Student rights at school: Freedom of speech, dress code & privacy

In the United States, students attend school with the understanding that they have certain rights. Among these rights students should have at school are the freedom to wear clothing of their choice, the freedom to express themselves verbally, and the right to privacy. While these rights are not always absolute, they provide a framework within which students can expect to be treated fairly. Understanding your rights as a student is essential in order to ensure that you are able to learn and thrive in an educational environment.

What rights do students have in school? The First Amendment to the United States Constitution protects the right to free speech, one of several laws that protect students’ rights, and in fact, the rights of everyone. This means that students are generally permitted to express their opinions on matters of public concern without fear of retribution. However, there are some limits on this right, and schools may place restrictions on the time, place, and manner of speech in order to maintain a safe and orderly learning environment.

Knowing your rights can help you stand up for yourself if you feel that you have been mistreated, and it can also help you create a more positive experience for yourself and for other students at your school.

This article details student rights at school and expounds on the coverage of each. In reading the write-up, youngsters will know the privileges entitled to them as students and discern if certain actions and events within school grounds infringe on their rights. Educators, on the other hand, will be informed of their responsibilities and limitations as the stewards of learning in school.

Student Rights at School: 20 Things to Consider

1. Student Rights at Private Schools
2. Student Protests and Political Speech
3. Freedom of Speech
4. Harassment and Bullying
5. Dress Codes
6. Immigration Rights
7. Disability Rights
8. LGBTQ Rights
9. Parenting Rights
10. Tribal, Cultural, and Religious Rights
11. Health Rights
12. Sex Education Rights
13. Cellphone Privacy Rights
14. Right to Education During the COVID-19 Pandemic
15. School Discipline Rights
16. Rights of Students Experiencing Homelessness
17. Social Media Rights
18. Right of Refusal to Student Searches
19. Right to File a Complaint with the School
20. Right to File a Complaint with the Office for Civil Rights

Student Rights at Private Schools

Student rights and responsibilities in public schools slightly differ from those in private institutions, since the former is covered by blanket laws set forth by the United States Constitution (Kennedy, 2019). Private schools, on the other hand, are subject to a legal responsibility known as In Loco Parentis in which the institution assumes the role of a parent, along with its responsibilities in protecting its students (US Constitution, nd). The limits of its provisions can be set and administered arbitrarily.

Student Protests and Political Speech

While holding disruptive practices could be barred within school premises depending on the state, students have the right to conduct protests, distribute flyers, wear clothing and/or accessories in protest or support of a movement, and publicly express statements for or against a political figure even if they are counter to the school’s stances (ACLU, nd). This extends to social media.

Freedom of Speech

Similar to the right to political speech, students have the right to free expression as part of their school rights. What rights do students have in terms of free speech? They must not be prohibited by the school from saying, writing, or expressing on any legal medium their thoughts and opinions even if these do not reflect the school’s sentiments (My School My Rights, nd).

Harassment and Bullying

Bullying and harassment occur when a student, teacher, or any member of the school staff commits acts that make another feel unsafe, negatively affect their wellbeing, or compromise their participation in school. These come in various forms, such as physical violence, sexual advances, humiliation, intimidation, or cyberbullying, and broach many themes, which include gender, sexual orientation, nationality, religion, race, ethnicity, and political inclination.

Sources:

1. American Civil Liberties Union (n.d.). ACLU-NJ SUES 5 SCHOOL DISTRICTS THAT DISCRIMINATE AGAINST IMMIGRANT STUDENTS. Retrieved from aclu.org
2. American Civil Liberties Union (n.d.). RACE, DISCIPLINE, AND SAFETY AT U.S. PUBLIC SCHOOLS. Retrieved from aclu.org
3. https://oedb.org/ilibrarian/10-advantages-to-taking-online-classes/   Date accessed: (December 6, 2022)
4. https://www.straighterline.com/blog/34-top-secret-benefits-of-studying-online/  Date accessed: (June 10, 2023)
5. Student_rights  Date accessed: (July 31, 2022)
6. https://research.com/education/student-rights-at-school#1
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