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LEGAL RIGHTS OF SECONDARY SCHOOL CHILDREN CHARGED WITH AN ACT OF DELINQUENCY OR VIOLATION OF SCHOOL LAWS

NCJ Number
51409
Author(s)
P PIERSMA
Date Published
1972
Length
63 pages
Annotation
LEGAL ASPECTS OF SCHOOL RULES, REGULATIONS, AND DISCIPLINARY POLICIES ARE DISCUSSED AND THE JUVENILE COURT PROCESS IS EXAMINED IN A MONOGRAPH DIRECTED TO COUNSELORS AND OTHER SCHOOL PERSONNEL.
Abstract
THE PURPOSE OF THE MONOGRAPH IS TO CONTRIBUTE TO AN UNDERSTANDING OF THE COURT SYSTEM AS IT RELATES TO JUVENILE OFFENDERS AND TO CREATE AWARENESS OF THE LEGAL RIGHTS AND PROTECTIVE MEASURES AVAILABLE TO HIGH SCHOOL STUDENTS. PART I OUTLINES THE DEVELOPMENT OF THE LAW CONCERNING THE AUTHORITY OF LOCAL BOARDS OF EDUCATION, THE REASONABLENESS OF SPECIFIC RULES AND REGULATIONS, THE EXERCISE OF SUSPENSION AND EXPULSION, AND THE NEED FOR SCHOOLS TO ADOPT REASONABLE RULES AND DISCIPLINARY POLICIES THAT WILL STAND UP UNDER COURT REVIEW. THE DOCTRINE OF IN LOCO PARENTIS, THE REGULATION OF CHILDREN'S ACTIVITIES, FREEDOM OF SPEECH, DRESS AND APPEARANCE REGULATIONS, STUDENT MARRIAGE AND PREGNANCY, AND THE RIGHT TO A HEARING PRIOR TO SUSPENSION OR EXPULSION ARE DISCUSSED, WITH REFERENCES TO COURT DECISIONS AND IMPLICATIONS FOR SCHOOL PERSONNEL. PART II EXAMINES THE PROCEDURES OF THE JUVENILE COURT, ADDRESSING SPECIFIC PROCEDURAL QUESTIONS AND CRITICISMS OF THE JUVENILE COURT SYSTEM (THE INFORMALITY OF PROCEDURES, STIGMATIZATION OF CHILDREN BY COURT ACTION, TEMPORARY DETENTION PRACTICES, FAILURE TO PROVIDE EFFECTIVE TREATMENT, PERSONNEL PROBLEMS). ATTORNEY PARTICIPATION IN DELINQUENCY PROCEEDINGS IS DISCUSSED, AS ARE DECISIONS BY JUVENILE COURT INTAKE PERSONNEL. WAYS IN WHICH COUNSELORS, TEACHERS, AND OTHER SCHOOL PERSONNEL MAY DEAL WITH TRUANT, INCORRIGIBLE, OR OTHERWISE PROBLEMATIC CHILDREN ARE SUGGESTED. A MODEL HIGH SCHOOL DISCIPLINARY CODE IS APPENDED. (AUTHOR ABSTRACT MODIFIED--LKM)