Balancing Student Rights and the Need for Safe Schools

Abstract

The purpose of this study was to examine if school safety and security can be maximized without reducing student rights and freedoms. A review of school violence literature supports the early research on how schools should respond to school violence. An analysis of court cases that have arisen from legislative and school responses to school violence concludes that student rights continue to be challenged, and that cyber-speech cases are an unsettled and growing area of litigation. Students today are affected by tragic school shootings and the aftermath of the September 11, 2001 terrorist attacks. School districts face a dilemma as they attempt to balance the issues of school safety and student rights. This study is concerned with school districts' enforcement of new laws and policies written in response to school violence. While it is easy to understand why school officials are obligated to provide student safety, a more subtle and yet impassioned argument exists for the school officials to also be guardians of student liberty. As school officials attempt to balance the rights of students with the need for safe schools, they face significant challenges. The implications for school personnel are far-reaching, and administrators should take into consideration the fact that students face violence both at school and away from school. Analyzing what programs and policies are in place in schools reveals what works and does not work to prevent school violence. Most studies discredit zero tolerance policies, as well as support anti-violence programs that do not diminish student rights. School administrators need guidance that helps them make decisions that protect their students and additional guidance to help them make decisions that respect student rights. The concern of striking the proper balance of school safety and student freedom should be a part of the consideration when implementing school safety programs. Educators wishing to develop school environments that keep students safe without taking a toll on student freedom have research and resources to turn to.