In loco parentis

loco parentissubstitute parentacting as fatherendowed with parental authorityin place of students' parentsn loco parentissomeone to whom he has assumed parental responsibility“in loco parentis” policies
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.wikipedia
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Parens patriae

spousal rights
The in loco parentis doctrine is distinct from the doctrine of parens patriae, the psychological parent doctrine, and adoption.

Gott v. Berea College

In the Kentucky State Supreme Court case Gott v. Berea College (1913), 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 court first determined that because Berea College was acting in loco parentis, the college did have the authority to issue the rule and that students at the college were obligated to conform their behavior to the rule since a "...college or university may prescribe requirements for admission and rules for the conduct of its students, and one who enters as a student impliedly agrees to conform to such rules of government."

Dixon v. Alabama

Dixon v. Alabama Board of Education
The landmark 1961 case Dixon v. Alabama was the beginning of the end for in loco parentis in U.S. higher education.
1961) was a landmark 1961 U.S. federal court decision that spelled the end of the doctrine that colleges and universities could act in loco parentis to discipline or expel their students.

Clarence Thomas

ThomasJustice ThomasJustice Clarence Thomas
In Morse v. Frederick (2007) Justice Clarence Thomas, concurring with the majority, 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.
In cases involving schools, Thomas has advocated greater respect for the doctrine of in loco parentis, which he defines as "parents delegat[ing] to teachers their authority to discipline and maintain order."

Duty

dutieslegal dutyoperational duties
trusts (including those established for estate planning), charitable organizations, corporate, managing bodies, etc and several other non-human entitles have been given the status of the "legal person" with legal rights and duties, such as to sue and be sued, to own and transfer the property, to pay taxes, etc. In court cases regarding animals, the animals have the status of "legal person" and humans have the legal duty to act as "loco parentis" towards animals welfare like a parent has towards the minor children.

Contemporary Latin

scientific LatinLiving LatinRecent Latin
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.

Parent

parentspaternitybiological parent
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.

Common law

common-lawcourts of common lawcommon
Originally derived from English common law, it is applied in two separate areas of the law.

Student

studentscollege studentpupils
First, it allows institutions such as colleges and schools to act in the best interests of the students as they see fit, although not allowing what would be considered violations of the students' civil liberties.

Civil liberties

individual libertypersonal freedomcivil liberty
First, it allows institutions such as colleges and schools to act in the best interests of the students as they see fit, although not allowing what would be considered violations of the students' civil liberties.

Adoption

adoptedadoptadoptive
The in loco parentis doctrine is distinct from the doctrine of parens patriae, the psychological parent doctrine, and adoption.

Cheadle Hulme School

Cheadle HulmeCheadle Hulme Warehousemen & Clerk's Orphans' SchoolManchester Warehousemen's and Clerks' Orphans School
Cheadle Hulme School, founded in Manchester, England, in 1855, adopted in loco parentis as its motto, well before the world's first public education act, the Elementary Education Act 1870.

Elementary Education Act 1870

Education Act 18701870 Education ActEducation Act
Cheadle Hulme School, founded in Manchester, England, in 1855, adopted in loco parentis as its motto, well before the world's first public education act, the Elementary Education Act 1870.

Supreme Court of the United States

United States Supreme CourtU.S. Supreme CourtSupreme Court
The first major limitation to this came in the U.S. Supreme Court case West Virginia State Board of Education v. Barnette (1943), in which the court ruled that students cannot be forced to salute the American flag.

West Virginia State Board of Education v. Barnette

West Virginia State Board of Education vs. BarnetteWest Virginia Board of Education v. BarnetteWest Virginia v. Barnette
The first major limitation to this came in the U.S. Supreme Court case West Virginia State Board of Education v. Barnette (1943), in which the court ruled that students cannot be forced to salute the American flag.

Flag of the United States

American flagStars and StripesUnited States flag
The first major limitation to this came in the U.S. Supreme Court case West Virginia State Board of Education v. Barnette (1943), in which the court ruled that students cannot be forced to salute the American flag.

Tinker v. Des Moines Independent Community School District

Tinker v. Des MoinesTinker v. Des Moines Indep. Cmty. Sch. Dist.Tinker v. Des Moines Independent Community School Dist.
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."

Freedom of speech

free speechfreedom of expressionfree expression
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."

New Jersey v. T. L. O.

New Jersey v. T.L.O.New Jersey v. T. L. ONew Jersey v. T.L.O''.
In New Jersey v. T.L.O. (1985) Justice White wrote: "In carrying out searches and other disciplinary functions pursuant to such policies, school officials act as representatives of the State, not merely as surrogates for the parents, and they cannot claim the parents' immunity from the strictures of the Fourth Amendment."

Expectation of privacy

reasonable expectation of privacyinvasion of privacybelieved they could speak freely
The case upheld the search of a purse while on public school property based upon reasonable suspicion, indicating there is a balancing between the student's legitimate expectation of privacy and the public school's interest in maintaining order and discipline.

Hazelwood School District v. Kuhlmeier

Hazelwood v. KuhlmeierHazelwood School Dist. v. KuhlmeierHazelwood Sch. Dist. v. Kuhlmeier
However, in Hazelwood School District v. Kuhlmeier (1987) the Supreme Court 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 "...inconsistent with its basic educational mission."

First Amendment to the United States Constitution

First AmendmentFirstU.S. Const. amend. I
However, in Hazelwood School District v. Kuhlmeier (1987) the Supreme Court 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 "...inconsistent with its basic educational mission."

Dress code

dress codesSocial aspects of clothingdress and grooming standards
Other student issues such as school dress codes along with locker, cell phone, and personal laptop computer searches by public school officials have not yet been tested in the Supreme Court.

Kentucky Supreme Court

Supreme Court of KentuckySupreme CourtKy.
In the Kentucky State Supreme Court case Gott v. Berea College (1913), 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.

Higher education

higher learninghigherHigher Education Institution
Though in loco parentis continues to apply to primary and secondary education in the U.S., application of the concept has largely disappeared in higher education.