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The term in loco parentis, Latin for "in the place of a parent", [1] refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law , the doctrine is applied in two separate areas of the law.
Dixon v. Alabama, 294 F.2d 150 (5th Cir. 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. [1] It has been called "the leading case on due process for students in public higher education". [2]
White, B. (2007). Student rights: From in loco parentis to sine parentibus and back again? Understanding the family educational rights and privacy act in higher education. Brigham Young University Education & Law Journal, (2), 321-350. Retrieved from EBSCOhost. 93 Special Message to the Congress on Protecting the Consumer Interest. March 15 ...
In the English-speaking world, the right of teachers to discipline children is enshrined in the common-law doctrine in loco parentis (Latin for "in the place of the parent"), which places a legal responsibility on authority-holders to take on the functions of a parent in some instances. [10]
in loco: in the place, on the spot: That is, 'on site'. "The nearby labs were closed for the weekend, so the water samples were analyzed in loco." in loco parentis: in the place of a parent: Assuming parental or custodial responsibility and authority (e.g., schoolteachers over students); a legal term. in luce Tua videmus lucem: in Thy light we ...
Second, the test discloses personal information concerning "the state of the subject's body and the materials he has ingested." But the school was testing only for the use of drugs, not whether the student was diabetic or pregnant. The results of the test were disclosed only to a small group of school officials and not to law enforcement.
The primary basis for the educator-distinction is the concept of in loco parentis, the principle that the school functions in lieu of the students' parents, and thus has broader discretion in limiting students' speech and expression.
Gott v. Berea College, 161 S.W. 204 (Ky. 1913), [1] was a case heard before the Kentucky Court of Appeals wherein J. S. Gott—a restaurant owner—sued the private institution of Berea College when they issued a new policy in their 1911 student manual that forbid their students from patronizing establishments not owned by the college.