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    Speak Up! - View Question #464

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    Question: I was suspended from school for fighting. My dad said its constitutional right to go to school. Is he right?

    Answer: No, there is no constitutional right to an education. The United States Constitution does provide many protections for civil rights, such as the right to free speech and the free practice of religion. However, there is no specific constitutional protection for the right to education. Education is a benefit and one that can be taken away.

    But with that said, once the government decides to provide schooling, they must do so in a constitutional manner, such as allowing you to give your side of the story if they were to permanently expel you. This is referred to as Due Process of Law.

    In your case, the school is likely under a legal duty (or obligation) to suspend you for fighting, because they are required to keep order and ensure the safety of other students. It's best for all of us in the United States not to take education for granted. It is a benefit that we can loose if we don't follow the rules.

    1 thru 4 of 4 comments    [ 1 ]   
    On 01/27/06
    from PA said:
    My son was attacked by two boys in school he is 12 years old. He defended himself and pushed one boy out of his way because he was cornered the boy pushed back and a fight ensued. Two boys on one, they first were verbal and my son stated to them to leave him alone and began to walk to his locker they followed him and both hit him when he defended himself the school gave him an in school suspension for fighting. Is a child not to exercise their right to defend themself from bodily harm?
    On 04/19/04
    Drago from TX said:
    No. As soon as you enter the school alot of your rights are then non-existent. You're under the jurisdiction of the school. It's their call.
    On 03/12/04
    jen from AZ said:
    I got suspended for fighting at school the other day when she threw the first punch and initiated
    On 01/11/02
    mel from Othe said:
    i am from the uk in ways your dad is right is there a particular reason for u fighting if not just stop it and then your dad wont need 2 tell u that it is right 2 go to skool cos u will b at skool
    1 thru 4 of 4 comments    [ 1 ]   

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