Know Your Rights: A Guide For Public School Students in Washington

KNOW YOUR RIGHTS
A GUIDE FOR
PUBLIC SCHOOL STUDENTS
IN WASHINGTON
Know Your Rights
A Guide for Public School Students in
Washington
This guide provides general information on students’ rights in Wash-

ington state public schools. It is not meant to provide legal advice. This
guide does not address the rights of students in private schools, tribal
schools, public colleges or universities.
For more information on related issues, see the ACLU of Washington

publications: Parents’ Guide to Public School Discipline in Wash-
ington, Parents’ Guide to Truancy in Washington, and Parents’
Guide to School Board Advocacy in Washington, available on our
Web site: www.aclu-wa.org
Cover design graciously donated by:

Michael Mahoney of Hat Head Studios, LLC
Published June 2007
A project of the American Civil Liberties Union of Washington

Foundation
2 Know Your Rights: A Guide for Public School Students in Washington Know Your Rights: A Guide for Public School Students in Washington 3
VIII. School Searches and Police in Schools ………….. 34

A. School Searches ………………………………………….. 36
TABLE OF CONTENTS
B. Drug Tests and Dog Sniffs ………………………………. 38
I. Know Your Rights …………………………………… 4 C. Police Interrogation ……………………………………… 39
II. How to Be Your Own Advocate ……………………. 6 IX. Student Records: Privacy and Access ……………... 44
III. Freedom of Expression …………………………… 11 X. The Right to a Free Public Education ……………... 48
A. Who Can Enroll and What Are the Requirements ………. 49
A. Free Speech in Cyberspace ………………………………. 14
B. Compulsory Attendance: The Becca Bill ………………… 50
B. Student Newspapers …………………………………….. 15
C. Special Education Services ………………………………. 52
C. Library Books and Internet Filters ……………………….. 16
D. Bilingual Education ……………………………………... 53
D. Protests and Demonstrations …………………………….. 17
E. Pledge of Allegiance ……………………………………... 18 XI. School Discipline and Grievance Procedures …….. 55
F. Dress Codes ……………………………………………... 18
IV. Freedom of Religion ……………………………… 20

A. Free Exercise of Religion ………………………………… 21
B. Government Establishment of Religion ………………….. 22
V. Student Clubs ……………………………………... 24
VI. Equal Protection: Freedom from Discrimination … 25

A. Harassment ……………………………………………… 26
B. Lesbian, Gay, Bisexual,
Transgender and Questioning Students ………………….. 27
C. Discrimination and Disparities in Discipline …………….. 28
D. Gender Discrimination in Athletics ……………………… 29
VII. Sexual Health and Education ……………………. 31

Young people are often told that they do not have the same rights
as adults. In some cases, that is true. But despite some restrictions,
KNOW YOUR RIGHTS! young people do have rights. And for many questions that come up at
school, your rights are part of the answer.
Schools are places for growing, inquiring minds. The process of
growth often includes questioning or rejecting established values. And It takes courage and determination to stand up for your rights. But it
that can be uncomfortable for school authorities. On the other hand, is worth it and there are people who can support you when you do!
to create an educational environment, schools must be able to impose
a certain degree of discipline and order. If you have questions about your rights at school, or want help in
protecting your rights, call the ACLU to see if we can help. You can
By understanding your rights, you can help make sure that they are reach us at 206.624.2180 or through our Web site: www.aclu-wa.org.
protected.
Have you ever wondered... IT IS NEVER TOO SOON TO STAND UP FOR YOUR RIGHTS!
Have you ever wondered whether you can get in trouble for
writing about your school on your own Web page at home;
whether you can form a gay/straight alliance club; wear a
t-shirt protesting the war or quote scripture as part of a class
assignment?
Have you ever wondered...
Have you ever wondered whether it was okay for a police
officer to search your locker; whether you had to answer if a
police officer asks you questions, or whether the school could
tell your parents if you asked the counselor about sexual
health or birth control pills?
This guide will help you understand what your rights are in
many situations. And when you know your rights, you can
speak up when they are being violated.
changing, so sometimes school policies are outdated. They may not

give you full information about your rights. You can find out more
HOW TO BE YOUR OWN ADVOCATE about your rights from this guide. If you have a specific question
about your rights and cannot find an answer, talk to your school
counselor or teacher to see if they can help you. You can also call the
This section describes six ACLU to see if we can help.
general strategies to use if
you feel that your rights are Second: Investigate the Facts
being violated. Remember If something happens that you think is unfair, keep track of the
that freedom cannot protect details. The best way to keep it straight is to write it down!
itself. You might find a
sympathetic teacher, a parent
or adult who will stand up
for you when the school is Write it Down!
violating your rights, but As soon after the incident as possible, write out a statement,
often it is up to you to ask including:
for help.
9 Who was involved? Who saw it?
Most educators -- including school administrators -- want to do the
9 What happened? What was said?
right thing. If you carefully and respectfully explain to school officials
that certain actions of the school are improper, you might find that 9 When did it happen? When did you report it?
they will agree with you. 9 Where were you?
9 Why did the school take the action it did?
First: Know Your Rights
You cannot protect your rights if Get a Copy of Your
you do not know what they are. School Rules Ask for statements from witnesses. Try to find out the points of view
A good place to start looking is in of the different people involved, including school staff or adminis-
If you do not have a copy
the written policies and procedures trators. If the school gives you anything in writing or if you submit
of your student handbook,
adopted by your district. You anything in writing yourself, keep copies!
ask the principal for a copy.
should find some of those in your To get copies of the district
student handbook, and you can Third: Think About What You Want
policies and procedures,
find more by asking your principal you can ask your principal, What do you think the school should do? Some changes may affect
or district office. or the district office. Many only you. Other changes may involve a rule or policy that will affect
school districts post their everyone in your school, district, or state. When you have an idea
But you should not stop there. policies online. about what you want to happen, think about how you can make the
Laws and policies are constantly case for it.
Fourth: Figure out You can build awareness and

Who Has the Power Watch out for Deadlines! support for an issue by:
to Help
When you know what Sometimes you must act quickly to 9 writing an article for
you want, figure out preserve your rights – especially the school paper
who has the power to in school discipline. For example,
9 going to school board
make it happen. If you if you do not request a hearing to
meetings or
want help in under- challenge a long-term suspension
standing something or expulsion within three days, you 9 getting petitions
you think is unfair, may lose your right to a hearing. Be signed by other
you might start with a sure to save all letters and notices students, parents and
teacher or counselor. If from the school. Read them care- teachers.
your problem involves fully and respond to them in time.
a teacher, school staff To find out more about your rights Sixth: Meet with the Decision-makers
or school activity, you in relation to school discipline, If you plan a group meeting with the principal or another school
should go to the princi- check out our Parents’ Guide to administrator:
pal or school counselor. Pubic School Discipline in Washin-
If your problem is with ton, available in the Student/Youth 9 be sure to meet first just with your group
the principal, or if the Rights section of our website: www.
principal is not helping aclu-wa.org, click on Publications. 9 outline the points you want to make and
you, your next step may how you will make them
be to contact the super- 9 designate one person to talk while
intendent or the school board. Changes in district policy can only another takes notes
be made by the school board, but you will generally want to start by
9 let the principal know in advance who
talking with your principal and the superintendent.
will be attending the meeting.
When it comes to school discipline, there are specific steps you must
Remember, you will have the most success if you can remain calm
follow. Look in your handbook and read disciplinary notices carefully
and reasonable. Always treat school officials with respect, even if you
so you can be sure you will have a chance to challenge the discipline!
disagree with them. If school administrators tell you no, ask for the
reasons behind their decision and try to respond. If that does not
Fifth: Find Your Allies and Work in a Group change their mind, try going to the next step – usually, the superin-
If you see a problem, you are likely not the only one who is con- tendent or school board.
cerned. Your message will be stronger if you can work in a group.
Look for other students, teachers, parents, or community members to After any meeting, write a brief note to the official you met with, fol-
work with you. lowing up and confirming any agreements that are reached.
Standing up for your rights at school and in court takes courage, but
your success can help prevent future violations of other students’ rights.
The ACLU has helped many students stand up for their rights, and
FREEDOM OF EXPRESSION
has often succeeded. But sometimes courts have favored schools’
interest in keeping order over students’ rights. Sometimes schools Congress shall make no law…abridging the freedom of
are allowed to punish students for speech that we believe should be speech, or of the press; or the right of the people peaceably
protected, or search students’ things without any reason to suspect to assemble, and to petition the government for a redress of
them. But do not be discouraged – just because schools are allowed to grievances.
do something, does not mean that they have to! U.S. Constitution,
Amend. I
Every person may freely speak, write and publish on all
subjects, being responsible for the abuse of that right.
Washington State Constitution,
Article I, Section 5
IF YOU THINK SOMETHING IS UNFAIR OR
UNREASONABLE, SPEAK UP! OTHERS MIGHT AGREE. The First Amendment of the Express Yourself!
U.S. Constitution and the
Washington State Constitution The First Amendment pro-
guarantee the freedom of expres- tects your right to express
sion for everyone, including you! yourself through spoken or
Although you do not have all written words, on bulletin
the same rights when you are in boards, in student papers,
school as you do when you are on the Internet or on your
in the community, you do have t-shirt. It protects your
important rights. right to participate in peace-
ful protests or marches. It
Your right to free speech is also protects your right to
protected at school. Students do express yourself through
not give up their constitutional your taste in books, art,
rights when they walk onto music or the clubs you
school grounds. That includes join. The First Amendment
your right to free speech. But protects your right to speak
in some cases, your speech can and to receive information,
be restricted at school even if it as well as your right not to
would be protected if you were speak.
off school grounds. In a famous case from 1969, called Tinker v. Des ered a “true threat,” you must
Moines Independent School District, the U.S. Supreme Court said stu- intend that others take your Limits on Vulgar,
dents have the right to free speech at school unless their speech would words as a threat. Your words Lewd or Drug
cause a “material and substantial disruption” to class or school activi- must be so clear and convinc- Related Speech
ties, or would infringe on the rights of others. Speech does not create ing that the person would have
a material and substantial disruption just because it draws attention, a reasonable fear for his or her To ensure an educational
or because a teacher does not like it. To be a material and substantial safety. The First Amendment environment that is civil and
disruption, it must be a real disruption of the class or school activity. also does not protect false per- law-abiding, schools are
sonal attacks against another allowed to limit students’
School administrators and teachers cannot censor you, or prevent person that are defamatory. use of vulgar or lewd speech
you from saying something, just because it is controversial. Schools Defamatory speech is speech on campus. In 1986, a high
might consider some subjects, like war, racism, gay rights, drugs or that is untrue and harms school student in Washington
teen pregnancy to be too controversial for school. But that is not a someone’s reputation, and you state was suspended for using
good reason for censoring you. Whether you want to make a serious know, or should have known, sexual innuendo in a speech at
comment on a new school rule or the latest national news, the school that it was untrue when you a school assembly. The case,
cannot censor or discipline you for your ideas unless it has a good reason said or wrote it. The right to called Bethel School District
for believing that your expression will cause a substantial disruption free speech does not protect v. Fraser, went all the way to
or infringe on the rights of others. speech that is obscene. The the U.S. Supreme Court. The
courts have said that speech is Court said that schools may
Remember, when speech on sensitive topics does stir passionate feel- obscene if it deals with sex in discipline students for speech
ings, the best response is usually more speech – not less! a manner appealing to lustful that is not obscene but is still
interest in a patently offen- vulgar or lewd and used in an
There are some limits on the freedom of expression that apply to inappropriate school setting.
sive manner and lacks serious
everyone. Whether you are in school or not, the First Amendment In a case from 2007 called
literary, artistic, political or
does not protect speech that is a “true threat.” In order to be consid- Morse v. Frederick, a student
scientific value. When speech
is directed toward minors, the in Alaska was suspended
What is the Difference between standard for obscenity is lower. for holding up a banner at a
a Joke and a Threat? Speech is obscene as to minors school-sponsored event that
if it appeals to the prurient, read “Bong Hits 4 Jesus.”
School authorities are sensitive about provocative statements shameful, or morbid interest The U.S. Supreme Court said
or jokes about violence. They often try to punish students of minors, is patently offensive that the school could limit the
who make such statements. True threats are not protected with respect to what is suit- student’s speech because it
inside of school or out. But in order to be considered a “true able for minors, and is without advocated illegal drug use and
threat,” you must intend that others take your words as a redeeming social importance did not include any serious
threat. Your words must be so clear and convincing that the for minors. comment on social or political
person would have a reasonable fear for his or her safety. issues.
Distributing Written Materials On-campus Internet Speech: If you are using a school computer,
You do not need to get permission in advance to bring written mate- you should be prepared to follow the school’s rules for the use of its
rials, including leaflets, newspapers or announcements, into the equipment. Most schools have “Internet Use” policies stating what
school building. But, if you want to distribute them, you must follow those restrictions are. Any restrictions should be based on some valid
the school’s rules regarding when, where and how you can distribute educational reason.
them.
Off-campus Internet Speech:
Any restrictions the school creates must be reasonable and they must Expressing yourself from a com- The ACLU’s Work on
apply equally to all non-school student literature. Generally, school puter outside of school is a differ- Internet Speech
rules that allow leafleting in hallways, but not in class, are considered ent matter. Schools’ authority to
reasonable. Also, schools may require someone to hand out leaflets limit student speech has gener- The ACLU has helped
instead of leaving them in big piles for people to pick up. Some ally not been extended to speech students stand up for their
schools will designate one table where students can leave unattended that takes place off-campus. You rights when schools tried to
stacks of leaflets. should not be censored or disci- discipline them for off-cam-
plined for your expression on a pus internet speech. You can
Remember, if your materials contain speech that would get you into private Web site, a posting on a learn more about the cases
trouble if you said it out loud at school (because it risks creating a real Web blog, or a personal e-mail and how they turned out in
disruption, is vulgar, – if it is sent from your personal the Student/Youth section of
advocates illegal drug account, on your own time, our Web site: www.aclu-
use, or infringes on the using your own resources from wa.org.
rights of others), you a computer outside of school
can get into the same – even if the content is school-
trouble for distributing related. But the law in this area is still evolving. Some courts have said
it in written form. that schools can discipline students for off-campus Internet speech if
it has disruptive effects at school.
A. Free Speech in
Cyberspace B. Student Newspapers
Your right to express Your right to control the content of newspapers distributed at school
yourself is not lim- depends on whether the newspaper is school-sponsored.
ited to the technology
of yesterday! It applies in cyberspace too, whether you are writing School Sponsored Newspapers: In a case from 1988 called Hazel-
e-mails, keeping a Web blog, creating a homepage, or posting in a wood School District v. Kuhlmeier, the U.S. Supreme Court explained
chat-room. However, many school officials have tried to regulate what that if a newspaper bears the school’s name, uses significant school
students can and cannot post or access online. The law in this area resources to be published, or is designed by the school to be a learn-
is still developing because the technology is new, but there are a few ing experience and has a faculty advisor, it is “school-sponsored.”
guidelines.
The school is considered the publisher of school-sponsored materials In 1982, in a case called Board of Education v. Pico, the U.S. Supreme
and has the final say over what can and cannot be published, subject Court said that a school cannot take books out of its library just
to two limits. First, a decision to remove material from a school-spon- because it disagrees with the ideas expressed in them. Schools have
sored publication must be related to some valid educational purpose. more authority to control which books are or are not used in the
An article cannot be removed from the publication simply because classroom because they have broad control over the curriculum.
the principal disagrees with the viewpoints it expresses. The same is Before your school removes “controversial” or “inappropriate” materi-
true for student expression in other school-sponsored activities, like als from your class or your library, you should have an opportunity
school plays, concerts, or murals. Second, if your school has made a to object to their removal. Ask for your school district’s policy and
formal decision to operate the paper as an open forum for all student procedure for selecting or challenging instructional materials.
views, then the school gives up its control over the content of the
newspaper. Ask your journalism advisor if your school paper has been The Internet: School computers usually are equipped with filtering
designated an open forum. software that prevents you from accessing web sites that the principal
or librarians consider improper for a school setting. Filters often block
Underground and Independent Newspapers: If you publish an too much, including sites that schools feel uncomfortable with, like
unofficial or “underground” newspaper or zine that is not school- sites giving teens information about sexual health or sexual identity.
sponsored, you have complete control over the contents. And you can
distribute it as you can leaflets and books. You do not need to ask
permission to bring it into the school building, and the school cannot Disabling Filters
require you to get approval of the content in advance.
If you think your school is blocking information that would
But remember one risk – if your publication contains speech that be useful to you or other students, ask whether the filter can
would get you into trouble if you said it out loud at school (because it be disabled. Find out what the school’s policy is on internet
risks creating a substantial disruption, is vulgar, advocates illegal drug use, and let them know your concerns.
use, or infringes on the rights of others), you can get into the same
trouble for distributing it at school in written form.
D. Protests and Demonstrations
C. Library Books and
Internet Filters You do not have to wait until you graduate to organize or
participate in protests, rallies or demonstrations!
The First Amendment right
to freedom of expression You have the freedom to express yourself in groups, with posters,
includes the right to receive songs and drama. There are limits – you must comply with reasonable
ideas and information. The school rules regulating the time, place and manner of student speech,
First Amendment puts including group demonstrations. You could get in trouble for hold-
some limits on what schools ing a protest at school that substantially disrupts the orderly opera-
can do to keep information tion of the school. If you encourage students to miss class, block a
out of your hands. hallway, or make a lot of noise while others are studying, it will likely
be considered a disruption. But their own personal style. But

you should be able to organize Learn More: Your you do not have complete What is “Gang-related
a peaceful, orderly protest at Rights in Relation to freedom in choosing the out- Apparel?”
lunch, or before or after school. Student Walkouts fits, hairstyles or accessories
If you are unsure about when you wear to school. Courts That may depend on where
and where you can hold a protest Before a school can suspend have typically allowed schools you go to school. The law
or demonstration, check your you for missing school, it to regulate students’ dress and allows school boards to
school district’s written policies has to take a number of hairstyle. Schools might regulate adopt dress codes that
and rules about students’ free corrective steps and start the length of skirts and shirts, prohibit “gang-related
speech on school grounds. with lesser punishments. or prohibit clothes with sexual apparel.” Before you can
You should also be given the or obscene messages, or “gang- be disciplined for wearing
Because the law requires you to same right to make up work related apparel.” it, the school board must
attend school, the school can as any other student who notify you and your parents
discipline you if you skip class has an unexcused absence A court is more likely to protect of what clothing and apparel
to participate in a protest or for the particular classes your freedom of expression if your school board consid-
demonstration. But the school you miss. For additional your clothes make a political ers “gang-related.” If the
cannot punish you more harshly information, see our bro- or religious statement, or if the school’s definition is so
for missing school to participate chure on Student Walkouts school’s rules are so vague that broad or vague that you do
in a protest than it would punish and Political Speech at you could not be expected to not know what it means, ask
students for missing school for School, available in the Stu- understand what they mean. No the school to clarify it.
any other reason. dent/Youth Rights section at: dress code may prohibit students
www.aclu-wa.org, click on from wearing clothing in obser- Any school rule must be
E. Pledge of Allegiance Publications applied fairly and without
vance of their religion.
discrimination. If you think
You cannot be forced to take
your school is singling out a
oaths you do not believe. This School boards in Washington
particular group of students
means that you cannot be punished by your school for refusing can require school uniforms. But
for wearing gang-related
to salute the flag, say the Pledge of Allegiance, or rise while others if your school decides to require
apparel, keep track of when
say the Pledge. You also cannot be required to leave the room when uniforms, it must make sure that
it happens and contact the
others are saluting the flag if you choose not to. You should maintain students who cannot afford the
ACLU to see if we can help.
a respectful silence while others recite the Pledge. You do not have to uniform can still go to school.
give your teacher or other school staff a reason for not participating.
And you do not need your parent’s permission to exercise the right of
conscience to refrain from reciting the Pledge.
F. Dress Codes
People sometimes express who they are and what they believe through
A. Free Exercise of Religion

Your right to the free exercise of religion is protected both inside of
FREEDOM OF RELIGION school and out. When you are in school, you are free to practice your
religion individually so long as you do not disrupt educational activi-
Congress shall make no law respecting an establishment of ties or interfere with the rights of others.
religion, or prohibiting the free exercise thereof . . .
U.S. Constitution, Individual students are free to:
Amend. I
9 pray
Absolute freedom of conscience in all matters of religious 9 read from a religious text
sentiment, belief and worship, shall be guaranteed to every
9 wear religious symbols
individual, and no one shall be molested or disturbed in
person or property on account of religion; . . . No public 9 discuss their faith
money or property shall be appropriated for or applied to any 9 invite others to join their religious group
religious worship, exercise or instruction, or the support of
any religious establishment . . . You can pray in a group as long as you are not disruptive. You can
Washington State Constitution, form a religious club and are free to meet at school during non-
Article I, Section 11 instructional time if the school allows other non-curriculum-related
student clubs to meet on campus. You also generally have the right to
All schools maintained or supported wholly or in part by the distribute religious literature on public school campuses. The school
public funds shall be forever free from sectarian control or can impose rules about when, where and how you can distribute your
influence. literature. Any restrictions the school creates must be reasonable and
Washington State Constitution, they must apply equally to all non-school student literature.
Article IX, Section 4
There are two parts to the freedom of religion.

Can I Write about My Religious Beliefs
First, everyone has the right to the free exercise of religion: that is, in My English Paper?
the right to practice your own religion, or no religion at all, without
interference from the government. If it is relevant to the subject and meets the requirements of
the assignment, you have the right to express your religious
Second, the government may not establish religion: that is, the gov- views during class discussion, as part of a written assign-
ernment may not endorse, sponsor, or require participation in any ment, or as part of an art project. Your teacher cannot grade
particular religion or religious activities. you on your religious beliefs, but can grade your perfor-
mance on scholastic content, such as spelling, grammar, and
Public schools must maintain their religious neutrality so that all stu- the degree to which you meet the assignment’s objectives.
dents of any religion, or no religion, can enjoy freedom of belief.
B. Government Establishment of Religion to express their religious beliefs. The school may include disclaimers
The second part of your freedom of religion comes from the “Estab- to clarify that the speech is the student’s alone, and not the school’s.
lishment Clause” of the First Amendment, which prohibits the gov- Any disclaimers should be neutral and should not criticize particular
ernment from establishing any religion. That means that the govern- viewpoints.
ment cannot pass laws that are motivated by a religious purpose, or
laws that promote religion. And it cannot become too entangled in 2. Holiday Celebrations and Displays
religion. Our state constitution goes even farther – it prohibits any Schools can celebrate holidays by putting up decorations and dis-
public funds from being spent to support religion. plays, but they must be careful not to promote any one religion in
particular. Some, but not all, holiday symbols have religious mean-
The general rule for schools is that they may not sponsor, facilitate, ing. If a display is mostly non religious with some religious items, it
promote or participate in religious activity or religious beliefs. is probably okay. But if the overall message is religious, it would be
unconstitutional. For example, a nativity scene or a Menorah by itself
For example, you can be excused from class to participate in religious would not be permitted, but a display including several items, like a
activities, but teachers should not encourage students to do so. Schools Christmas tree, a Menorah and snowflakes would be okay.
can teach about religion. They can include readings from religious
texts, as long as these are presented objectively as part of a secular
(non religious) program, such as in history, world studies or literature
classes. But schools may not teach that one religion is better than any Religious Song and Drama
other religion or no religion.
Including a few religious songs in a school concert among
1. Prayer in School, at Graduation and at the Game mostly non religious songs would likely be okay. On the
other hand, practicing all winter for a Christmas concert
School officials may not lead their classes in prayer and may not try to
with primarily religious songs would not. Similarly, schools
persuade students to participate in prayer or other religious activities.
might include plays about religion in a drama class, but put-
It does not matter whether the prayers are supposedly “nondenomi-
ting on a religious play would probably not be permitted.
national,” because no single prayer will ever capture the wide range of
religious beliefs that people are entitled to hold. Your school cannot
invite a member of the clergy or a student to deliver a prayer at a
graduation ceremony, football game or other school event. Also, if the 3. Evolution and Creationism
school’s purpose is to encourage prayer, it may not do so by requiring Schools cannot design curriculum to promote one set of religious
a “moment of silence.” views over others. In science class, that means that states cannot
forbid schools from teaching evolution. They cannot require schools
However, if the school allows student expression on the basis of genu- to teach creationism or “intelligent design” because these are religious
inely neutral criteria and students have primary control over the con- concepts about the origins of life on earth. Similarly, states cannot
tent of their expression, students individually may choose to express require schools to “balance” the teaching of evolution with creationism.
religious beliefs. For example, if all students are given space to express States also cannot require schools to put a “disclaimer” on a biology
themselves under their yearbook photos, then students can choose textbook that advocates creationism as an alternative to evolution.
EQUAL PROTECTION:
STUDENT CLUBS FREEDOM FROM DISCRIMINATION
If your school allows even one non- . . . No state shall . . . deny to any person within its jurisdic-
curriculum-related student group The Equal tion the equal protection of the laws.
to use school facilities during non Access Act U.S. Constitution,
instructional time, it must give equal Amend. XIV,Section 1
access to all student groups, regard- A federal law called the
less of the focus of the group. Equal Access Act guar- It is the paramount duty of the state to make ample provision
antees student clubs for the education of all children residing within its borders,
Non-curriculum-related student “equal access” to school without distinction or preference on account of race, color,
groups are any groups that are not facilities. Courts have caste, or sex.
directly linked to classes offered by said that includes equal Washington State Constitution,
the school. Non instructional time access to benefits like Article IX, Section 1
includes time before and after class, space on school bul-
and during lunchtime. So if your letin boards, a yearbook All students have the right to equal protection. That means you have
school allows a chess club, cooking picture, and access to the right to be free from discrimination at school. In our state, no
club or a Future Farmers of America school announcements, student may be denied an equal educational opportunity – or dis-
club, it must also allow a gay/straight whenever those ben- criminated against – because of:
alliance club, a Bible study club or an efits are given to other
ACLU student club to meet on cam- non-curriculum-related
9 race 9 sexual 9 previous
pus. The school cannot leave it up to clubs.
9 national origin orientation incarceration
a student vote on whether a club can
9 pregnancy or
meet on campus. 9 religion
9 marital status 9 a physical,
9 economic
To protect everyone’s free- mental, or
status 9 previous arrest
dom of religion, schools sensory
9 sex handicap.
cannot sponsor or par-
ticipate in religious activi-
ties of student clubs. If a Unfortunately, discrimination might still occur at your school, and
student club has a prayer it can come in a variety of forms. It might come up in the context
meeting or engages in of assigning students to academic opportunities, extracurricular
other religious activity at activities or special school programs. It might also appear in the way
school, school employees you are treated by other students or teachers, or in the way you are
cannot participate. disciplined.
It takes courage to speak up for your rights, particularly when you Before schools can take steps to stop it, though, they have to know
feel like you are being discriminated against. If you feel like it is hap- about it. When a school receives a complaint of harassment, it is
pening to you, keep a diary of what is happening and report it to a required to look into it and take steps to protect you from further
teacher, counselor or principal. If harassment. Remember to look at your school’s policy and follow the
the problem is not resolved, call the process for raising a complaint. Keep careful notes about what hap-
ACLU to see if we can help. Title IX and Title VI pened, when it happened, who was involved, and when you reported
it.
A. Harassment Two of the federal laws
Harassment on the basis of gen- that prohibit discrimina- If you have reported harassment either by a teacher or another stu-
der, sexual orientation, race, color, tion are “Title IX,” which dent and the school has done nothing, call the ACLU to see if we can
national origin, disability or religion prohibits sex discrimina- help you.
is a kind of discrimination. It is pro- tion, and “Title VI,” which
hibited by federal and state laws. prohibits discrimination Harassment and Free Speech: The
on the basis of race, definition of harassment is not always Find out How to
Harassment can come in many color or national origin. clear. If a school’s anti-harassment Report Harassment
forms, including: These laws prohibit dis- rule is too broad, it can infringe on
crimination in any edu- your right to free speech. School Every school is required
9 assaults or unwanted touching cational program that policies should not keep you from to have a written proce-
receives money from expressing your religious, philosophi- dure for responding to
9 theft or vandalism
the federal government. cal or political views even if they harassment complaints.
9 threats of bodily injury might be considered “offensive” There should be informa-
Since public schools get
9 unwanted sexual advances money from the federal by some students. But schools can tion posted in your school
9 derogatory comments, slurs, government, they must prohibit harassment when students and also printed in your
or gestures obey Title IX and Title VI. intentionally intimidate or demean handbook about how you
They must protect stu- others, even if that harassment occurs can report harassment.
The details of harassing conduct will dents from harassment partly through speech. For more on If you cannot find it, ask
be different in every case. Harass- or other discrimination this topic, see our brochure, Prevent- a teacher or your prin-
ment is illegal when it is so severe, based on sex, race, color ing Harassment, Protecting Speech, cipal to give you a copy
persistent or pervasive that it creates or national origin. available on our Web site at: www. and explain the process
an intimidating or hostile school aclu-wa.org. to you.
environment and interferes with
your education. B. Lesbian, Gay, Bisexual,
Transgender and Questioning Students
WHETHER IT IS FROM A TEACHER OR FROM A FELLOW Lesbian, gay, bisexual, transgender and questioning students have
STUDENT, SCHOOLS CANNOT TURN A BLIND EYE TO the right to be treated equally at school and to be protected from
HARASSMENT. discrimination. Schools have an obligation to adopt rules against
anti-gay harassment, just as with any other kind of harassment. The impose different punishments on students depending on relevant fac-
school cannot ignore it if you are being harassed on the basis of your tors, such as what you did, whether it was intentional, how serious it
sexual orientation or what someone thinks it is. was, and whether or not you have been in trouble in the past.
It is your choice to be out, or not. If you are not out to your parents Courts give schools a lot of leeway in deciding whether one student’s
or others, the school should respect your right to privacy and not misconduct is more severe than another’s, so discrimination can be
disclose your sexual orientation without your permission. If you have hard to prove. Still, if you feel like it is happening to you, keep track
confided in a counselor or teacher and do not want them to tell your of what is happening. Talk to a parent or another trusted adult about
parents or other students, let them know that the information is pri- how to raise the issue, and call the ACLU to see if we can help you.
vate. They should respect your decision to keep it private.
Sometimes you will find patterns, where a school’s discipline has a
If you are out and want to be, you harsher or “disparate” impact on a particular group of students. Pat-
can be! You have the same right terns of disparate impact can be identified by looking at a school’s
to freedom of expression as other Get Busy. Get discipline data. Anyone – including you – can ask for public records
students. Schools may not restrict Equal. from a school, including general discipline data that does not include
expression of your ideas and beliefs students’ names or addresses. If disparities are found, schools can try
about sexual orientation and gender You can find more infor- to eliminate them by:
identity more than any other stu- mation about your rights,
dent speech at school. You can talk and read success stories 9 reviewing their discipline codes to be sure they are clear and
to other students about your sexual about other students who fair
orientation and gender identity, and stood up for their rights
at the “Schools” section 9 providing training to teachers and other school staff on how to
you have the right to form a club on
of the ACLU LGBT Proj- impose discipline fairly and consistently
an equal basis with other clubs. (See
the section on Student Clubs for ect’s Get Busy Get Equal 9 clarifying the school’s rules and expectations for all students
more information). Campaign Web site:
www.aclu.org/getequal. For more information about school discipline, and suggestions for
Also, if your school allows couples at responding if you feel you are being discriminated against, see our
the prom or other school functions, it should allow same-sex couples. Parents’ Guide to Public School Discipline in Washington, available
If you are a transgender student, you should be able to wear what you in the Student/Youth Rights section of our Web site: www.aclu-
wish, so long as it does not cause substantial or material disruption in wa.org, click on Publications.
the school.
D. Gender Discrimination in Athletics
C. Discrimination and Disparities in Discipline All students have the right to equal opportunity and treatment in
Schools are not allowed to discipline you more harshly or more school athletic programs. Sports programs remain one of the few
often than other students just because of your race, sex, national areas in which schools may operate separate programs for boys and
origin, religion or other legally protected characteristic. Schools can girls. If a school chooses to maintain separate athletic programs,
federal and state law requires the school to ensure that boys and girls
have an equal opportunity to participate. If your school does not
provide the same number of opportunities or roster spots, propor- SEXUAL HEALTH AND EDUCATION
tionate to the number of boys and girls enrolled at the school, it may
be unfair and possibly discriminatory.
All people in our state – including young people – have a right to
privacy for personal reproductive decisions. Every person has the
A school that offers separate athletic teams for male and female
right to choose or refuse birth control. Every woman has the right to
students must also ensure that both boys and girls receive “equitable
choose or refuse to have an abortion. In Washington state, even as a
treatment.” This means that all student athletes should have the fol-
minor, you are the one with the right to consent to family planning
lowing comparable benefits regardless of their gender:
(e.g., birth control) or abortion.
9 locker rooms 9 transportation
9 practice and competitive 9 coaching and academic You are also the one who can authorize the release of information
facilities tutoring relating to birth control or abortion, not your parent or guardian.
That means the school cannot release information about birth control
9 publicity 9 scheduling of games and
or abortion to your parent or guardian or others without your written
9 equipment and supplies practice times
authorization.
(i.e., uniforms)
Pregnant students have the same right to an education as other stu-
dents. Schools are not allowed to discriminate against pregnant
If you believe you or your team is not being treated the same as
students by limiting their activities when no health concern is
another team of the opposite sex, you may have a discrimination
involved. For example, a school cannot require pregnant students
complaint. Speak with others on your team to see if they feel the
to provide doctors’ notes to participate in activities unless the same
same way. As in any situation, there is strength in numbers.
policy applies to all students. School districts can establish special
schools or special programs for pregnant students, but they must be
Every school is required to have a written procedure for responding to voluntary. If you are pregnant, the school cannot require you to take a
discrimination complaints filed by student athletes. There should be leave of absence or attend an alternative school. If you do take a leave
information posted in your school and also printed in your handbook of absence, the school must allow you to start back up where you left
about how you can report discrimination. If you cannot find it, ask a off. You should be able to remain in school while you are parenting
teacher or principal to give you a copy and explain the process to you. a child. Ask your school to help you devise an educational plan that
will work for you if you need extra help to catch up or more flexibility
If you have reported discrimination in an athletic program and the
in your schedule.
school has done nothing, call the ACLU to see if we can help you.
If you are living with HIV or AIDS, you have the right to go to
school and the right to privacy in your medical information. Stu-
dents living with HIV or AIDS should not be barred from school or
extracurricular activities. Because HIV/AIDS cannot be easily trans-
mitted during the types of incidental contact that take place at school, All schools must provide medically accurate instruction about AIDS
you should not be required to disclose your HIV/AIDS status to the prevention. You should receive education about AIDS prevention at
school. least once a year, starting no later than the fifth grade. The content
of the course must be medically accurate. Your parent or guardian
Schools must take special care to protect the privacy of students’ HIV can opt you out of the AIDS prevention education if they attend a
or AIDS status and related medical records: presentation about what the course will include and what materials
will be used.
9 School officials may not disclose your HIV or AIDS
status to others without specific written consent. Each school district can decide whether or not it wants to teach
9 The school may not disclose the identity of any student general sex education in its schools. If a school chooses to teach
who has asked about or requested testing or treatment sex education, then classes must be medically accurate. They must
for a sexually transmitted disease, including HIV or include information about both contraceptives and abstinence. And,
AIDS. they must not be taught from a religious viewpoint. If your district
does teach sex education, your parent or guardian can opt you out by
9 The school may not release HIV test results without filing a written request.
a signed release. A general written consent to release
medical information is not enough to allow release of
HIV records.
9 If you are 14 years old or older, you are the one with the
authority to give consent to release your records relat-
ing to HIV or other sexually transmitted diseases. The
school may not disclose those records to your parents or
others without your written consent.
Remind the School of Your Right to Privacy
If you decide to disclose information about your medi-

cal status to the school, it is a good idea to tell the school
personnel that the information cannot be disclosed to others
without your specific written consent. Making a specific
request to keep the information private may help prevent
the school from unintentionally sharing the information.
also can be “frisked” for

SCHOOL SEARCHES a dangerous weapon, but Keep a “Bust Card”
AND POLICE IN SCHOOLS only if the officer reason- in Your Pocket
ably believes that he or
she is in danger. A frisk is For a wallet-sized guide
The right of the people to be secure in their persons, houses,
a pat-down of the outer on what to do if you are
papers, and effects, against unreasonable searches and
surface of your clothing. stopped by the police, call
seizures, shall not be violated . . .
• Arrest: The police can the ACLU and ask for cop-
U.S. Constitution, ies of our “Bust Card,” or
search you without a war-
Amend. IV look for the printable ver-
rant if you are arrested.
No person shall be disturbed in his private affairs, or his sion called What to Do if
• Automobiles: In certain
home invaded, without authority of law. You Are Stopped By Police,
cases, your car can also be
a publication available in
Washington State Constitution, searched without a warrant.
the Resource section of
Article I, Section 7 • Consent: Police officers our website at: www.aclu-
can also search you with- wa.org.
Your privacy is protected by the Washington State Constitution and out probable cause or a
by the Fourth Amendment of the U.S. Constitution, which prohibits warrant if you voluntarily
“unreasonable searches and seizures.” The law on searches can be consent to a search. You are never required to consent to a search.
complicated for young people. Your rights are different depending on You generally should not consent, but you may be searched
whether you are in school or out, and whether the police or a school anyway. You should make clear that you do not consent, but
official wants to search you. you should not physically resist the officer.
Outside of School: Generally, for youth or adults, police officers

must have a search warrant based on probable cause before they can
search you or your possessions.
What Is a “Warrant” Based On “Probable Cause?”
There are some exceptions to the general requirement of a warrant A warrant is written permission issued by a judge for police
and probable cause that apply to everyone. For example, you might to search a person or location for evidence of a crime.
be searched without a warrant in the following cases: Generally, warrants must be obtained by police before they
• Reasonable Suspicion: A police officer can stop you and ask conduct a search, and police can only obtain them if they
questions if the officer has a “reasonable suspicion” that you show the judge that they have “probable cause.”
are breaking the law. Reasonable suspicion is less than probable Probable cause means that the police have enough facts to
cause, but it still requires some facts, and not a hunch, rumor support a reasonable belief that they will find some evidence
or curiosity. If the officer asks you questions, you have the right of a crime if they search you or your belongings.
to refuse to answer. You should politely assert this right. You
A. School Searches Individualized Suspicion: If the teacher or the principal has a reason-
Different rules apply when you are at school, and the rules are differ- able suspicion that someone has drugs or alcohol, that does not mean
ent depending on who is doing the searching – school officials or law they can search everyone. They must have “individualized suspicion.”
enforcement. That means school officials must
have a reasonable suspicion that
Reasonable Suspicion: In a search of a particular student No Strip Searches
a case called New Jersey v. might uncover evidence of a Allowed!
T.L.O, the U.S. Supreme violation of a school rule. For
Washington state law pro-
Court said that school officials example, if a school official has
hibits strip searches in
may search a student or a information that some students
schools under any circum-
student’s property without a are using drugs or drinking alco-
stances. A strip search
warrant and without probable hol, it would not justify a search
includes any search requir-
cause. The Court believed of all students in a class or at a
ing you to rearrange your
that schools needed more flex- game.
clothing to expose your
ibility in maintaining order undergarments.
at school. Students are still protected from “unreasonable searches” at School Lockers: School lock-
school. But the Court said that a search by a school official is reason- ers are an exception even to
able so long as the school official has reasonable suspicion that the the lower standard of constitu-
search might uncover evidence that you violated a school rule. tional protection from unreasonable searches that applies in schools
generally. Washington state law says that school lockers are school
Reasonable suspicion might be based on a school official overhear- property that can be searched at any time, with or without reason-
ing, seeing or smelling something first-hand, or a tip from a reliable able suspicion. But the right to search your locker does not extend to
source. The school officials must also be reasonable in the way they closed bags or purses inside your locker. Those may only be searched
search you, based on your age and what they are searching for. Just if a school official has a reasonable suspicion that the search might
like with the police, if you voluntarily consent to a search, the school uncover evidence that you violated a school rule.
does not need even reasonable suspicion to justify the search. Remem-
ber, you never have to consent to a search. Police Searches at School: If law enforcement officers want to con-
duct a search at school, they generally must follow the same restric-
tions that apply outside of school – which usually means getting a
warrant.
CAUTION !
Anything found by school administrators in a lawful search
can be turned over to the police and may be used against
you in a criminal proceeding or a school discipline proceeding.
ing approved by the U.S.

What about School Resource Officers? Supreme Court would be
prohibited by our state
Learn More about
It has become increasingly common to have police offi-
constitution. Because states
Student Drug Testing
cers working full- or part-time in schools, often as “School
are free to give their citizens
and Drug Sniffing Dogs
Resource Officers.” Whether an officer’s title is “School
greater protection, students The ACLU of Washington has
Resource Officer” or “Police Officer,” law enforcement offi-
in Washington could be helped students stand up for
cers serve a different function than school administrators.
protected from suspicionless their right not to be searched
If a law enforcement officer, including a School Resource drug testing. without any reasonable suspicion
Officer, wants to search you or your belongings, you can ask at school. You can read about
if they have a warrant. You can always tell them that you do Dog Sniffs: Some schools those cases and find both practi-
not consent to the search. Remember to do so politely but have turned to dogs to try to cal and legal reasons why sus-
firmly, and never physically resist an officer. sniff out drugs and weap- picionless drug testing and drug
ons. Like the law on drug sniffing dogs do not make sense
testing, the law on dog sniffs at school. Look in the Student/
is not yet clear. Some courts Youth Rights section of our Web
If you have questions about whether you have been improperly have said that dog sniffs of site: www.aclu-wa.org.
searched at school, you can call the ACLU to see if we can help. lockers, classrooms, stu-
dents’ bags or other things
B. Drug Tests and Dog Sniffs are okay, even without any particular suspicion. But courts have said
Generally, the Fourth Amendment protects people from “suspicion- suspicionless dog sniffs of students are not allowed. Students in Wash-
less searches.” A suspicionless search is one conducted without any ington might be protected from dog sniffs conducted without any
reason to suspect evidence of a crime. Doing drug testing of all stu- reasonable suspicion, and are almost certainly protected from dogs
dents, or all athletes, would mean conducting suspicionless searches. sniffing the students.
But, in 2002, in a case called Board of Education of Pottawatomie
County v. Earls, the U.S. Supreme Court said it was okay for schools C. Police Interrogation
to require all students in voluntary extracurricular activities to submit
to drug-testing. No person . . . shall be compelled in any criminal case to be
a witness against himself . . .
Still, the Washington State Constitution may prohibit suspicionless U.S. Constitution,
drug tests in Washington public schools. The Washington Supreme Amend. V.
Court has said that a school violated students’ rights by requiring all
students to consent to have their bags searched for alcohol in order to No person shall be compelled in any criminal case to give
go on a school trip. Because that search was done without individu- evidence against himself . . .
alized suspicion, it violated our state constitution. The Washington Washington State Constitution,
Supreme Court has not yet decided whether the kind of drug test- Article I, Section 9
1. Your Rights off School Grounds If an officer begins question-

You have the right to remain silent when you are questioned by the ing you, you can ask if you What if I ask to
police. are free to leave. If the officer call my parents
says yes, you should take and the officer says no?
The Fifth Amendment of the U.S. Constitution protects the right the opportunity to go to a
private place to contact a First, remember that you
against self incrimination. That means that you cannot be required by
parent or lawyer before con- always have the right to
the government at any time to make statements that might implicate
tinuing to talk to the officer. remain silent. A police officer
you in any crime. It means that you cannot be coerced into a confes-
If the officer says no, you might refuse to let you call your
sion by police, and you cannot be forced to testify against yourself in
should not answer any more parents. That does not mean
any criminal proceeding.
questions without speaking you have to talk to the officer. If
to a lawyer. Remember, you want to talk to your parent,
In the famous case of Miranda v. Arizona, the U.S. Supreme Court
police “questioning” is not a lawyer or other trusted adult
said that in order to protect that right, before a police officer can
always done through direct before you talk to a police offi-
interrogate you when you are in police custody, the officer must read
questions. It can include cer, you can. Tell the officer you
you your “Miranda rights”:
anything that is designed to want to talk to your parent or
prompt you to make com- a lawyer first, and that you are
• You have the right to
ments or statements about invoking your right to remain
remain silent
Can Students Give up the incident. silent. If the officer continues to
• Anything you say can Their Right to Remain ask you questions, ask to talk
be used against you in Silent on Their Own? You should not give an with a lawyer. You can say that
a court of law officer any explanations, you have been advised not to
• You have the right to It depends. Children under age answer questions without your
excuses or stories. You can
an attorney 12 are legally unable to waive parent or lawyer present.
explain yourself later, if
some of their rights, includ-
• If you cannot afford necessary, based on what
ing their right to remain silent,
an attorney, one will you and your lawyer decide
unless a parent or guardian
be appointed for you is best. If you continue to speak, you may give up some very impor-
consents. Whether youth who
at no charge tant rights. To avoid trouble, you can give the officer your name and
are 12 or older have voluntarily
address, then tell the officer that you want to speak with a lawyer
waived their rights is deter-
If you are questioned by a right away and refuse to answer any further questions.
mined by the “totality of the
police officer, the most care- circumstances.” One of those
ful course of action is not to When you ask for a lawyer, you must be crystal clear: say, “I want
circumstances may be whether
say anything until you have to talk to a lawyer,” not “I might want to talk to a lawyer.” If you are
or not you had the chance to
talked to a lawyer. afraid to say no to an officer, you can tell the officer that you were
talk to a lawyer or your parent
told not to talk to the police without a parent or a lawyer present.
before waiving your rights.
If a police officer asks you to sign a written form giving up your 9 The principal or another school official should be present
rights, you do not have to sign it! 9 No interrogation should take place in front of other students
9 Your parent or guardian should be contacted as soon as pos-
2. Your Rights on School Grounds
sible, preferably before interrogation, and immediately if you
You have the right to remain are arrested.
silent when you are questioned Check out your
by the police. school’s policy Any interrogation of a student must also comply with the legal
on police in requirements of an interrogation of an adult. That is, once students
Generally, you should not have to schools! are in police custody, they must be told their Miranda rights.
worry about being questioned by
police at school. School is a place Your school should have a REMEMBER, YOU HAVE THE RIGHT TO REMAIN SILENT. IF
for learning, not law enforce- clear policy, so that school A POLICE OFFICER ASKS YOU TO SIGN A FORM GIVING UP
ment. So for the most part, officials will know what to YOUR RIGHTS, YOU DO NOT HAVE TO SIGN IT!
police work should take place off do when it is necessary for
school grounds. If you violate a a police officer to question Questioning by School Officials: If you are questioned by a school
school rule – even if it might also a student at school. Ask if official, rather than by police, the school official will probably not
be a minor criminal violation your school has a written inform you of your Miranda rights. They are not required to do so,
– the investigation and punish- policy and procedure on even if they intend to turn you over to the police.
ment can be handled by school relations with law enforce-
officials. School officials are not ment. If the policy does not
required to call the police for require a reasonable effort
every potential violation. to contact your parents, ask
your school to change it! CAUTION!
If the police need to question Many schools have adopted Statements made to a school official can be turned over to
you, and there is no emergency, policies requiring school the police. Those statements may be used against you in a
they should be able to do it out- principals to contact parents criminal proceeding or a school discipline proceeding.
side of school hours at a police before students of any age
precinct or other location, and are questioned by police. If a principal or other school administrator is asking you
at a time when you can have a No student should have to about a suspected school rule violation that could be a crime,
lawyer and/or a parent or guard- face the critical decision of you should ask them to call your parent or guardian first.
ian present. whether or not to give up Consider speaking to a lawyer before you make any state-
their constitutional rights ments about the incident. The principal might be annoyed
Sometimes it is necessary to call alone. If you want help by the delay, but you can explain that you would like to get
for police help at school when changing your school’s pol- your parent’s or another trusted adult’s advice about such an
emergencies arise. If questioning icy, you can call the ACLU. important matter.
by police does occur at school:
Directory information may include your:

9 name 9 participation 9 dates of
STUDENT RECORDS: PRIVACY AND ACCESS 9 address in activities attendance
and sports 9 grade level
9 telephone
Schools keep records of each student’s academic and personal prog- number 9 weight and 9 most recent
ress. The records may include academic grades, teacher evaluations, height of educational
9 e-mail address
disciplinary actions, attendance records, test scores and health records. members of institution
A federal law, the Family Educational Rights and Privacy Act, com- 9 photo athletic teams attended.
monly called “FERPA,” gives parents and adult or emancipated 9 birth date 9 honors
students access to student records. It also prevents the release of those 9 degrees and awards
records to most third parties without written consent. Washington received
state laws provide additional privacy protections for some student
health records. There is a higher standard of privacy for records relating to HIV sta-
tus or other sexually transmitted diseases, drug or alcohol treatment,
mental health treatment, and
Your school records are private, to a degree. Generally, the school must
family planning or abortion.
get written consent from your parent or you (if you are over 18 or Private
legally emancipated) before it can disclose your records to anyone. In You and your parents have
certain cases, schools can disclose your records without prior consent, the right to see most of your Some records may not be
including: student records. If you or your released – to your parents or
parents request access to your others – without your written
• to school officials who have “legitimate educational interests” records, the school must allow consent:
• to another school, if you transfer you to review them within five X Only you may authorize
school business days after it release of records con-
• in compliance with a court order, and
receives your request, unless it cerning birth control or
• financial records can be given to financial aid gives you a written explanation abortion
personnel for why it cannot. In no case
X If you are 13 or older, only
can the school delay beyond 45
you may authorize release
Certain identifying and contact information, often called “directory days after the request is made.
of drug, alcohol or mental
information,” has less protection and can be released without prior Certain records may be withheld,
health treatment records
written consent unless your parent requests in advance that it not be including notes from a teacher
given out. Your student handbook or school district’s policy should not shown to anyone except a X If you are 14 or older, only
tell you what information your school releases as directory informa- substitute teacher, records of you may authorize release
tion. Your school should also give you information about how you or students’ post-graduate activi- of records relating to HIV
your parent can opt out of having your directory information released ties, personnel records of school or other sexually trans-
without prior consent. employees, and the records of mitted diseases.
a school where a student

applied but never attended. Correcting Military Recruiters’ Access to Your Records
Adult or emancipated the Record
students may be denied A section of the federal law called the No Child Left Behind
access to psychiatric records, Act gives military recruiters access to the names, addresses
What if there is a mistake or
recommendation letters, and telephone numbers of high school students. Schools
misleading information in my
and parents’ financial must also give military recruiters the same access to school
records?
records. campus that they give to colleges or prospective employers.
You and your parents have the
The law requires schools to give the information to military
right to ask that the records be
Many school records are recruiters upon request unless you or your parents have
changed. You should put your
“public records,” and you opted out of having your information disclosed. The school
request in writing. If the school
have the right to see them must give your parents (or you if you are over 18) advance
disagrees with you, you have
if you ask for them. Wash- notice of the right to opt out and information about how
the right to request a hearing to
ington’s Public Records Act and when to do it. Schools should allow you to opt out of
show why you think they should
gives you the right to review supplying information to the military without requiring you
change the record. Even if you
the records of our state gov- to opt out of supplying the same information to colleges or
lose at the hearing, you have
ernment agencies, includ- job recruiters.
the right to include a statement
ing schools. If you want to
in the records explaining why If you have questions about military recruiters’ access to stu-
learn more about how your
you believe the information is dent information and school campuses, or about equal access
school or district works, you
wrong. The school is required for peace groups, see our brochure, Military Recruitment at
can ask to see its records.
to include your statement every High Schools, available in the Student/Youth Rights section
Public records include lesson
time it releases your records to of our Web site at: www.aclu-wa.org, click on Other.
plans, school board meeting
someone else.
minutes, and school data
on discipline, attendance or
academic achievement with students’ personally identifying informa-
tion taken out.
If you request public records, schools must respond to you within five
days, either by giving you what you have requested, by explaining why
they cannot, or by giving you a reasonable estimate of when they can
provide the documents. It is best to put your request in writing and to
explain that you are making a request for public records so that you
can be sure the school will respond as required. You can learn more
about how to request public records from our brochure, How to Get
Government Records, available on our Web site at: www.aclu-wa.org.
teachers per student. Each school must also provide instruction in the
“essential academic learning requirements,” covering several subjects,
THE RIGHT TO A FREE PUBLIC EDUCATION including: reading, math, social studies, writing, arts and science.
Schools can also provide alternative education programs, work skills
It is the paramount duty of the state to make ample provision and vocational education for students in grades 9-12. A basic educa-
for the education of all children residing within its borders, tion includes special education services for students with disabilities
without distinction or preference on account of race, color, and bilingual education for students learning English.
caste, or sex.
A. Who Can Enroll and What Are the Requirements
Article IX, Section 1 Children and youth between
the ages of 5 and 21 have
Every child in Washington state has the right to a free public educa- the right to attend a public Enrolling
tion. In fact, the Washington State Constitution says that providing school in the district where Homeless Students
an education is the “paramount duty” of the state. That means it is the they live. Each district is
most important duty of our state. responsible for deciding The documentation require-
which school students will ments are different for home-
The Washington Supreme Court said in 1978 that the constitution attend within that district. less students, including
guarantees children in our state a “basic education.” In that case, students who are living with
called Seattle School District No. 1 v. State of Washington, the court Schools can generally ask for friends or family due to loss of
said that the Legislature must define what a basic education is, and certain kinds of documenta- housing, or are awaiting foster
then fund it. At a minimum, the court said that the basic education tion before they enroll a new care placement. A federal
provided by the state must: student, like proof of age law requires schools to enroll
and residency. Schools can homeless students immedi-
also ask you to prove that you ately, even if the student does
9 prepare you to participate intelligently and effectively in our
have been immunized against not have the documents typi-
open political system
certain diseases. You can be cally required for enrollment.
9 prepare you to exercise your First Amendment freedoms both excused from the require-
as a source and receiver of information The school can help you gather
ment if a doctor signs a state- the necessary records – after
9 prepare you to be able to inquire, to study, to evaluate and to ment saying that it would be enrolling you! Every school is
gain maturity and understanding harmful to you, or if a parent required have a person work-
signs a statement that it goes ing as a liaison with homeless
It is up to the Legislature to provide more specific guidelines about against the parent’s religious, students and their families
what kind of education schools must provide. The Legislature has philosophical, or personal whom you can contact for addi-
said that each school must provide opportunities for every student beliefs. tional information about your
to develop essential knowledge and skills. Schools must provide a rights.
certain number of days of school per year, and a certain number of
All children living in the If you miss school without a valid excuse, the school is required to
U.S. – whether they are take a number of steps to help make sure you get to school regu-
U.S. citizens or not – have larly. The school is required to notify your parent or guardian of your
an equal right to a public absences. It is also required to work with you to figure out if there are
education. Schools can- problems at school or at home that are making it difficult to get to
not refuse you admission school. Then it must help try to resolve those problems.
based on your immigration
status. In fact, the school If you miss a certain number of days without an excuse – either five
cannot require you or or seven in a month or 10 in a year – you can be referred to juve-
your parents to provide a nile court or to a community truancy board. Once you have been
green card, social security referred to court, the court can enter an order directing you to go to
number or other proof of citizenship or immigration status in order school.
for you to go to school. If you do not have a social security number,
the school can assign you a number generated by the school. School Attendance Agreements and Court Orders: Often a school district
personnel have no legal obligation to enforce U.S. immigration laws. representative will ask you and your parent to agree to an order that
Schools should not do things that would discourage students or their will later be signed by the judge. You are not required to agree to an
parents from enrolling in schools, like asking for copies of documents order proposed by the school if you do not want to. You can require
to prove citizenship or asking questions about immigration or citizen- the school to present all of its evidence to the judge, giving you an
ship status. opportunity to respond. Or you can negotiate with the school to
make sure the terms of the order are fair and reasonable. You can ask
B. Compulsory Attendance: The Becca Bill
You have a constitutionally guaranteed right to an education. You
also have a legal obligation to go to school. A state law, called the
“Becca Bill,” requires you to go to school regularly if you are between CAUTION!
the ages of 8 and 18, and it requires your parents to make sure you
are going. There are just a few exceptions for students who are in If you violate a truancy court order, you can be sent to juve-
private school, are home-schooled, have a disability that prevents nile detention.
attendance, or are 16 and either have regular employment and their
If there is an order directing you to go to school (either one
parents’ permission, or have already met graduation requirements.
you agree to with the school district, or one issued directly
by a judge), and then you intentionally violate that order
If you are under 18 years old, and you are found outside of school
– for example, by missing more school – you can be “held in
during school hours without a valid excuse, you can be picked up by
contempt of court.” Before you can be held in contempt, you
any school district official or police officer and taken home or back to
have the right to have an attorney appointed for you. If you
school.
are found in contempt, you can face severe consequences,
including time in juvenile detention.
the school to agree to take steps to help solve school-related problems tical, schools must provide services that allow students with disabilities
and to write that agreement into the order, too. Be sure you do not to learn in the regular classroom alongside their peers.
sign an agreement that you will not be able live up to.
Students with disabilities have various additional rights relating to
school discipline, services and accommodations. If you are receiving
To learn more about your rights in the truancy process, read special education services, or if you feel that you need them because
our Parents’ Guide to Truancy in Washington, available of a disability, we encourage you to seek out additional information
in the Student/Youth section of our Web site at: www.aclu- about your rights. For more information about the rights of students
wa.org, click on Publications. with disabilities, see TeamChild’s Education Advocacy Manual, avail-
able at their Web site: http://teamchild.org/resources.html.
Home Schooling. Washington law gives your parents the option to D. Bilingual Education
teach you at home. The laws relating to home schooling are meant to Every student has the right to an equal educational opportunity,
be flexible, but there are some minimum requirements. For example, including students whose primary language is not English. Students
home schooling must cover all the basic skills taught in public school. who are still learning English have the right to transitional bilingual
The parent who teaches at home must be supervised by a person with instruction or an alternative program designed to help them learn
a teaching certificate, unless the parent has received some college edu- English. Generally, schools should provide transitional bilingual
cation, has taken a course in how to conduct home schooling, or has instruction, meaning instruction where concepts are introduced in
been deemed qualified by the local school superintendent. Your par- a student’s primary language and reinforced in English. Students are
ents must make sure that you either take a standardized achievement then tested in English. Whatever program the school provides, it
test or have a certified person provide a written assessment of your should make it possible for you to keep learning in other school sub-
academic progress each year. If you are not making reasonable prog- jects, like math, history and science, while you learn English.
ress, your parent is required to make a good faith effort to remedy any
deficiency. Decisions relating to philosophy or doctrine, selection of Communicating with Parents. Schools are also required to send let-
books, teaching materials and curriculum are left to your parent. ters and notices to your parents in their primary language whenever it
is practical. Your parents should get written notices in their primary
C. Special Education Services language, especially important notices relating to school discipline,
Students with mental, physical, or learning disabilities are entitled to school attendance and special education. Your parents should also be
a free and appropriate education. A federal law called the Individuals able to talk to your teacher or principal, with a translator if necessary.
with Disabilities in Education Act, the “IDEA,” requires schools to
provide special education and related services to students with dis-
abilities. Schools are required to try to make the school, as a whole,
accessible to all students, and must provide evaluations, free of charge,
to determine whether a child is eligible for special education services.
Schools must develop Individualized Education Plans for students
with disabilities, tailored to their particular needs. To the extent prac-
English as a Second Language SCHOOL DISCIPLINE AND

Is it okay if the only choice for English language learners is an GRIEVANCE PROCEDURES
“English as a Second Language” (“ESL”) class?
No state shall . . . deprive any person of life, liberty, or prop-
It depends. Schools should provide transitional bilingual
erty, without due process of law.
programs with teachers that teach in both English and the
students’ primary language, like Spanish, Vietnamese or U.S. Constitution,
Somali. Schools in Washington can teach students English Amend. XIV, Section 1
through an alternative program, like ESL, only if they meet
one or more of the following conditions: No person shall be deprived of life, liberty, or property, with-
out due process of law.
XThe district cannot get the necessary bilingual instruc-
tional materials
Article I, Section 3
XThe district’s bilingual instruction program is temporarily
full because of an unexpected increase in the number of When you go to school, you have the obligation to obey your school’s
eligible students written rules. But there are some limits on what kinds of conduct the
XEnglish language learners are too spread out through school can ban. School rules must be reasonable and have a logical
grade levels or schools or relationship to the school’s legitimate interests. They must also respect
XThe district cannot get enough teachers trained in bilin- your fundamental rights, including your rights to free speech and
gual education and sufficiently skilled in the students’ freedom of religion.
primary language
Before the school can kick you out or discipline you for violating
its rules, you have the right to “due process,” or fair procedures.
That means, except in emergencies, before a school can exclude you
If you or your parents have questions about whether you can get from class, or suspend or expel you from school, you have a right to
information in your primary language, call the school or talk to one know what you are accused of doing and what rule you are accused of
of your teachers. Ask what is available in your language. If you are breaking. You also have the right to an opportunity to tell your side
having trouble getting translations or interpreters for school meetings, of the story. When the sanctions are more severe, such as long-term
call the ACLU to see if we can help. suspensions or expulsions, you have a right to a more formal hearing
process where you can present your case and challenge the sanction
the school wants to impose.
56 Know Your Rights: A Guide for Public School Students in Washington
Learn More
For detailed information about your rights relating to

school discipline and the processes you can use to challenge
disciplinary sanctions, please see our Parents’ Guide to
Public School Discipline in Washington, available in the
Student/Youth Rights section of our Web site: www.aclu-
wa.org.
Remember, the deadlines for requesting a hearing and
preserving your right to challenge certain disciplinary
sanctions are short – just three days for long-term
suspensions and expulsions, and 10 days for emergency
expulsions – so be aware of deadlines!
Portions adapted from:
Students’ Rights Guide, ACLU of Northern California,
Know Your Rights Manual, ACLU of Pennsylvania, and
Know Your Rights: A Handbook for Public School Students in
---- Florida, ACLU of Florida
When you know your rights, you can speak up when they are being
violated.
If you have questions about your rights at school, or want help in

protecting your rights, call the ACLU to see if we can help.
It is never too soon to stand up for your rights!

The American Civil Liberties Union of Washington Foundation is the legal,
research, and educational arm of the American Civil Liberties Union of
Washington, a nonprofit, nonpartisan membership organization devoted to
protecting and extending the civil liberties of all people in Washington.
AMERICAN CIVIL LIBERTIES UNION OF WA SHINGTON FOUNDATION

705 2ND AVENUE, 3RD FL., SE AT TLE, WA 98104
W W W.ACLU–WA.ORG
6/2007

Know Your Rights: A Guide For Public School Students in Washington

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KNOW YOUR RIGHTS

This guide provides general information on students’ rights in Wash-

For more information on related issues, see the ACLU of Washington

Cover design graciously donated by:

Published June 2007

A project of the American Civil Liberties Union of Washington

VIII. School Searches and Police in Schools ………….. 34

IV. Freedom of Religion ……………………………… 20

V. Student Clubs ……………………………………... 24

VI. Equal Protection: Freedom from Discrimination … 25

VII. Sexual Health and Education ……………………. 31

changing, so sometimes school policies are outdated. They may not

Fourth: Figure out You can build awareness and

be considered a disruption. But their own personal style. But

A. Free Exercise of Religion

There are two parts to the freedom of religion.

Remind the School of Your Right to Privacy

If you decide to disclose information about your medi-

also can be “frisked” for

Outside of School: Generally, for youth or adults, police oﬃcers

ing approved by the U.S.

1. Your Rights off School Grounds If an oﬃcer begins question-

Directory information may include your:

a school where a student

English as a Second Language SCHOOL DISCIPLINE AND

For detailed information about your rights relating to

If you have questions about your rights at school, or want help in

It is never too soon to stand up for your rights!

AMERICAN CIVIL LIBERTIES UNION OF WA SHINGTON FOUNDATION

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