1. education
2. school

A Manual for Public School
Students in Pennsylvania
A publication of
Know Your Rights
A Manual for Public School Students in Pennsylvania
American Civil Liberties Union of Pennsylvania
DEDICATION
Dedicated to the memory of Stefan Presser, in recognition of his lifetime of service to the
American Civil Liberties Union and the rights of students and young people – beginning in 1973
when he became the first director of the New York Civil Liberties Union’s High School Journalism
Workshop. Stefan served as legal director for the ACLU of Pennsylvania from 1984 to 2004, where
he worked for the rights of all people, regardless of age.
THANK YOUS
Many thanks to the many students and advocates who assisted in the creation of this
edition of the manual.
Zeenaz Ali
Malia Brink
Maura Caffrey
Ellen Cassidy
Nadia Elkaddi
Peter Goldberger
Lorraine Gordon
Walter Fox
Sarah Maneval
Grace Palladino
Emma Reynolds
Julia Richardson
Maya Sosnov
David Trevaskis
Shacheendra Vinod
Jenny Wu
Know Your Rights was produced, in part, by a grant from the National American Civil Liberties
Union Foundation.
Design and layout by Jonathan Fobear.
Third edition. 2006
Table of
Contents
I NTRODUCTION
Call to Action
Where Do You Get Your Rights?
What is the ACLU?
FREEDOM
OF
EXPRESSION
School Clubs
School-Sponsored Newspapers
’Zines, Underground Newspapers,
& Student-Distributed Literature
Bulletin Boards
Cyberspace and the Internet
Protests and Demonstrations
Pledge of Allegiance
Dress Codes and School Uniforms
FREEDOM
OF
RELIGION
Prayer in Schools
Accommodating Religious Students
Teaching Religion in Schools
Religious Clothing and Accessories
Holiday Celebrations and Displays
EQUAL PROTECTION
Discrimination and Harassment
Sexual Harassment
Lesbian, Gay, Bisexual, Transgender and
Questioning students(LGBTQ) Students
Students with Disabilities and Students
needing Special Education
STUDENTS’ PRIVACY RIGHTS
AND SCHOOL S ECURITY
Locker, Backpack and Body Searches
Weapons at School
Police Officers and School Security Guards
Drug Testing
Metal Detectors
SCHOOL RECORDS
S EXUAL H EALTH
E DUCATION
AND
Pregnant and Parenting Teens
Birth Control
Abortion
STUDENT DISCIPLINE
Suspensions
Expulsions
Discipline of Students with Disabilities
A STUDENT CALL
TO
ACTION
Have you ever felt that you are powerless to
stop what you think is unfair treatment by
teachers and administrators in schools? While
students’ rights are usually less than adults
enjoy, it is important for you to realize that
students have rights on a whole range of
issues, including criticizing your school, writing
in newspapers, expressing your religious views
and not being forced to follow those of other
people, privacy in your things, fairness and due
process if you’re punished, and protection
against discrimination. Unfortunately, many
students don’t seem to know that they have any
rights or that there is anything they can do if
their rights are violated.
This booklet is a tool to help you and your
peers know what your rights are at school.
Knowing your rights is the first step in using
them. Some say that having rights is not
enough if you don’t use them. Think about it: If
students aren’t educated about and don’t speak
up for their rights, it is easy for those in power
to violate, and even take away these rights.
Speaking up about your rights and what you
believe to be fair can be difficult. Let’s face it;
students are up against a lot these days with
metal detectors, uniforms and an atmosphere
that does not encourage young people to
express themselves. Whether you are an individual student who feels that your rights have
been violated, or you are part of a group of
students that has been unfairly affected by a
new school policy, it takes a lot of strength and
determination to demand that your school
respect your rights.
3
Introduction
Fighting for your rights
the ACLU, or a community organization that offers
legal aid to discuss your situation and whether suing
is the right step to take.
Learn & understand your rights–get a copy of your
school’s Code of Student Conduct. Read the Code and
this booklet carefully. Learn from this booklet what
rights you have and compare it to your student handbook to see how your school might be limiting your
rights. Find out if your school has an official way of
dealing with complaints.
Where do you get
Your Rights?
In this booklet, you will notice that we often refer
to different sources—the U.S. Constitution, the
Pennsylvania Constitution, the Pennsylvania Code and
the courts. Your rights come from and are protected
by these sources.
• Be pro-active
Don’t wait until your rights are violated to speak up.
Build relationships with school officials now to discuss
student rights.
The U.S. Constitution
& Bill of Rights
• Know your facts
Write a statement that includes the “who, what, when
and where” of an incident in question. Get witnesses to
give statements. Make sure you have a copy of all
relevant school rules and policies. Be prepared:
make sure you know the other side’s arguments, too.
These have a impact on your daily life as a student.
Public schools, including charter schools, must follow
the U.S. Constitution and the rights it provides to you.
Private schools, however, aren’t required to, so private
school students may not have the same protections.
Public school students usually end up with a “junior
version” of the Bill of Rights, and, as you read on, you’ll
learn how your “constitutional rights” are limited.
Throughout this book we refer to the First, Fourth and
Fourteenth Amendments to the Constitution, which are
particularly important for students.
• Identify the changes you want
Do these changes affect just you or do they involve
a rule or policy affecting everyone in your school,
the school district, or the whole state?
• Identify who has the power
to make the changes
The Pennsylvania Constitution
If your problem is with a teacher, school official or
security guard, go to the principal first. If your
problem is with the principal, go to a school board
member or the superintendent. If your problem is with
a policy you may have to go to the school board.
This also protects your rights as a student. While
the state constitution cannot give you less rights than
does the U.S. Constitution, in some areas the courts
have ruled that it gives you more rights.
• Work with others
Pennsylvania Code
Making your way through “the system” of
administration can be frustrating and ineffective. Find
allies—other students, teachers, counselors or
parents who support you or are going through the
same situation. Find community leaders or groups that
can fight with and for you.
This code regulates all of the state’s public schools
and student conduct. The code requires that each
school board adopt its own “code of student conduct.”
This code of student conduct should include your
school’s discipline policies and a list of student’s
rights and responsibilities. Your school should distribute the student conduct code to every student and
parent, and make it available in the school library. You
can see the Pennsylvania Code online at
www.pacode.com. If your school’s code is inconsistent
with the U.S. or Pennsylvania Constitutions, a court
can order it changed.
• Observe time limits
Make sure to read carefully any letters and notices
from the school. Respond by all deadlines to ensure
your rights are preserved.
• Consider legal action
When all else fails and if your problem hasn’t been
resolved at the school level, it may be time to think
about a lawsuit against the school officials involved.
A lawsuit can take a long time, can be expensive
(but not if handled by the ACLU, which doesn’t charge).
It should be your last resort. Contact a private lawyer,
IN
THE
COURTS:
Sometimes, students who feel their rights have been
violated take their case to court. The situation may be
resolved in a local, state, or federal court or it may go
4
Introduction
Student Complaint
all the way to the U.S. Supreme Court. These court decisions, especially those from higher courts, mean a lot for
students’ rights. When a court decides whether a school
policy or action is legal, that decision becomes “case law.”
We’ve included many important court decisions that have
affected students’ rights.
Procedure
Many school districts offer students a
"Student Complaint Procedure“ to
address "unfair treatment, injury,
harassment or wrong use of any rule."
Most school districts recommend starting by contacting your principal or guidance counselor. The Philadelphia School
District allows students to have an
"Ombudsman"- or advisor- in each
school, to help inform students of their
rights and responsibilities.
The Pittsburgh school district has
Parent Education Resource Centers and
the Harrisburg School District has a
student support services department.
Find out about the complaint policy for
your school and encourage other students to use the procedure if they have
a complaint.
WHAT THE
ACLU THINKS:
Everyone has an opinion, and the ACLU has
lots of them. In many places in this book,
you’ll learn what the ACLU’s position is on
censorship, metal detectors, uniforms and
more. Just keep in mind that the ACLU’s position is not necessarily what the Pennsylvania
Code says or what the courts have decided.
ACL...Who?
WHAT
IS THE
ACLU?
The American Civil Liberties Union (ACLU) is a non-profit organization that since 1920 has been fighting to defend
people’s rights. We do this in courts, in Congress, in local
and state governments and through public education.
The ACLU works to extend basic rights to people
who have historically been denied them, such as students and other young people; women; people of color;
religious minorities; immigrants; lesbian, gay, bisexual,
transgender and questioning people; people with disabilities and homeless people.
In Pennsylvania, the ACLU sponsors the Know Your
Rights program to empower students by informing them
about their rights in public schools. You can contact the
ACLU of Pennsylvania at any one of our three offices:
Constitution
IN THE
The First Amendment protects freedom of expression and says that the
government “shall make no
law…abridging the freedom of
speech.” It also stops the government
from promoting or endorsing religion
and guarantees your right to freely
practice your religion.
The Fourth Amendment guarantees
“the right of people to be secure in
their persons, houses, papers, and
effects, against unreasonable searches and seizures.”
Philadelphia Office PO Box 40008
Philadelphia, PA 19106
215-592-1513
[email protected]
Pittsburgh Office 313 Atwood Street
Pittsburgh, PA 15213
412-681-7736
[email protected]
The Fourteenth Amendment gives
people “equal protection of the law”
which protects them from discrimination and harassment. It also protects
our right to privacy (which includes
birth control and abortion). And it
says that everyone is entitled to “due
process of law,” or fair procedure.
Harrisburg Office PO Box 11761
Harrisburg, PA 17108
717-238-2258
[email protected]
5
Freedom of Expression
Freedom of
Expression
Constitution E
IN THE
xpression is how you choose to
show the world who you are and
what you believe in.
WHAT ABOUT WHEN I GO TO SCHOOL?
DO I HAVE ANY RIGHTS TO EXPRESS MY
OPINIONS THERE?
The First Amendment guarantees
our right to free expression. This
means that the government’s
power is limited in being able to
tell us what to say or believe.
Expression includes your spoken
and written words, how you dress,
your tastes in art and music, what
you post on the Internet, your
decision to salute the flag or not,
your participation in protests and
rallies and even what clubs and
organizations you choose to join.
Yes! Students do not leave their First Amendment
rights outside the schoolhouse door. This means you have
some rights to express your opinions in school, but they
can be limited to prevent major disruptions to classes
and activities.
BUT I
READ IN THE PAPER ABOUT A
GUY IN MICHIGAN WHO WASN’T
ALLOWED TO WEAR A T-SHIRT TO
SCHOOL THAT SHOWED PRESIDENT
GEORGE W. BUSH WITH THE WORDS
“INTERNATIONAL TERRORIST.” WHAT
ABOUT HIS FREEDOM OF EXPRESSION?
6
Freedom of Expression
You’re right. In 2003, high school senior Bretton
Barber was suspended from his school for wearing a
t-shirt calling George W. Bush an “International
Terrorist.” With the ACLU’s help, he challenged the suspension and won. Bretton wasn’t interfering with the
daily school activities by wearing a t-shirt, so the
school couldn’t discipline him for expressing his opinion or political viewpoint.
I fought the law...
TINKER V. DES MOINES INDEPENDENT
the (1969)
law...
COMMUNITYI Sfought
CHOOL DISTRICT
Thirteen-year-old Mary Beth Tinker
and four other students in Des Moines
protested the Vietnam War by wearing
I fought
the
black armbands
to school.
Thelaw...
school
punished Mary Beth and the other students for wearing the armbands, but
the students and their parents fought
for their rights all the way to the U.S.
Supreme Court. The Supreme Court
sided with the students. They said that
students “do not shed their constitutional rights to freedom of speech and
expression at the schoolhouse gate.” It
was an important victory for students’
speech rights.
CAN
A SCHOOL PROHIBIT ANY MESSAGES ON T-SHIRTS AND BUTTONS?
Yes. As you’ll see in the next section, school officials can restrict students’ expression in school. But
if the message your T-shirt or button delivers is religious or political (like a protest against something in
the school), you have more rights and it is less likely
that the school can legally prevent the message.
SO, I CAN SAY WHAT I WANT, WHEN I WANT,
AS LONG AS I DON’T DISRUPT SCHOOL?
Not exactly. For example, the Pennsylvania Code adds
some restrictions on student speech and courts have
allowed others. While students do have the right to express
their opinion in school, they can’t do so in a way that:
• Substantially and materially interferes with
school activities;
• Threatens immediate harm to the
welfare of the school or community;
• Encourages unlawful activity; or
BETHEL SCHOOL DISTRICT NO. 403 V.
FRASER (1986)
A high school student at an assembly
gave a speech nominating his friend
for student government. He used sexual innuendoes in his speech and the
school suspended him for it. He sued
the school, arguing the suspension
violated his free speech rights. But,
the U.S. Supreme Court said it was
okay for the school to punish the student. A school can prohibit lewd and
vulgar student speech as part of its
job of teaching students “the boundaries of socially appropriate behavior.”
WHAT THE
ACLU THINKS:
The ACLU often argues with schools over
what speech is actually prohibited, such
as whether something really disrupted
the educational process or if school officials simply said it did to censor an opinion they didn’t like.
from
using lewd, profane or offensive language at school
assemblies and elsewhere around the school, too.
• Contains profanity (swear words) or is vulgar.
WHEN
MY FRIEND WAS GIVING A SPEECH
FOR SCHOOL SPIRIT WEEK, HE SAID
SOME THINGS THAT HAD A SEXUAL
“DOUBLE MEANING.” WE ALL THOUGHT
IT WAS FUNNY, BUT HE GOT DETENTION.
CAN THE SCHOOL DO THAT? WHAT
ABOUT FREEDOM OF SPEECH?
I WAS SENT TO THE PRINCIPAL’S OFFICE
JUST FOR MAKING A SPEECH. WE WERE
IN THE MIDDLE OF ALGEBRA, AND I
STOOD UP TO TELL MY CLASS HOW I
THINK IT’S UNFAIR THAT THE HEALTH
TEACHER GOT FIRED. I KNOW IT WASN’T
RELATED TO CLASS, BUT DON’T I HAVE A
RIGHT TO EXPRESS MY OPINION?
Yes, the school can punish your friend for using sexual innuendoes in his speech. Schools can stop students
Students do have the right to express their opin7
Freedom of Expression
P E N N S Y L V A N I A
ions but this does not mean that they have a right to
speak out in the middle of class on an unrelated topic.
CODE
SO, IF NO ONE IS ALLOWED TO GIVE A
SPEECH IN ALGEBRA CLASS, THAT IS
OKAY?
“The constitutional right of freedom of
speech guarantees the freedom of public school students to publish materials
on their own…The students themselves
have sole responsibility for any statements published. Approval procedures
must be followed prior to distribution
or display of materials on school property.” (PA Code Section 12.9)
Yes.
School Clubs
THE
PRINCIPAL WON’T LET OUR PROCHOICE TEEN’S GROUP MEET IN A
CLASSROOM AFTER SCHOOL. BUT THE
SCHOOL DRAMA CLUB IS ALLOWED TO
MEET ON SCHOOL PROPERTY AFTER
SCHOOL, AND SO ARE A LOT OF OTHER
CLUBS. IT DOESN’T SEEM RIGHT TO LET
SOME GROUPS MEET AND NOT OTHERS.
“Students have a right and are free as
editors of other newspapers to report
the news…School officials shall supervise student newspapers published
with school equipment, remove
obscene or libelous material and edit
other material that would case a substantial disruption or interference with
school activities. School officials may
not censor or restrict material simply
because it is critical of the school or its
administration.” (PA Code § 12.9)
It isn’t right. If other groups not directly related to
the curriculum can meet on school property after
school, then your group must also be allowed to. You
have a right to express yourselves by forming a club
and sharing your views.
DOES THAT INCLUDE ALL STUDENT
GROUPS? WE WANT TO FORM A
CHRISTIAN BIBLE STUDY GROUP AND
ALSO SAY PRAYERS AT OUR MEETINGS
AFTER SCHOOL. IS THAT OKAY?
ular club, then the school has to allow gay-themed clubs.
If your school lets other school groups meet, then
your Bible group can also meet. And you can pray
openly, if you want. The school can’t allow some
expression and forbid other expression, like prayers at
least not for after-hour student clubs.
School-Sponsored
Newspapers
The First Amendment protects freedom of the press,
including school newspapers, underground student
press, and the Internet. Students’ speech rights, however, are not automatically the same as adults’ speech
rights in all cases. That’s why students have to keep
pushing to make sure their rights are protected.
CAN
A TEACHER OR SOMEONE FROM THE
COMMUNITY PARTICIPATE IN OUR BIBLE
STUDY MEETINGS, TOO?
No. Only students can be involved in meetings of
student religious groups on school property. School
staff can’t participate, and people from outside the
school can’t lead or regularly attend the meetings.
I
WROTE AN ESSAY ABOUT TEEN SEX
AND PREGNANCY. BUT THE TEACHER IN
CHARGE OF THE SCHOOL PAPER WOULDN’T LET US USE MY ESSAY. SHE SAID
THE SUBJECT MATTER WAS INAPPROPRIATE. WHEN WE WENT TO THE PRINCIPAL
TO COMPLAIN, HE AGREED WITH THE
TEACHER! DOESN’T THAT GO AGAINST
FREEDOM OF SPEECH AND THE PRESS?
WHAT
IF WE INVITE A TEACHER OR PARENT TO COME JUST ONCE, AS A GUEST
SPEAKER?
That would be okay.
D O THE SAME RULES APPLY TO
GAY/STRAIGHT A LLIANCE CLUBS
MY SCHOOL?
AT
If your paper is sponsored by the school, then the
principal can block publication of your essay. Schools can
limit what students say in official school publications or
Yes. If there is a Bible club or any other non-curric8
Freedom of Expression
activities—like the newspaper, yearbook, or the school
play—if they think its “inappropriate” or “harmful.”
They can also remove or edit articles they think are
obscene or too disruptive. School officials, however,
aren’t allowed to censor a school newspaper just
because it criticizes the school or school officials. And
students are free to report the news—just likecontributors to other newspapers.
THE ARTICLES TO THE VICE PRINCIPAL TO
SEE IF HE THINKS THEY MIGHT CAUSE
TROUBLE, LIKE THE EDITORIAL MY FRIEND
WROTE CRITICIZING THE SCHOOL UNIFORM
POLICY. THE DAY BEFORE THE PAPER WAS
SUPPOSED TO COME OUT, THE VICE PRINCIPAL TOLD US THAT WE COULDN’T PUBLISH
THE EDITORIAL. HE SAID IT MIGHT
ENCOURAGE STUDENTS NOT TO FOLLOW
THE RULES AND SOMEONE MIGHT GET IN
TROUBLE. WE HAD TO FILL IN THAT EXTRA
PAGE ON REALLY SHORT NOTICE, AND IT
WAS DIFFICULT FOR EVERYONE INVOLVED. I
UNDERSTAND WHY THE VICE PRINCIPAL
DIDN’T WANT US TO PUBLISH IT, BUT
SHOULDN’T HE HAVE TOLD US SOONER?
WHY
CAN SCHOOLS CENSOR WHAT WE
SAY IN THE SCHOOL NEWSPAPER?
Schools own the official school newspaper and what
is printed there reflects on the school itself, so teachers
and administrators can restrict what gets printed. But
they can only censor you if they show good reason, such
as why it’s “inappropriate” for kids to read the censored
speech. Unfortunately, schools often decide that important but controversial topics like teen pregnancy, alcohol
abuse, or sex education, are “inappropriate” and shouldn’t be published. The law in this area is complex, so if you
have experienced censorship with an official school
paper and aren’t satisfied with the school’s explanation
you will likely need to get more legal advice.
Yes, he should’ve told you sooner. While schools
have some control over school publications, they also
have to exercise that control in a way that isn’t unfair
to you. Your school has to point out clearly whether
the English teacher or the vice principal is in charge
of approving articles. And they must tell you how long
that school official gets to make the decision about an
article. If that time passes and the official still hasn’t
decided, then consider your article approved.
AT OUR SCHOOL PAPER, WE SUBMIT OUR
ARTICLES TO THE HEAD OF THE ENGLISH
fought
the
DEPARTMENTI BEFORE
THEY
CANlaw...
GO IN
OUR NEWSPAPER. SOMETIMES SHE GIVES
CAN
ANY STUDENT TRY TO GET PUBLISHED IN THE SCHOOL NEWSPAPER?
Yes. Students who aren’t on the newspaper still can
have access to its pages. Rules for submitting articles
by non-staff members should be developed and distributed to all students.
I fought the law...
HAZELWOOD SCHOOL DISTRICT V.
KUHLMEIERI (1988)
fought the law...
Zines, Underground
Newspapers & StudentDistributed Literature
I fought the law...
A school principal decided to remove
student-written articles on teenage
pregnancy and divorce from the
school newspaper. He thought they
were “inappropriate” at least for the
younger students at the school.
Students on the newspaper challenged his right to censor their work.
The Supreme Court agreed with the
principal. Since it was a school-sponsored newspaper, the principal had the
right to keep certain articles out of
the paper. He could do so as long as
he showed a good reason. And the
Court thought keeping “inappropriate”
material away from students was a
good reason.
I KNOW WHAT I SHOULD DO WITH MY
TEEN PREGNANCY ESSAY. START A ZINE
AND PUBLISH IT THERE. THE SCHOOL
DOESN’T OWN IT, SO THEY CAN’T STOP ME
FROM PUBLISHING WHAT I WANT, RIGHT?
Yes. If you want to publish an unofficial or “underground” newspaper or magazine, then the First
Amendment and Pennsylvania law gives you more protection. School officials can’t ban your underground
newspaper or pamphlet just because they don’t like
what you say in it. They also can’t stop you from passing it out at school unless you “substantially” disrupt
school activities. You do, however, have to follow reasonable school rules that tell you when you’re allowed
to hand out your newspaper at school.
9
Freedom of Expression
Remember, this only applies to underground newspapers handed out at school. Your school shouldn’t be
able to tell you when or how to hand out your newspaper away from school grounds, but students have
been disciplined for this.
WHAT THE
ACLU THINKS:
The ACLU argues that the right to publish
anonymously should apply to schools. If
you are required by your school to put
your name on your underground publication, and you think it chills your speech,
you should distribute it outside of school
first, and then consider how you may
challenge the school’s requirement!
SINCE THE SCHOOL DOES NOT OWN
UNDERGROUND NEWSPAPERS, THAT MEANS
I HAVE MORE FREEDOM TO WRITE WHAT I
WANT IN AN UNDERGROUND PAPER?
Yes, with some restrictions. Students publish underground newspapers using their own resources and their
own time. So, even though schools have some control
over school-sponsored student expression, they shouldn’t be able to control this purely private student expression. While school officials can make you get approval
before publishing an article in the official school paper,
they shouldn’t make you get approval for articles published in an underground paper.
Be aware, however, that your school is likely to say
that it can ban “indecent” speech anywhere in the school.
And simply because you print it yourself doesn’t mean you
can use profanity or include lewd pictures. School rules
about swearing and other speech restriction still apply to
anything brought onto school grounds.
But, unlike with official school newspapers, the
school can’t ban ideas just because they don’t like them.
Therefore, an article or information about teen sexuality that could be banned in an official publication probably can’t be censored if you print it privately.
If you or other students are censored, it’s your
right to voice your opinion. You cannot be disciplined
for exercising your legal rights.
publish anonymously is protected by the Constitution.
While schools still have much authority to control
what is brought onto school grounds, even with privately printed newspapers and zines, that authority is
much less over information posted from home on the
Internet, as is discussed in the next section.
Bulletin Boards
In Pennsylvania, schools must provide students and
student groups with space on school bulletin boards.
AT OUR SCHOOL, WE’RE NOT ALLOWED
TO USE THE ONE IN THE OFFICE, BUT WE
CAN USE THE ONES IN THE CAFETERIA
OUR UNDERGROUND NEWSPAPER IS
GOING TO INCLUDE AN EDITORIAL CRITICIZING THE SCHOOL BOARD’S DECISION TO
SPEND EXTRA MONEY ON METAL DETECTORS THAT WERE RECENTLY INSTALLED
AT OUR SCHOOL. THERE ARE A LOT OF
STUDENTS WHO WANT THE EXTRA SECURITY AND WE DON’T WANT PEOPLE TO
KNOW WHO WROTE THE ARTICLE. AT THE
SAME TIME, WE THINK IT IS AN IMPORTANT IDEA AND WE DON’T WANT TO CENSOR OURSELVES. DO WE HAVE TO PUT
OUR NAMES ON THE NEWSPAPER?
Can they really
censor me?
Unfortunately, there’s no clear answer. Under the PA
Code, schools can make you put your name on literature
you hand out at school. But, having to identify yourself
in a publication, might stop you from saying something—especially something for which you might be
harassed. That’s why, outside of the school, the right to
10
I fought the law...
Freedom of Expression
I fought the law...
I fought the law...
FLAHERTY V. KEYSTONE OAKS SCHOOL
I fought the law...
DISTRICT (2003)
LATOUR V. RIVERSIDE-BEAVER SCHOOL
DISTRICT (2005)
In 2001, high school student Jack
Flaherty posted a message on an
Internet bulletin
board trash
I fought
the talking,
law...
including some profanity, with volleyball players from another school, and
criticized a district teacher. The
school kicked him off the volleyball
team and suspended his computer
privileges. A Pennsylvania ACLU
lawsuit resulted in the court reversing
the punishment. The Court ruled
that Jack’s speech, on his home computer and never physically brought
into school, was protected and the
school could not punish him for it.
Middle-school student Anthony Latour
put rap music and lyrics he wrote on
the Internet. The music contained
profanity and violent imagery. It also
included a “rap challenge” to another
student rapper, which contained lyrics
that sounded threatening to people
who didn’t understand hip-hop and rap
but were really pretty typical of this
type of music. The school expelled
Anthony for 2 years. A Pennsylvania
ACLU lawsuit argued that the lyrics
were not true threats and that the
school cannot punish Anthony for the
songs. A federal judge agreed, ordering Anthony’s return to school.
AND THE MAIN HALLWAY.
That’s okay. School authorities can tell you which bulletin boards to use or not use. They can also make you put
the date on whatever you post, and possibly your name.
WHAT THE
ACLU THINKS:
The ACLU argues that the authority of
school officials over student conduct is
limited. Some courts have found that
school officials can take action against
out-of-school conduct that substantially
or materially disrupts in-school activities.
WHAT
IF WE WERE TO PUT UP SOMETHING CONTROVERSIAL, LIKE A FLYER
ABOUT A GAY RIGHTS RALLY?
If your school lets some students post stuff on the
bulletin board, then they have to let all of you post.
Your school can’t tell you not to use the bulletin board
just because they don’t like what you say. But your
school can tell you to take down flyers that use lewd
or vulgar speech.
can’t give you THE answer to your question, but we are
starting to see some borders of students’ rights on the
Internet. Remember, schools can’t control what students
say or print on their own time with their own resources
and is not physically brought onto school property.
Cyberspeech
and the Internet
DOES
THAT MEAN THAT SCHOOLS CAN
NEVER REGULATE OFF-CAMPUS, PERSONAL STUDENT WEB SITES?
The First Amendment also protects the free speech
rights of Internet users, including public school students.
No. But schools can regulate student expression on
home web pages only if it poses a serious or “true
threat” to a person or group, or if it substantially and
materially disrupts the school.
Since the Internet is relatively new, the law in this
area is still evolving. As the following cases demon-
CAN
STUDENTS BE PUNISHED FOR A
PERSONAL HOMEPAGE WRITTEN FROM
HOME, IF IT TALKS ABOUT A FACULTY OR
STAFF MEMBER?
Since the Internet is relatively new, a lot of questions
about it haven’t been completely answered yet. So we
11
I fought the law...
I fought the law...
Freedom of Expression
I fought the law...
I fought the law...
KILLION V. FRANKLIN REGIONAL SCHOOL
I fought the law...
DISTRICT (2001).
J.S. V. BETHLEHEM SCHOOL DISTRICT
(2002) I fought the law...
In 1999, high school student Zach Paul
was suspended for 10 days for sending
an e-mail from his home computer to
80 of his closest friends with a David
Letterman-type “top-10 list” making
fun of the school athletic director’s
size. Someone else printed the list and
brought it to school. The school suspended Zach because he admitted to
creating the list. A Pennsylvania ACLU
lawsuit resulted in a judge ordering
Zach reinstated. The court ruled that
even though the list was offensive and
tasteless, and the school would have
been justified in punishing Zach if he
brought it to school, they could not do
so since he created it at home.
A Pennsylvania school student was
expelled for creating a personal web
page from home listing reasons to kill
his math teacher, including a request
for money to hire a hitman. The
Commonwealth Court of Pennsylvania
said the permanent expulsion of the
student was okay. The student’s
speech wasn’t protected because it
seriously threatened the teacher and
disrupted the school. Even though the
student created the web site off-campus and without school equipment, the
court said that his cyberspeech could
be regulated and punished by the
school.
RENO V. ACLU (1997)
Congress passed a law affecting the
Internet that penalized “indecent”
sexual expression that anyone under
18 might see. The ACLU and others
challenged the law in court as a violation of First Amendment free speech
rights. In a landmark decision, the U.S.
Supreme Court said that the Internet
was a form of expression protected by
the First Amendment, just like books
or newspapers. This particular law violated the free speech rights of adult
Internet users. In the process of protecting children from the Internet, the
law suppressed speech that adults had
a constitutional right to receive and to
use with one another. So the Court
struck down the law.
WHAT THE
ACLU THINKS:
The ACLU argues that schools shouldn’t
restrict or punish any non-threatening
expression on the Internet which does
not use facilities owned by the public
schools, and which the student doesn’t
physically bring onto school grounds.
strate, what you can and can’t be punished for saying
on a personal website remains unclear. If you think your
rights may have been violated, give the ACLU a call.
WHAT
IF I CREATE MY HOMEPAGE AS A
PROJECT IN MY COMPUTER CLASS AT
SCHOOL, OR IF I JUST USE A SCHOOL
COMPUTER TO CREATE A HOMEPAGE OF
MY OWN?
Your school has much more control over what you
say on your homepage if you create it as part of a
school-sponsored activity or use a school computer to
create it. Many school districts in Pennsylvania have
adopted computer use policies for students who use the
school computer systems. Check with your school for
the policies that affect you. As with just talking or wearing a T-shirt, if you’re doing it in school, teachers have
a lot more authority to restrict what you say or post on
the Internet. That changes significantly when you are
12
Freedom of Expression
out the message and bring it to school. If someone else
prints out the message and brings it to school, and the
message contains material that violates school rules
(like no profanity or blatant sexual speech), whoever
brought it to school can be punished. Since Suzanne
wasn’t the one who brought the e-mail into school, she
shouldn’t be the one who gets in trouble.
WHAT THE
ACLU THINKS:
The ACLU argues that schools shouldn’t
restrict or punish any non-threatening
expression on the Internet which does
not use facilities owned by the public
schools, and which the student doesn’t
physically bring onto school grounds.
MY
SCHOOL LIBRARY WANTS TO PUT
FILTERING SOFTWARE ON ITS COMPUTERS BECAUSE THEY SAY THEY WANT TO
PROTECT STUDENTS FROM “INAPPROPRIATE” SITES ON THE INTERNET. I’M WORRIED THAT IT’S GOING TO BLOCK OUT
ALL KINDS OF STUFF THAT TEENAGERS
CAN’T FIND OUT ABOUT ANY OTHER WAY.
MY FRIENDS AND I MIGHT HAVE QUESTIONS ABOUT SEX, BEING GAY OR OTHER
STUFF THAT’S TOO HARD OR EMBARRASSING TO GET INFORMATION ABOUT.
HOW DO WE STOP THEM FROM BLOCKING
THIS INFORMATION?
doing things from your home.
LAST WEEK, MY FRIEND SUZANNE SENT
AN E-MAIL FROM HOME TO ANOTHER STUDENT AT OUR SCHOOL. IT INCLUDED A
“TOP 10 LIST” SHE WROTE THAT MADE
FUN OF OUR ASSISTANT PRINCIPAL. THAT
STUDENT GOT INTO A FIGHT WITH
SUZANNE AND SHOWED THE E-MAIL TO
SCHOOL OFFICIALS. THEY READ IT AND
CAME DOWN ON SUZANNE. SHE GOT SUSPENDED FOR SOMETHING SHE SAID IN PRIVATE AND THAT DOESN’T SEEM FAIR.
Schools often block Internet content on school computers, but it’s not clear that they are allowed to do so.
A big problem is that they block sites based on content
that schools or other authorities dislike, such as sites
on AIDS or other health- and sex-related information.
The ACLU believes that blocking sites based on content
violates your First Amendment rights. It may also prevent you from having access to useful resources and
information. If your school is blocking information that
As with websites, students have more constitutional protection with e-mail if their activities are done
entirely from home. If you send an e-mail from your
home computer to a friend’s computer, even if it says
nasty things about another student or teacher, the
school should not be able to punish you unless you print
13
I fought the law...
Freedom of Expression
P E N N S Y L V A N I A
I fought the law...
CODE
CIRCLE SCHOOL V. PAPPERT (2004)
“It is the responsibility of every citizen to show proper respect for his
country and its flag. Students may
decline to recite the Pledge of
Allegiance and may refrain from
saluting the Flag on the basis of
personal belief or religious convictions.” (PA Code Section 12.10)
I fought the law...
The ACLU, private schools and public
and private school students challenged
a Pennsylvania law that required all
public and private schools to lead students in the Pledge of Allegiance or
the national anthem at the beginning
of each school day. A student could
choose not to participate for religious
or personal grounds, but the school
then had to notify the student’s parents in writing. The U.S. Court of
Appeals for the Third Circuit held that
the statute was unconstitutional for
two reasons. First, the court held that
sending notice only to parents of students who did not participate violates
the First Amendment because it “discriminates among students based on
the viewpoints they express”. Second,
the court found that the law violated
the schools’ right to freedom of association because it "”require[d] them to
affirm and have their students affirm
the Commonwealth's view on patriotism” and limited the schools’ ability to
express the values and philosophies
that they wished to express.
you think would be useful to teens, speak up. Try to
gather as much support for your position as possible,
and then let the school officials know what you think.
Tell officials that you want the responsibility to monitor
your own use, and if you abuse the trust, then the
school can curtail your use privileges.
Protests and
Demonstrations
OUR
SOPHOMORE CLASS WANTED TO
PROTEST THE BAD CONDITIONS OF THE
PUBLIC SCHOOLS IN OUR CITY. WE
ASKED THE PRINCIPAL IF WE COULD
PICKET ON THE STEPS IN FRONT OF THE
SCHOOL. HE SAID NO BECAUSE THAT
WOULD BLOCK THE ENTRANCE TO THE
BUILDING. CAN HE DO THAT?
Yes, he can, if your protest really would block an
entrance to the school building.
BUT
WHAT IF WE PICKETED SOMEWHERE
THAT DIDN’T BLOCK THE ENTRANCE AND
IF WE ONLY PROTESTED BEFORE AND
AFTER CLASSES? SHOULDN’T WE BE
ALLOWED TO DO THAT?
Pledge of Allegiance
MY TEACHER WANTS EVERYONE IN MY
CLASS TO SAY THE PLEDGE OF
ALLEGIANCE. I AM ANGRY ABOUT THE WAR
AND DON’T WANT TO SAY THE PLEDGE, BUT
MY TEACHER SAYS THAT I HAVE TO, AT
LEAST, STAND UP WITH EVERYONE. DO I
REALLY HAVE TO DO THAT?
You do have the right to hold protests and demonstrations. But, the school can restrict where you protest on
school property and can stop you from demonstrating if
it interferes with school activities. If you miss classes for
a protest, the school can discipline you for cutting class.
Remember: A demonstration outside the school building has a better chance of being found legal than one
inside the building. Sidewalks around the school are areas
where protests usually must be allowed. If it’s a protest
about something important, expecially related to school
operations, then it’s more likely to be constitutionally protected speech.
No, you don’t. Part of your First Amendment right
to free speech is the right NOT to speak! So schools
can’t make you say the Pledge of Allegiance, salute the
flag, or sing the national anthem, whatever your reasons. They also can’t force you to stand or leave the
room while others recite the Pledge. But they can discipline you if you are disruptive while other students
are saying the Pledge.
14
Freedom of Expression
Dress Codes and School
Uniforms
health or safety while you’re in class or doing extracurricular activities.
I GOT IN TROUBLE BECAUSE I CAME TO
SCHOOL IN JEANS THAT WERE TORN
ABOVE THE KNEE! THE VICE PRINCIPAL
MADE ME WAIT IN HER OFFICE UNTIL MY
MOM BROUGHT ME ANOTHER PAIR OF
JEANS FROM HOME. I MISSED MY BIOLOGY CLASS AND MY MOM MISSED HER
LUNCH HOUR AT WORK. ARE THEY
ALLOWED TO DO THAT?
WHAT THE
ACLU THINKS:
The ACLU argues that piercings and
“funky hair” convey a message and
should fall under the category of free
speech and, responsibly worn, should be
allowed in school.
It depends on what school you go to. The
Pennsylvania Code says that schools can only stop you
from wearing clothes to school that would disrupt the
education process or cause a health or safety risk. But
another law passed in 1998 lets your school board set
stricter dress codes or even require school uniforms if
it wants to. That means you need to find out the specific rules that apply to your school or school district.
However, you should keep in mind that the courts in
Pennsylvania have not been willing to get involved in
disputes over dress.
MY
SCHOOL JUST MADE A RULE
AGAINST BODY PIERCINGS. GIRLS ARE
ALLOWED TO HAVE ONE PIERCING IN
EACH EAR, BUT BOYS CAN’T HAVE ANY
PIERCINGS. AND, NO ONE IS ALLOWED
TO HAVE ANY VISIBLE FACIAL PIERCINGS. I DON’T WANT TO TAKE OUT MY
TONGUE RING! HELP!
You’re a bit out of luck on this one. Piercings have
not been considered by the courts to be protected by
the first amendment (which protects free speech). Like
a political T-shirt, piercings are non-verbal communication, but, unlike words on a shirt, they don’t convey
a specific message and are, therefore, not seen as
protected speech. They are also seen as a possible
CAN THE SCHOOL FORCE YOU TO WEAR
UNIFORMS FOR GYM OR SAFETY GOGGLES IN
CHEMISTRY LAB?
Yes. Schools can make you wear special stuff like the
gym uniforms or goggles if they are needed to protect your
WHAT THE
ACLU THINKS:
The ACLU agrees with you that dress
codes and uniform policies often deny
students their freedom of expression—because you may express yourself in what you wear, as well as in
what you say or write. If you think
your dress code is unfair, you can
challenge the policy.
15
Freedom of Expression
disruption or health risk. You can state your case
about keeping your tongue ring to your principal, but
the courts aren’t necessarily on your side.
Some people have argued that applying different
rules to girls and boys – like allowing girls to wear
earrings but not boys – is gender discrimination.
Courts in other states have rejected that argument
when it comes to earrings or dress codes, but the
issue has not been decided in Pennsylvania, where
there are especially strong rules against gender discrimination.
WEAR. NOW WE CAN’T WEAR BLACK
TRENCH COATS, BAGGY PANTS, ANY KIND
OF HEAD GEAR, OR HAVE BODY PIERCINGS
OR TATTOOS. THE SCHOOL SAYS IT’S TO
PROTECT OUR SAFETY, BUT I DON’T
BELIEVE THEM. WHATEVER HAPPENED TO
MY RIGHT TO EXPRESS MYSELF?
You DO have a right to express yourself in your dress.
But you should know that courts balance that right
against the need for safety and discipline in the schools.
They are often sympathetic to school safety concerns,
and may not overturn a dress code unless it discriminates on the basis of religious or political views.
WHAT IF I WANT TO DYE MY HAIR BLUE OR
HAVE DREADLOCKS? CAN THE SCHOOL
STOP ME?
WHAT THE
ACLU THINKS:
The Code says it’s up to you to decide the length or
style of your hair, including facial hair. If your school
wants to stop you from dyeing your hair blue or wearing dreds, then it has to prove that those styles will disrupt your school or cause a health or safety problem.
Again, you need to check with your school’s policy.
The ACLU argues that school uniform policies do violate your First Amendment
rights. School uniform policies tell you
what you must wear to school—and so they
go way beyond just having a reasonable
dress code that promotes safety and decorum in schools.
FOR MY 17TH BIRTHDAY, MY OLDER
BROTHER GAVE ME A MARILYN MANSON
TOUR T-SHIRT. WE’RE ALLOWED TO WEAR
T-SHIRTS AT MY SCHOOL, SO I WORE IT
TO SCHOOL THE NEXT DAY. AS SOON AS
MY HOMEROOM TEACHER SAW MY TSHIRT, HE SAID IT WAS “INDECENT” AND
SENT ME TO THE VICE PRINCIPAL’S
OFFICE. I TOLD THE VICE PRINCIPAL THAT
MY RIGHT TO FREE SPEECH MEANT I
COULD WEAR MY NEW SHIRT. SHE DIDN’T
BUY MY ARGUMENT, AND I WAS SUSPENDED FOR THREE DAYS. CAN MY
THE PHILADELPHIA SCHOOL DISTRICT
REQUIRES SCHOOL UNIFORMS. WHAT’S
UP WITH THAT?
In May 2000, the Philadelphia School Board
approved a mandatory school uniform policy for all
students. Each school in the district will decide individually on the dress policy for their school. If you are a
Philadelphia public school student, you need to check
with your school about the uniform policy.
SCHOOL SUSPEND ME FOR A PICTURE ON
MY SHIRT?
CAN THE SCHOOL BOARD DO THAT? ARE
SCHOOL UNIFORMS EVEN CONSTITUTIONAL?
It depends. If the message on your t-shirt is political, then school officials can’t stop you or punish you
for wearing it to school, unless it is too disruptive. If
the message is something that might be considered
“indecent”—like your Marilyn Manson shirt—then the
officials likely can stop you from wearing it to school.
Remember, schools can control student speech that is
“indecent” or “offensive” on the school grounds.
The Moral of the Story? School rules aren’t set in
stone. If you think your rights are being denied by
school officials, challenge them on it, but always be
respectful in doing so.
There isn’t a clear answer to that. School uniforms
are popping up all over the country. Some students and
parents are challenging them—fighting for their right to
make their own, private decisions about what to wear to
school, without the school board’s interference.
AFTER SOME SCHOOL SHOOTINGS IN
COLORADO, MY SCHOOL MADE RULES
ABOUT WHAT STUDENTS CAN AND CAN’T
16
Freedom of Religion
Freedom of
Religion
WHAT
IS FREEDOM OF
Apply the Lemon test! The U.S. Supreme Court created a three-part test to decide if the government is
acting in a way that promotes or “establishes” religion.
A government act or policy that passes the Lemon test
is constitutional.
To pass the Lemon test, a government act or policy must:
• Not have a religious purpose;
RELIGION?
T
he First Amendment says that
everyone in the United States has
the right to practice his or her own
religion, or no religion at all, without the
interference of the government. Our country’s founders knew that people have
started wars over religion for thousands
of years. That’s why they said “Let’s have
a country where you can follow your religion, and I can follow mine—or none at all!
And we won’t let the government get
involved.” So they created the First
Amendment, which put up a wall between
church and state.
• Not promote or favor any set of
religious beliefs or religion generally; and
• Not get the government too closely
“entangled” with religion.
Prayer in School
WHEN I
STARTED AT MY NEW SCHOOL
THIS YEAR, I WAS SURPRISED THAT MY
HOME ROOM TEACHER BEGAN EVERY DAY
BY HAVING OUR CLASS SAY THE LORD’S
HOW
DO YOU KNOW WHETHER A GOVERNMENT IS “ESTABLISHING” RELIGION?
17
Freedom of Religion
Constitution
IN THE
I fought the law...
LEMON V. KURTZMAN (1971)
The First Amendment Establishment
Clause says that the government
can’t encourage or promote (“establish”) religion in any way. Since public schools are run by the government, that means public schools
can’t encourage or promote religion.
The Free Exercise Clause of the
First Amendment gives you the
right to practice your religion—or to
be non-religious—as you choose
(“the free exercise” of religion). The
government can’t penalize you for
your religious beliefs. This means
that public schools can’t discriminate against students because of
their religion, or desire not to practice a religion.
I fought the law...
Pennsylvania and Rhode Island
passed laws that gave state money
to parochial elementary and secondary schools to help pay teachers’
I fought
salaries and
buy otherthe
stuff.law...
To see
if these laws were constitutional, the
U.S. Supreme Court came up with a
test, now called the “Lemon test”.
The Court applied the test to these
laws and they failed it. Giving money
to parochial schools 1) had a religious purpose; 2) promoted religion;
and 3) closely involved the government with religion. Therefore, the
laws were unconstitutional.
moment of silence for voluntary prayer. If the real reason for your teacher’s moment of silence is to encourage your class to pray, it’s not okay. But, a moment of
silence might be okay, if a teacher can show a non-religious reason for it—like giving students a moment to
think about the upcoming school day.
PRAYER. I DIDN’T WANT TO SAY IT
BECAUSE I’M NOT A PRACTICING
CHRISTIAN, AND I TOLD HER SO. SHE
SAID IT WAS OKAY AND I COULD JUST
GO
STAND IN THE HALL WHILE THE REST OF
THE CLASS WAS PRAYING. SHE WAS NICE
ABOUT IT, BUT I HATE THE IDEA OF HAVING TO GET UP AND LEAVE THE CLASS
WITH EVERYBODY STARING AT ME.
SHOULD I EVEN HAVE TO DO THAT?
OUR HIGH SCHOOL IS PLANNING TO
HAVE A RABBI OR PRIEST SAY A PRAYER
AT THE GRADUATION CEREMONY. IS
THAT ALLOWED?
No. Prayers by clergy or anyone else at public school
graduations are unconstitutional. Graduations are
school-sponsored events and schools can’t prayers on
their program.
No, you shouldn’t. Public school teachers can’t lead
classes in prayer or Bible readings. Even non-denominational (not from any particular religion) prayer is
unconstitutional because teachers can’t promote any
kind of prayer in public school.
It doesn’t make it okay just because she says you
don’t have to participate. Officially organized prayer at
school is coercive, even if it’s called “voluntary.” Like
your case: you’re forced to either pray or to protest in
front of your classmates, which might be embarrassing or get you harassed.
MY
SCHOOL SAID THAT IT WOULD LET
THE STUDENTS VOTE ON WHETHER TO
HAVE A STUDENT-LED PRAYER AT OUR
GRADUATION. THAT WAY, STUDENTS
WOULD HAVE A CHOICE AND THE SCHOOL
WOULDN’T BE FORCING RELIGION ON
ANYONE. IS THAT ALLOWED?
No. Student-led prayers aren’t allowed at graduation, even if students vote for them.
Think about it: If you vote on whether to have a
graduation prayer, students whose religious beliefs are
in the minority will lose out. They might feel excluded
from their own graduation. Or they might feel pressured to participate in the prayer. In the words of the
OUR
TEACHER LIKES TO START THE
CLASS WITH A MOMENT OF SILENCE SO
THAT WE CAN PRAY IF WE WANT TO. IS
THAT OKAY, SINCE SHE’S NOT REALLY
FORCING US TO PRAY?
Maybe. It’s unconstitutional for schools to require a
18
Freedom of Religion
U.S. Supreme Court, by allowing the prayer, regardless
who recites it, the students and attendees who subscribe to that religion will feel like they belong to the
preferred faith, while followers of other religions or no
religion will be made to feel like outsiders. The school
cannot be allowed to choose which faith is best.
they don’t disrupt school activities or try to force other
students to pray with them. For example, students may
say private grace over their food or any other prayers
required by their religion, so long as they aren’t disruptive. As has been said many times, as long as
there are math tests there will be prayer in schools.
What’s not allowed is group prayer that the school
sponsors, facilitates or participates in.
MY SCHOOL HAS STUDENT-LED PRAYERS
AT THE BEGINNING OF EVERY ONE OF
OUR HOME FOOTBALL GAMES. SOME OF
THE KIDS AND THEIR PARENTS DON’T
LIKE IT AND SAY IT’S UNCONSTITUTIONAL. ARE THEY RIGHT?
SOME
STUDENTS AT MY SCHOOL DECIDED
ON THEIR OWN TO MEET EVERY MORNING
AT THE FLAGPOLE IN OUR SCHOOLYARD
AND PRAY. CAN THEY DO THAT?
Yes. School-sponsored prayer doesn’t belong in public
schools, even when it is led by students themselves. So student-led prayer at school football games, sports-team
banquets and other school-sponsored extracurricular
activities is unconstitutional.
It’s probably okay—if the meetings aren’t sponsored, organized, participated in or approved by school
officials. Of course, if your school allows student prayer
groups to gather on school grounds, then it also has to
allow other student groups to gather.
Accommodating
Religious Students
WE
SOMETIMES HAVE A QUIET READING
TIME DURING HOMEROOM PERIOD. ONE
OF MY FRIENDS TOLD ME THAT I
COULDN’T READ MY COPY OF THE
QUR’AN, BECAUSE PRAYER IN SCHOOLS
ISN’T ALLOWED. IS THAT TRUE?
I
LIKE TO SIT BY MYSELF DURING LUNCH
AND PRAY OR READ THE BIBLE. YOU
KEEP TALKING ABOUT HOW PUBLIC
SCHOOLS AND RELIGION HAVE TO STAY
SEPARATE. DOES THAT MEAN I CAN’T
READ THE BIBLE TO MYSELF AT LUNCH?
No, that’s not true. You can bring in a religious book
to read or even for show and tell. Religious books or
objects are allowed in school, as long as it doesn’t feel
like the school or a teacher is endorsing one religion,
which can make other students feel excluded.
No. When we talk about the “separation of church
and state” in public schools, we mean that schools
can’t officially promote religion. But, the First
Amendment protects your right—as an individual—to
worship or not, as you choose. That means that during free time at school you can pray privately, read the
Bible or other holy book, wear clothing that expresses
your religious beliefs or talk about religion with your
friends. Keep in mind that you can’t disrupt school
activities or invade other student’s rights.
Also, religious students can be excused from classes for part of the day to take a religious class offcampus or from school for religious holidays. Your
parents have to send in a written request to the school
district so that you can be excused.
I AM JEWISH AND NEED TO TAKE SOME
SCHOOL DAYS OFF FOR RELIGIOUS HOLIDAYS. IN THE PAST I HAVE JUST CALLED
OUT SICK, BUT THIS YEAR MY SCHOOL IS
OFFERING A PERFECT ATTENDANCE AWARD
AND I DON’T WANT MY RELIGIOUS
ABSENCES TO COUNT AGAINST THAT. DO I
HAVE TO CALL OUT SICK FOR RELIGIOUS
HOLIDAYS?
You do not have to call out sick or offer any other
excuse for taking occasional religious holidays. The
School Code requires schools to excuse students for
religious holidays when requested by a parent and prohibits the school from penalizing students for those
absences. So they shouldn’t count against your perfect
attendance record. The only exception to this rule is
that the holidays cannot be so frequent that they mean
you aren’t attending full time. So, for instance, Muslim
students cannot take off every Friday, even though that
is their holy day.
I’M MUSLIM AND I NEED TO PRAY DURING
THE SCHOOL DAY. ARE STUDENTS
ALLOWED TO PRAY ON THEIR OWN IN PUBLIC SCHOOLS?
Sure they can. The First Amendment protects your
right to worship or not, as you choose. So individual
students have the right to pray at school, as long as
19
Freedom of Religion
Teaching Religion in
School
No, she’s not right. The Ten Commandments can’t be
posted in public schools. Again, schools can’t be in the
business of teaching religion. That’s true whether they
teach you directly or indirectly by hanging a religious
object like the Ten Commandments or a picture of Jesus
on the wall.
A GROUP OF PARENTS AT MY SCHOOL
WANT THE SCHOOL DISTRICT TO MAKE ALL
STUDENTS TAKE A CLASS ON THE BIBLE.
THEY THINK THAT A LOT OF PROBLEMS IN
PUBLIC SCHOOLS WOULD BE SOLVED IF
STUDENTS WERE TAUGHT TRADITIONAL
CHRISTIAN VALUES. MY PARENTS ARE
FUNDAMENTALIST CHRISTIANS AND THEY
THINK THAT TEACHING ME ABOUT RELIGION
IS UP TO THEM AND OUR CHURCH, NOT THE
SCHOOL. MY BEST FRIEND IS JEWISH AND
HER PARENTS DON’T WANT HER TO BE
FORCED TO LEARN A DIFFERENT RELIGION
AT SCHOOL. CAN THE SCHOOL DISTRICT
MAKE US TAKE A BIBLE CLASS?
MY BIOLOGY TEACHER WAS GOING TO
TEACH EVOLUTION THIS YEAR, BUT SOME
PARENTS WHO BELIEVE IN CREATIONISM
COMPLAINED THAT EVOLUTION CONTRADICTS THE BIBLE. THE PRINCIPAL TOLD
HER TO TAKE IT OFF THE LESSON PLAN,
BUT SHE DOESN’T WANT TO. CAN THE
SCHOOL FORCE HER NOT TO TEACH EVOLUTION?
No. Schools can’t write lesson plans to further one
set of religious views over others. If the school forced
your teacher not to teach evolution because it goes
against the Bible’s story of creation, it would be favoring one religious belief—creationism—over others. It’s
also unconstitutional to require that creationism be
taught in science class along with evolution.
No, it can’t. Public schools can’t encourage or
promote any religious beliefs as part of the curriculum. Obviously, a Bible class created to teach students
Christian values would be promoting a government
version of Christianity in a school attended by students who have many different Christian and nonChristian perspectives.
CAN MY SCIENCE TEACHER DISCUSS
“INTELLIGENT DESIGN” AS AN ALTERNATIVE TO EVOLUTION? SHE CLAIMS
OUR
SOCIAL STUDIES CLASS IS LEARNING ABOUT RELIGIONS FROM AROUND
THE WORLD. SOME OF OUR CLASS READINGS ARE FROM THE TORAH, THE
QUR’AN AND THE NEW TESTAMENT, BUT
IT’S NOT REALLY LIKE CHURCH. WE’RE
JUST STUDYING DIFFERENT RELIGIONS. IS THAT OKAY?
THAT SHE SIMPLY WANTS TO EXPOSE
STUDENTS TO AN ALTERNATIVE TO EVOLUTION.
No. In 2005, a judge ruled in Kitzmiller v. Dover
Yes, you can study about religion at
school—for example, about its influence on
history, literature and culture. But your
readings and class time can’t be used to
teach that one religion is better than another one or to insult any religion.
OUR SCHOOL DISTRICT HAS
DECIDED TO HANG A COPY OF
THE TEN COMMANDMENTS IN
EVERY CLASSROOM IN THE DISTRICT. MY TEACHER SAYS THEY
CAN DO THAT BECAUSE THIS
DOESN’T INVOLVE TEACHING US
RELIGION. THE TEN
COMMANDMENTS WOULD JUST BE
THERE ON THE WALL IF THE STUDENTS WANT TO READ THEM ON
THEIR OWN. IS SHE RIGHT?
20
Freedom of Religion
I fought the law...
I fought the law...
EDWARDS V. AGUILLARD (1987)
SANTA FE INDEPENDENT SCHOOL
the law...
DISTRICT VI. Dfought
OE (2000)
I fought the law...
Louisiana passed a law saying that if
evolution is taught in public schools,
then “creation science”—the biblical
story of creation—also had to be
I fought the law...
taught. A group of Louisiana parents,
teachers, and religious leaders challenged the constitutionality of the law.
The U.S. Supreme Court ruled that the
law was unconstitutional. The law promoted a religious belief about the creation of the world, and therefore didn’t have a secular purpose. It violated
the Establishment Clause of the First
Amendment.
A school district policy required high
school students to vote whether to
have student-led prayer at football
I fought the law...
games and, if they voted to have
prayer, to elect student representatives to lead that prayer. The U.S.
Supreme Court rejected the district’s
argument that the prayer was private
student speech and struck down the
policy because the district's participation in the election had the effect of
endorsing the views expressed by the
speaker, and because the use of an
election to choose the prayer leader
meant that the majority religious view
would win out. The Court held that
school sponsorship of a religious message tells students and others who are
not religious, or at least not members
of the majority religion, "that they are
outsiders, not full members of the
political community,” and tells members of the majority religion “they are
insiders, favored members of the political community."
KITZMILLER V. DOVER AREA SCHOOL
DISTRICT (2005)
In 2005, the ACLU of Pennsylvania
sued the Dover Area School District
(York County) alleging that a statement telling biology students that
intelligent design (ID) was an alternative to evolution promoted a particular
religious view and thereby violated the
First Amendment’s Establishment
Clause. In what was the nation’s first
case challenging ID, the judge agreed
with the ACLU that ID was not science
because it didn’t meet the rules of science, such as testability and natural
causation, and that indeed it was a
form of creationism, which is a particular religious belief. Public schools
cannot advance ID as science, but they
might be able to discuss it in a comparative religion or philosophy class.
part of the history of the anti-evolution movement
from the Scopes monkey trial to the present.
WHAT ABOUT THIS? OUR SCHOOL SECRETARY HELPED US START A GOSPEL
CHOIR AT OUR HIGH SCHOOL. WE SING
AT A LOT OF SCHOOLS AND CHURCHES.
BUT THEN WE GOT IN TROUBLE WITH
THE PRINCIPAL. HE SAID THAT IF WE
WANTED TO KEEP MEETING AT THE
SCHOOL, THE SECRETARY COULDN’T
HELP US. HE ALSO SAID TO CHANGE THE
NAME, SO IT DOESN’T MENTION THE
SCHOOL’S NAME. CAN HE DO THAT?
Area School District, an ACLU of Pennsylvania case,
that intelligent design is a type of creationism and,
therefore, cannot be taught in science class. It is not
a “scientific” theory, but a religious one. A comparative
religions class could discuss intelligent design as one of
many different approaches to the origin of life. A social
studies class could also talk about intellignet design as
Yes, probably. Religious student groups that
meet on school grounds after hours have to be student-led and can’t have school staff involved. If you
sing only religious songs and pray as part of your
21
Freedom of Religion
activities, you are seen as a religious group and the
school secretary shouldn’t be involved. In addition,
you probably can’t be funded by the school or use its
name, because that makes it look like the school is
promoting religion. BUT, if your “gospel” choir really
sings mostly secular (non-religious) songs, then the
school can support the group and allow it to use the
school’s name – but you probably can’t call it a
“gospel” choir.
ABOUT IT AND THE SCHOOL IS TRYING
TO DECIDE WHAT TO DO. CAN THEY STOP
ALL OF US FROM READING Catcher in
the Rye IN SCHOOL JUST BECAUSE A
FEW PEOPLE HAVE A RELIGIOUS OBJECTION TO IT?
Probably not. While a student like Steve has the
right to have his religious beliefs accommodated, that
doesn’t mean he has the right to change the school’s
curriculum for all the other students. If your school
gives in to the demands of a religious group, it runs
the risk of favoring religion over non-religion, or
favoring one particular religious view.
THE PRINCIPAL ALSO SAID THAT SINCE
WE REPRESENTED THE SCHOOL, WE
COULDN’T KEEP SINGING ONLY RELIGIOUS SONGS AT OUR CONCERTS.
WHAT’S THE PROBLEM WITH THAT?
Religious Clothing and
Accessories
The problem is that it makes it look like the school,
through your choir, is promoting religion. As you know,
that’s unconstitutional. BUT, if your choir sings some
religious songs as part of a secular (non-religious)
music program that would probably be okay.
MY
MATH TEACHER USED TO WEAR A
CRUCIFIX. WHEN WE ASKED HER WHY
SHE HASN’T BEEN WEARING IT LATELY,
SHE SAID THE SCHOOL ASKED HER NOT
TO. CAN THEY DO THAT?
MY
PARENTS WERE VERY UPSET THAT
OUR HEALTH CLASS IS LEARNING ABOUT
ABORTION BECAUSE THAT GOES AGAINST
OUR RELIGION. DO STUDENTS HAVE TO
TAKE CLASSES THAT CONFLICT WITH
THEIR RELIGION?
Yes. Pennsylvania law says that public school staff
can’t wear religious clothing or accessories while on
the job. That prevents a nun from wearing a habit, a
priest from wearing a Roman collar, a Muslim from
wearing a veil, and a Jew from wearing a yarmulke or
a visible talit katan (fringes) while teaching. This prevents a teacher from promoting a particular religion.
No. You can get out of specific parts of health or
science classes that conflict with your religious beliefs,
if your parents ask the school board in writing to let
you out.
WHAT ABOUT OUR TEACHERS WHO HAVE
TO KEEP THEIR HEADS COVERED
BECAUSE OF THEIR RELIGION? WHAT
CAN THEY WEAR?
WHAT THE
ACLU THINKS:
Teachers or staff can probably wear any head covering that doesn’t send a religious message to students.
For example, a Jewish teacher could wear a baseball
cap or other non-religious head covering, and a Muslim
teacher could wear a scarf. These are okay because
people wear baseball caps and scarves for many reasons. So a teacher isn’t identifying or promoting his or
her religion, just by wearing a baseball cap.
The ACLU argues that schools should also
honor written requests that come from
high school students themselves—or
other students who are mature enough—
and not just from their parents.
MY FRIEND STEVE AND HIS PARENTS
DIDN’T LIKE THE FACT THAT WE ARE
GOING TO READ Catcher and the Rye
FOR ENGLISH CLASS. THEY THINK THAT
THE BOOK IS BLASPHEMOUS. STEVE’S
PARENTS COULD’VE JUST ASKED THAT
STEVE NOT GO TO CLASS WHILE THE
REST OF US STUDIED THE BOOK. BUT
THEY DEMANDED THAT THE SCHOOL
STOP TEACHING IT, PERIOD. NOW PEOPLE ALL OVER TOWN ARE ARGUING
WHAT THE
ACLU THINKS:
The ACLU argues that every school uniform
policy must give parents and students a
choice to opt out if they want to, for religious or other reasons. You have a right to
a public school education, and it shouldn’t
hinge on whether you obey a uniform policy or not.
22
Freedom of Religion
OUR SCHOOL JUST ADOPTED A MANDATORY SCHOOL UNIFORM POLICY. MY PARENTS
CHRISTMAS
As we said in the Freedom of Expression section,
the law in this area isn’t clear. You have a constitutional right to practice your religion, which includes the
right to dress as required by your religion. School uniform policies should make allowances for that. Some
schools put an “opt out” provision in their uniform
policies in order to protect student’s right to religious
and personal expression.
CAN
WE SING CHRISTMAS CAROLS IN
CLASS OR AT A HOLIDAY CONCERT?
There isn’t a clear answer to your question.
Christmas carols can be religious (“Silent Night”) or
secular (“Frosty the Snowman”). Secular Christmas carols are more likely to be okay for you to sing. And if
you sing a few Christmas carols as part of a secular
holiday celebration, then it’s probably okay, too.
Holiday Celebrations
and Displays
SO,
WOULD IT BE OKAY IF OUR SCHOOL
HAD A PLAY IN DECEMBER SHOWING
HOW DIFFERENT STUDENTS AND TEACHERS CELEBRATE CHRISTMAS, RAMADAN
AND HANUKKAH?
ARE
PUBLIC SCHOOLS ALLOWED TO
HAVE HOLIDAY DISPLAYS ON SCHOOL
PROPERTY?
It really depends on the circumstances. The general
rules about a holiday display on school or other government property are these:
If it promotes religion, it’s probably not okay.
If it includes some religious stuff as part of a
mostly secular (non-religious) display, then it’s probably OK.
Look at a few examples:
O.K.
Nativity Scene
by itself
Nativity scene surrounded by
plastic reindeer and a Santa
Claus
A play that explores how various people celebrate
holidays might be okay. Schools are allowed to teach
about religious holidays, or to celebrate the secular
parts of the holidays. But they can’t observe holidays
as religious events. So, a school play that has a specific religious message—like one celebrating the birth
of Christ—would violate the constitution by promoting one religion.
SNOWFLAKES:
a safe way to decorate and
please almost everyone
when the holidays arrive.
Menorah next to a Christmas
Menorah by itself tree and a banner celebrating
“Liberty”
If the overall message of a display is religious, then
the display is unconstitutional. But if the overall message
is one of cultural diversity or a general celebration of the
winter holidays, then it’s probably constitutional.
SO,
DECEMBER?
It depends. It’s probably okay because the
Christmas tree is not a considered by the courts to be
a religious symbol—particularly if it’s included with
other secular symbols of the season. It’s a different
story, though, if the Christmas tree is decorated with
religious symbols. Then it takes on a religious meaning
that may not be okay at school.
OBJECT TO THE UNIFORMS FOR RELIGIOUS
REASONS AND DON’T WANT ME TO WEAR
ONE TO SCHOOL. CAN THE SCHOOL MAKE
ME WEAR A UNIFORM?
NOT O.K.
TREE IN
CAN MY SCHOOL PUT UP A
23
Equal Protection
Equal
Protection
T
“free and full” public education. They shouldn’t be discriminated against at school because of their race, sex,
religion, ethic background, citizenship status, sexual orientation, or disability.
he Fourteenth Amendment guarantees to each person—not limited to
American citizens—“the equal protection of the law.” It protects you from
being discriminated against because of
your race or gender, among other things.
In addition, other federal, state, and local
laws protect you from discrimination
based on:
• Race
• Sex & Gender
• Sexual orientation
• Color
• Disability
• Ethnicity
• Age
• Pregnancy
• National origin
Discrimination and
Harassment
I
BELIEVE MY TEACHER GIVES ME A
HARD TIME JUST BECAUSE I’M ARABAMERICAN. IS THERE ANYTHING I CAN
DO TO CHANGE THIS?
Yes. Teachers and administrators at your school
can’t discriminate against you because of your race,
the country you or your family came from, or the language you speak.
If you feel you are being discriminated against,
speak to a teacher, the principal, the school board,
a community organization or a lawyer.
WHAT DOES EQUAL PROTECTION MEAN
FOR STUDENTS?
All kids living in the United States have a right to a
24
Equal Protection
P E N N S Y L V A N I A
MY
PARENTS ARE CAMBODIAN AND
AREN’T FLUENT IN ENGLISH. MY
SCHOOL ONLY SENDS HOME INFORMA TION AND PERMISSION SLIPS IN
ENGLISH, BUT MY PARENTS CAN’T
UNDERSTAND THEM AND SO I CAN’T GO
ON FIELD TRIPS WITH MY CLASS. IS
THERE ANYTHING I CAN DO?
CODE
“Access to educational programs
shall be provided without discrimination on the basis of a student’s race,
sex, color, religion, disability, sexual
orientation or national origin.” (PA
Code Section 4.4)
Possibly. Have you asked the school to provide permission slips in a language your parents can read? If
the school refuses to do so, that policy may violate the
Equal Educational Opportunity Act, which requires states
to overcome language barriers that impede affect a student’s educational opportunities. If the school accommodates parents who speak only Spanish but does not
accommodate those who speak only Cambodian, that
could violate the Equal Protection Clause of the
Fourteenth Amendment and Title VI, but only if there is
reason to believe that the school is intentionally discriminating against you or your family because of your ethnicity or national origin. At a minimum, under the Family
Education Rights and Privacy Act, your school must provide your parents with an annual notice that effectively
communicates to them their rights as parents and your
rights as a student. The law does not specifically require
that the information be translated into your parents’ language of fluency, but the school must at least make an
effort to ensure that your parents can understand the
annual notice.
“It is the responsibility of every citizen to show proper respect for his
country and its flag. Students may
decline to recite the Pledge of
Allegiance and may refrain from
saluting the Flag on the basis of personal belief or religious convictions.”
(PA Code Section 12.10)
KEEP GETTING NEW UNIFORMS AND, WHEN
WE ASK FOR UNIFORMS, OUR COACH SAYS
THAT THERE’S NO MONEY. I DON’T THINK
THAT’S FAIR. ISN’T IT AGAINST THE LAW
TO DISCRIMINATE LIKE THIS?
Probably. The unequal treatment of girls’ and
boys’ sports may well violate the Pennsylvania Equal
Rights Amendment (ERA), which does not permit any
policy that disadvantages a person because of her sex.
The failure to treat the teams equally may also violate
Title IX – but only if the discrimination is “substantial”
and the athletic program as a whole does not show
equal disadvantages for boys in another sport or special advantages for girls. In other words, if the school
buys new uniforms for the girls’ basketball team more
often than it does for the boys, that may balance out
the opposite treatment of the soccer teams. Under
either law, a court will look at the athletic program as
a whole to determine whether there are substantial
disparities in how the girls are treated.
I
WANTED TO TRY OUT FOR THE FOOTBALL TEAM, BUT THE COACH SENT ME
HOME JUST BECAUSE I’M A GIRL. MY
DAD TAUGHT ME HOW TO PLAY WHEN I
WAS A KID, AND I’M REALLY GOOD AT IT.
SHOULDN’T I AT LEAST BE ALLOWED TO
TRY OUT?
Yes, you probably should. Public schools have to
give equal athletic opportunities to female and male
students. Separate teams for guys and girls are probably okay, as long as the school gives students of both
sexes the chance to participate in the particular sport.
If the school doesn’t do that, then a student may be
able to try out for the opposite-sex team—unless it’s
a contact sport. In Pennsylvania, at least some courts
have said it’s okay for girls to try out for all-male
teams even if it’s a contact sport. In your case, since
the school only supports a football team for guys, that
may mean that you can try out for the team.
I READ ABOUT
GPA AND ALL
A GIRL WITH A 3.8
KINDS OF ACADEMIC
AND COMMUNITY AWARDS WHOSE
SCHOOL KICKED HER OUT OF THE
N ATIONAL H ONOR S OCIETY (NHS)
WHEN THEY FOUND OUT SHE WAS
PREGNANT. I COULDN ’ T BELIEVE IT !
CAN THEY DO THAT ?
WE HAVE A GREAT GIRLS’ SOCCER TEAM
No. School’s can’t discriminate against students
because they are pregnant, married, or parents. They
can’t be excluded from attending classes, graduation,
AT MY SCHOOL AND OUR RECORD IS JUST
AS GOOD AS THE BOYS’ TEAM. THE BOYS
25
I fought the law...
I fought the law...
Equal Protection
I fought the law...
I fought the law...
PLYLER V. DOE (1982)
LAU V. NICHOLS (1974)
I fought the law...
Texas passed a law allowing school districts to deny a free public education to
children of undocumented immigrants
or “illegal aliens.” The U.S. Supreme
Court said the Texas law was unconstitutional. It violated the 14th
Amendment’s Equal Protection clause,
because it discriminated against these
children on the basis that they were
illegal aliens. The law “imposes a lifetime hardship” on a class of children
not responsible for their illegal status.
The San Francisco school system didn’t
provide English language instruction to
the non-English speaking Chinese students in its schools, or offer any other
ways for them to receive a good education. The U.S. Supreme Court said the
school system denied the Chinese students, unlike the English-speaking students, a meaningful way to participate
in public education. This discrimination
was unacceptable: “Simple justice
requires that public funds, to which all
taxpayers of all races contribute, not
be spent in any fashion which encourages…or results in racial discrimination.” The school must at least make
an effort to ensure that your parents
can understand the annual notice.
A KID IN MY CLASS WAS KICKED OUT
OF SCHOOL BECAUSE ONE OF HIS
TEACHERS FOUND OUT THAT HE IS HIV
POSITIVE. IS THAT ALLOWED?
Students who are HIV positive or who have AIDS
are entitled to an education like other students. They
are protected from discrimination at schools and
other public places under the Americans with
Disabilities Act. Schools may have some discretion,
however, in determining whether an HIV positive student is taught at school or home. They may decide on
a case-by-case basis whether the student reasonably
poses a possible health concern to himself or others
by being in class. Since HIV isn’t spread by casual contact, HIV positive students shouldn’t automatically be
seen as a threat to anyone else’s health.
or most other school activities. In a case like the one
you mention, a federal court said the girl had been
discriminated against because of her gender when she
was kicked out of NHS for being pregnant. The court
ordered her reinstated in the honor society.
I’M PREGNANT AND WANT TO RAISE MY
CHILD, BUT I’M WORRIED ABOUT HOW
I’M GOING TO CARE FOR HER. I DON’T
KNOW ANY OTHER STUDENTS WITH KIDS;
DOES MY SCHOOL HAVE TO PROVIDE
CHILD CARE?
A FRIEND OF MINE IS REALLY WORRIED
BECAUSE HER PARENTS ARE UNDOCUMENTED IMMIGRANTS. IF THE SCHOOL
EVER FINDS OUT, CAN THEY EXPEL HER?
There are no laws requiring a school to supply
child care for student parents. However, under the
Pennsylvania Code, subsidized child care is available,
but not guaranteed, if a student meets certain financial criteria and is enrolled full-time in school. In
addition, there are some high schools and middle
schools that have free child care facilities for student
use under one of two programs run by the state of
Pennsylvania:,—PPT (Pregnant and Parenting Teen)
and ELECT (Education Leading to Employment and
Career Training). To find more information about child
care, you can contact the ChildCare Information
Services (CCIS) agency, a service available throughout
Pennsylvania, at 1-877-4PA-KIDS or 1-877-472-5437.
No, they can’t. Your friend has a right to a free
public education. The Fourteenth Amendment gives
“equal protection of the law” to each person—not just
American citizens. That means that all kids should
have equal educational opportunity, no matter
whether they’re citizens or non-citizens. The officials
at your school cannot ask your friend if she’s a citizen or not, or make her show proof that she’s in the
country legally.
MY
FRIEND’S DAD IS ALWAYS COMPLAINING ABOUT THE NEW IMMIGRANTS
26
Equal Protection
• Provide an educational program that
allows the students to eventually transfer
into regular classes.
• Monitor the program’s effectiveness.
IN OUR TOWN WHOSE KIDS GO TO OUR
SCHOOL. HE SAYS THAT IF THE KIDS
CAN’T SPEAK ENGLISH, THEY SHOULDN’T BE GOING TO SCHOOL. THAT DOESN’T SEEM FAIR. DO THESE KIDS HAVE A
RIGHT TO GO TO SCHOOL?
WHAT ABOUT BILINGUAL PROGRAMS?
I KEEP HEARING ARGUMENTS ABOUT
Yes. Public schools have to provide instruction for
non-English speaking students. It’s the job of the
schools to teach them English (and other subjects). A
student who doesn’t understand English can’t follow
what’s going on in class, so he or she is effectively
denied equal educational opportunity. That’s why public schools have been teaching English to generations
of new immigrants, probably including the parents or
grandparents of your friend’s dad!
School districts can, however, choose what kind of
program to have for teaching non-English speaking
students. The program must at a minimum:
• Identify the students who are not
fluent in English.
• Evaluate the students’ language
skills and academic achievement
in English and their native language.
WHETHER SCHOOLS SHOULD HAVE
THEM OR NOT.
A bilingual program teaches students English, and
at the same time, teaches them some other classes
in their native tongue. That way, students don’t fall
behind in math, science, or other important subjects
while they’re still learning English. Some states, like
California, have passed or are trying to pass laws
cutting back on bilingual education.
WHAT THE
ACLU THINKS:
The ACLU argues that it’s important to
keep strong bilingual programs for students. Without them, the language barriers these students face will limit their
equal participation in the classroom.
27
Equal Protection
P E N N S Y L V A N I A
I WANT TO LIVE WITH SOMEONE IN
ANOTHER SCHOOL DISTRICT AND ATTEND
SCHOOL THERE INSTEAD OF THE DISTRICT WHERE MY PARENTS LIVE. I
HEARD THAT I HAD TO BE AN “EMANCIPATED MINOR” IN ORDER TO DO THAT.
WHAT DOES THAT MEAN, AND HOW DO I
BECOME “EMANCIPATED”?
CODE
“A student may not be excluded
from the public schools nor from
extracurricular activities because
I fought
the law...
of being married
or pregnant.”
(PA Code Section 12.1)
An emancipated minor is someone under 21 who is
self-supporting and independent from his or her parents’ or guardian’s control. To be emancipated, you must
show that you are living independently of your parents
or guardian and financially supporting yourself. If you
are married, you are also considered emancipated for
these purposes. Emancipated students are residents of
the district where they live and can go to school there,
even if their parents live in a different district.
I fought the law...
DAVIS V. MONROE (1999)
I fought the law...
Fifth grader LaShonda Davis was sexually harassed for several months by a
male student. She claimed she became
so upset by the serious harassment
that her grades dropped and she
thought about suicide. LaShonda and
her parents complained repeatedly to
school officials about the harassment.
Other girls also complained that this
student sexually harassed them.
Nothing was done. Finally, LaShonda
filed suit against the school district for
its indifference to the “hostile environment” created by the male student’s
actions. The U.S. Supreme Court ruled
that the school district was liable for
damages under Title IX because it was
deliberately indifferent to known acts
of student-on-student sexual harassment. The school district was liable
because sexual harassment occurred
on school grounds, was known to
school officials, and was so serious and
pervasive that it in effect denied
LaShonda equal access to education.
WHAT
IF I’M NOT EMANCIPATED? I
WANT TO MOVE IN WITH MY GRANDMOTHER WHO LIVES IN A DIFFERENT
SCHOOL DISTRICT THAN MY PARENTS.
CAN I GO TO A SCHOOL IN HER DISTRICT
WHEN I MOVE IN WITH HER?
Possibly. If you live with an adult in a different
school district than your parents, you can go to school
where you live—if the adult you are living with is supporting you (or you receive public benefits like social
security) and is not being paid to do it. Before admitting you, the school district may ask your grandmother to sign a sworn statement saying that:
• She is not being paid to care for you.
• You are planning on staying indefinitely
(and not just for the school year or term).
• She will take responsibility for your schooling.
Sexual Harassment
Sexual Harassment is unwelcome verbal or physical acts or behavior of a sexual nature that include:
• Requests for sexual favors by teachers, coaches,
or other school officials in return for some
benefit, such as a good grade.
OUR
TEACHER NEVER ACTUALLY ASKS
FOR SEXUAL FAVORS, BUT HE’S ALWAYS
MAKING JOKES ABOUT SEX TO THE
GIRLS BEFORE AND AFTER CLASS. WHEN
WE COMPLAINED ABOUT IT, HE JUST
TOLD US WE HAVE NO SENSE OF HUMOR.
IS THAT SEXUAL HARASSMENT?
• Behavior that creates an intimidating, hostile,
or offensive school environment.
• Behavior that unreasonably interferes with the
student’s school performance.
Sexual harassment of students is against the law,
whether it’s teacher-on-student or student-on-student harassment.
Possibly. First of all, if he did ask for sexual favors from
a student in return for getting an “A” in his class, that is
28
Equal Protection
Sexual Harrassment
Complaint Procedure
PRINCIPAL A BUNCH OF TIMES. THEY
DIDN’T DO ANYTHING. I COULDN’T TAKE
IT—MY GRADES DROPPED AND I WITHDREW FROM A CLASS BECAUSE ONE OF
THE GUYS SAT NEXT TO ME AND WOULDN’T LET UP. ARE PUBLIC SCHOOL STUDENTS PROTECTED FROM SEXUAL
HARASSMENT BY OTHER STUDENTS?
Allentown School District: Make a
verbal complaint to your principal or
other school professional, or file a
written complaint in your school
office.
Yes. Public school officials can be legally responsible for student-on-student sexual harassment that
occurs at school when the officials have been:
Erie School District: Contact the
principal or assistant principal of
your school.
• Deliberately indifferent to the harassment;
• Clearly know about the harassment; and/or
Harrisburg School District: Contact
your principal or the Office of Equal
Opportunity (717-703-4006).
• The harassment is so pervasive that it deprives
the student being harassed of educational
opportunities at the school.
In your case, the school officials knew about the
harassment since you told them repeatedly; they did
nothing about it when reasonable steps could’ve been
taken (such as talking to the guys about it, moving
your seat in class, or transferring one of you to a different class); and it was so serious that it ended up
hurting your school performance. The school may be
liable for the sexual harassment you experienced.
Philadelphia School District: File an
informal or formal complaint with
your principal or cluster leader.
Pittsburgh School District: Contact
your principal, teacher, advisor, or the
Office of Equity and Compliance (412622-3775).
Scranton School District: Contact
your principal or guidance counselor.
WHAT
SHOULD I DO IF I HAVE A SEXUAL HARASSMENT COMPLAINT AGAINST
A SCHOOL OFFICIAL?
State College School District: File an
informal or formal complaint with the
principal or the harassment complaint officials at your school.
You might consider doing the following:
• Find out what your school’s sexual harassment
policy is. All schools must have a procedure for
students to report and resolve complaints of
sexual harassment.
• Follow your school’s complaint procedure.
clearly sexual harassment and against the law. But his continued unwelcome sexual jokes to the girls in class may be
creating a “hostile” classroom environment for female students, and seriously interfering with their ability to study
and do well at school. That may also be sexual harrassment. In general, for a school district to be held liable for
teacher-on-student sexual harassment, you have to show
that school officials who could’ve stopped the sexual
harassment actually knew about it and deliberately did
nothing about it. Therefore, it is important to inform
school officials of behavior that makes you uncomfortable and/or interferes with your schooling.
• Put your report in writing. Include all the details
of the incident such as who was involved, who
witnessed it (get their names and contact
information!), what happened, when it happened
and where it happened.
• Keep a copy of the report for yourself.
• File a complaint with the Pennsylvania Human
Relations Commission. Contact your local branch
by looking in the Government section (blue pages)
of your phone book.
• File a lawsuit in federal district court.
THERE
ARE TWO GUYS IN MY CLASS
WHO HAVE BEEN BOTHERING ME FOR
MONTHS. MY PARENTS COMPLAINED
ABOUT IT TO THE TEACHERS AND THE
• File a complaint with the Office of Civil Rights
in the U.S. Department of Education:
29
Equal Protection
Office of Civil Rights
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-1100
(800) 421-3481
www.ed.gov/ocr
THE PRINCIPAL DIDN’T
NOW WHAT DO I DO?
HELP ME AT ALL.
You can do the following:
• Contact the superintendent of the school district
or the school board and get help from them.
• Tell other groups—like LGBT support groups—
about the problem. That way you can focus
attention on the school’s failure to protect you,
and get some outside support.
Lesbian, Gay, Bisexual,
Transgender and
Questioning (LGBTQ)
Students
• Contact the ACLU and other civil rights
organizations for help.
I’VE HAD KIDS AT SCHOOL CALL ME
NAMES, LEAVE NASTY NOTES ON MY
LOCKER, AND THREATEN TO BEAT ME UP
JUST BECAUSE I’M GAY. WHAT ABOUT
HARASSMENT OF LESBIAN, GAY, BISEXUAL, TRANSGENDER OR QUESTIONING
STUDENTS AT SCHOOL?
MY FRIENDS AND I WANT TO START A
GAY/ STRAIGHT ALLIANCE CLUB AT OUR
SCHOOL TO MEET AFTER CLASSES IN
OUR SCHOOL BUILDING. WE’VE BEEN
TOLD THE SCHOOL REALLY FROWNS ON
GSA GROUPS. DO WE HAVE A RIGHT TO
MEET AT SCHOOL?
Public schools most likely have a constitutional obligation to treat abuse of LGBTQ students—and students who
are still questioning their sexual identity—as seriously as
any other abuse. As one federal court ruled, school officials violated a gay student’s right to equal protection when
they didn’t do anything about serious harassment he
received from other students because he was gay.
As an LGBTQ student, you are also protected from
harassment and discrimination at school by:
• Title IX in federal law: Anti-gay harassment
of a sexual nature is illegal.
• Pennsylvania Code: Section 4.4 of
the code says that discrimination because of sexual
orientation isn’t allowed in PA educational programs.
• School District Policies: Some
school districts, like Philadelphia and Pittsburgh, have
policies specifically outlawing discrimination based on
sexual orientation. The School District of Philadelphia
also has a policy to assure a “safe, equitable and positive school experience” for lesbian and gay students.
Check with your school district for its policies.
Yes. If your school allows other “non-curricular” student clubs—like chess clubs or community service
clubs—to meet at school after school hours, then it has
to let your club meet too. School officials can’t refuse to
let students meet at school just because they don’t like
what the students want to talk about or take action on.
I fought the law...
FRICKE V. LYNCH (1980)
I fought the law...
Aaron Fricke asked Paul Guilbert to go
to the senior prom with him. The principal at Aaron’s school wouldn’t let the
two of them go together. He was worfought
the
law...
ried other Istudents
might
be offended
or that it might get violent. Aaron
sued in the Rhode Island federal court
so that he could take Paul to the prom.
He felt that he had a right to attend
just like all the other students, and
that he would be making a statement
for equal rights and human rights. The
court held that the school violated
Aaron’s free speech and free association rights by denying him the opportunity to go to the prom with the date
of his choice. Aaron was able to go to
the prom with Paul.
WHAT SHOULD I DO IF I EXPERIENCE
ANTI-GAY ABUSE AT SCHOOL?
You should follow the same steps we listed in the
“Sexual Harassment” section. Report any abuse (from
name-calling to physical assault) to the school principal.
Don’t just tell a teacher or school counselor because it’s
the principal who is the legally liable school official.
You should also keep a list of all the anti-gay
incidents at your school. Record your school’s
response to them.
30
Equal Protection
WHAT IS TITLE IX?
WHAT THE
ACLU THINKS:
“Title IX” is the federal law that prohibits sex discrimination in educational
programs and activities that receive
money from the federal government.
Since public schools get money from
the federal government, they must
enforce Title IX—and protect students
from any harassment or discrimination
that is based on sex.
The ACLU argues that all students should
have the right to bring the date of their
choice to the prom.
MY
GIRLFRIEND AND I WANT TO GO
TO THE PROM TOGETHER, BUT THE
PROM COMMITTEE REFUSES TO SELL
US TICKETS BECAUSE WE ’ RE A SAMESEX COUPLE . W E DON ’ T CARE WHAT
OTHER STUDENTS THINK AND WE
WANT TO GO TO THE PROM LIKE
EVERY OTHER HIGH SCHOOL SENIOR. I
COMPLAINED TO THE PRINCIPAL
ABOUT IT, AND HE TOLD ME THAT
ONLY BOY- GIRL COUPLES ARE
ALLOWED AT THE PROM . CAN THE
SCHOOL DO THAT ?
the Fourteenth Amendment says you have a right to
equal treatment. That means whether you are lesbian, gay, bisexual, transgender or heterosexual, you
should have the same privileges as any other student. If other students can go to the prom with their
chosen dates, then so should you.
WHAT ABOUT RIGHTS FOR TRANSGENDER
STUDENTS? I’VE BEEN ATTENDING
SCHOOL AS A BOY MY WHOLE LIFE, BUT
INSIDE I HAVE ALWAYS FELT LIKE A GIRL.
MY PARENTS KNOW THIS AND SUPPORT
ME, BUT MY PRINCIPAL TRIES TO SEND
ME HOME IF I SHOW UP TO SCHOOL IN
GIRL’S CLOTHES.
Schools in some communities have tried to stop
gay and lesbian students from bringing their dates
to the prom. The law is not clear on whether schools
can do that. One federal court has said that a gay
couple can go to the prom together.
Remember: the First Amendment says that you
have a right to associate with whom you want. And
31
Equal Protection
just like they meet the needs of non-disabled students.
And, if possible, students with disabilities should go to
regular classes along with everyone else. So, the deaf student in your class has a right to be there—along with the
sign language interpreter to help him learn.
It is still unclear how the law protects your expression of gender identity (as opposed biological sex). At
least twelve municipalities in Pennsylvania have ordinances to protect against discrimination based on gender identity: Allentown, the city of Lancaster, Erie County,
Harrisburg, Lansdowne, New Hope, Philadelphia,
Pittsburgh, Scranton, Swarthmore and York. In those
places, your gender expression should be protected, but,
in towns without ordinances, that is less clear.
If your school has no official dress code, you
should be able to wear what you wish, if there is no
“substantial and material” disruption to your school’s
activities. If there is a dress code, you may still have
an argument that restricting your gender expression
is discrimination, under Title IX or Pennsylvania’s Equal
Rights Amendment, but there has yet to be a case like
this in the PA courts. If you have been diagnosed with
“gender identity disorder” by your doctor, you may be
protected under Pennsylvania’s definition of disability,
but federal law does not recognize gender identity disorder as a disability.
WHAT IF A STUDENT WITH DISABILITIES
WANTS TO PLAY SPORTS OR BE INVOLVED
IN SOME OTHER EXTRACURRICULAR
ACTIVITIES? CAN THE SCHOOL REFUSE TO
LET HIM OR HER DO IT?
It depends. Students with disabilities must be given
equal opportunity to be involved in extracurricular
activities, whenever possible. That means schools have
to make reasonable accommodations for these students. But, schools may deny participation to a disabled student, if there’s a serious risk of injury to the
student or other people, or they can point to other
non-discriminatory reasons for denying participation.
HOW DO I GO ABOUT GETTING SPECIAL
EDUCATION SERVICES AT
SCHOOL IF I NEED THEM?
WHAT IF I GO THROUGH THE COMPLETE
TRANSITION FROM MALE TO FEMALE?
SHOULDN’T MY GENDER IDENTITY BE
RESPECTED THEN?
If you or your parents think you need special education, this is how the process works:
• Your parents or guardian request an evaluation
from the school.
If you go through a process of transition and
change the gender designation on your birth certificate, your school should respect that choice, by
changing your documents accordingly and allowing
you to use gender appropriate facilities. But, since
Pennsylvania courts have not seen a case like this, the
law is still unclear. Again, you are more protected in
places that prohibit gender identity discrimination.
• The school should evaluate you no more than
45 days later.
• If the school decides you need special education,
they should design a special program and
• Place you in the appropriate program
CAN I
Students with
Disabilities and
Students needing
Special Education
GET HELP WITH THIS?
You should contact the Education Law Center (215238-6970 in Philadelphia, 412-391-5225 in Pittsburgh)
to help you through the process. With their help or on
your own you need to request an evaluation.
• Your parents should ask the school to give you a
Multi-Disciplinary Evaluation (MDE). The MDE is a bunch
of free tests that the school gives you to see if you are
eligible for special education status.
• If you already receive special education services,
your parents can ask for a re-evaluation if they think
your program isn’t meeting your needs.
• Your parents’ request should be in writing and
sent to the school principal.
• Once the school evaluates you, it must write a
report that says if you are eligible for special educa-
THERE’S A NEW KID IN MY HISTORY CLASS
WHO’S DEAF. A SIGN LANGUAGE INTERPRETER COMES TO CLASS WITH HIM SO HE
CAN FOLLOW WHAT’S GOING ON. SOME OF
THE OTHER KIDS IN CLASS THINK HE
SHOULD BE IN A SEPARATE SPECIAL ED
CLASS. HE DOESN’T BOTHER ME, BUT WHY
ISN’T HE IN A SPECIAL ED CLASS?
Students with disabilities can go to either regular or
special ed classes. They have a right to a free and full
public education that is appropriate for them. That means
that schools have to meet the needs of disabled students,
32
Equal Protection
tion services. If you are eligible, the school and your
parents create a special education program for you
and tell you where you will be placed. If possible, you
should receive your special ed programs in the same
class and school you would normally attend.
The bottom line is: officials have a
responsibility to make their schools
safe for all students.
RIGHTS OF STUDENTS WITH DISABILITIES
WHAT
HAPPENS IF MY PARENTS DON’T
LIKE THE SPECIAL ED PROGRAM OR MY
PLACEMENT?
The rights of differently-abled students are protected under the
Americans with Disabilities Act of
1990 (ADA), the Individuals with
Disabilities Education Act (IDEA) and
Section 504 of the Rehabilitation
Act of 1973 (“Section 504”). The
ADA, a piece of civil rights legislation enacted by Congress, prohibits
discrimination on the basis of disability and ensures that schools are
accessible to all students. IDEA,
enacted in 1975 and revised in
2004, guides how states and school
districts provide special education
and related services to more than
six million eligible students with disabilities. Section 504 provides the
same rights to students as the ADA
and applies to any entity that
receives federal funds; therefore, all
public schools are covered.
If your parents think the proposed program and
placement are wrong for you, you are entitled to a
special education hearing. This can include an informal pre-hearing conference with school officials in
which you try to work things out, and/or a formal
hearing before an impartial hearing examiner.
AS
A SPECIAL ED STUDENT, DOES THE
SCHOOL HAVE TO GIVE ME TRANSPORTATION TO AND FROM SCHOOL?
Yes, if the group that creates your special ed program decides that you need it in order to attend school.
For more information about getting
special education services, go to
Chapters 14 and 342 of the
Pennsylvania Code (www.pacode.com).
33
+ School
Security
Student’s Privacy & School Security
Students’
Privacy
Rights
have probable cause, but only a reasonable suspicion
that the search will produce evidence of a crime or a
violation of school rules. (These rules do not apply in
private schools, which can make up their own rules
about searches.) Overall, students have fewer privacy rights in school than outside school. Courts balance your privacy rights against the school’s interest
in safety and student discipline. Today, the growing
concern about drugs and violence in schools often
trumps students’ privacy rights.
T
he Fourth Amendment protects us
from “unreasonable searches and
seizures” of our persons or property by the government. This gives us a
right of privacy against random searches
by police and other government officials.
DO
STUDENTS HAVE THE SAME GUARANTEE AGAINST “UNREASONABLE SEARCHES AND SEIZURES” AS OTHERS?
Not according to the state and federal courts. Both
the Fourth Amendment to the U.S. Constitution and the
Pennsylvania Constitution prohibit “unreasonable”
searches and seizures by government officials, but what
is “reasonable” depends on the circumstances.
Ordinarily, a search by police requires the advance written permission of a judge (called a “warrant”), and must
be based on probable cause. But school officials are not
police, and the courts have said that students in public
schools can be searched by school officials without a
judicial warrant and even if the school official does not
WHAT
IS
“PROBABLE
CAUSE?”
Probable cause for a search exists where the
known facts and circumstances would convince a
reasonably careful person that contraband or evidence of a crime will be found at the time and place
identified for a search.
WHAT IS A “REASONABLE SUSPICION?”
That depends on the situation. If a student has
been caught breaking a school rule or the law, a
34
I fought the law...
Student’s Privacy & School Security
P E N N S Y L V A N I A
I fought the law...
CODE
NEW JERSEY V. T.L.O. (1985)
“School authorities may search a student’s locker and seize any illegal
materials. Such materials may be used
as evidence against the student in disciplinary proceedings. Prior to a locker
search the students shall be notified
and given an opportunity to be present. However, where school authorities
have a reasonable suspicion that the
locker contains materials which pose a
threat to the health, welfare and safety of students in the school, student
lockers may be searched without prior
warning.” (PA Code Section 12.14)
I fought
the
law...
A high school
student was
found
smoking in a school bathroom, which
violated a school rule. The student
denied smoking and the vice principal
demanded to see her purse. The vice
principal found a pack of cigarettes
and some marijuana inside the student’s purse. The U.S. Supreme Court
said the teacher’s search of the purse
was allowed. While students have
some 4th Amendment protection
against unreasonable searches, it
must be balanced against the need of
school officials to keep order in school.
A search by school officials will be
legal if they show “reasonableness” in
the search. That means having a “reasonable suspicion” when they begin
the search, and conducting the search
in a reasonable way.
school official may have a reasonable suspicion that a
search of the student’s backpack or locker will produce
evidence related to the infraction. A tip from a reliable
source also may provide school officials with reasonable
suspicion. And if a school employee sees students
behaving in an unusual or suspicious manner, that may
provide reasonable suspicion for a search of that student’s backpack or locker.
COMMONWEALTH V. CASS (1998)
The Pennsylvania Supreme Court ruled
that a school-wide search of 2,000 student lockers by two police officers and
a trained drug dog was okay. The court
said that “although the students…do
possess a legitimate expectation of privacy in their assigned lockers, that privacy expectation is minimal.” School
officials kept a master key that let
them into any student locker, and they
told students that their lockers might
be searched. Also, the school district’s
decision to conduct a general search
was reasonable: the important school
interest in keeping drugs out of school
outweighed the slight intrusion into
students’ limited privacy rights to their
lockers.
I
SAW TWO MALE SECURITY AIDES
SEARCHING A FIFTH-GRADE GIRL FOR
DRUGS IN THE HALLWAY AT SCHOOL.
THEY WERE BEING REALLY ROUGH WITH
HER. SHE WASN’T TALKING OR TRYING
TO FIGHT BACK OR ANYTHING. I DIDN’T
THINK IT WAS FAIR.
School officials have to conduct searches in a “reasonable” way. That means they can’t be “excessively intrusive” or forceful in their searches, in light of your age,
sex, and what they’re looking for. A “seizure” of your
belongings also has to be “reasonable.” So, for example,
school officials can’t take away your stuff for longer than
needed to find out whether their suspicion was correct.
Locker, Backpack &
Body Searches
IS
THE SCHOOL ALLOWED TO SEARCH
OUR LOCKERS?
present. This also applies to your desk, because lockers and desks are school property. But that doesn’t
mean they can search inside any of your belongings
that they find inside your locker or desk, like a closed
purse or backpack. To search a closed personal con-
Yes. Even without reasonable suspicion, school
authorities can search students’ lockers, but they must
first notify students and give them a chance to be
35
I fought the law...
Student’s Privacy & School Security
tainer, the school official must have reasonable suspicion that he or she will find evidence of a violation of
school rules or the law inside that container.
I fought the law...
WHAT IS CONSIDERED TO BE A WEAPON?
MY
STEPSISTER WAS CAUGHT SMOKING
A JOINT IN THE GIRL’S ROOM AT
SCHOOL. THE NEXT DAY, THE PRINCIPAL
SEARCHED MY LOCKER WITHOUT EVEN
TELLING ME. I WAS REALLY UPSET. I
DON’T USE DRUGS AND I HAVEN’T EVEN
BEEN IN TROUBLE AT SCHOOL ALL YEAR.
THEY HAD NO REASON TO SUSPECT ME.
ARE THEY ALLOWED TO SEARCH LOCKERS WITHOUT TELLING THE STUDENTS?
fought
the
law...
Under ActI 26,
a weapon
is “any
knife, cutting instrument, cutting
tool, nunchaku, firearm, shotgun,
rifle and [anything else] capable of
inflicting serious bodily injury.” This
definition may include nail clippers,
pocket knife key chains, Swiss Army
knives, eyeglass screwdrivers, Cub
Scout knives, scissors, box cutters
and other common household items.
School authorities can only search a locker without
telling you ahead of time if there’s a reasonable suspicion that the locker holds materials that threaten the
health, welfare and safety of students in the school. If
the principal had no reason to suspect you other than
what happened to your stepsister, that doesn’t sound
like a reasonable search. But if someone told the principal that she got the joint from you, or the principal
had some other reason to think your locker contained
materials that threaten the health, welfare or safety of
students, then the secret search would have been OK.
IN RE B.R. (1999)
A student (“B.R.”) standing in the hallway with his friends told a nearby
teacher that he was going to damage
the school communications system. A
few minutes later he said he was going
to bring a gun to school. B.R. was found
guilty of making “terroristic threats”
and put on informal probation. The
Superior Court of Pennsylvania said his
conviction was okay—even though B.R.
did not directly threaten the teacher.
The “specific nature of B.R.’s threat to
bring a gun to school could have been
reasonably inferred by any teacher in
the public school system at that time as
a threat to his or her personal safety.”
IF THEY FIND ANYTHING IN YOUR LOCKER
OR DESK, LIKE DRUGS, CIGARETTES OR
WEAPONS, CAN THEY USE IT AS EVIDENCE AGAINST YOU?
Yes. School authorities may seize any illegal materials and use them as evidence against a student in
disciplinary proceedings. “Illegal material” includes
any item banned at school, such as cigarettes, alcohol, drugs, knives and guns. And, there is nothing to
stop school officials from telling the police what they
have found and giving them the evidence. If the
police bring criminal or juvenile charges, then a judge
will have to decide whether the search was “reasonable” before the materials taken from you can be used
as evidence in the court case
The bottom line is: DO NOT bring anything to school
that you don’t want school officials or the police to see.
vacy” in your pockets, purses or backpacks—since that’s
where you put personal stuff like keys, money, and photos. So, if a school official wants to search your belongings, he or she must have a reasonable suspicion that
the search will show that you are breaking the law or a
school rule. In this case, the search was probably okay
because the teacher had a good reason to think she’d
find some more cigarettes in your friend’s purse.
A TEACHER CAUGHT A FRIEND OF MINE
SMOKING IN THE BATHROOM AT SCHOOL.
SHE TOOK MY FRIEND’S PURSE AND
QUICKLY LOOKED THROUGH IT. SHE
FOUND SOME CIGARETTES, WHICH WE’RE
NOT SUPPOSED TO HAVE AT SCHOOL.
CAN THE TEACHER JUST SEARCH
THROUGH HER PURSE LIKE THAT?
CAN
SCHOOL OFFICIALS CONDUCT STRIP
SEARCHES OF STUDENTS?
Almost Never. Strip searches are so intrusive that
they almost always violate student’s privacy rights. But
in a few cases, courts have said strip searches were
okay because the school reasonably suspected students
of hiding drugs under their clothes on their bodies and
there wasn’t a less intrusive way to search.
It depends. You have a “legitimate expectation of pri36
Student’s Privacy & School Security
WHAT
CAN WE DO IF A SCHOOL OFFICIAL OR POLICE
ASK TO SEARCH US?
If you do not voluntarily consent to the search, there is a possibility that
anything found on you cannot be used against you in court or school disciplinary proceedings. If you give your consent to the search, then anything found
on you can be used.
If you are asked to consent to a search, you should say that you do NOT
consent in a loud, clear voice so that witnesses can hear you. DO NOT physically resist a search, even if you think the search is illegal. That can be used
against you later.
Weapons at School
MY SCHOOL HAS A “ZERO TOLERANCE” POLICY
REGARDING WEAPONS AT SCHOOL. ONE DAY, THIS GUY
BROUGHT A SWISS ARMY KNIFE TO CLASS. HE WAS
EXPELLED FOR A YEAR WHEN A TEACHER SAW THE
KNIFE, EVEN THOUGH HE ONLY USED IT TO TRIM HIS
FINGERNAILS. THE GUY WAS AN “A” STUDENT AND
NEVER GOT IN TROUBLE BEFORE. THE SCHOOL SAID IT
DIDN’T MATTER. HE HAD A “WEAPON” AT SCHOOL, SO
HE GOT EXPELLED. THAT DOESN’T SEEM RIGHT.
Any student who possesses a weapon on school property, at school activities, or on any public transportation to school, must be
expelled for at least one year under Act 26 (a
Pennsylvania law). You don’t have to use the weapon. You
can be punished if you carry it or keep it in your locker.
Before they can expel you, though, you have a right to a
formal hearing. We’ll talk more about that in a later chapter on student discipline.
You usually can’t bring imitation or look-alike weapons
Real Gun
or Fake Gun?
Doesn’t Matter.
Either one can get you in
a LOT of trouble.
37
Student’s Privacy & School Security
to school either, such as a plastic toy gun or knife. Your
school could punish you as severely for bringing an imitation weapon to school as a real weapon.
There is an exception to the rule that students
must be expelled for a year under Act 26. The superintendent of your school district can recommend
another punishment besides expulsion on a case-bycase basis. In a recent case, a Pennsylvania court said
that a school board went too far because its “zero tolerance” weapon policy didn’t let the superintendent
make any exceptions.
to search you at school or on the street. Probable cause
has to be more than a reasonable suspicion. It means
that the police must have solid grounds for believing
that you have committed a crime, or that the place they
want to search contains contraband or other specific
items connected with a crime.
So if the cops want to search you, do not consent. If
they say they have a warrant, they must show it to you.
The warrant has to have your name or an accurate
description of you on it. It has to state what evidence the
cops are looking for and where they think they’re going
to find it. But even if you don’t think police have sufficient reason to do the search and you’ve objected, don’t
resist if they insist on searching anyway.
A STUDENT AT MY COUSIN’S SCHOOL GOT
SUSPENDED BECAUSE HE TOLD A TEACHER
HE WAS MAD AND WAS GOING TO BRING A
GUN TO SCHOOL THE NEXT DAY. HE DIDN’T
EVEN BRING A GUN TO SCHOOL AND HE
STILL GOT IN TROUBLE!
WHAT
ABOUT SCHOOL SECURITY GUARDS
OR OTHER SCHOOL POLICE?
School security guards and other school police are
considered school officials so they only need reasonable suspicion to search you. They have authority anywhere on school grounds and the school bus. But it
probably doesn’t extend to property next to school
grounds. A Pennsylvania court said that school police
weren’t allowed to search a student’s car parked near
the school, even though they saw a shotgun partially
concealed in the back of the car.
A statement like that can easily be interpreted as
a threat and will justify school discipline and maybe
even criminal prosecution. After the 1999 shootings in
Columbine, CO, many schools are reacting strongly to
student threats, or perceived threats, to school security. Courts are generally sympathetic to their concerns. In one case, a Pennsylvania court said that a
student who threatened to bring a gun to school was
guilty of making “terroristic threats, which is a serious
crime in Pennsylvania.”
LAST WEEK, THE CITY POLICE TIPPED OFF
MY SCHOOL PRINCIPAL THAT THEY
BELIEVED THIS STUDENT MIGHT BE CARRYING A GUN AT SCHOOL. TWO POLICE OFFICERS CAME TO SCHOOL BUT JUST WATCHED
WHILE THE VICE-PRINCIPAL SEARCHED THE
STUDENT. SINCE THE POLICE WERE
INVOLVED, DIDN’T THEY NEED A WARRANT
AND PROBABLE CAUSE BEFORE THE VICEPRINCIPAL SEARCHED HIM?
Police Officers & School
Security Guards
DO
POLICE OFFICERS HAVE THE SAME
RIGHT TO SEARCH US THAT SCHOOL
OFFICIALS HAVE?
No. The police cannot enforce school rules, they can
only investigate crimes and make arrests. Unless there
is reason to believe that you are armed and dangerous,
or if you are being arrested or consent to be searched,
the police usually need a warrant and probable cause
When the police play a small role in a search by
school officials, a reasonable suspicion is all that is needed. If the city police didn’t direct the search or have the
school do the search for them, then your vice-principal
only needed reasonable suspicion to search the student.
WHAT THE
ACLU THINKS:
CAN
POLICE OFFICERS EVER SEARCH
WITHOUT A WARRANT?
The ACLU argues that “zero tolerance
policies” are usually too broad and too
vague. Because they don’t allow for any
exceptions, students who haven’t seriously misbehaved in the past often
receive punishments that don’t match
their offense—like getting expelled for
bringing nail clippers to school or suspended for carrying aspirin.
Yes, in situations where it seems likely that someone will be hurt or evidence will be destroyed if they
wait for a warrant. They can also search you without a
warrant, and the areas within your immediate reach,
at the time of your arrest. And police can search you
anytime, even without reasonable suspicion or probable cause, if you consent to the search. A police officer does not need reasonable suspicion or probable
38
I fought the law...
Student’s Privacy & School Security
cause to ask you for permission to search.
I fought the law...
CAN
THE POLICE STOP AND FRISK ME
WITHOUT A WARRANT?
VERNONIA SCHOOL DISTRICT V. ACTON
(1995) I fought the law...
Yes, but only if they have a reasonable suspicion
that you are breaking the law and that you have a
weapon on you. The frisk must be limited to a patdown of your outer clothing—strictly to look for
weapons. If they feel something they think feels like a
weapon, then they can search you.
James Acton signed up to play football
at school. He refused to take a drug
test, so the school said he couldn’t play
on the team. James challenged the
school’s random drug testing policy,
saying it violated his 4th Amendment
rights. The U.S. Supreme Court heard
the case. It held that the drug policy
did not violate the 4th Amendment.
First, student athletes don’t expect
much privacy because they’re used to
sharing a locker room where they
change clothes and shower. Second,
the drug testing (taking urine samples)
wasn’t any more intrusive of privacy
than ordinary conditions in public bathrooms. Third, athletes at the school
were leaders in the school’s drug culture. Finally, the school’s interest in
creating a drug-free school was strong,
especially since the drug problem was
growing at the school. Although the
Court ruled that random drug testing
of student athletes was okay, they
added “We caution against the
assumption that suspicionless drug
testing will readily pass constitutional
muster in other contexts.”
CAN SCHOOL OFFICIALS LET POLICE COME
INTO SCHOOLS TO QUESTION OR ARREST
STUDENTS?
Yes, but no one can make you talk to the police.
WHAT SHOULD I DO TO PROTECT
MYSELF IF THE POLICE WANT TO
QUESTION ME ?
Remember that you have the right to remain silent.
Don’t answer any questions until you have spoken to
your parents or a lawyer. If they start questioning you,
say you want to speak to a lawyer. This will stop or
postpone questioning at least until you have a chance
to speak with a lawyer.
Drug Testing And
Breathalyzers
ONE DAY WE SHOWED UP FOR HIGH
SCHOOL BASKETBALL PRACTICE AND THE
COACH SAID THAT WE HAD TO TAKE A
DRUG TEST RIGHT THERE. SOME OF THE
GUYS ON THE TEAM HAVE BEEN INVOLVED
WITH DRUGS PRETTY HEAVILY, BUT I
HAVEN’T. CAN THE SCHOOL REQUIRE THAT
WE TAKE RANDOM DRUG TESTS?
States Constitution, the Pennsylvania Constitution affords
more privacy rights to students. Under Article I, Section
8 of the Pennsylvania Constitution, a school cannot perform random drug tests of students involved in
extracurricular activities, unless the school can show a
history of drug abuse and a particular reason for targeting students involved in extracurricular activities,
which may be difficult to do.
Probably. Random drug testing of student athletes
has been upheld by the U.S. Supreme Court. School
officials don’t have to believe that you, or any student
basketball player in particular, are doing drugs to
require a drug test. You can refuse to take the test,
but then you probably can’t play with the team.
WHAT IF OUR SCHOOL DISTRICT WANTS
TO USE RANDOM DRUG TESTING OR
BREATHALYZERS ON ANY STUDENT
INVOLVED IN EXTRACURRICULAR ACTIVITIES? IS THAT OKAY TOO?
SO, I GUESS RANDOM DRUG TESTING
OF ALL STUDENTS AT SCHOOL MIGHT
BE A PROBLEM?
It is very unlikely that a school in Pennsylvania
could require drug testing of all students. The U.S.
Supreme Court has permitted drug testing for athletics and other extracurricular activities partly because
Most likely, no. Although the U.S. Supreme Court has
ruled that random drug testing of any student involved
in extracurricular activities does not violate the United
39
Student’s Privacy & School Security
I fought the law...
I fought the law...
WHAT THE
ACLU THINKS:
I fought the law...
The ACLU argues that random drug testing
of students violates your 4th Amendment
protections against unreasonable search
and seizure. These tests invade your privacy and they aren’t based on a “reasonable
suspicion” that you are using drugs, but on
a general suspicion that some students at
school are.
THEODORE V. DELAWARE VALLEY
SCHOOL DISTRICT (2003)
An apparently large drug problem in
Delaware Valley schools caused the
school district to implement a program
forcing all students who wanted to participate in extracurricular activities or
to get a parking permit to consent to
random drug and alcohol testing.
Theodore, a student, agreed to take
the test and “passed,” but sued the
school saying the testing violated the
Pennsylvania Constitution’s privacy
rights in Article I, Section 8. The
Pennsylvania Supreme Court said the
school didn’t have sufficient proof of
widespread drug abuse, and that there
was no reason to single out particular
students, like honors students, for testing. The court ruled the school’s broad
drug testing program unconstitutional.
of the voluntary nature of those activities, and might
or might not hold differently if a school tried to test
all students. But in Pennsylvania, the stronger protection of privacy in the Pennsylvania Constitution would
prohibit an across-the-board testing policy in all but
the most extreme circumstances.
Metal Detectors
MY JUNIOR HIGH SCHOOL PRINCIPAL JUST
ANNOUNCED THAT OUR SCHOOL WAS
GOING TO USE METAL DETECTORS AT THE
OUTSIDE DOOR. CAN THEY DO THAT?
Yes. Metal detectors are usually allowed because
they are less of an invasion of privacy than frisks or
other kinds of searches.
40
I fought the law...
Student’s Privacy & School Security
WAIT A MINUTE. BY USING METAL
DETECTORS, THE SCHOOL IS SEARCHING
ME WITHOUT HAVING A GOOD REASON TO
SUSPECT THAT I DID SOMETHING WRONG.
I THOUGHT THEY COULDN’T DO THAT.
I fought the law...
BOARD OF EDUCATION OF INDEPENDENT
SCHOOL DISTRICT NO. 92 OF
POTTAWATOMIE COUNTY V. EARLS
(2002)
Usually they can’t. As with some random drug testing, school officials likely can use metal detectors
because they aren’t too intrusive, they don’t invade
your expectations of privacy too much, and schools
have an important interest in making schools safe (by
keeping out weapons).
Since metal detector searches do run the risk of violating your Fourth Amendment rights, schools should have
guidelines to protect you. For example, they should tell
you ahead of time about the possibility of metal detector
searches, and shouldn’t single out certain students for
harassment when doing the searches. Also, how far the
school can go to search your clothing or backpack if the
metal detector goes off depends on whether the
machine’s signal gives them a reasonable suspicion that
you are carrying a weapon. That may depend on what
type of machine it is and what it can detect.
In Earls, students argued that a school
policy requiring drug testing for all students involved in extracurricular activities violated the Fourth Amendment to
the Constitution. The United States
Supreme Court held that the policy did
not violate the Fourth Amendment
because (1) students’ privacy rights are
limited because they are minors in
school custody and because they voluntarily gave up some of their privacy
rights by agreeing to join an activity;
(2) a drug test was only a slight intrusion on privacy; and (3) safety was a
concern for all students and testing all
students was an effective method of
preventing, deterring, and detecting
drug use.
41
School Records
School
Records
WHAT
achievement such as grades and standardized achievement test scores, and attendance data.
IS IN MY SCHOOL RECORDS?
S
chool records include most of the
information a public school keeps on a
student, including grades, disciplinary
reports, attendance records, behavior
reports and standardized testing results.
WHAT DO MY PARENTS HAVE TO DO TO
SEE MY SCHOOL RECORDS?
Your parents should send a letter to the school principal saying that they want to see all the records the
school district has on you. Keep a copy of the letter.
The school has to let them see your records within 45 days of getting the letter, or maybe even sooner
if you are a special education student.
Once your parents get your records, they have a
right to get copies of all or any part of your school
records and have a school official explain what is in
explain what is in your records.
DO MY PARENTS HAVE A RIGHT TO SEE
MY SCHOOL RECORDS?
Yes, a parent or guardian has the right to see the
public school records of his or her child unless the student is 18 or married. At that point, only the student
may see school records unless she gives permission for
her parent to see them. An unmarried student under 18
has the right to see some, but not all, of her records
without her parent’s consent. The Code describes these
records as “official administrative records that constitute the minimum personal data necessary for operation
of the educational system,” which means identifying
data, birth date, academic work completed, level of
WHAT HAPPENS IF THERE’S MISLEADING
INFORMATION OR SOMETHING ELSE
WRONG IN MY RECORDS? WHAT CAN I
DO ABOUT IT?
42
School Records
CAN THE SCHOOL RELEASE MY
RECORDS TO MILITARY RECRUITERS?
You and your parents have the right to ask that the
records be changed. Put your request in writing. If
school officials disagree with you, you can request a
hearing to show why you think they should change the
records. Even if you lose at the hearing, you can
include a statement in the records explaining why you
believe the information is wrong. The school must
include this statement every time your school records
are released to someone else.
The release of student directory information has
become a controversial issue because of the recent
increase in military recruiting activity on public school
campuses. The federal “No Child Left Behind Act,”
passed in January 2002, requires that school districts
receiving certain federal funding provide student names,
addresses and phone numbers on request to various
branches of the United States military for recruiting purposes. But the law also requires that schools give students and parents the opportunity to have their contact
information withheld from the military – this is called
“opting out”. Students over the age of 18 have final say
about the release of their directory information to military recruiters, but a parent can overrule the choice of
a minor student. The United States Department of
Education has confirmed that schools must honor “opt
out” requests made by students in the absence of conflicting direction from parents.
CAN
THE SCHOOL SHOW MY RECORDS TO
ANYONE ELSE?
You have some rights of privacy when it comes to
your school records. The school has to get written
consent from your parents or you—if you’re 18 or
older—before it can show your records to anyone
outside the school system. However, the school doesn’t
need to get your consent before they can send your
records to another school system or college where you
plan to enroll. They still must tell you that they are
sending the records, give you a copy if you want one,
and allow you to challenge the records.
Your school can also release “directory information” about you—including your name, address, telephone number, birthday, major field of study, participation in extracurricular activities, and date of graduation. But the school has to tell your parents ahead
of time what information it will release. Your parents
can then ask that any or all of this information about
you not be included.
I’M
TRANSFERRING INTO PUBLIC SCHOOL
FROM A PRIVATE SCHOOL, AND I DON’T
HAVE MY RECORDS. CAN SCHOOL OFFICIALS REFUSE TO ADMIT ME OR LET ME
GRADUATE IF THEY DO ADMIT ME?
If you don’t have your records, your new school
should do its own assessment of your academic levels
to place you in classes. The school shouldn’t prevent
you from graduating because your records are
unavailable.
43
Sexual Health & Education
Sexual Health &
Education
T
he Fourteenth Amendment protects our freedom to make certain
decisions about our bodies and our
private lives without the interference of
the government—which includes public
schools. This “right to privacy” has some
limits, but applies to reproductive health
issues like birth control and abortion.
I fought the law...
PLANNED PARENTHOOD V. CASEY
(1992) I fought the law...
The U.S. Supreme Court said that
women have a right to abortion. The
government, however, can restrict
abortion, as
long as it doesn’t
place an
I fought
the law...
“undue burden” on the woman seeking
an abortion. The court decided that it
wasn’t an “undue burden” to require
women under 18 to get permission
from a parent or a judge; to impose a
24-hour waiting period; and to make
women listen to a state lecture about
abortion and alternatives to abortion.
A GROUP OF PARENTS ARE TRYING TO
STOP MY SCHOOL FROM OFFERING SEX ED
BECAUSE THEY SAY IT VIOLATES THEIR
PARENTAL RIGHTS AND THEIR FREEDOM
OF RELIGION. THEY DON’T LIKE THE FACT
THAT WE LEARN ABOUT BIRTH CONTROL
IN OUR CLASSES. DOES THE SCHOOL
HAVE TO STOP TEACHING US SEX ED?
No. Parents don’t have a constitutional right to be
the only ones to teach their children about family life
and sexuality. Sex ed classes that are taught from a
public health view—not a religious view—are okay.
Sex ed programs must allow students to “opt out” of
44
Sexual Health & Education
particular classes that go against their religious beliefs.
WHAT ABOUT SEX ED PROGRAMS
PENNSYLVANIA SCHOOLS?
MY
DOCTOR THINKS THAT I’M GOING TO
NEED BED REST TOWARD THE END OF MY
PREGNANCY. I’M WORRIED THAT I’LL
FALL BEHIND IN MY CLASSES AND NOT
GRADUATE ON TIME.
IN
The state doesn’t make all Pennsylvania schools
teach sex ed to students, but many school districts do
have their own programs. The federal government
funds some “Abstinence Only” programs in
Pennsylvania through different community groups and
a few public school districts. As the name suggests,
the program can only teach about abstinence—it
can’t talk about birth control at all.
Schools have to offer home tutoring to a pregnant or
parenting student if she has to stay home for medical
reasons that a doctor certifies.
WHERE CAN I GO FOR A PREGNANCY
TEST OR PRENATAL CARE IF I’M PREGNANT?
Go to the nearest family planning clinic. They can
give you a pregnancy test and counseling about your
options. You don’t need your parent’s permission for a
pregnancy test, and the clinic can’t tell your parents.
If you are under 18, you can get these services for free
at the clinic. Some clinics also offer prenatal care and
perform abortions.
Pennsylvania provides free medical care to lowincome pregnant women. To see if you are eligible,
contact your County Assistance Office of the Public
Welfare Department (in the phone book’s blue pages,
under “government offices”). Ask about the “medical
assistance” or “MA” program.
WHAT THE
ACLU THINKS:
The ACLU argues that abstinence-only
programs shouldn’t be required in public
schools. Abstinence-only programs
infringe on your right to free expression
because they censor important information about human sexuality, which is
information teens need—so they can
make responsible decisions and protect
themselves.
WHAT ABOUT HIV/AIDS
PENNSYLVANIA?
DO I
HAVE TO GET MY PARENT’S CONSENT TO RECEIVE MEDICAL CARE IF I’M
PREGNANT?
EDUCATION IN
Schools in Pennsylvania must offer age-appropriate HIV/AIDS education that teaches abstinence and
HIV/AIDS prevention. If this conflicts with your religious beliefs, you can be excused from class if your
parents write a request to the school.
No. If you’re pregnant or married, you don’t need anyone’s consent to receive medical, dental, or other health
services except an abortion. There is a way to get an abortion without a parent’s consent called “judicial bypass.”
WHAT IF I WANT TO GET AN STD TEST?
DO I NEED MY PARENT’S PERMISSION?
MY
PARENTS DON’T WANT ME TO KEEP
THE BABY AFTER SHE’S BORN. CAN
THEY MAKE ME GIVE HER UP?
No. You don’t need their consent to get tested or
treated for sexually transmitted diseases. If you are
under 18, you can get tested for free at a family
planning clinic.
No. You have a right to custody of your child,
unless the court says you’re unfit. You also have the
right to consent to the health care of your child.
Birth Control
Pregnant & Parenting
Teens
CAN I
GET BIRTH CONTROL EVEN
THOUGH I’M ONLY 17?
OUR
SCHOOL HAS CLASSES ON PARENTING THAT THEY OFFER TO GIRLS WHO
ARE PREGNANT AND STUDENTS WHO
ALREADY HAVE KIDS. ARE THEY
ALLOWED TO DO THAT?
Yes. Minors have a right to privacy that includes
access to birth control.
WHAT
IF I WANT TO GO ON THE PILL OR
GET ANOTHER KIND OF BIRTH CONTROL?
CAN I DO THAT WITHOUT MY PARENTS
BEING TOLD?
Yes. Schools can offer separate programs or special courses for pregnant or parenting students, if they
are voluntary.
45
I fought the law...
Sexual Health & Education
Yes. Most family planning clinics receive federal
funding and by law must keep all information confidential. They can’t tell your parents without your permission. You can get birth control for free, or for very
little money, at the clinic.
I fought the law...
PARENTS UNITED FOR BETTER SCHOOLS
V. SCHOOL DISTRICT OF PHILADELPHIA
I fought the law...
(1998)
MY HIGH SCHOOL WANTS TO START A
PROGRAM WHERE THEY HAND OUT CONDOMS TO STUDENTS IN OUR HEALTH
RESOURCE CENTERS. CAN THEY DO THAT?
The Philadelphia School District started a program to give information,
counseling, and condoms to interested
high school students. The District
wanted to deal with the problems of
teen pregnancy and sexually transmitted diseases. Some parents became
upset and sued to stop the condomdistribution program. The U.S. Court of
Appeals for the Third Circuit ruled in
favor of the school district. The program didn’t violate parents’ or students’ rights; it was voluntary, the
school district told parents about the
program ahead of time and parents
could use an “opt out” provision if they
didn’t want their children to get condoms. The school district could continue to distribute condoms to students.
Yes. In Pennsylvania, condoms can be distributed at
schools if the program is voluntary, parents are told
about it ahead of time, and they can refuse to let their
child participate.
Abortion
I
THINK I MIGHT BE PREGNANT. WHAT
HAPPENS IF I DECIDE TO GET AN
ABORTION ?
It’s your constitutional right to have an abortion. In
Pennsylvania, however, if you are under 18 you must get
permission for an abortion from either one of your parents or a judge.
ARE
THERE EXCEPTIONS?
Yes. You may not need to get permission for an
abortion when:
• It’s a medical emergency;
judge who can okay the abortion for you without getting your parent’s consent. The judge cannot tell your
parents, your boyfriend, or anyone else about your
pregnancy. For more information about the judicial
bypass or your abortion rights, contact your local
family planning clinic.
• Your parents aren’t available (in which case
someone who stands in their place can give
permission); or
• You are legally emancipated.
MY
DOES
MOM IS BEING REALLY SUPPORTIVE
OF MY DECISION TO GET AN ABORTION,
SO WHAT DO WE DO NOW?
THAT
MY BOYFRIEND HAVE TO BE TOLD
HAVING AN ABORTION?
I’M
No. You do not have to tell him about the abortion
or get his permission.
You need the “informed consent” of one of your parents to get an abortion. That means you and your mom
have to listen to a lecture about abortion that the state
requires. Then you must wait at least 24 hours before
you both sign the consent form for the abortion.
CAN
MY PARENTS MAKE ME GET AN
ABORTION IF I DON’T WANT ONE?
No. You cannot be forced to have an abortion by
anyone, except possibly in a medical emergency when
your life is in danger.
I
CAN’T TELL MY PARENTS THAT I’M
PREGNANT, AND THERE’S NO WAY THEY
WOULD LET ME GET AN ABORTION IF
THEY FOUND OUT. DO I HAVE TO GET
THEIR PERMISSION?
No. If you can’t tell your parents—or if they refuse
to consent to an abortion—then you can go through
a “judicial bypass.” That’s a private hearing before a
46
Student
D ISCIPLINE
he Fourteenth Amendment says that
everyone is entitled to “due process
of law.” This means we have a right
to be treated fairly when accused of wrongdoing by the government.
punishment can’t be more serious than the misconduct was. For example, your school can’t suspend you
for just a minor violation.
WHAT DOES “DUE PROCESS” MEAN IN
PUBLIC SCHOOLS?
WHAT
T
Suspensions
IS A SUSPENSION?
A suspension is an exclusion from school for one
to ten days in a row. In Philadelphia, the time is one
to five days. You can be suspended by a principal or
other person in charge of a school.
Due process means that the school can’t give you
a serious punishment—like a suspension or expulsion—without first having followed “fair procedures”
to determine if you are guilty. These include:
• Telling you exactly what you are accused of
doing wrong.
WHAT CAN MY SCHOOL SUSPEND ME FOR?
Look in your school’s Code of Student Conduct to
find the offenses that can lead to suspension. You
should have received a copy of the Code of Student
Conduct from the school, and it should be available in
your school library.
• Telling you exactly what the punishment will be.
• Giving you a chance to tell your side of the
story before punishing you.
The school also can’t punish you more severely
than other students for the same offense, without good
reason. And if you’re found guilty of something, the
WHAT PROCEDURES DOES THE SCHOOL HAVE
TO FOLLOW IF IT WANTS TO SUSPEND ME?
47
I fought the law...
Student Discipline
P E N N S Y L V A N I A
I fought the law...
CODE
GOSS V. LOPEZ (1975)
“The board of school directors shall
define and publish the types of offenses that would lead to exclusion from
school…No student shall be suspended
until the student has been informed of
the reasons for the suspension and
given an opportunity to respond. Prior
notice of the intended suspension
need not be given when it is clear that
the health, safety or welfare of the
school community is threatened. (PA
Code Section 12.6)
I fought
the law...
Several high
school students
were
suspended from school for ten days
after they participated in widespread
demonstrations in the school district. They challenged the suspensions, saying they were denied their
due process rights under the 14th
Amendment because they didn’t get
a hearing before their suspension.
The U.S. Supreme Court agreed with
the students.
• Before you are suspended, you must be told the
reasons for it and given a chance to respond.
The school must tell you the reasons for the suspension and give you a chance to respond. Depending
on the circumstances, the school, may or may not
have to do all of this before they start the suspension.
For example, if you are considered a threat to the
school, they will suspend you and then hold a hearing.
If you are suspended, your parents and the superintendent of your school district must immediately be told
in writing why you are being suspended.
• When you are suspended, school officials must tell
your parents about it.
• If the suspension is for more than ten school days
in a row, you and your parents must be offered
an informal hearing with the principal.
• During the suspension, the school district must
arrange for your continued education.
WHAT IF THE SCHOOL SUSPENDS ME
FOR MORE THAN THREE DAYS?
I
MISSED A HISTORY TEST BECAUSE I
WAS SUSPENDED FROM SCHOOL DURING
THE WEEK THE TEST WAS GIVEN. MY
HISTORY TEACHER WON’T LET ME MAKE
IT UP. CAN HE DO THAT?
If the suspension is longer than three days, you and your
parents must be told in writing about the reasons for the
proposed suspension. The school must offer to hold an
informal hearing to discuss the situation with your family and
give you a chance to show why they shouldn’t suspend you.
At the informal hearing, you have the following rights:
•To question any witnesses present at the hearing;
•To speak and produce witnesses on your own
behalf.
If the school doesn’t offer to hold the informal
hearing within the first five days of the suspension, you
have the right to return to school on the sixth day.
No. Students must be given a chance to make up
exams and other work missed while on suspension.
I GOT CAUGHT BRINGING CHAMPAGNE TO
OUR SENIOR CLASS PROM AND WAS SUSPENDED. THE SCHOOL ALSO TOLD MY
PARENTS I COULDN’T GO TO MY GRADUATION CEREMONY. CAN THEY DO THAT?
Yes. Pennsylvania courts have allowed school district to exclude suspended students from graduation
ceremonies. The school, however, can’t deny you a
diploma if you have completed all the requirements
for graduation.
I’M BEING SUSPENDED FROM MY CLASSES
BUT THE VICE-PRINCIPAL TOLD ME I AM
STILL EXPECTED TO COME TO SCHOOL.
WHAT KIND OF SUSPENSION IS THIS?
Expulsions
It’s an “in-school suspension”—meaning a student
is excluded from his or her regular classes but is still
expected to come to school. The following rules apply
to in-school suspensions:
WHAT
IS AN EXPULSION?
An expulsion is an exclusion for more than ten
48
Student Discipline
school days in a row (five days in Philadelphia) and
possibly a permanent removal, from school.
WHAT
MY SCHOOL WANTS TO IMPOSE A DISCIPLINARY TRANSFER ON ME. WHAT IS THIS?
Your school may transfer “disruptive” students to a
special disciplinary school or alternative education
program. Before they can transfer you, you have the
following rights:
• To be told the reasons for the possible
disciplinary transfer.
CAN MY SCHOOL EXPEL ME FOR?
Look in your school’s Code of Student Conduct to find
the offenses that could lead to expulsion from school.
WHAT
PROCEDURES DOES THE SCHOOL
HAVE TO FOLLOW IF IT WANTS TO EXPEL
ME?
• To have an informal hearing where you can argue
why you shouldn’t be transferred.
If you are a threat to other students or to school property, however, the school can transfer you immediately.
They still have to tell you the reasons for the transfer and
hold the hearing, as soon as possible after the transfer.
Before you can be expelled, the school must tell
your parents by certified mail about the proposed
expulsion and the reasons for it.
• You can’t be expelled without a formal hearing to
decide your case. The school board or a
committee of the school board holds the hearing.
ARE
SCHOOL OFFICIALS ALLOWED TO
HIT STUDENTS AS A PUNISHMENT?
• You can’t be expelled unless the majority of the
school board votes for your expulsion.
In 2005, the State Board of Education amended the
PA Code to prohibit the use of corporal punishment as
a form of student discipline. But teachers or administrators may still use “reasonable force” to stop a disturbance, take a weapon or dangerous object from a
student or protect people or property.
• You can remain in your regular classes until they
hold the formal hearing—unless it is decided at
an informal hearing that you are a threat to the
safety of the school.
WHAT
ARE MY RIGHTS AT A FORMAL
HEARING?
CAN MY TEACHER LOWER MY GRADE IN
HER CLASS AS A FORM OF PUNISHMENT?
• To be represented by a lawyer.
No. Your grade can’t be reduced for disciplinary
reasons—unless your misconduct affected your work
in the course.
• To have the hearing conducted in private unless
you ask that it be public.
• To know the names of any witnesses against
you and to get copies of their statements.
CAN THE SCHOOL PUNISH ME FOR WHAT I
DO WHEN I’M NOT ON SCHOOL GROUNDS?
• To ask that any witnesses against you appear
in person at the hearing and answer questions.
School officials can regulate your conduct any time
you are under their supervision—which includes transportation to school and going on field trips. They can
also probably punish you for things you do away from
their supervision, if that behavior affects your conduct in
school—or otherwise seriously disrupts the school.
• To testify and present witnesses on your
own behalf.
• To have a record of the hearing made and to
buy a copy of it.
• To appeal the decision to the appropriate court,
usually within 30 days.
I
GOT ARRESTED FOR SOMETHING I DID
AWAY FROM THE SCHOOL GROUNDS. CAN
I BE SUSPENDED FROM SCHOOL EVEN IF
I HAVEN’T BEEN CONVICTED YET?
WHAT HAPPENS TO MY RIGHT TO RECEIVE
AN EDUCATION IF I’M EXPELLED?
An arrest is only an accusation. If school officials suspend you based on your arrest, they violate the basic idea
that people are innocent until proven guilty. Your school,
however, may hold a suspension hearing to decide if you’re
guilty. Based on the hearing, it might suspend you even
before your court trial. Talk to a lawyer before going to
the school hearing—because what you say at the hearing can be used against you later in your court trial.
If you are under 17 years old, you must be provided
with some type of education. Your parents are responsible
for finding another educational program for you after you
are expelled. If they can’t do so within 30 days, they must
tell the school district in writing. Then the school district
must arrange for your continued education.
49
Student Discipline
Discipline of
Students with Disabilities
decide that the behavior in question isn’t
connected to your disability.
• For students with any other disability—the
school can suspend you for up to 10 days. For
suspensions over 10 days, a special team must
first decide that the behavior in question isn’t
connected to your disability.
I
HAVE A DISABILITY. DOES THAT MAKE
A DIFFERENCE IN HOW THE SCHOOL
DISCIPLINES ME?
Yes. Students with disabilities have special rights in
disciplinary cases. This is because the law recognizes that
their behavior sometimes is a result of their special needs.
• Exceptions may be made if you bring a
dangerous weapon or illegal drugs to school,
or if you pose a threat to yourself or others
at school.
CAN I
BE SUSPENDED OR EXPELLED
FROM SCHOOL IF I’M A STUDENT WITH
DISABILITIES?
CAN
A TEACHER HIT A STUDENT WITH
DISABILITIES IF SHE DOESN’T BEHAVE?
The rules about this are complex. If you have questions, contact the Education Law Center (www.elc-pa.org)
for more details. We’ll give you the basic rules here:
• For students with mental retardation—before
you can be suspended, a special team must
No. Corporal punishment and other kinds of punishment, such as mechanical or physical restraints,
may never be used on students with disabilities.
The PA Code does not contain a list of offenses for which students can be suspended or expelled. To some extent, your
principal (or person in charge of the school) has the power to decide what kind of punishment he or she administers for
a particular offense. To protect your right to due process, the PA Code does spell out a process for suspensions and
expulsions. Different procedures may apply if your principal feels that the health, safety or welfare of the school community is at risk because of your behavior. In a case involving a possible expulsion, the student is entitled to a formal
hearing, which is a fundamental element of due process.” (PA Code Section 12.8)
TYPE OF
DISCIPLINE
WHAT
IS IT?
In-School
Suspension
Students are
excluded
from regular
classes, but
still attend
school.
Out-of-School Students are
Suspension
excluded
from school
for 1 to 10
days.
Expulsion
Students are
excluded
from school
for more
than 10 days,
sometimes
permanently.
HEARING
YOUR SCHOOL MUST
YOU
HAVE THE
RIGHT TO
Informal
hearing if
suspension
is more
than 10 days
•Notify your parents/guardians in writing. Respond to testimony
•Inform you of the reasons for the sus- against you, if there is
a hearing
pension.
•Conduct an informal hearing if suspension is more than 10 days.
Informal
hearing if
suspension
is more
than 2 days
•Notify your parents/guardians in writing.
•Inform you of the reasons for the suspension and give you and opportunity to
respond.
•Conduct an informal hearing if suspension is more than 2 days.
•Notify your parents/guardians in writing.
•Conduct a formal hearing within 5 days.
•Allow you to stay in your normal class
until the hearin.
•Make provisions for alternative education, if you are under 17 and your parents/guardians are not able to do so.
Formal
hearing
50
Respond to testimony
against you, if there is
a hearing,
•Have a lawyer at
your hearing.
•Produce witnesses on
your behalf.
•See the names of
witnesses and testimony against you.
•Appeal to the Federal
District Court, if your
constitutional rights
have been violated.
Philadelphia Office
PO Box 40008
Philadelphia, PA 19106
215-592-1513
[email protected]
Pittsburgh Office
313 Atwood Street
Pittsburgh, PA 15213
412-681-7736
[email protected]
Harrisburg Office
PO Box 11761
Harrisburg, PA 17108
717-238-2258
[email protected]