 |
Speak Up! - View Question #483 |
|
| « LawForKids.org home page | « Go back to speak up question #483 |
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 |
| 21 thru 25 of 26 comments |
On 05/05/03
April from VA said:
I would like to say that I think that learning is a privilage. A person doesn't have to be in school if they don't want to. It's called drop out. If a student is gonna go to school and disrupt a class they should not even be there. They are taking away the learning time for the students who want to get a good grade and want to learn. I think that if someone does bad they need to be punished cause if they arn't then they will think it is ok and do it repeatedly.
|
On 03/12/03
John from MI said:
You said it, "Ignorant", and it's YOUR job to change the ignorance to intelligence. You need to see them as a challenge instead of a problem. After all, without "THEM" YOU wouldn't have a job, and none of us would have a future. Try ONE time to take a specific interest in just ONE of these "Ignorant" children and let them know that YOU will not give up regardless of what they do. Start to look at them as your own child and you will make a difference in that "Ignorant" childs life. It will change, I promise you. But the only way it works, is that YOU CANNOT give up no matter what. Keep re
|
On 03/12/03
John from MI said:
If in fact, Education were a priveledge as opposed to a right, then why couldn't the educational system down south in the 60's exclude blacks? After all, you say they had NO RIGHT to the educational system. It's a priveledge you said. And priveledges do not have to be afforded to everyone.
Just something to think about
|
On 01/12/03
IDC from CT said:
If skipping wasn't punished who would go to school
|
On 01/08/03
teacher from CA said:
when is it going to become evident that students need to take the responsibility of their own actions. As a teacher i see manipulation everyday comin g from the students in my class. they think of school as another place that they are forced to attend. why then are they required to be there. why should i waste my time with some ignorant child who cares nothing for themselves or for others. because that is what freedom is all about. we have the right to do things we wnat and then reep the coniquences.
|
| 21 thru 25 of 26 comments |
|
|
| Read more about the law and School |
|
| « LawForKids.org home page | « Go back to speak up question #483 |
|