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In the years since Brown, the courts have sent an unwavering message to the states that they have a duty to provide equal educational opportunities to all children regardless of race, color, national origin, immigration status, native language, sex, and disability under the 14th Amendment. The 14th Amendment equal protection clause also protects the school access rights of pregnant and married students.
Due Process
The 14th Amendment also provides that no state shall “deprive any person of life, liberty, or property, without due process of law.” Courts have identified two aspects of due process: substantive and procedural. Substantive due process applies to the content of a law. A state may not pass a law that deprives citizens of life, liberty, or property if the law is not related to a legitimate governmental purpose; arbitrary and capricious laws that impact on citizens’ rights will be ruled unconstitutional. In the public schools, substantive due process has been interpreted to mean that school rules restricting student rights must be reasonably related to the purpose of schooling (see the discussion of Tinker v. Des Moines Independent Community School District [1969] later in this chapter).