone has the right to learn?
Answer: Expulsion is legal, because education is a privilege, not a right.
There is a common feeling in the United States that we have a 'right' to an education. The concept of a 'right' means something that is protected and guaranteed to everyone. However, the United States Constitution does not include a right to education among the Bill of Rights (the first ten amendments to the US Constitution). The Supreme Court of the United States has also never found a right to education within any of the other rights guaranteed by the Constitution. Instead, the Supreme Court has classified education as a 'privilege', which means something that is available to people generally, but can be taken away.
As with all privileges, the Supreme Court requires that care be taken before taking away a person's educational privileges. This care is called 'Due Process' and means that before a student can be expelled, the reasons must be explained to him (or her) clearly and he must be given an opportunity to explain his side of the story. So long as
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| 11 thru 15 of 26 comments |
On 12/02/03
Shaun from NY said:
Students are compelled to attend until they are of an age to decide that they no longer need education. With respect to due proccess, not student is expeled without it, for expulsion cannot occur without going first through the principal, then the superintendant. If a student still disagrees, they may apeal to the school board, and if they are still unsatisfied they may take it to a court of law. Students may be denied the privelage of education if they ose a substantial disrution to the education of others, or are a danger to their fellow students. These children may receive further educat
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On 11/15/03
Tim from AZ said:
First the government has to give you and education because it is a law but way to try and answer the question that is why they have reform school that when you are expelled you attend. Also you can kick them out all you want but this just cause people on the street and my tax dollars pay to give them a welfare check so you might as well make them useful and do something.
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On 11/14/03
alexis from AZ said:
it is obviosly not a privalige if we HAVE to go to school and are not allowwed to drop out till we are 16???!!!! now tell me it is a privalage?!?!?!
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On 11/08/03
Andrew from ID said:
Students are sometimes denied due process and expelled. Students do not have a right to question thier accusers. Even if they deny what they've been accused of, they have no way to prove that the accusation was malicious. Schools play the game of Guilty until proven Innocent, especially when its under the table, a.k.a. suspension.
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On 09/23/03
unknown from AZ said:
if people say education is a right then why dont poor and disadvantage people get the chance to learn??? i think education is not a privledge because it is compulsory to attend school up until year ten. think about it....
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