The First Amendment guarantees that students cannot be punished for exercising the right to free speech, even if the school administration does not approve of what they say. Unfortunately, when legal protections are weak, schools threaten students` language – and their privacy – by requiring them to disclose the contents of their social media accounts, cell phones, laptops and other personal technologies. The ACLU is fighting for new state laws across the country that would provide stronger protections for student privacy. Although federal and state laws affect the operation and responsibilities of a public school, the most important decisions regarding public education are made at the local level. Each state divides its many public schools into local districts, which can be as large as an entire county or as localized as the setting of a city. Each district is governed by a school board composed of elected officers who are responsible for the decision-making powers of the district. Each school district has a superintendent who is responsible for implementing school board decisions and overseeing the day-to-day operations of the district. A principal oversees the day-to-day operations of a single school in the district, and the principal usually reports to the superintendent. Public schools should not threaten to “disclose” students to their families, ignore bullying, force students to wear clothing that does not match their gender identity, or ban LGBT-themed clubs or clothing.

Transgender and gender-incompatible students often face hostile environments where school officials refuse to label students by their preferred gender pronouns or provide access to appropriate washrooms and locker rooms. Although some courts have ruled that parents have little right to control what their children learn in public schools, all states allow some form of parental control. For example, many states allow parents to exclude their children from learning certain subjects, such as sex education. Some states also allow other assignments if a parent objects to their child performing a specific task, such as reading an assigned book. Children generally have almost all the same constitutional rights as adults, but in a public school, children`s rights can be restricted to avoid disrupting the educational process. Freedom of expression and due process are two examples of such restrictions. Schools have a duty to protect students with disabilities from bullying and biased treatment, and the ACLU ensures that the rights of these students are protected. Sometimes educators and administrators discriminate by refusing to take necessary medical precautions, restricting access to educational activities and opportunities, ignoring harassment and bullying, and failing to train staff to comply with state and federal laws. The U.S. Supreme Court has ruled that students attending public schools do not exercise their constitutional rights to freedom of speech or expression at the school gate. (Tinker vs.

Des Moines School Dist. 393 U.S. 503, which defends the right of students to wear black armbands in school to protest the Vietnam War). While students enjoy First Amendment freedoms, their rights may be limited. Over the years, there has been a plethora of free speech lawsuits involving public schools. The Court held that certain types of speech, including the wearing of certain religious clothing and symbols (e.g. T-shirts with suggestive language or a necklace with the symbol of a cross) and participation in groups or associations should be used in a way that reconciles a student`s right to freedom of expression with a school`s need to provide a safe learning environment. Bullying of LGBT students can be pervasive in schools and is too often ignored or encouraged by the schools themselves. LGBT students have the right to be who they are and to express themselves at school.

Students have the right not to be in the closet at school, and schools cannot shirk their responsibility to create a safe learning environment and deal with incidents of harassment. Most schools have student codes of conduct and other disciplinary guidelines that typically outline a student`s rights and responsibilities within the student body. These policies also typically include acceptable or inappropriate behaviour on school grounds (or even outside the school gates). Parents (or guardians) should review these guidelines with their child to ensure they are aware of important safety and discipline guidelines. Schools must not discriminate against students on the basis of race, skin color, and national origin. Undocumented children cannot be denied their right to free public education, but some schools continue to pursue exclusionary policies. Last year, the ACLU sued several school districts for requiring families to prove their immigration status in order to enroll their children in school. If a school believes a student does not meet IDEA`s criteria for special education services, parents can appeal and even sue to claim special education services. There are special schools for children with disabilities. To be eligible for a special school, a child`s disability must interfere with his or her academic performance. The Education of Persons with Disabilities Act (20 U.S.C. §§ 1400 et seq.) establishes a process for assessing a child`s special needs and providing an individualized educational program.

Federal law is binding on all states. In addition, most states have their own laws that comply with the law. Under the law, parents and families of children in special schools have certain rights, such as the right to inspect the child`s school records. If you are returning to school this year, make sure you know your rights and make sure your school treats every student fairly and equitably. The ACLU has a long tradition of fighting to protect student rights and is always ready to speak to you on a confidential basis. If you believe your rights have been violated, please do not hesitate to contact your local ACLU affiliate. Public schools receive their funding from a variety of sources. Federal laws passed by Congress can fund schools across the country. State legislators also allocate funds to schools each year through the state`s annual budget process. Local districts in many states may propose local taxes to provide additional funding to that particular school district.

Finally, businesses, public interest groups and parents can provide grants or donations to fund school activities or renovations. Students with limited English proficiency cannot be turned away from schools that must give them language classes. Bullying in schools is a serious and growing problem occurring on school campuses across the country. Bullying not only encompasses the overall learning objectives of educational environments, but also threatens a student`s right to attend safe classes on school campuses. There is a growing number of complaints stemming from the failure of some schools to ensure the safety of students on school grounds.