Students' Rights

Can students be punished at school for an off campus offense?

No, as long as it doesn't affect you behavior at school in a way that may endanger yourself or others, doesn't occur on a school-sponsored event, and doesn't occur near school.

Do students have to say the Pledge of Allegiance?

No, as long as they don't disrupt it.

Do schools have to have written codes of discipline?

No, but in Massachusetts, schools cannot enforce a rule unless it has been published and approved by the school committee.

Is physical punishment legal (in MA)?

No, corporal punishment is illegal in MA and 20 other states.

Can schools discriminate against me based on race?

No, due to Brown v. Board of Education, which established that racial discrimination in schools was a violation of the 14th Amendment.

Can schools discriminate against me based on gender?

No, due to Title IX, which prohibits sex discrimination (both in education and extra-curriculars) in schools that receive federal money.

Can schools discriminate against me based on religion?

No, due to the First Amendment. You can't be excluded from any school group, nor can you be sent home for wearing religious symbols.

Can schools discriminate against me based on sexual orientation (in MA)?

No, kids around Massachusetts lobbied the State Student Advisory Council to the Board of Education and won in 1993.

Do students have to participate in religious exercises in school?

No, school prayers and Bible readings are unconstitutional, even if nondenominational or voluntary.

Can school officials ban message clothing (in MA)?

No, thanks to the Pyle decision, they can only do so if it disrupts learning.

Can school authorities judge a demonstration based on the reaction of its audience?

No, unless other students are reacting badly in a way in which it disrupts their education.

What is slander?

Saying hurtful lies about someone.

Can school officials ban message clothing (not in MA)?

School officials may ban messages that are indecent, lewd, profane, or vulgar.

What was the ruling in Richard v. Thurston?

A 17-year old student who was suspended for violating a school about "unusually long hair" won the case. In the 14th Amendment, the Due Process Clause "establishes a sphere of personal liberty for every individual," as long as the exercise of that liberty doesn't interfere with the rights of others.

What is due process in school for 10 day suspension or less?

According to Goss v. Lopez, due process is that "the student be given oral or written notice of the charges against him, and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of the story."

Do students have to participate in nondenominational prayers at graduation?

According to Lee v. Weisman, nondenominational prayers at graduation are unconstitutional.

Is vulgarity on t-shirts permitted in Massachusetts?

According to Pyle v. South Hadley School Committee, students may express views that aren't disruptive. Vulgar t-shirts are allowed, as long as they don't disrupt the educational process.

Can schools ban religious/controversial clubs?

According to the Equal Access Act, student-initiated religious groups cannot be banned if school facilities are provided to other school groups.

Can school officials remove books they don't like from the school library?

According to the Island Trees Union Free School District v. Pico, school authorities cannot remove books because they dislike their ideas. In some states (not MA), books with "inappropriate language" or that don't keep with "community standards" have been removed.

What is due process?

All people must be treated fairly, according to certain specified procedures.

Can students pass out leaflets at school?

As long as it wouldn't cause a major disruption (notice the theme?).

What is the dress code requirement about hair?

Basically, schools can't make you change your hair, as it is irreplaceable (in the near future).

What can be published in school newspapers in Massachusetts?

Due to the Student Free Expression Act, school newspapers in Massachusetts can't be censored by school authorities.

What is obscenity?

Extremely offensive behavior, language, or images.

What can be published in school newspapers nationally?

If the speech is school-sponsored, schools can censor it, as long as it fits under their curriculum (wide classification). This is due to the Fraser v. Hazelwood case.

Can school officials search students outside of school?

If they have probable cause or a warrant.

Can students assemble on school grounds in Massachusetts to express their opinions?

If they're doing so peacefully and don't disrupt education.

Can lockers be searched?

If your school handbook say they're private, there's a reasonable expectation to privacy. Otherwise, they belong to the school and could be searched by officials without reasonable suspicion.

What resulted from Richard v. Thurston?

In holding with the earlier ruling, a student in a vocational technical school was allowed to wear his hair longer than required by the "good grooming provision" (2 1/2 inches below the ear).

What was the outcome of New Jersey v. TLO?

In schools, school authorities don't need probable cause or a warrant. They just need reasonable suspicion. TLO smoking in the bathroom gave them reasonable suspicion that she had cigarettes in her purse.

How is sexual harassment considered under the law?

It is unwelcome verbal or physical conduct of a sexual manner. It is a form of gender discrimination.

According to the Massachusetts General Laws, can schools require uniforms?

It says that school authorities cannot abridge the rights to students to personal dress and appearance, as long as they don't violate reasonable standards of health, safety, and cleanliness. However, this only applies if your town has adopted it!

What did the Education Reform Act say about students carrying weapons or drugs, or those who engage in violence?

Principals can expel them without finding them alternative education.

Can teachers make you take off your hat?

Probably, because they aren't permanent, unlike hair.

What is the exception for libel?

Public figures like politicians and musicians.

What is libel?

Publishing hurtful lies about someone.

What do the Massachusetts General Laws specifically say about what is included in freedom of expression?

Students may: a. express views through speech and symbols b. write, publish, and disseminate their views c. assemble peaceably on school property to express opinions

Can schools use metal detectors on students?

They can use them on every student, but they cannot single out individual students or groups, as this may violate the Equal Protection Clause of the Fourteenth Amendment.

What was the result of Ingraham v. Wright?

The Supreme Court upheld the use of corporal punishment when two junior high students were paddled severely for a minor rule infraction. The court decided it wasn't cruel and unusual punishment, even though it also denied the students the right to due process before the punishment was administered.

What is due process in school for more than a 10 day suspension?

The defendant is entitled to a full scale hearing by an impartial tribunal, including witnesses, lawyers, and the right of appeal.

What happened in Franklin v. Gwinnet County Schools?

The harassed student won this case, as it was found that school officials knew about the teacher that was sexually harassing her and failed to act. It was determined that students can seek monetary damages from schools under Title IX if they experience discrimination/harassment.

What are the obscenity laws for students?

The same as those for the rest of society--don't do it!

What if the search has to do with public safety?

These are usually allowed, such as if there is a report that a student is carrying a gun.

What are the restrictions on leaflets in school?

They must be passed out in a reasonable time, place, and manner. No disturbing class in session or blocking halls.

How do you prove that a school search is constitutional (under reasonable suspicion)?

Two-pronged approach: -Was there a sound reason to expect evidence of wrongdoing to be found? -Was the search not excessively intrusive?

Do students have the freedom of expression?

Under the Tinker case (black armbands), students have the right to free expression as long as they aren't disruptive and don't violate the rights of others.

Can school officials strip search?

Usually not, as these are VERY intrusive.

Can your locker be searched if it has been singled out by drug sniffing dogs?

Usually, as this leads to reasonable suspicion.

Are dog sniffs of lockers and belongings allowed?

Usually, but there is a difference between sniffing students (must have good cause) and sniffing lockers/cars.

What is Congress currently proposing in conjunction with religion in public schools?

Voluntary school-sponsored prayer. Opponents say this will lead to excessive entanglement between public school and religion.

Can a police officer search you during school?

With a warrant or probable cause, or during a grave emergency. They also must have reasonable suspicion that you are armed. To do more than a pat down, they must place you under arrest.

Are drug tests legal in school without individualized suspicion?

Yes, for student athletes in emergency situations, as found in Vernonia School District v. Acton.

Can you refuse to be searched in school?

Yes, if you clearly say so. However, if you agree to a search that could be considered illegal in the way in which it's conducted, the evidence found still counts in court.

Can students hold demonstrations/other protests during the school day?

Yes, school authorities cannot stop a demonstration because they don't disagree with its message. They can only stop it the actions of the demonstrators directly disrupt education.

Can school officials ban books from going into the school library?

Yes, they have significant discretion as to what enters the library in the first place.

Can school officials search all students to find something?

Yes, when public safety is at stake, and there is reasonable suspicion. It's unreasonable to search all students for one infraction, but what about bomb threats?