Students Legal Rights in School

Students with limited English proficiency cannot be turned away from schools that must give them language classes. Find out about the final decision-makers (principal, school district manager or school board) and consider how to address your complaint to that decision-maker. Keep copies of any documents you submit or that the school gives you. Since student rights in private institutions are not fully covered by the student laws of the U.S. Constitution, we chose to focus on the rights of learners in public schools. The ACLU of Florida believes that all schools should treat students with respect and that school rules should be reasonable and consistent with core American values. If you believe your rights are being violated, please contact us at www.aclufl.org. Similarly, all students come to class with different abilities and skills. Some students are great writers. Others are excellent at mathematics. Some have difficulty remembering information presented to them in an auditory manner.

Others have difficulty sitting for a long time. Although it is difficult to plan for individualized instruction (especially in large classrooms), teachers should strive to see all students as individuals and provide them with resources or activities to help them reach their potential. School assignments missed due to pregnancy may be submitted, even if the deadline has passed once the student returns to class, and must be factored into the grading (U.S. Department of Education, n.d.). Any form of harassment by other students, teachers and school officials is not permitted and should merit sanctions. In addition, the school must have an anti-discrimination policy and publish the complaints process to protect the well-being of learners, including pregnant students. Homeless students have the right to receive an education from their «school of best interest,» which may include, but is not limited to, the institution they attended when they experienced homelessness or the one closest to their current address (My School My Rights, n.d.). You have the right to free transportation to this school as well as the right to enrol in this school, even if your documents are missing and the registration deadline has already passed. In addition, homeless learners should receive school services comparable to those of ordinary students. Schools cannot share information about a student`s homelessness unless they have the consent of the student or their family. Schools can also sniff dogs and search metal detectors, but they cannot conduct patrol searches of students (My School, My Rights, n.d.).

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the confidentiality of students` school records. The Act applies to all schools that receive funding under an applicable U.S. Department of Education program. Like the right to political expression, students have the right to freedom of expression. The school cannot prohibit them from expressing, writing or expressing their thoughts and opinions in a lawful medium, even if they do not reflect the feelings of the school (My School My Rights, n.d.). Another form of expression for many students is the way they dress and present themselves. The Supreme Court`s decision in the Tinker case, which involved a black armband worn in protest against the Vietnam War, showed that the expressiveness of clothing is protected by the First Amendment. [34] However, the Court did not address the schools` dress code directly. In the lower courts, dress codes designed to limit distractions and encourage discipline were maintained, as was the uniform requirement.

In addition, dress codes are allowed that prohibit gang symbols, which can be disturbing, although the symbols are meant to express ideas. [35] On the other hand, clothing that is otherwise acceptable under the dress code, but that carries a political message that the school does not like, cannot be prohibited as it would be an unconstitutional «viewpoint» restriction. [36] If you feel confident to do so, ask for testimony from witnesses such as other students, school staff, and administrators. One of the biggest complaints about standardized tests is that they don`t provide a fair assessment of student learning. Many tests are aimed at the wealthiest students who have a reserve of crucial basic knowledge to help them answer questions about the test.