172. Student Rights and Due Process Procedures, October 11, 1974
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272 On numerous occasions this Court speci fically has upheld legislation that singles out Indians for particular and special treatment . . . . As long as the special treatment can be tied rationally to the fulfillment of Congress’ unique obligation toward the Indians , such legislative judgments will not be disturbed. Here, where the preference is reasonable and rationally designed to further Indian self-government, we cannot say that Congress’ classification violates due process . . . . [417 U.S. Reports, 541–45, 550–55.] 172. Student Rights and Due Process Procedures October 11, 1974 Concern for Indian rights in education extended to the fundamental rights of students in the schools. The statement of rights set forth in these regulations was a far cry from the dictatorial and repressive control of the students that once marked the Indian boarding schools. Purpose. The regulations in this part govern establishing programs of student rights and due process procedures in Bureau of Indian Affairs schools and in schools that are operating under contract with the Bureau of Indian Affairs. Application to Bureau schools. All Bureau of Indian Affairs schools shall be governed by the regulations set forth in this part and said regulations shall be expressly included as a part of the local school regulations of each Bureau of Indian Affairs school. Upon admission, all students of Bureau of Indian Affairs schools shall be given a copy of the school regulations governing the conduct of students and shall be notified of any amendments thereto. Rights of the individual student. Individual students at Bureau of Indian Affairs schools have, and shall be accorded, the following rights: (a) The right to an education. (b) The right to be free from unreasonable search and seizure of their person and property, to a reasonable degree of privacy, and to a safe and secure environment. (c) The right to make his or her own decisions where applicable. (d) The right to freedom of religion and culture. (e) The right to freedom of speech and expression, including symbolic expression, such as display of buttons, posters, choice of dress, and length of hair, so long as the symbolic expression does not unreasonably and in fact disrupt the educational process or endanger the health and safety of the student or others. (f) The right to freedom of the press, except where material in student publications is libelous, slanderous, or obscene. (g) The right to peaceably assemble and to petition the redress of grievances. (h) The right to freedom from discrimination . (i) The right to due process. Every student is entitled to due process in every instance of disciplinary action for alleged violation of school regulations for which the student may be subjected to penalties of suspension, expulsion, or transfer. Due Process. [Due process procedures are spelled out in detail.] Application to schools under Bureau contract . Non-Bureau of Indian Affairs schools which are funded under contract with the Bureau of Indian Affairs must also recognize these student rights. [Federal Register, 39:32741–42 (September 11, 1974); codified in 25 Code of Federal Regulations 35.] ...