Students Rights Manual

Have you ever felt that you are powerless to stop what you think is unfair treatment by teachers and administrators in schools? While students’ rights are usually less than adults enjoy, it is important for you to realize that students have rights on a whole range of issues, including criticizing your school, writing in newspapers, expressing your religious views and not being forced to follow those of other people, privacy in your things, fairness and due process if you’re punished, and protection against discrimination. Unfortunately, many students don't seem to know that they have any rights or that there is anything they can do if their rights are violated.

This manual is a tool to help you and your peers know what your rights are at school. Knowing your rights is the first step in using them. Some say that having rights is not enough if you don't use them. Think about it: If students aren't educated about and don't speak up for their rights, it is easy for those in power to violate, and even take away, these rights.

Speaking up about your rights and what you believe to be fair can be difficult. Let's face it: students are up against a lot these days with metal detectors, uniforms and an atmosphere that does not encourage young people to express themselves. Whether you are an individual student who feels that your rights have been violated, or you are part of a group of students that has been unfairly affected by a new school policy, it takes a lot of strength and determination to demand that your school respect your rights.

Fighting for your rights

• Learn & understand your rights-Get a copy of your school's Code of Student Conduct. Read the Code and this booklet carefully. Learn from this booklet what rights you have and compare it to your student handbook to see how your school might be limiting your rights. Find out if your school has an official way of dealing with complaints.
• Be pro-active- Don't wait until your rights are violated to speak up. Build relationships with school officials now to discuss student rights.
• Know your facts- Write a statement that includes the who, what, when and where of the incident in question. Get witnesses to give statements. Be prepared: Make sure you know the other side's arguments, too.
• Identify the changes you want- Do these changes affect just you or do they involve a rule or policy affecting everyone at your school, school district, or state?
• Identify who has the power to make the changes- If your problem is with a teacher, school official or security guard, go to the principal first. If your problem is with the principal, go to a school board member or the superintendent. If your problem is with a policy, you may have to go to the school board.
• Work with others- Making your way through "the system" of administration can be frustrating and ineffective. Find allies—other students, teachers, counselors or parents who support you or are going through the same situation. Find community leaders or groups that can fight with and for you.
• Observe time limits- Make sure to read carefully any letters and notices from the school. Respond by all deadlines to ensure your rights are preserved.
• Consider legal action- When all else fails and if your problem hasn't been resolved at the school level, it may be time to think about a lawsuit against the school officials involved. A lawsuit can take a long time and can be expensive (but not if handled by the ACLU, which doesn’t charge). It should be your last resort. Contact a private lawyer, the ACLU, or a community organization that offers legal aid to discuss your situation and whether suing is the right step to take.

Using this manual

In this manual, you will notice that we often refer to different sources—the U.S. Constitution, the Pennsylvania Constitution, the Pennsylvania Code and the courts. Your rights come from and are protected by these sources.

Bill of Rights

The U.S. Constitution and Bill of Rights have an impact on your daily life as a student. Public schools, including charter schools, must follow the U.S. Constitution and the rights it provides to you. Private schools, however, aren't required to, so private school students may not have the same protections.

Public school students usually end up with a "junior version" of the Bill of Rights, and, as you read on, you'll learn how your constitutional rights are limited. Throughout this book we refer to the First, Fourth and Fourteenth Amendments to the Constitution, which are particularly important for students.

The Pennsylvania Constitution

The Pennsylvania Constitution also protects your rights as a student. While the state constitution cannot give you less rights than does the U.S. Constitution, in some areas the courts have ruled that it gives you more rights.

Pennsylvania Code

This code regulates all of the state's public schools and student conduct. The code requires that each school board adopt its own "code of student conduct." This code of student conduct should include your school's discipline policies and a list of students’ rights and responsibilities. Your school should distribute the student conduct code to every student and parent, and make it available in the school library. You can see the Pennsylvania Code online at http://www.pacode.com. If your school’s code is inconsistent with the U.S. or Pennsylvania Constitutions, a court can order it changed.

In the Courts

Sometimes, students who feel their rights have been violated take their case to court. The situation may be resolved in a local, state or federal court, or go all the way to the U.S. Supreme Court. These court decisions, especially those from higher courts, mean a lot for students’ rights. When a court decides whether a school policy or action is legal, that decision becomes "case law." We've included many important court decisions that have affected students’ rights.

What the ACLU thinks

Everyone has an opinion, and the ACLU has lots of them. In many places in this book, you'll learn what the ACLU's position is on censorship, metal detectors, uniforms and more. Just keep in mind that the ACLU's position is not necessarily what the Pennsylvania Code says or what the courts have decided.