Student Rights in High School: Balancing Student Privacy and Confidentiality against Distraction

To what extent do high school students have rights and the protection of due process? Apart from political expression and the rights of schools to censor student publications or even clothing that images inappropriate messages, schools must deal with the rights of students on a daily basis. In most cases, this involves disciplinary action or the investigation of student complaints. As more systems enact programs to protect the well-being of students, such as drug and alcohol testing, the rights of students are often raised to new levels of legal liability.

Protecting the Rights of Students

A student is missing from a class because another teacher has requested the student to finish a project or perhaps do additional work in the school media center. The teacher of the missed class reports the student to administration as “cutting the class” and may, depending on school policies, issue a disciplinary referral, demerits, or some other written form that carries precise punitive actions.

While it is hoped that administrators will see the injustice represented by the teacher’s actions, this is not always the case. Students frequently find themselves without recourse, caught in a tug-of-war between feuding teachers and/or uncaring administrators.

Every school should have a grievance procedure for students to follow. This could be as elaborate as a student court or as general as a hearing before members of either the school Student Council or National Honor Society.

More serious issues arise when, for example, the immediate results of drug and alcohol tests are inadvertently made public, damaging the student’s privacy. Much of what goes on in administrative wings is confidential, whether that involves student grade reports, standardized test results, and college placement information. The right of privacy does not end at the school house door, provided that it refers to student academic and disciplinary files.

Schools have the right to check student lockers. They have the right to call in police “sniff dogs” to isolate potential illegal substances threats. If they follow appropriate legal guidelines, they can look through backpacks. Too often, however, school administrators see these actions as an open door covering all student activity.

Fear of Retribution

Both students and parents are loathe to report bad or inappropriate classroom instruction or the repeated incompetent actions of weak teachers for fear of retribution. This enables teachers to continue negative and often hurtful practices for years. Few administrators react to parental complaints regarding individual teachers unless it involves overt misconduct. Complaining students are often marginalized as malcontents or “grade-grubbers” who are attempting to circumvent challenging assignments or heady expectations.

Without resorting to the proverbial witch-hunt, learning communities need to establish clearly defined grievance procedures and appoint an ombudsman to mediate or arbitrate serious complaints whether they are significant disciplinary issues or classroom observations. Administrative teacher observations seldom corroborate classroom complaints as most teachers, when observed, will exercise extreme diligence.

Eliminating such issues while promoting student rights will result in a healthier learning environment, garner mutual respect, and channel energies into more productive endeavors. Although the rights of students within a learning community are limited – a principle reinforced by numerous court decisions including the Supreme Court, students should be protected by rights affecting their privacy, due process, and appeal.

Apr 8, 2009 5:22 AM

Guest :

I can relate to this article. I'm from Australia my son is attending High School he is in IM it is a class for children with issues and intellectual disabilities my son has an intellectual disability. His teacher is nit picking him and other students criticising thier imperfections. His teacher is a perfectionist has a problem C.O.D and it is inflicting on the students of this class. The problem has gotten to the extent that my son and others are lashing out angrily cursing and abusing her. This teacher is in denial and sees it that the students are at fault and has labelled them as being disruptive and violently aggressive. this teacher say's things to them to provoke them into these abusive outbursts and when the situation needs to be investigated the teacher ends up denying ever saying such a thing. so the child is left even more frustrated. The Principal and Deputy's are in support of this teacher making the excuses of "this class is the most difficult class in the school" and "the teacher is very stressed because of the multiple behaviours and personalities needed to be tended to". It is still not fair that the school has decided to keep this teacher in this class so she can get used to teaching these types of students until she is used to them in the mean time my son's right's of well-being and other students too are being violated and not one of the staff wants to contest her teaching technique's she is mentally abusung these children i see it through my son. WHAT CAN I DO? my son needs his schooling he is 14 yrs old and he can't read his average book for his age, he can't read the pointers and tips that is written on the screen when he plays the xbox or sony, I have to read them. My son can't write a full sentence from the top of his head he needs it to be written down so he can copy. He can write simple words single words. This teacher is forcing him out of the school. He has been suspended over telling a toilet paper joke while in class. He now is suspended for doing a job for her putting holes in the side of paper mache masks to tie ropes through them to hang up in the class room. she critisised him by the way he was doing it and had him suspended for defacing them. I need help some advice on what to do which way do i turn?