Janet R. Price - The rights of students: the basic ACLU guide to a students rights

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Page i Janet R. Price is director of the Manhattan Borough President's Task Force on Education and Decentralization. She is the former managing attorney for Advocates for Children of New York, Inc. an organization that provides advocacy for New York City public school students. She has also served as a member of the Board of the National Coalition of Advocates for Students and was a 198687 Revson Fellow for the Future of the City of New York, at Columbia University. Alan H. Levine, a constitutional lawyer, is a partner in the New York law firm of Steel Bellman and Levine. Formerly a staff attorney with the New York Civil Liberties Union and director of its Student Rights Project, Mr. Levine has taught constitutional law and has written, lectured and litigated in the area of student rights as well as in other areas of constitutional law. He is a member of the board of directors of the New York Civil Liberties Union and Chairperson of the Board of Directors of Advocates for Children. Eve Cary, a former staff attorney at the New York Civil Liberties Union and senior supervising attorney at the Criminal Appeals Bureau of the Legal Aid Society in New York City, now teaches at Brooklyn Law School. She is the author of The NYCLU Guide to Women's Rights in New York and is co-author of a textbook on sex discrimination, Woman and the Law. She is a member of the Board of Directors of the New York Civil Liberties Union.

Page ii Also in this series THE RIGHTS OF AUTHORS AND ARTISTS by Kenneth P. Norwick, Jerry Simon Chasen, and Henry R. Kaufman THE RIGHTS OF CRIME VICTIMS by James Stark and Howard Goldstein THE RIGHTS OF EMPLOYEES by Wayne N. Outten with Noah A. Kinigstein THE RIGHTS OF GAY PEOPLE by Thomas B. Stoddard, E. Carrington Boggan, Marilyn G. Haft, Charles Lister, and John P. Rupp THE RIGHTS OF PRISONERS by David Rudovsky, Al Bronstein, and Edward I. Koren THE RIGHTS OF SINGLE PEOPLE by Mitchell Bernard, Ellen Levine, Stefan Presser, and Marianne Stecich THE RIGHTS OF TEACHERS by David Rubin with Steven Greenhouse THE RIGHTS OF WOMEN by Susan Deller Ross and Ann Barcher THE RIGHTS OF YOUNG PEOPLE by Martin Guggenheim and Alan Sussman YOUR RIGHT TO GOVERNMENT INFORMATION by Christine M. Marwick

Page iii AN AMERICAN CIVIL LIBERTIES UNION HANDBOOK The Rights of Students THE BASIC ACLU GUIDE TO A STUDENT'S RIGHTS THIRD EDITION Janet R. Price Alan H. Levine Eve Cary General Editor of the Handbook Series: Norman Dorsen, President, ACLU SOUTHERN ILLINOIS UNIVERSITY PRESS CARBONDALE AND EDWARDSVILLE

Page iv Copyright 1988 by the American Civil All rights reserved Printed in the United States of America 00 99 98 97 7 6 5 4 Library of Congress Cataloging-in-Publication Data Price, Janet R. The rights of students. (An American Civil Liberties Union handbook) Rev. ed. of: The rights of students / Alan Levine, with Eve Cary and Diane Divoky. Bibliography; p. 1. StudentsLegal status, laws, etc.United States. I. Levine, Alan H. II. Cary, Eve. III. Levine, Alan H. Rights of students. IV. Title. V. Series. KF4150.P75 1988344.73'079387-9890 ISBN 0-8093-1423-1347.304793

Page v Contents Preface vii Acknowledgments ix Introduction xi I. The Right to a Free Public Education 3 II. First Amendment Rights 11 III. Personal Appearance 37 IV. Discipline and Due Process 46 V. Law Enforcement and Searches 80 VI. Corporal Punishment 91 VII. Tracking and Competency Testing 97 VIII. Students with Handicapping Conditions 107 IX. Sex Discrimination 123 X. Marriage, Pregnancy, Parenthood 128 XI. School Records 135 XII. Grades and Diplomas

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