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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

Comments
1 thru 5 of 26 comments
On 11/19/08
Mitchi from AZ said:
I mean its not fair why do schools do that its not fair like why are you going to take education of of a person who should be learning but instead is in hte streets cuz he got expelled i think its one of the stupidest rules or wat ever cuz u takin smarts of who people who really need it
On 10/02/08
LM from MI said:
If we expell students who demonstrate bad behavior, they will just end up on the streets and the cycle will continue. They will have even more free time to do wrong. Those students are the ones who need school the most. We should create a system for them in which they are not endangering others, but can still go to school.
On 11/07/06
Portia from NC said:
It is a LAW that people MUST go to school until they are 16, a LAW. It really isn't a right, you have the chance to go to school after you are 16 if you want. What I don't understand is how people can do things they know they are not aloud to do, then when they get the consequences which they have known about all along, they whine and complain.
On 05/18/04
Josh Colter from CT said:
Why do we get kicked out it is so wrong teachers want us to learn but if we are expelled we don't learn very much.
On 03/19/04
Xanierre from Othe said:
I totally agree. I am from the country of Belize, Central America, and I agree that while in school, students have a responsibility to themselves, as well as to the school. If they prefer to do things that can cause expulsion, then they do not want to learn, and should be somewhere else. Learning is very important and therefore it should be taken seriously. Why have students that are just wasting money to be there, when there can be someone else that deserves that opportunity?
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