Know Your Student Rights for the New School Year

The sun has set on another summer break, and school is officially back in session. Students returning to the classroom will have a lot of responsibilities ahead, from exams and term papers to homework and extracurriculars, but it’s important to remember that schools have responsibilities to their students, too. 

These institutions owe a duty of care to the kids inside and must respect the rights and safety of all students under their supervision. At Morgan & Morgan, we take student rights seriously and want to ensure your access to learning isn’t inhibited by any violations of those rights.

What Are My Rights as a Student?

It may not seem like it when you’re stuck in detention, but as a student, you have protected rights. Those include:

A Right to Free Speech

Everyone has a right to freedom of speech and, yes, that includes students, too. Whether it’s in elementary school or college, students can safely express themselves. Here are some ways your right to free speech can play out at school.

Dress codes have limits. 

Schools can have dress codes, but they can’t use them as an excuse to punish students for wearing natural hairstyles, clothing that displays political messages, or items that express their religion. Your teacher disagree with your beliefs? Too bad. Schools have to make a strong case in court that dress code violations disrupt learning.

Your social media is yours. 

And you can say what you want on it. Schools can’t punish students for things they say on their personal social media accounts when it’s off-campus and after school hours.

Your voice can be heard. 

Students can protest, create petitions, and hand out flyers for causes they care about. Be careful though—it’s important not to interrupt the school’s routines or have a message that violates school policies.

A Right to Education for All

Various laws in the United States such as the Civil Rights Act, the Equal Educational Opportunities Act, and the Americans with Disabilities Act protect students from discrimination based on race, national origin, religion, sex, and disability.

Immigrants can’t be denied access to education. 

Whether or not you’re a US citizen, all children have a right to education. Plus, public schools have to provide language help for children that are still learning to speak English.

People with disabilities have a right to equal access. 

Schools can’t deny students with disabilities equal access to classes, trips, activities, and more. Governments have to provide a free and appropriate education to these students as well.

There is zero tolerance for racism. 

Students of color can’t be disciplined more often or more harshly than other students. This would be considered discriminatory and could have a negative effect on their education. Racial slurs or harassment from other students, teachers, or school employees must be addressed quickly.

A Right to Safety

Schools have a legal and moral obligation to ensure the safety and well-being of their students, which is often referred to as their duty of care. This duty extends to the premises and equipment used by students. 

A school must provide reasonable care.

Schools must take reasonable steps to prevent injury to students under their control, such as providing a physically safe environment and maintaining school facilities. 

Bullying has to be promptly dealt with.

Schools must control the conduct of students, teachers, other students, and third parties. This includes being attentive to signs of distress, abuse, discrimination, or bullying, and providing appropriate support or specialist referrals when needed. 

Wondering how schools in your state have to respond to bullying? Visit stopbullying.gov to see how your school district is legally obligated to stop this bad behavior.

Adequate supervision must be provided.

Schools must supervise students effectively in both a physical and emotional sense. This includes providing supervisory care for the student's safety or well-being, and for school-sponsored activities. 

Communication is key.

Schools may need to communicate with students to protect them from foreseeable harm. For example, a university may need to warn students of another student's behavior.

What if My Rights or My Child’s Rights Were Violated at School?

If you or a loved one experienced a violation of rights or were harmed on school property, it’s important to act quickly. Keep detailed records of any incidents, including emails, letters, meeting notes, and witness statements. Documentation can be crucial if you need to escalate the issue.

Often, issues can be resolved by discussing them directly with teachers, school administrators, or the school board. Request a formal meeting to address your concerns and seek a resolution.

If your concerns are not being addressed or if the issue is particularly severe, it may be time to consult a legal professional. At Morgan & Morgan, our experienced education law attorneys can help you understand your options and advocate on your behalf. You can hold the responsible parties accountable and may even be entitled to compensation. 

To learn more about your legal options and to have your story heard, contact Morgan & Morgan today for a free, no-obligation case evaluation.