Rights of public school students: Your Right to Equality in Education

Your Right to Equality in Education

Getting an education isn’t just about books and grades – we’re also learning how to participate fully in the life of this nation. (We’re tomorrow’s leaders after all!)

But in order to really participate, we need to know our rights – otherwise we may lose them. The highest law in our land is the U.S. Constitution, which has some amendments, known as the Bill of Rights. The Bill of Rights guarantees that the government can never deprive people in the U.S. of certain fundamental rights including the right to freedom of religion and to free speech and the due process of law. Many federal and state laws give us additional rights, too.

The Bill of Rights applies to young people as well as adults. And what I’m going to do right here is tell you about EQUAL TREATMENT.

DO ALL KIDS HAVE THE RIGHT TO AN EQUAL EDUCATION?

Yes! All kids living in the United States have the right to a free public education. And the Constitution requires that all kids be given equal educational opportunity no matter what their race, ethnic background, religion, or sex, or whether they are rich or poor, citizen or non-citizen. Even if you are in this country illegally, you have the right to go to public school. The ACLU is fighting hard to make sure this right isn’t taken away.

In addition to this constitutional guarantee of an equal education, many federal, state and local laws also protect students against discrimination in education based on sexual orientation or disability, including pregnancy and HIV status.

In fact, even though some kids may complain about having to go to school, the right to an equal educational opportunity is one of the most valuable rights you have. The Supreme Court said this in the landmark Brown v. Board of Education case when it struck down race segregation in the public schools.

If you believe you or someone you know is being discriminated against in school, speak up! Talk to a teacher, the principal, the head of a community organization or a lawyer so they can investigate the situation and help you take legal action if necessary.  

ARE TRACKING SYSTEMS LEGAL?

Yes, as long as they really do separate students on the basis of learning ability and as long as they give students the same basic education. 

Many studies show, however, that the standards and tests school officials use in deciding on track placements are often based on racial and class prejudices and stereotypes instead of on real ability and learning potential. That means it’s often the white, middle-class kids who end up in the college prep classes, while poor and non-white students, and kids whose first language isn’t English, end up on “slow” tracks and in vocational-training classes. And often, the lower the track you’re on, the less you’re expected to learn – and the less you’re taught.

Even if you have low grades or nobody in your family ever went to college, if you want to go to college, you should demand the type of education you need to realize your dreams.  And your guidance counselor should help you get it! Your local ACLU can tell you the details of how to go about challenging your track placement.

CAN STUDENTS BE TREATED DIFFERENTLY IN PUBLIC SCHOOL BASED ON THEIR SEX?

Almost never. Public schools may not have academic courses that are just for boys – like shop – or just for girls – like home economics. Both the Constitution and federal law require that boys and girls also be provided with equal athletic opportunities. Many courts have held, however, that separate teams for boys and girls are allowed as long as the school provides students of both sexes the chance to participate in the particular sport. Some courts have also held that boys and girls may always be separated in contact sports. The law is different in different states; you can call your local ACLU affiliate for information.

CAN GIRLS BE KICKED OUT OF SCHOOL IF THEY GET PREGNANT?

No. Federal law prohibits schools from discriminating against pregnant students or students who are married or have children. So, if you are pregnant, school officials can’t keep you from attending classes, graduation ceremonies, extracurricular activities or any other school activity except maybe a strenuous sport. Some schools have special classes for pregnant girls, but they cannot make you attend these if you would prefer to be in your regular classes.

CAN SCHOOLS DISCRIMINATE AGAINST GAY STUDENTS?

School officials shouldn’t be able to violate your rights just because they don’t like your sexual orientation. However, even though a few states and cities have passed laws against sexual orientation discrimination, public high schools have been slow to establish their own anti-bias codes – and they’re slow to respond to incidents of harassment and discrimination. So while in theory, you can take a same-sex date to the prom, join or help form a gay group at school or write an article about lesbian/gay issues for the school paper, in practice gay students often have to fight hard to have their rights respected.

WHAT ABOUT STUDENTS WITH DISABILITIES?

Although students with disabilities may not be capable of having exactly the same educational experiences as other students, federal law requires that they be provided with an education that is appropriate for them. What is an appropriate education must be worked out individually for each student. For example, a deaf student might be entitled to be provided with a sign language interpreter. 

In addition to requiring that schools identify students with disabilities so that they can receive the special education they need in order to learn, federal law also provides procedures to make sure that students are not placed in special education classes when they are not disabled. If you believe you’re not receiving an appropriate education, either because you are not in special classes when you need to be, or because you are in special classes when you don’t need to be, call the ACLU!

And thanks to the Americans with Disabilities Act (ADA), students who are HIV positive have the same rights as every other student. People with HIV are protected against discrimination, not only in school but in many other public places such as stores, museums and hotels. 

People with HIV aren’t a threat to anyone else’s health, because the AIDS virus can’t be spread through casual contact. That’s just a medical fact. Your local ACLU can provide information on how to fight discrimination against people with HIV.

CAN I GO TO PUBLIC SCHOOL IF I DON’T SPEAK ENGLISH?

Yes. It is the job of the public schools to teach you to speak English and to provide you with a good education in other subjects while you are learning. Students who do not speak English have the right to require the school district to provide them with bilingual education or English language instruction or both.

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. “ 
–Title IX, Education Amendments of 1972

We spend a big part of our life in school, and our voices count. Join the student government! Attend school meetings! Petition your school administration! Talk about your rights with your friends! Let’s make a difference!

Produced by the ACLU Department of Public Education. 125 Broad Street, NY NY 10004. For more copies of this or any other Sybil Liberty paper, or to order the ACLU handbook The Rights of Students or other student-related publications, call 800-775-ACLU or visit us on the internet at https://www.aclu.org.

Know Your Rights | Students’ Rights

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The Supreme Court ruled in 1969 that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. ” This is true for other fundamental rights, as well.

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Do I have First Amendment rights in school?

• You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don’t disrupt the functioning of the school or violate school policies that don’t hinge on the message expressed.
• What counts as “disruptive” will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in “bad taste” is not enough to qualify. Courts have upheld students’ rights to wear things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBTQ community.
• Schools can have rules that have nothing to do with the message expressed, like dress codes. So, for example, a school can prohibit you from wearing hats — because that rule is not based on what the hats say — but it can’t prohibit you from wearing only pink pussycat hats or pro-NRA hats.
• Outside of school, you enjoy essentially the same rights to protest and speak out as anyone else. This means you’re likely to be most protected if you organize, protest, and advocate for your views off campus and outside of school hours.
• You have the right to speak your mind on social media, and your school cannot punish you for content you post off campus and outside of school hours that does not relate to school.

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Can my school tell me what I can and cannot wear based on my gender?

• Public schools can have dress codes, but under federal law dress codes can’t treat students differently based on their gender, force students to conform to sex stereotypes, or censor particular viewpoints.
• Schools can’t create a dress code based on the stereotype that only girls can wear some types of clothes and only boys can wear other types of clothes. For example, your school can require that skirts must be a certain length, but it cannot require that some students wear skirts and prohibit others from doing so based on the students’ sex or gender expression. That also applies to pants, ties, or any other clothing associated with traditional gender roles.
• Dress codes also must be enforced equally. For example, rules against “revealing” clothing, such as bans on tank tops or leggings, shouldn’t be enforced only or disproportionately against girls.
• All students should be allowed to wear clothing consistent with their gender identity and expression, whether they identify as transgender or cisgender. This also applies to homecoming, prom, graduation, and other special school events. Schools shouldn’t require different types of clothing for special events based on students’ sex or gender identity — for example, requiring tuxedos for boys and prom dresses for girls.

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Can my school discipline me for participating in a walkout?

• Because the law in most places requires students to go to school, schools can discipline you for missing class. But schools cannot discipline you more harshly because of the message or the political nature of your action.
• The punishment you could face will vary by your state, school district, and school. If you’re planning to miss a class or two, look up the policy for unexcused absences for your school and school district. If you’re considering missing several days, read about truancy. Also take a look at the policy for suspensions.
• If you are facing a suspension of 10 days or more, you have a right to a formal process and can be represented by a lawyer. Some states and school districts require a formal process for fewer days.
• You should be given the same right to make up work just as any other student who missed classes.

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What do I do if I’m confronted by police at my school?

• If you’re stopped by a police officer at your school, stay calm. Don’t argue, resist, run away, or otherwise interfere with the officer. Ask if you’re free to leave. If the answer is yes, calmly and silently walk away from the officer.
• If the officer asks you a question, you have the right to remain silent. You also have the right to refuse to write or sign a statement. But if you waive these rights, anything you say, write, or sign can be used against you. And if you choose to make a statement, ask to have a lawyer, parent, or guardian present before you are questioned.
• You can refuse to give your consent to be searched by the police. This may not stop the search, but this is the best way to protect your rights if you end up in court.

• Don’t consent to a phone search; police need a warrant to search your phone. The same goes for a strip-search. No police officer or school employee has the authority to strip-search you.
• Don’t resist, fight, or flee from an officer who is arresting you. Say you wish to remain silent and ask for a lawyer immediately. Don’t say anything, sign anything, or make any decisions without a lawyer present.

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The rights of immigrant students

• Schools cannot discriminate against students on the basis of race, color, or national origin.
• Undocumented children cannot be denied their right to a free public education, and schools should not require families to prove their immigration status in order to enroll their children in school.
• Students with limited English proficiency cannot be turned away by public schools, which must provide them with language instruction.

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The rights of students with disabilities

• Public schools are prohibited by federal law from discriminating against people with disabilities, and cannot deny them equal access to academic courses, field trips, extracurricular activities, school technology, and health services.
• Educators and administrators must make necessary academic and medical accommodations, ensure equal access to educational activities and opportunities, and respond to harassment and bullying.

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LGBTQ student rights

• LGBTQ students have a right to be who they are and express themselves in public schools.
• Public schools should not “out” students to their families.
• Public schools have a responsibility to create a safe learning environment. They cannot  ignore harassment based on a student’s appearance or behavior.  Students should report harassment or threats to a principal or counselor. This puts the school on notice that officials can be held legally responsible for not protecting students.
• Public schools cannot force students to wear clothing inconsistent with their gender identity.
• If a public school permits any noncurricular clubs — clubs that aren’t directly related to classes taught in the school — then it must allow students to form a Gay-Straight Alliance or other LGBTQ-themed clubs, and the school can’t treat it differently from other noncurricular clubs.
• Students’ transgender status and gender assigned at birth are confidential information protected by federal privacy law. If your school reveals that information to anyone without your permission, it could be violating federal law. If you don’t want school officials revealing your private information to others, including your legal name, tell them very clearly that you want your information kept private and that they should not disclose that information to anyone without your consent.
• Some states and cities explicitly protect the right of transgender students to use restrooms and locker rooms consistent with their gender identity. Additionally, several courts have ruled that excluding transgender boys and girls from using the same restrooms as other boys and girls violates federal education law.  This is an area of the law that is changing a great deal right now. We recommend that you contact the ACLU if you have any questions about your rights at school.

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The rights of pregnant students

• Public schools and all schools that get federal funds are prohibited from excluding pregnant or parenting students from school, classes, or extracurricular activities, or pressuring them to drop out or change schools.
• These schools must provide pregnant students the same accommodations that students with other temporary medical conditions are given, including the ability to make up missed classwork, attend doctor’s appointments, take time off for childbirth and recovery, and learn in a safe, nonjudgmental environment.
• These schools are not allowed to punish a student who chooses to terminate a pregnancy or reveal a student’s private medical information.

Additional resources:

LGBTQ Youth & Schools Resource Library

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Other Know Your Rights Issues

What To Do When Encountering Questions from Law Enforcement

What to Do If You Think You’re on the No Fly List

Enforcement at the Airport

Dreamers (DACA)

Stopped by Police

100 Mile Border Zone

Religious Freedom

LGBTQ Rights

Voting Rights

The rights and obligations of students

The rights and obligations of the child are protected by the UN Convention on the Rights of the Child, the current legislation of the Russian Federation.

The student has the right to:

1. Free expression of his own views, beliefs and opinions; the views of the student shall be given due weight in accordance with his age and maturity.
2. Freedom of information.
3. Freedom of thought, conscience and religion. nine0014
4. Respect for human dignity.
5. Getting a free education in accordance with state educational standards, developing one’s personality, one’s talents, mental and physical abilities to the fullest extent.
6. Education within the framework of state educational standards according to individual curricula in the manner determined by the charter of the educational institution.
7. Obtaining additional paid educational services.

nine0013 Open assessment of the student’s knowledge and skills, obtaining a grade in each subject solely in accordance with their knowledge and skills.

8. Advance notification of the timing and scope of control work in accordance with the schedule; Only one test can be done during the day.
9. Additional free assistance of the teacher in acquiring knowledge in special classes provided for by the work schedule of the educational institution and the teacher. nine0014
10. Participation in the cultural life of the educational institution, events organized in it, corresponding to the age of the student.
11. Rest between lessons and vacation time.
12. Participation in the management of an educational institution in the manner determined by the charter of the educational institution.
13. Benefits and material assistance in accordance with applicable regulations.
14. Transfer to another educational institution that implements an educational program of the corresponding level. nine0014
15. Creation of various public associations, if they do not contradict the Charter of the OU.
16. Use of the right of external studies, home schooling, early examinations, individual educational programs, in grades 10-11 – an individual curriculum. At the request of the parents (persons replacing them) and the decision of the pedagogical council, students in grade 11 can be exempted from attending classes in separate subjects in the second half of the year (or have one free day of the school week). nine0014
17. No homework for Monday in grades 1 to 6 inclusive, as well as no homework for the holidays for students of the entire school, except for reading fiction.
18. Open expression of one’s opinion about the quality of the educational process at the Council of the educational institution, Commissioner for the rights of participants in the educational process.
19. Making proposals for changes in the educational activities of educational institutions in the approved manner.
20. Use of OU mass media for speeches – stands: “information”, “school life”, newspapers. nine0014
21. The right to know about the grades assigned to him – both for oral and written work.
22. The right to confidentiality of the evaluation message for your answer or written work.
23. The right to apply for a rescheduling of examinations after absences due to illness, confirmed by medical documents.
24. The right to be heard.
25. The right to create a public organization for the protection of the rights of the student, consisting of teachers, parents, students. nine0014

General rules of conduct

1. Discipline and order in the educational institution is maintained on the basis of respect for the human dignity of students, teachers and other school employees.
2. The use of methods of mental and physical violence against others is not allowed.
3. The rights and obligations of OU students are determined by the Charter of the OU and other local acts provided for by the Charter.
4. Students are required to comply with the Charter of the OU, study conscientiously, take care of property, respect the honor and dignity of other students and employees of the OU and follow the internal regulations:

• Observe the schedule of classes (lessons, electives), do not be late or miss classes without a good reason;
• Keep the school and school yard clean;
• Protect the school building, equipment, property;
• Carefully treat the results of the work of other people and provide all possible assistance in cleaning school premises while on duty in the classroom, at the school;
• Keep order and cleanliness in the dining room, changing rooms, toilets; nine0014
• Pay due attention to your own health and the health of others;
• Take part in the collective creative affairs of the class and school;
• The student arrives at the school 10-15 minutes before the start of classes, clean and tidy, removes outerwear in the wardrobe, puts on a change of shoes, takes his workplace and prepares all the necessary teaching materials for the upcoming lesson.

Outside the walls of the school, students behave everywhere and in such a way as not to lose their honor and dignity.

Physical confrontation, intimidation and bullying are unacceptable forms of behaviour. The school categorically condemns such attempts to humiliate, subjugate or manipulate people.
nine0007

It is not allowed to chew gum and eat, listen to the player, use a mobile phone (play, talk, turn on the sound of the bell) during the lessons.