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. Latin ( lingua Latīna, laˈtiːna is an Italic language, historically spoken in Latium and Ancient Rome. A parent is a Father or Mother; one who sires or gives Originally derived from British common law, it is applied in two separate areas of the law. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive
First, it allows institutions such as colleges and schools 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. The word student is etymologically derived through Middle English from the Latin second-type conjugation Verb "studēre" thumb| |Broken Liberty Istanbul Archaeology Museum Civil liberties are freedoms that protect the Individual from the Government.
Second, this doctrine can provide a non-biological parent to be given the legal rights and responsibilities of a biological parent if they have held themselves out as the parent. [1]
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In United States law
Courts in the United States primarily apply the doctrine of in loco parentis to educational institutions. The United States of America —commonly referred to as the
Primary and secondary education
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. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. West Virginia State Board of Education v Barnette, 319 US 624 ( 1943) was a decision by the Supreme Court of the United States that held that Flags of the United States The Flag of the United States of America consists of 13 equal horizontal stripes of Red (top and bottom alternating 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. The 1960s decade refers to the years from the beginning of 1960 to the end of 1969 This article is about the Decade 1970-1979 For the Year 1970 see 1970. Tinker v Des Moines Independent Community School District, was a United States Supreme Court case that resulted in a decision defining the constitutional Freedom of speech is the freedom to speak freely without Censorship or Limitation. " Justice Clarence Thomas argued that Tinker’s ruling contradicted “the traditional understanding of the judiciary’s role in relation to public schooling,” and ignored the history of public education (127 S. Ct. 2634). He believed the judiciary’s role to determine whether students have freedom of expression was limited by in loco parentis. He cited Lander v. Seaver (1986) which held that in loco parentis allowed schools to punish student expression that the school or teacher believed contradicted the school’s interests and educational goals. This ruling declared that the only restriction the doctrine imposed were acts of legal malice or acts that caused permanent injury. Neither of these were the case with Tinker.
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. New Jersey v T L O, 469 US 325 ( 1985) was a case appealed to the Supreme Court of the United States in 1984, involving 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 ". Hazelwood School District et al v Kuhlmeier et al, was a United States Supreme Court decision which held that Public school curricular student . . inconsistent with its basic educational mission. " Other student issues, such as school dress codes, have not yet been tested in the Supreme Court. Clothing is an aspect of Human physical appearance, and like other aspects of human physical appearance it has social significance
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 and is the State supreme court of the U Gott v Berea College (156 Ky 376 161 SW 204) was a case decided by the Court of Appeals of Kentucky
Higher education
Though in loco parentis continues to apply at the grade-school level, application of the concept has largely disappeared in higher education. Higher education is Education that is provided by universities, vocational universities, Community colleges Liberal arts colleges However, this was not always the case.
Prior to the 1960s, undergraduates were subject to many restrictions on their private lives. The 1960s decade refers to the years from the beginning of 1960 to the end of 1969 Women were generally subject to curfews as early as 10:00, and dormitories were usually entirely one-sex. A curfew can be one of the following An order by a Government for certain persons to return home daily before a certain time Some universities expelled students—especially female students—who were somehow "morally" undesirable. Some universities even insisted that a male and female student sitting on the same chair have at least three feet on the ground at all times. More importantly, universities saw fit to restrict freedom of speech on campus, often forbidding organizations dealing with "off-campus" issues from organizing, demonstrating, or otherwise acting on campus. Freedom of speech is the freedom to speak freely without Censorship or Limitation. These restrictions were severely criticized by the student movements of the 1960s, and the Free Speech Movement at the University of California at Berkeley formed partly on account of them, inspiring students elsewhere to step up their opposition. The Free Speech Movement (FSM was a Student protest which took place during the 1964-1965 school year on the campus of the University of California Berkeley under The University of California ( UC) is a Public university system in the state of California. Berkeley is a city on the east shore of San Francisco Bay in Northern California, in the United States. [2]
References
- ^ An example of family law in loco parentis
- ^ Anderson, Terry H. (1996). The Movement and the Sixties. New York: Oxford University Press. ISBN 9780195104578.
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