A student bill of rights is a document that outlines beliefs or regulations regarding student rights, typically adopted by a student group, school, or government. These documents can be policies, laws, or statements of belief.
When put forth by a student organization or third party organization, groups that usually do not have the power of enforcement, student bills of rights are usually statements of belief. Even though they are not legally binding, these student bills of rights can act as foundations for future agreements or legislative efforts, helping others understand what students believe to be ethical treatment. The European Students' Union, for example, uses their Student Rights Charter when lobbying for student rights in the European Union Higher Education Area as a document representing the student will.European Student Union The historic National Student Association in the United States used their Student Bill of Rights to help create a dialogue with the American Association of University Professors, which initiated the creation of a joint statement on student rights.
At the institutional level, student bills of rights tend to be policy statements. On rare occasions, they can also be legally binding, as promises from the school or university to the students who abide by the educational contract.Kaplan and Lee (2011) At any level, student bills of rights can provide students with an understanding of their legal rights: rights pertinent to all citizens and rights specifically pertinent to students in the educational setting. When used as a statement of belief, however, a student bill of rights often includes the natural rights that an organization feels students have, as well as the procedural rights institutions must follow to ensure these rights are fulfilled.
While there have been some attempts to create student rights bills in the United States, these have not been successful. Some other countries, like Romania, have more robust systems to protect student rights, which can include student bills of rights.
North America No country in North America has yet adopted a national student bill of rights.Occupy Education http://www.facebook.com/occupycollegenavigatehighered.com
United States In the United States, there have been several student bills of rights drafted by student organizations including the historic National Student Association, the American Association of University Professors, and other non-governmental organizations. As of March 2022, none have been legally institutionalized.
National Student Association In 1947, the National Student Association (NSA) in the United States adopted a student bill of rights. The United States Student Association similarly upholds the 1947 student bill of rights put forth by the National Student Association.United States Student Association http://www.usstudents.org/about/history/ In 1967, the NSA put forth a joint statement on the rights and freedoms of students with the American Association of University Professors. This statement was endorsed by a number of professional organizations. This document included the following rights:
Constitutional Rights Exercise of rights of citizenship Freedom of association Right to due process Speech and Association Rights Student participation in institutional government Student publications Due Process Rights Standards for investigation of student conduct Investigation of student conduct Hearings for student conduct Classroom Rights Protection of freedom of inquiry and expression Protection from improper academic evaluation Protection from improper student information disclosure
2002 Student Bill of Rights In 2002, Pennsylvania Congressman Chaka Fattah introduced H.R.5346, titled the "Student Bill of Rights". The bill outlined a long history of academic inadequacy in the United States and characterized the gap in educational opportunities for low-income, urban, rural, and minority students. It established provisions aimed towards increasing access to educational opportunity, redefining the standards for educational adequacy and equity, and gave the States the power to decide how best to alter local school policies and procedures in order to meet those standards. The Bill was sponsored by 125 members of Congress, including Nancy Pelosi, Bernie Sanders, and John Lewis. After being introduced, it was transferred to the House Subcommittee on Education Reform, where it was ultimately rejected.
2003 Academic Bill of Rights In 2003, Georgia congressman Jack Kingston proposed another national student bill of rights, House Bill 318. This bill, also rejected in Congress, was not an all-encompassing student bill of rights but was narrowly defined to address academic freedom. The congressman found that "at almost every American university, conservative professors are drastically outnumbered." This bill was intended to secure the intellectual freedom of students and faculty. It did not address whether teachers would have the freedom to determine all course goals, curriculum, assignments, grading schemes and course timeline.
Canada The Canadian Encyclopedia, which details issues of Canadian life and governance, states that "2 sorts of rights apply to students: substantive rights - the actual rights that students should enjoy - and procedural rights - methods by which students claim their rights. This article is concerned with students in public institutions, although those in private schools can claim rights under the common law and provincial education Acts."
The Canadian Federation of Students has yet to accept a student bill of rights.
In the 1960s, the Canadian Union of Students had adopted the Declaration on the Canadian Student, a declaration aimed defining the rights and role of a student. The Declaration was adopted at the September 1965 annual meeting of the CUS, and was initiated mainly by the Students' Union of the University of Ottawa President Jock Turcot.La Rotonde. L’AGÉUO définit l’étudiant canadien. Published 22 September 1965 A year later, the CUS re-affirmed the "fundamental philosophy" behind the Declaration.
Europe
European Students' Union In 2008, the European Students' Union adopted a Student Rights Charter, which is in essence their platform. Romania currently has the strongest student rights legislation in the European Union, in part to do with the efforts of the European Student Union to press for legislation. The 2008 ESU Student Rights Charter includes the following rights:
Access to Higher Education Everyone has the right to an inclusive, high quality education free of charge. Everyone has the right to access correct information, in a transparent manner, on the content, outcome and requirements of an educational programme. Everyone has the right to free access to adequate means of support in order to take up, progress through and complete their educational programme. All students have the right to an education that is inclusive. All students have the right to have their backgrounds and experiences recognized as an important part of educational quality and to be able to make use of them. All students have the right to an education imbued with different equality perspectives that improve the quality of education. All students have the right to progress between cycles. Everyone has the right to adequate counselling about their options before they choose a study programme. All students have the right to apply to any institution without administrative, financial or physical restrictions. Student Involvement All students have the right to organize themselves freely in legally recognized entities. Students must not suffer academic, financial or legal consequences stemming from such involvement. All students have the right to co-governance in all decision making bodies and fora relevant to their education directly or through democratic representation. Students have the right to be informed about all higher education affairs in a transparent manner. All students have the right to have their opinion considered as that of a stakeholder on equal footing in higher education. All students have the right to freely express themselves and this should not be limited to academic matters. Extracurricular Aspect of Study All students have the right to adequate counselling and support on their wellbeing; on how to successfully complete their education; and on how to prepare themselves for integration into the labour market. All students have the right to adequate social support that meets their needs on an individual basis. All students have the right to financial independence. All students have the right to a free and fair appeal against any act which they feel to be discriminatory. All students have the right to a space for social interaction. All students have the right to specific social support related to their educational mobility. Curricular Aspect of Study All students have the right to be evaluated or graded solely on academic performance including extra-curricular activities which are specifically counted as part of their academic programme. All students have the right to a free and fair appeal against any decision related to their studies. All students have the right to a flexible study program. All students have the right to teaching and learning environments that support and encourage the development of autonomous learning, critical thinking and personal growth. All students have the right to teaching and evaluation methods suitable to their mode of education. All students have the right to academic freedom of thought; and the freedom to challenge the knowledge that exists today. All students have the right to fair recognition of comparable qualifications. All students have the right to a continuously reviewed and up-to-date programme. All students have the right to participate as equal partners in the continuous assessment and improvement of their educational programmes. All students have the right to free access to comprehensive and objective information on the quality of the programme and institution in which they wish to study or are already studying. All students have the right to have the grading of their academic work challenged by an external examiner
Romania Romania is the country which has the greatest student rights legislation currently in place. In 2010, the National Alliance of Student Organizations in Romania, which is also part of the European Student Union, and the Romanian Students' Union (USR) worked with the Romanian national government to bring into law the Romanian National Student Code of Rights and Responsibilities. This document provides Romanian students with roughly a hundred which theoretical rights and procedural rights necessary to ensure theoretical rights are fulfilled. This document includes the following rights:
Educational Package Rights Right to a quality education Right to a student centered educational environment Right to opportunities to develop personally Right to opportunities to develop socially Right to opportunities to acquire skills required to find and retain employment Right to an educational contract Right to equal treatment among equal students Right to equity where some students are at an educational disadvantage Right to information, information transparency and accessibility Right to educational quality standards which are assessed and accountable Right to student involvement in institutional decision-making Right to at least one free copy of the student record including diplomas, certificates and transcripts Right to information on all student rights and responsibilities Right to grievance reporting, hearing and appeals processes Right to be provided educational materials while attending institutions of higher education Right to housing accommodations, unless a student studies in their place of residence