ABSTRACT

Chapters 4 and 5 consider legal issues relating to the school’s control of student conduct. A theme that runs through both chapters is the tension between the school’s need to maintain an orderly environment and students’ rights as citizens and human beings. This chapter examines the nature and scope of student speech rights in the custodial and tutelary context of public schools. Public schools are distinct institutional spaces within which school officials need to maintain an orderly learning environment to promote student learning and fulfill certain educational goals. Chapter 5 considers the school’s proper response when students misbehave.