Publication Date
Summer 5-31-2006
Document Type
Article
Organizational Units
Sturm College of Law
Keywords
Substantive Due Process, Public school, Students' rights, Health and safety
Abstract
This Article asserts that students have a substantive due process right to a public school facility that meets minimum health and safety requirements. Students who cannot afford private school are effectively required by law to spend six to eight hours a day in whatever facilities their state education system provides. Constitutionally protected rights to personal security and bodily integrity are implicated when these facilities directly threaten students’ immediate heath and safety – for example, locked or non-functional bathrooms, unsafe drinking water, or classroom walls covered with asthma-inducing mold. Compulsory education under these conditions violates the substantive limits on state action set by the Due Process Clause.
Publication Statement
Copyright held by the author. User is responsible for all copyright compliance.
Originally published as
Rebecca Aviel, Compulsory Education and Substantive Due Process: Asserting Student Rights to a Safe and Healthy School Environment, 10 Lewis & Clark L. Rev. (2006).
Recommended Citation
Rebecca Aviel, Compulsory Education and Substantive Due Process: Asserting Student Rights to a Safe and Healthy School Environment, 10 Lewis & Clark L. Rev. (2006).
Comments
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