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Know Your Rights - ST Week 8.3

February break is on the horizon here at EMS, where Team Nova is actively preparing for an eighth grade wide debate day to be held in mid-March. Appropriately titled “We The People,” the debate unit focuses on First Amendment rights based on the U.S. Constitution and the subsequent Supreme Court cases related to students’ rights in schools.




“We The People” is designed to function as an easily differentiated unit of study, featuring tiered research and debate groups, varied debate topics, and grounding lessons that detail three major court cases all students are expected to use when forming their arguments and counterarguments. As our introductory week comes to a close, students are wrapping up their research on our foundational SCOTUS cases: Tinker v. Des Moines (1969), Hazelwood v. Kuhlmeier (1988), and Bethel School District v. Fraser (1986). Each of these cases asked the Supreme Court to better define the rights of students attending public schools, particularly those rights that would be protected by the first amendment, including freedom of speech, freedom of religion, freedom to assemble, and freedom of the press. Although the court cases mentioned above deal directly with the rights of high school students (and, for legal purposes, the lawsuits brought forth by their parents), the SCOTUS rulings are still relevant to Team Nova’s students not only as future high schoolers, but also as present students in U.S. schools.

While I plan to reflect more on specific lessons and student debates related to our “We The People” unit in the coming weeks, one thing that struck me today was how unaware students and some educators are about their rights as school community members -- and in many instances, how unaware some people are about their rights as U.S. citizens/ residents at all.

As an educator employed by U.S. schools, I believe that it will be my school district’s responsibility to make information about my rights as a U.S. educator easily accessible and obtainable; however, I also believe that it will be my responsibility to seek out information regarding my rights as an educator, conduct further research, and recognize if and when my rights are being violated. But, what about my students? Is it my responsibility to ensure they are aware of their rights as students in the United States? Is it the responsibility of their parents? The school administrators?

Of course, studying civics and other topics related to the U.S. government is required under the national C3 Social Studies standards. However, an in-depth study of constitutional law is not typical for general education curriculums, leaving the investigation of cases central to student rights (and those that set precedent for U.S. rights in general) optional points of exploration. Even more, younger students may not meet the readiness levels required to comprehend the complexities of case law, suggesting that the school’s responsibility to teach students about their rights is limited to upper secondary level grades. Shouldn’t students, families, and school community members be aware of their rights from the student’s first day of first grade, or their first day on the job? Absolutely, but their knowledge should be presented in a way that is accurate and accessible. For Nova’s eighth graders, our “We The People” unit serves many purposes, but I find that the most important function of these debates is the bridge they will build between student learning and their knowledge of personal liberty.

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