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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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| 6 thru 10 of 26 comments |
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On 01/28/04
Jannah from FL said:
Most people are expelled for doing really stupid things like endangering other students, having drugs on campus, etc... You do have a right to a free education, but you do not have the right to endanger others in the proccess, whether it be physical or otherwise. One cannot coinside with the other, so you have a choice. Behave in school, or be a bad a$$ outside of it. Other punishments like in school suspention are used for more minor offenses. Why don't you just behave yourself and not worry about it?
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On 01/05/04
Austin from WA said:
Its not a right. Its not a priviledge. Its not a free education. Its a FORCED education.
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On 01/03/04
Yeah from NC said:
I'm going to have to agree with Alexis on this. You can't call something a privilege when it is a mandatory law to attend school. That's like what we had/have in North Carolina: mandatory "volunteer serivice hours", or mandatory community service (50 hours added to the other requirements to graduate highschool), as they changed the title to sound less stupid.
Don't get me started on things that make no sense though....
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On 12/03/03
Rupert from MI said:
Other students feel that they own the school. They take advantage of the PRIVILEGE that has been given to us. I feel education is a privilege because our constitution never gives us the RIGHT to education. It is a privilege provided to us by our past generations and should be treated in a way that resembles this.
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On 12/03/03
Mike from MI said:
I am a student and i hate it when other kids think they can do what they want and maybe get punished a little bit but in the end nothing bad. i want to learn and i have worked my head to be sucessfull and a kid who thinks he owns the world and doesn't work, doesn't care, and isn't going to change, is not what i think should be allowed in school. only people who want to be there should, and people who don't shouldn't, but once they realize that education is important then they can come back.
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