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Encyclopedia > In loco parentis

The term in loco parentis, Latin for "in the place of a parent", refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from British common law, it is applied as a broad provision allowing such institutions to act in the best interests of the students as they see fit, allowing what would otherwise be considered violations of the students' civil liberties. Image File history File links Gnome-globe. ... Latin is an ancient Indo-European language originally spoken in Latium, the region immediately surrounding Rome. ... A parent is a father or mother; one who begets or one who gives birth to or nurtures and raises a child; a relative who plays the role of guardian // Mother This article or section does not cite its references or sources. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil liberties is the name given to freedoms that protect the individual from government. ...

In United States law

American courts primarily apply the doctrine of in loco parentis to educational institutions.

The first major limitation to this came in the U.S. Supreme Court case West Virginia State Board of Education v. Barnette (1942), in which the court ruled that students cannot be forced to salute the American flag. More prominent change came in the 1960s and 1970s in such cases as Tinker v. Des Moines Independent Community School District (1969), when the Supreme Court decided that "conduct by the student, in class or out of it, which for any reason - whether it stems from time, place, or type of behavior - materially disrupts classwork or involves substantial disorder or invasion of the rights of others is, of course, not immunized by the constitutional guarantee of freedom of speech." Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The Supreme Court of the United States (SCOTUS) is the highest judicial body in the... Holding The First Amendment prohibits public schools from forcing students to salute the American flag and say the Pledge of Allegiance. ... Union Jack. ... The 1960s decade refers to the years from January 1, 1960 to December 31, 1969, inclusive. ... The 1970s decade refers to the years from 1970 to 1979, also called The Seventies. ... Holding The First Amendment, as applied through the Fourteenth, did not permit a public school to punish a student for wearing a black armband as an anti-war protest, absent any evidence that the rule was necessary to avoid substantial interference with school discipline or the rights of others. ... Freedom of speech is the concept of being able to speak freely without censorship. ...

Many provisions of in loco parentis have been upheld over time. New Jersey v. T.L.O. (1985) upheld the search of lockers and other personal space while on school property, indicating that students are not afforded the same rights as adults in other settings and stating that while acting in loco parentis, school officials are still representatives of the state. In Hazelwood School District v. Kuhlmeier (1987) the Supreme Court similarly ruled that "First Amendment rights of students in the public schools are not automatically coextensive with the rights of adults in other settings, and must be applied in light of the special characteristics of the school environment" and schools may censor school-sponsored publications (such as a school newspaper) if content is "...inconsistent with its basic educational mission." Other student issues, such as school dress codes, have not yet been tested in the Supreme Court. This article contains information that has not been verified and thus might not be reliable. ... Holding The Court held that public school curricular student newspapers that have not been established as forums for student expression are subject to a lower level of First Amendment protection than independent student expression or newspapers established (by policy or practice) as forums for student expression. ... The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Clothing has various sociological functions, including: conspicuous consumption stating or claiming identity establishing, maintaining and defying sociological group norms Thus wearing specific types of clothing or the manner of wearing clothing can convey messages about class, income, belief and attitude. ...

Private institutions are given significantly more authority over their students than public ones, and are generally allowed to arbitrarily dictate rules. In the Kentucky State Supreme Court case Gott v. Berea College, it was upheld that a "...college or university may prescribe requirements for admission and rules for the conduct of its students, and one who enters as a student implicitly agrees to conform to such rules of government", while publicly funded institutions could not claim the same ability. The Kentucky Supreme Court was created by a 1975 constitutional amendment. ... Gott v. ...

  Results from FactBites:
Overview of Loco Parentis (531 words)
However, it should be noted courts have permitted application of in loco parentis but have limited it to reasonable punishment in light of circumstances such as the nature of the infraction, method of discipline, and the age of the student (Zirkel and Reichner, 1987).
While the 1960's were seen as a decade in which the mission of the school and the relationship between the student and the educational institution was challenged, the concept of in loco parentis remains very much alive and well in schools while in a significantly more challenging context.
Schools are finding positive and creative answers to the many questions that are often associated with the growing responsibility and accountability of the school for the care, custody and education of those children under their tutelage.
  More results at FactBites »



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