The Supreme Court ruled in 1969 that students do non "shed their constitutional rights to liberty of speech or expression at the schoolhouse gate." This is truthful for other fundamental rights, as well.

Collage of students protesting

Do I have Start Amendment rights in school?

  • You have the right to speak out, paw out flyers and petitions, and article of clothing expressive clothing in school — as long as you don't disrupt the performance of the schoolhouse or violate school policies that don't swivel on the message expressed.
  • What counts as "disruptive" will vary past context, but a school disagreeing with your position or thinking your speech is controversial or in "bad taste" is not plenty to qualify. Courts have upheld students' rights to wear things like an anti-state of war armband, an armband opposing the correct to get an abortion, and a shirt supporting the LGBTQ customs.
  • Schools can have rules that have zippo to do with the message expressed, like dress codes. And then, for example, a schoolhouse can prohibit you from wearing hats — considering that rule is not based on what the hats say — but it can't prohibit y'all from wearing merely pinkish pussycat hats or pro-NRA hats.
  • Outside of school, yous bask essentially the same rights to protestation 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 schoolhouse hours.
  • You lot have the right to speak your heed on social media, and your schoolhouse cannot punish you for content you postal service off campus and outside of school hours that does not relate to schoolhouse.

Tin my school tell me what I can and cannot article of clothing based on my gender?

  • Public schools tin can accept clothes codes, but under federal law dress codes can't treat students differently based on their gender, force students to adjust to sex stereotypes, or censor particular viewpoints.
  • Schools can't create a clothes lawmaking based on the stereotype that only girls can wear some types of clothes and just 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 and so based on the students' sex or gender expression. That too applies to pants, ties, or any other clothing associated with traditional gender roles.
  • Clothes codes also must be enforced every bit. For instance, rules confronting "revealing" clothing, such as bans on tank tops or leggings, shouldn't exist enforced only or unduly confronting girls.
  • All students should exist allowed to wear clothing consistent with their gender identity and expression, whether they identify equally transgender or cisgender. This besides applies to homecoming, prom, graduation, and other special school events. Schools shouldn't require different types of habiliment for special events based on students' sex or gender identity — for example, requiring tuxedos for boys and prom dresses for girls.

Can my school bailiwick me for participating in a walkout?

  • Considering the law in almost places requires students to go to school, schools tin field of study you for missing course. Simply schools cannot discipline you lot more harshly because of the message or the political nature of your activeness.
  • The punishment you could face up will vary by your state, schoolhouse district, and school. If you're planning to miss a course or 2, look up the policy for unexcused absences for your school and schoolhouse commune. If you're considering missing several days, read about truancy. Also accept a look at the policy for suspensions.
  • If y'all are facing a suspension of 10 days or more, you accept a right to a formal process and can be represented past a lawyer. Some states and schoolhouse districts require a formal process for fewer days.
  • You should be given the aforementioned right to brand upwardly work just as any other student who missed classes.

What do I do if I'grand confronted by police at my school?

  • If you're stopped by a police officeholder at your school, stay calm. Don't argue, resist, run away, or otherwise interfere with the officer. Ask if you're free to exit. If the answer is yeah, calmly and silently walk away from the officer.
  • If the officer asks you a question, you accept the right to remain silent. You also accept the correct to refuse to write or sign a argument. Merely if you waive these rights, anything you say, write, or sign can exist used against you. And if y'all cull to make a argument, ask to have a lawyer, parent, or guardian present before y'all are questioned.
  • Yous tin can refuse to give your consent to be searched by the police. This may not end the search, but this is the best mode to protect your rights if you cease up in court.
  • Don't consent to a telephone search; police force need a warrant to search your phone. The same goes for a strip-search. No police force officer or schoolhouse employee has the say-so to strip-search you lot.
  • Don't resist, fight, or abscond from an officeholder who is arresting you. Say y'all wish to remain silent and ask for a lawyer immediately. Don't say anything, sign anything, or make whatsoever decisions without a lawyer present.

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 condition 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.

The rights of students with disabilities

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

LGBTQ student rights

  • LGBTQ students have a right to be who they are and limited 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 beliefs.  Students should report harassment or threats to a principal or counselor. This puts the school on discover that officials can be held legally responsible for not protecting students.
  • Public schools cannot forcefulness students to wear vesture inconsistent with their gender identity.
  • If a public schoolhouse permits whatever 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 schoolhouse can't treat it differently from other noncurricular clubs.
  • Students' transgender status and gender assigned at birth are confidential information protected by federal privacy police force. If your school reveals that information to anyone without your permission, it could be violating federal law. If yous don't want school officials revealing your individual information to others, including your legal name, tell them very clearly that you want your information kept private and that they should non disclose that information to anyone without your consent.
  • Some states and cities explicitly protect the right of transgender students to employ restrooms and locker rooms consistent with their gender identity. Additionally, several courts take ruled that excluding transgender boys and girls from using the same restrooms as other boys and girls violates federal education police force.  This is an area of the law that is changing a great deal right now. Nosotros recommend that y'all contact the ACLU if y'all accept any questions most your rights at school.

The rights of pregnant students

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

Additional resources:

LGBTQ Youth & Schools Resources Library