The Supreme Court ruled in 1969 that students exercise not "shed their constitutional rights to freedom of speech or expression at the school gate." This is truthful for other fundamental rights, too.

Collage of students protesting

Do I accept Starting time Subpoena rights in schoolhouse?

  • You have the right to speak out, hand out flyers and petitions, and wear expressive article of clothing in school — equally long every bit you don't disrupt the performance of the schoolhouse or violate school policies that don't hinge on the message expressed.
  • What counts every bit "disruptive" will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in "bad sense of taste" is non enough to qualify. Courts have upheld students' rights to vesture things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBTQ customs.
  • Schools can have rules that have nothing to do with the message expressed, like dress codes. And so, for instance, a school can prohibit you from wearing hats — considering that dominion is not based on what the hats say — but it tin't prohibit you from wearing only pink pussycat hats or pro-NRA hats.
  • Outside of schoolhouse, you enjoy essentially the aforementioned rights to protest and speak out as anyone else. This means you're likely to be virtually protected if y'all organize, protest, and advocate for your views off campus and outside of schoolhouse hours.
  • You lot have the correct to speak your mind on social media, and your schoolhouse cannot punish you for content yous post off campus and exterior of school hours that does not chronicle to school.

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

  • Public schools can have apparel codes, but under federal law dress codes can't treat students differently based on their gender, strength students to adjust to sex stereotypes, or censor particular viewpoints.
  • Schools can't create a dress code based on the stereotype that just girls can wearable some types of clothes and merely boys can wear other types of clothes. For example, your school can require that skirts must be a certain length, but information technology cannot crave that some students clothing skirts and prohibit others from doing and so based on the students' sexual activity or gender expression. That also applies to pants, ties, or whatsoever other clothing associated with traditional gender roles.
  • Wearing apparel codes also must be enforced every bit. For case, 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 every bit transgender or cisgender. This besides 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 instance, requiring tuxedos for boys and prom dresses for girls.

Can my school field of study me for participating in a walkout?

  • Considering the law in well-nigh places requires students to go to school, schools can discipline you for missing class. Merely schools cannot subject area y'all more than harshly because of the message or the political nature of your activity.
  • The punishment you could face will vary past your land, school district, and school. If you're planning to miss a class or two, expect up the policy for unexcused absences for your school and school district. If yous're considering missing several days, read about truancy. Also take a look at the policy for suspensions.
  • If y'all are facing a suspension of 10 days or more, you take 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 correct to make up work just every bit any other student who missed classes.

What practice I exercise if I'm confronted by police at my school?

  • If you're stopped by a police force officer at your school, stay at-home. Don't contend, resist, run away, or otherwise interfere with the officer. Ask if y'all're free to exit. If the respond is yes, calmly and silently walk abroad from the officer.
  • If the officer asks you a question, you take the correct to remain silent. You also have the right to reject to write or sign a argument. But if yous waive these rights, anything you say, write, or sign tin can be used against you. And if you cull to make a argument, inquire to have a lawyer, parent, or guardian present before you are questioned.
  • You lot can refuse to give your consent to be searched by the police. This may non 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; constabulary need a warrant to search your telephone. The same goes for a strip-search. No constabulary officer or school employee has the authority to strip-search y'all.
  • Don't resist, fight, or abscond from an officer who is arresting you. Say you lot wish to remain silent and ask for a lawyer immediately. Don't say anything, sign anything, or make any 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 non 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.

The rights of students with disabilities

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

LGBTQ educatee rights

  • LGBTQ students have a right to exist who they are and express themselves in public schools.
  • Public schools should non "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 advent or behavior.  Students should report harassment or threats to a principal or advisor. This puts the school on notice that officials tin can be held legally responsible for non 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 — and so it must allow students to grade a Gay-Straight Brotherhood or other LGBTQ-themed clubs, and the school can't treat information technology differently from other noncurricular clubs.
  • Students' transgender condition 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 police. If you don't want school officials revealing your private data to others, including your legal proper noun, tell them very clearly that you want your data kept private and that they should not disembalm that information to anyone without your consent.
  • Some states and cities explicitly protect the right of transgender students to employ restrooms and locker rooms consequent with their gender identity. Additionally, several courts take ruled that excluding transgender boys and girls from using the aforementioned restrooms equally other boys and girls violates federal pedagogy police force.  This is an expanse of the law that is changing a great bargain right at present. We recommend that yous contact the ACLU if yous take any questions about your rights at school.

The rights of significant students

  • Public schools and all schools that become federal funds are prohibited from excluding pregnant or parenting students from school, classes, or extracurricular activities, or pressuring them to driblet out or change schools.
  • These schools must provide meaning students the same accommodations that students with other temporary medical atmospheric condition are given, including the ability to make up missed classwork, attend medico'due south appointments, take fourth dimension off for childbirth and recovery, and learn in a safe, nonjudgmental environment.
  • These schools are non allowed to punish a student who chooses to terminate a pregnancy or reveal a student's private medical information.

Additional resources:

LGBTQ Youth & Schools Resources Library