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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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