It’s pretty common knowledge that students do not have the same rights on campus as citizens do in the “real world.” Schools have the power of “in loco parentis,” which means thar while a student is in the custody of a school, the school can and often should, act as a parent, according to the Education Rights website. Although “in loco parentis” is often used as a justification for certain violations of students’ rights, we, are not powerless. Here is some basic information that all students should know:
Free Speech:
Students can exercise free speech on campus as long as their speech does not disrupt class or school activities, according to the American Civil Liberties Union (ACLU) pamphlet on students’ rights. There must be a real disruption of class or school activity; you cannot be censored for saying something that just a school official considers to be controversial. Remember that the same limitations to Americans’ right of free speech are applicable on campus. True threat made with the intention for others to take your words seriously are not protected, and neither are obscene, lewd, and vulgar speech or defamatory statements, the ACLU says.
“While school’s authority to limit student speech has generally not been extended to speech that takes place off campus, some courts have said that schools can discipline students for off campus internet speech is it has disruptive effects at school,” the ACLU states.
Courts have also said that student speech off campus can be suppressed if the speech promotes illegal activity.
Protesting:
Protesting is a protected right. We can petition the administration and use protests to denounce a certain idea or practice on campus. However, you can get into trouble if you cause a disruption by blocking a hallway, encouraging other students to skip class, or making too much noise while people are studying. If you plan to protest, you should probably do it during lunch or when classes are not in session.
Dress Code:
MHS has a clear-cut dress code regarding inappropriate clothing and gang apparel. Keep in mind, though, that a court is very likely to protect your freedom of expression if your clothes make a political or religious statement. In addition, dress codes may not prohibit students from wearing religious clothing, according to the ACLU.
Religion:
You cannot be forced to take oaths you do not believe, especially the Pledge of Allegiance. But this does not just apply in the classroom. At games, dances, and other school activities, you are not required to take any oaths or pray. Since schools cannot promote any religious activity in the first place, you should not even be put in such a position.
Conversely, when you are in a school, you are free to practice your religion as long as you do not cause any disruptions or interfere with other students’ rights. You may be excused from school activities if they conflict with your religious beliefs, according to the ACLU.
Discrimination:
“The Equal Access Act guarantees student clubs equal access to school facilities,” the ACLU pamphlet stated. All student students are guaranteed the right to fair and equal education opportunities; their color, race, religion, class, sex or citizenship status does not matter.
Furthermore, schools must impose punishments in a fair manner. The means you should receive the same punishments in a fair manner. This means you should receive the same punishment for a wrongdoing as someone else who commits the same wrongdoing under the same circumstances.
Schools can only hand out different punishments based on relevant factors such as what you did, whether it was intentional, how serious it was, and whether or not you have previously been in trouble, the ACLU states. Look at the MHS Student/Parent handbook for a list of punishments regarding various offenses. Make sure you are being punished fairly and accurately. Anyone can ask for public records from the school, including general discipline data, which does not reveal students’ personal information.
Regarding athletics, MHS has to ensure that both male and female teams receive “equitable treatment” since the school offers separate athletic teams for male and female students.
Privacy:
“When dealing with the privacy of public high school students, the administration has more power to restrict that right than any other right of a student in public high school,” the Education Rights website states.
Social Studies Teacher Michael Cummins agrees. Essentially, students have the right to their body, and that’s pretty much it, Cummins said. While we do have protections, they are extremely vague and not very helpful since the school’s code of conduct can be adapted to almost any situation, Cummins continued. However, the protections still exist, mainly regarding search and seizure.
Search and Seizure:
School officials can search students and their property without “probable cause” or a warrant, but the officials must meet the threshold of “reasonable suspicion” before they do so. While “reasonable suspicion” is a weaker standard of evidence than “probable cause,” it still has to be based on facts and not a hunch, rumor, or curiosity, according to the ACLU.
Again, “reasonable suspicion” is a vague term because clear lines regarding what is reasonable and unreasonable are not officially drawn. Typically courts have held that the search is reasonable if it’s based on reliable tips, direct observation of suspicious activity, and history of said activity, the Youth Advocacy Department states. The search is unreasonable if it’s based on rumors or hunches, the student’s status as a “rule breaker,” or the student’s association with wrongdoers, the department continued.
alcohol, they cannot just search every single student in the school. The official must have reasonable suspicion of a particular student.
School lockers are school property, so they can be searched at any time with or without reasonable suspicion. But the right to search your locker generally does not extend to closed bags or purses inside your locker, the ACLU says. Those may only be searched if a school official has reasonable suspicion. Parents can demand things that students could have demanded out in public, according to Cummins. If you are being questioned about a violation of school rules, ask administration to call your parent or guardian first.
Education Rights:
Imagine you violate a very important rule, or you are at least accused of doing so. Before the school can kick you out or discipline you for violating the rule, you have the right to due process or fair procedures, the ACLU states. You have the right to know what you were accused of, the right to explain your side, and if sanctions are severe, the right to a formal hearing process.
There’s much more information regarding the rights we have on the websites sourced
throughout this article, such as the ACLU website and the Education Rights website. Even doing a simple Google search of students’ rights will present you with loads of information right at your fingertips. Having a good knowledge of the basic rights we retain on campus is important whether or not you are prone to challenging the boundaries.
