Students' Rights

School children have a range of rights under the U.S. Constitution, as well as federal and
state laws.

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What Is “Reasonable Suspicion” for Searching Students at School?
If a teacher or principal searches your backpack or cellphone without a good reason, the search could be a violation of your privacy rights under the Fourth Amendment. ... READ MORE

Freedom of Expression in School: An Overview
Learn the basics of how the First Amendment protects the right of public K-12 students to express their views, including when and how school officials may limit free speech rights on campus, off campus, and online. ... READ MORE

Can Schools Punish Students for Online or Off-Campus Speech?
The Supreme Court has held that public schools may limit some—but not all—off-campus speech by K-12 students, including social media posts. ... READ MORE

When Can Schools Limit Students’ Free Speech Rights?
Students don’t lose their First Amendment rights by going to public school, but they can still be punished for some kinds of speech—or other ways of expressing their opinions. ... READ MORE

Can My School Force Me to Take a Drug Test?
Schools may require drug tests for some students in some circumstances. Learn how Fourth Amendment search-and-seizure rules apply to testing for illegal substances at school. ... READ MORE

What Are the Rules for Disciplining Special Ed Students?
Learn what public schools have to do before they can discipline special ed kids by moving them to different classrooms or suspending them for more than 10 days. ... READ MORE

Bullying and Harassment at School
What can parents do if their children are being bullied at school, on social media, or through texts? When is bullying or cyberbullying a crime? ... READ MORE

Fourth Amendment Rights and Searches at School: Frequently Asked Questions
When can a teacher or principal search a student’s phone, locker, or backpack? Can a school force you to take a drug test or conduct a strip search? Look below for answers to common questions about privacy rights at school. ... READ MORE

When Can Schools Search Students and Their Belongings?
Schools have more leeway than police when searching students’ pockets, backpacks, lockers, and other belongings, but there are limits. ... READ MORE

Cell Phone Use in Schools: When Can Teachers Confiscate or Search Students' Devices?
Learn how Fourth Amendment protections against unreasonable search and seizure apply when school officials take students' smartphones or look at texts, pictures, and other data on the devices. ... READ MORE

 

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