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 Unions 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
Third edition. 2006
Edited by
Amy Laura Cahn, ACLU of Pennsylvania Community Organizer
Mary Catherine Roper, ACLU of Pennsylvania Staff Attorney
Vic Walczak, ACLU of Pennsylvania Legal Director
Design and layout by Jonathan Fobear.
Adapted from the original Know Your Rights Manual (1998) by Burton Caine
Know Your Rights was produced, in part, by a grant from the National American
Civil Liberties Union Foundation.

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Contents

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5 Do
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5and Harassment
5 447
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40
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550
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Discipline
of Students with Disabilities
60

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 youre punished, and protection
against discrimination. Unfortunately, many
students dont 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 dont use them. Think about it: If
students arent educated about and dont 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. Lets 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

It should be your last resort. Contact a private lawyer,

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 rightsget a copy of your

schools 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 sourcesthe 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
Dont wait until your rights are violated to speak up.
Build relationships with school officials now to discuss
student rights.

Know your facts

The U.S. Constitution

& Bill of Rights

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 sides 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, arent 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, youll
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
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.

The Pennsylvania Constitution

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

Making your way through the system of
administration can be frustrating and ineffective. Find
alliesother 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.

Pennsylvania Code

This code regulates all of the states 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 schools discipline
policies and a list of students 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 schools 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 hasnt 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 doesnt charge).

In the Courts:
Sometimes, students who feel their rights have been
violated take their case to court. The situation may be

Introduction
resolved in a local, state, or federal court or it may go 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.
Weve included many important court decisions that have
affected students rights.

Student Complaint

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,
youll learn what the ACLUs position is on
censorship, metal detectors, uniforms and
more. Just keep in mind that the ACLUs 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
peoples 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
lawabridging the freedom of
speech. It also stops the government
from promoting or endorsing religion
and guarantees your right to freely
practice your religion.

Philadelphia Office PO Box 40008

Philadelphia, PA 19106
215-592-1513
info@aclupa.org

The Fourth Amendment guarantees

the right of people to be secure in
their persons, houses, papers, and
effects, against unreasonable searches and seizures.

Pittsburgh Office 313 Atwood Street

Pittsburgh, PA 15213
412-681-7736
info@aclupgh.org

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
hbginfo@aclupa.org
5

Freedom of Expression

Freedom of

Expression
Constitution E

xpression is how you choose to

show the world who you are and
what you believe in.

IN THE

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 governments
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 WASNT
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?
Youre right. In 2003, high school senior Bretton
6

Freedom of Expression
Barber was suspended from his school for wearing a
t-shirt calling George W. Bush an International
Terrorist. With the ACLUs help, he challenged the suspension and won. Bretton wasnt interfering with the
daily school activities by wearing a t-shirt, so the
school couldnt discipline him for expressing his opinion or political viewpoint.

TINKER V. DES MOINES INDEPENDENT

COMMUNITY SCHOOL DISTRICT (1969)
Thirteen-year-old Mary Beth Tinker
and four other students in Des Moines
protested the Vietnam War by wearing
black armbands to school. The 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 youll 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 DONT 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 cant 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
Contains profanity (swear words) or is vulgar.

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 didnt like.

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 PRINCIPALS OFFICE

JUST FOR MAKING A SPEECH. WE WERE
IN THE MIDDLE OF ALGEBRA, AND I
STOOD UP TO TELL MY CLASS HOW I
THINK ITS UNFAIR THAT THE HEALTH
TEACHER GOT FIRED. I KNOW IT WASNT
RELATED TO CLASS, BUT DONT 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
from using lewd, profane or offensive language at school
assemblies and elsewhere around the school, too.

Students do have the right to express their opin7

Freedom of Expression
ions but this does not mean that they have a right to
speak out in the middle of class on an unrelated topic.

P E N N S Y L V A N I A

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 ownThe 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 WONT LET OUR PROCHOICE TEENS 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 DOESNT 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 newsSchool 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 isnt 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?
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 cant allow some
expression and forbid other expression, like prayers at
least not for after-hour student clubs.

ular club, then the school has to allow gay-themed clubs.

School-Sponsored
Newspapers

CAN

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. Thats why students have to keep
pushing to make sure their rights are protected.

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 cant participate, and people from outside the
school cant lead or regularly attend the meetings.

WROTE AN ESSAY ABOUT TEEN SEX

AND PREGNANCY. BUT THE TEACHER IN
CHARGE OF THE SCHOOL PAPER WOULDNT 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! DOESNT 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

Yes. If there is a Bible club or any other non-curric8

Freedom of Expression
limit what students say in official school publications or
activitieslike the newspaper, yearbook, or the school
playif they think its inappropriate or harmful.
They can also remove or edit articles they think are
obscene or too disruptive. School officials, however,
arent allowed to censor a school newspaper just
because it criticizes the school or school officials. And
students are free to report the newsjust likecontributors to other newspapers.

DEPARTMENT BEFORE THEY CAN GO IN

OUR NEWSPAPER. SOMETIMES SHE GIVES
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 COULDNT 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
DIDNT WANT US TO PUBLISH IT, BUT
SHOULDNT 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 its 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 shouldnt be published. The law in this area is complex, so if you
have experienced censorship with an official school
paper and arent satisfied with the schools explanation
you will likely need to get more legal advice.

Yes, he shouldve told you sooner. While schools

have some control over school publications, they also
have to exercise that control in a way that isnt 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 hasnt
decided, then consider your article approved.

AT OUR SCHOOL PAPER, WE SUBMIT OUR

ARTICLES TO THE HEAD OF THE ENGLISH

CAN

ANY STUDENT TRY TO GET PUBLISHED IN THE SCHOOL NEWSPAPER?

Yes. Students who arent 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.

HAZELWOOD SCHOOL DISTRICT V.

KUHLMEIER (1988)

Zines, Underground
Newspapers & StudentDistributed Literature

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
DOESNT OWN IT, SO THEY CANT 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 cant ban your underground
newspaper or pamphlet just because they dont like
what you say in it. They also cant 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 youre allowed
9

Freedom of Expression
to hand out your newspaper at school.
Remember, this only applies to underground newspapers handed out at school. Your school shouldnt 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 schools 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 shouldnt 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 shouldnt 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 doesnt 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 cant ban ideas just because they dont like them.
Therefore, an article or information about teen sexuality that could be banned in an official publication probably cant be censored if you print it privately.
If you or other students are censored, its your
right to voice your opinion. You cannot be disciplined
for exercising your legal rights.

thingespecially something for which you might be

harassed. Thats why, outside of the school, the right to
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, WERE NOT ALLOWED

TO USE THE ONE IN THE OFFICE, BUT WE

OUR UNDERGROUND NEWSPAPER IS

GOING TO INCLUDE AN EDITORIAL CRITICIZING THE SCHOOL BOARDS 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 DONT WANT PEOPLE TO
KNOW WHO WROTE THE ARTICLE. AT THE
SAME TIME, WE THINK IT IS AN IMPORTANT IDEA AND WE DONT WANT TO CENSOR OURSELVES. DO WE HAVE TO PUT
OUR NAMES ON THE NEWSPAPER?

Can they really

censor me?

Unfortunately, theres 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 some10

Freedom of Expression

FLAHERTY V. KEYSTONE OAKS SCHOOL

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 talking,
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 Jacks 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 didnt 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 Anthonys return to school.

CAN USE THE ONES IN THE CAFETERIA

AND THE MAIN HALLWAY.

WHAT THE
ACLU THINKS:

Thats 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.

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 cant tell you not to use the bulletin board
just because they dont like what you say. But your
school can tell you to take down flyers that use lewd
or vulgar speech.

Since the Internet is relatively new, a lot of questions

about it havent been completely answered yet. So we
cant give you THE answer to your question, but we are
starting to see some borders of students rights on the
Internet. Remember, schools cant 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
The First Amendment also protects the free speech
rights of Internet users, including public school students.

DOES THAT MEAN THAT SCHOOLS CAN

NEVER REGULATE OFF-CAMPUS, PERSONAL STUDENT WEB SITES?

CAN

STUDENTS BE PUNISHED FOR A

PERSONAL HOMEPAGE WRITTEN FROM
HOME, IF IT TALKS ABOUT A FACULTY OR
STAFF MEMBER?

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
11

Freedom of Expression

KILLION V. FRANKLIN REGIONAL SCHOOL

DISTRICT (2001)

J.S. V. BETHLEHEM SCHOOL DISTRICT

(2002)

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 directors
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 students
speech wasnt 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 shouldnt
restrict or punish any non-threatening
expression on the Internet which does
not use facilities owned by the public
schools, and which the student doesnt
physically bring onto school grounds.
materially disrupts the school.
Since the Internet is relatively new, the law in this
area is still evolving. As the following cases demonstrate, what you can and cant 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?

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 youre doing it in school, teachers

Your school has much more control over what you

say on your homepage if you create it as part of a
12

Freedom of Expression

about another student or teacher, the school should not

be able to punish you unless you print 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 wasnt the one who
brought the e-mail into school, she shouldnt be the one
who gets in trouble.

WHAT THE
ACLU THINKS:
The ACLU argues that schools shouldnt
restrict or punish any non-threatening
expression on the Internet which does
not use facilities owned by the public
schools, and which the student doesnt
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. IM WORRIED THAT ITS GOING TO BLOCK OUT
ALL KINDS OF STUFF THAT TEENAGERS
CANT FIND OUT ABOUT ANY OTHER WAY.
MY FRIENDS AND I MIGHT HAVE QUESTIONS ABOUT SEX, BEING GAY OR OTHER
STUFF THATS TOO HARD OR EMBARRASSING TO GET INFORMATION ABOUT.
HOW DO WE STOP THEM FROM BLOCKING
THIS INFORMATION?

have a lot more authority to restrict what you say or

post on the Internet. That changes significantly when
you are 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 DOESNT SEEM FAIR.

Schools often block Internet content on school computers, but its 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 pre-

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 friends computer, even if it says nasty things
13

Freedom of Expression
P E N N S Y L V A N I A

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)

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 students 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.

vent you from having access to useful resources and

information. If your school is blocking information that
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.
operations, then its more likely to be constitutionally protected speech.

BUT

WHAT IF WE PICKETED SOMEWHERE

THAT DIDNT BLOCK THE ENTRANCE AND
IF WE ONLY PROTESTED BEFORE AND
AFTER CLASSES? SHOULDNT 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 DONT 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 its a protest
about something important, expecially related to school

No, you dont. Part of your First Amendment right

to free speech is the right NOT to speak! So schools
cant make you say the Pledge of Allegiance, salute the
flag, or sing the national anthem, whatever your reasons. They also cant force you to stand or leave the
14

Freedom of Expression
room while others recite the Pledge. But they can discipline you if you are disruptive while other students
are saying the Pledge.

CHEMISTRY LAB?

Yes. Schools can make you wear special stuff like the
gym uniforms or goggles if they are needed to protect your
health or safety while youre in class or doing extracurricular activities.

Dress Codes and School

Uniforms
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.
MY

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.

SCHOOL JUST MADE A RULE

AGAINST BODY PIERCINGS. GIRLS ARE
ALLOWED TO HAVE ONE PIERCING IN
EACH EAR, BUT BOYS CANT HAVE ANY
PIERCINGS. AND, NO ONE IS ALLOWED
TO HAVE ANY VISIBLE FACIAL PIERCINGS. I DONT WANT TO TAKE OUT MY
TONGUE RING! HELP!

Youre 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 dont convey

CAN THE SCHOOL FORCE YOU TO WEAR

UNIFORMS FOR GYM OR SAFETY GOGGLES IN

WHAT THE
ACLU THINKS:
The ACLU agrees with you that dress
codes and uniform policies often deny
students their freedom of expressionbecause 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
a specific message and are, therefore, not seen as
protected speech. They are also seen as a possible
disruption or health risk. You can state your case
about keeping your tongue ring to your principal, but
the courts arent 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.

AFTER SOME SCHOOL SHOOTINGS IN

COLORADO, MY SCHOOL MADE RULES
ABOUT WHAT STUDENTS CAN AND CANT
WEAR. NOW WE CANT WEAR BLACK
TRENCH COATS, BAGGY PANTS, ANY KIND
OF HEAD GEAR, OR HAVE BODY PIERCINGS
OR TATTOOS. THE SCHOOL SAYS ITS TO
PROTECT OUR SAFETY, BUT I DONT
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,

WHAT IF I WANT TO DYE MY HAIR BLUE OR

HAVE DREADLOCKS? CAN THE SCHOOL
STOP ME?

WHAT THE
ACLU THINKS:

The Code says its 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 schools policy.

The ACLU argues that school uniform policies do violate your First Amendment
rights. School uniform policies tell you
what you must wear to schooland 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. WERE 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 PRINCIPALS
OFFICE. I TOLD THE VICE PRINCIPAL THAT
MY RIGHT TO FREE SPEECH MEANT I
COULD WEAR MY NEW SHIRT. SHE DIDNT
BUY MY ARGUMENT, AND I WAS SUSPENDED FOR THREE DAYS. CAN MY

and may not overturn a dress code unless it discriminates on the basis of religious or political views.

THE PHILADELPHIA SCHOOL DISTRICT

REQUIRES SCHOOL UNIFORMS. WHATS
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 cant stop you or punish you
for wearing it to school, unless it is too disruptive. If
the message is something that might be considered
indecentlike your Marilyn Manson shirtthen 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 arent 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 isnt a clear answer to that. School uniforms

are popping up all over the country. Some students and
parents are challenging themfighting for their right to
make their own, private decisions about what to wear to
school, without the school boards interference.

16

Freedom of Religion

Freedom of

Religion
WHAT

IS FREEDOM OF

ated 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?

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 countrys founders knew that people have
started wars over religion for thousands
of years. Thats why they said Lets have
a country where you can follow your religion, and I can follow mineor none at all!
And we wont 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 LORDS

HOW

DO YOU KNOW WHETHER A GOVERNMENT IS ESTABLISHING RELIGION?

Apply the Lemon test! The U.S. Supreme Court cre17

Freedom of Religion

Constitution
IN THE

LEMON V. KURTZMAN (1971)

The First Amendment Establishment

Clause says that the government
cant encourage or promote (establish) religion in any way. Since public schools are run by the government, that means public schools
cant encourage or promote religion.
The Free Exercise Clause of the
First Amendment gives you the
right to practice your religionor to
be non-religiousas you choose
(the free exercise of religion). The
government cant penalize you for
your religious beliefs. This means
that public schools cant discriminate against students because of
their religion, or desire not to practice a religion.

Pennsylvania and Rhode Island

passed laws that gave state money
to parochial elementary and secondary schools to help pay teachers
salaries and buy other stuff. 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.

Maybe. Its unconstitutional for schools to require a

moment of silence for voluntary prayer. If the real reason for your teachers moment of silence is to encourage your class to pray, its not okay. But, a moment of
silence might be okay, if a teacher can show a non-religious reason for itlike giving students a moment to
think about the upcoming school day.

PRAYER. I DIDNT WANT TO SAY IT

BECAUSE IM 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, you shouldnt. Public school teachers cant lead

classes in prayer or Bible readings. Even non-denominational (not from any particular religion) prayer is
unconstitutional because teachers cant promote any
kind of prayer in public school.
It doesnt make it okay just because she says you
dont have to participate. Officially organized prayer at
school is coercive, even if its called voluntary. Like
your case: youre forced to either pray or to protest in
front of your classmates, which might be embarrassing or get you harassed.

No. Prayers by clergy or anyone else at public school

graduations are unconstitutional. Graduations are
school-sponsored events and schools cant prayers on
their program.

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
WOULDNT BE FORCING RELIGION ON
ANYONE. IS THAT ALLOWED?

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 SHES NOT REALLY
FORCING US TO PRAY?

No. Student-led prayers arent 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
18

Freedom of Religion
from their own graduation. Or they might feel pressured to participate in the prayer. In the words of the
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.

right to worship or not, as you choose. So individual

students have the right to pray at school, as long as
they dont 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 arent disruptive. As has been said many times, as long as
there are math tests there will be prayer in schools.
Whats 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 DONT
LIKE IT AND SAY ITS 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 doesnt 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.

Its probably okayif the meetings arent 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
COULDNT READ MY COPY OF THE
QURAN, BECAUSE PRAYER IN SCHOOLS
ISNT ALLOWED. IS THAT TRUE?

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 CANT
READ THE BIBLE TO MYSELF AT LUNCH?

No, thats 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 doesnt 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
cant officially promote religion. But, the First
Amendment protects your rightas an individualto
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 cant disrupt school
activities or invade other students 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 DONT 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 shouldnt count against your perfect
attendance record. The only exception to this rule is

IM 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
19

Freedom of Religion
that the holidays cannot be so frequent that they mean
you arent attending full time. So, for instance, Muslim
students cannot take off every Friday, even though that
is their holy day.

RELIGION. THE TEN COMMANDMENTS

WOULD JUST BE THERE ON THE WALL IF
THE STUDENTS WANT TO READ THEM ON
THEIR OWN. IS SHE RIGHT?

No, shes not right. The Ten Commandments cant be

posted in public schools. Again, schools cant be in the
business of teaching religion. Thats 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.

Teaching Religion in
School
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 DONT 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 DOESNT WANT TO. CAN THE
SCHOOL FORCE HER NOT TO TEACH EVOLUTION?
No. Schools cant 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 Bibles story of creation, it would be favoring one religious beliefcreationismover others. Its
also unconstitutional to require that creationism be
taught in science class along with evolution.

No, it cant. Public schools cant 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 QURAN
AND THE NEW TESTAMENT, BUT
ITS NOT REALLY LIKE CHURCH.
WERE JUST STUDYING DIFFERENT RELIGIONS. IS THAT OKAY?

Yes, you can study about religion at

schoolfor example, about its influence on
history, literature and culture. But your
readings and class time cant 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
DOESNT INVOLVE TEACHING US
20

Freedom of Religion

SANTA FE INDEPENDENT SCHOOL

DISTRICT V. DOE (2000)

EDWARDS V. AGUILLARD (1987)

Louisiana passed a law saying that if
evolution is taught in public schools,
then creation sciencethe biblical
story of creationalso had to be
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 didnt 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
games and, if they voted to have
prayer, to elect student representatives to lead that prayer. The U.S.
Supreme Court rejected the districts
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 Amendments Establishment
Clause. In what was the nations first
case challenging ID, the judge agreed
with the ACLU that ID was not science
because it didnt 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.

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 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 COULDNT
HELP US. HE ALSO SAID TO CHANGE THE

THAT SHE SIMPLY WANTS TO EXPOSE

STUDENTS TO AN ALTERNATIVE TO EVOLUTION.

No. In 2005, a judge ruled in Kitzmiller v. Dover

Area School District, an ACLU of Pennsylvania case,
that intelligent design is a type of creationism and,
21

Freedom of Religion
NAME, SO IT DOESNT MENTION THE
SCHOOLS NAME. CAN HE DO THAT?

THE BOOK IS BLASPHEMOUS. STEVES

PARENTS COULDVE 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 ABOUT IT
AND THE SCHOOL IS TRYING TO DECIDE
WHAT TO DO. CAN THEY STOP ALL OF US
FROM READING CATCHER AND THE RYE IN
SCHOOL JUST BECAUSE A FEW PEOPLE
HAVE A RELIGIOUS OBJECTION TO IT?

Yes, probably. Religious student groups that meet

on school grounds after hours have to be studentled and cant have school staff involved. If you sing
only religious songs and pray as part of your activities, you are seen as a religious group and the
school secretary shouldnt be involved. In addition,
you probably cant 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
schools name but you probably cant call it a
gospel choir.

Probably not. While a student like Steve has the

right to have his religious beliefs accommodated, that
doesnt mean he has the right to change the schools
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
COULDNT KEEP SINGING ONLY RELIGIOUS SONGS AT OUR CONCERTS.
WHATS 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,
thats 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 HASNT 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

Yes. Pennsylvania law says that public school staff

cant 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.

WHAT THE
ACLU THINKS:
The ACLU argues that schools should also
honor written requests that come from
high school students themselvesor
other students who are mature enough
and not just from their parents.

WHAT ABOUT OUR TEACHERS WHO HAVE

TO KEEP THEIR HEADS COVERED
BECAUSE OF THEIR RELIGION? WHAT
CAN THEY WEAR?
Teachers or staff can probably wear any head cov-

TAKE CLASSES THAT CONFLICT WITH

THEIR RELIGION?

WHAT THE
ACLU THINKS:

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.

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 shouldnt
hinge on whether you obey a uniform policy or not.

MY FRIEND STEVE AND HIS PARENTS

DIDNT LIKE THE FACT THAT WE ARE
GOING TO READ CATCHER AND THE RYE
FOR ENGLISH CLASS. THEY THINK THAT
22

Freedom of Religion
ering that doesnt 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 isnt identifying or promoting his or
her religion, just by wearing a baseball cap.

SO, CAN MY SCHOOL PUT UP A

CHRISTMAS TREE IN DECEMBER?
It depends. Its probably okay because the
Christmas tree is not a considered by the courts to be
a religious symbolparticularly if its included with
other secular symbols of the season. Its 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.

OUR SCHOOL JUST ADOPTED A MANDATORY SCHOOL UNIFORM POLICY. MY PARENTS

OBJECT TO THE UNIFORMS FOR RELIGIOUS
REASONS AND DONT WANT ME TO WEAR
ONE TO SCHOOL. CAN THE SCHOOL MAKE
ME WEAR A UNIFORM?

CAN

WE SING CHRISTMAS CAROLS IN

CLASS OR AT A HOLIDAY CONCERT?

There isnt 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 its probably okay, too.

As we said in the Freedom of Expression section,

the law in this area isnt 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 students right to religious
and personal expression.

SO,

WOULD IT BE OKAY IF OUR SCHOOL

HAD A PLAY IN DECEMBER SHOWING
HOW DIFFERENT STUDENTS AND TEACHERS CELEBRATE CHRISTMAS, RAMADAN
AND HANUKKAH?

Holiday Celebrations
and Displays

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 cant observe holidays
as religious events. So, a school play that has a specific religious messagelike one celebrating the birth
of Christwould violate the constitution by promoting one religion.

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, its probably not okay.
If it includes some religious stuff as part of a
mostly secular (non-religious) display, then its probably OK.
Look at a few examples:

NOT O.K.

O.K.

Nativity Scene
by itself

Nativity scene surrounded by

plastic reindeer and a Santa
Claus

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 its probably constitutional.
23

Equal Protection

Equal

Protection
T

All kids living in the United States have a right to a

free and full public education. They shouldnt 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 personnot limited to

American citizensthe 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 IM ARABAMERICAN. IS THERE ANYTHING I CAN
DO TO CHANGE THIS?

Yes. Teachers and administrators at your school

cant 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?
24

Equal Protection
MY PARENTS ARE CAMBODIAN AND
ARENT FLUENT IN ENGLISH. MY
SCHOOL ONLY SENDS HOME INFORMA TION AND PERMISSION SLIPS IN
ENGLISH, BUT MY PARENTS CANT
UNDERSTAND THEM AND SO I CANT GO
ON FIELD TRIPS WITH MY CLASS. IS
THERE ANYTHING I CAN DO?

P E N N S Y L V A N I A

CODE
Access to educational programs
shall be provided without discrimination on the basis of a students 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 students 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)

WE ASK FOR UNIFORMS, OUR COACH SAYS

THAT THERES NO MONEY. I DONT THINK
THATS FAIR. ISNT 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.

WANTED TO TRY OUT FOR THE FOOTBALL TEAM, BUT THE COACH SENT ME
HOME JUST BECAUSE IM A GIRL. MY
DAD TAUGHT ME HOW TO PLAY WHEN I
WAS A KID, AND IM REALLY GOOD AT IT.
SHOULDNT 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 doesnt do that, then a student may be
able to try out for the opposite-sex teamunless its
a contact sport. In Pennsylvania, at least some courts
have said its okay for girls to try out for all-male
teams even if its 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. Schools cant discriminate against students

because they are pregnant, married, or parents. They
cant be excluded from attending classes, graduation,

AT MY SCHOOL AND OUR RECORD IS JUST

AS GOOD AS THE BOYS TEAM. THE BOYS
KEEP GETTING NEW UNIFORMS AND, WHEN
25

Equal Protection

LAU V. NICHOLS (1974)

PLYLER V. DOE (1982)

The San Francisco school system didnt

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 encouragesor results in racial discrimination. The school must at least make
an effort to ensure that your parents
can understand the annual notice.

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
Amendments 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.

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?

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.

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 isnt spread by casual contact, HIV positive students shouldnt automatically be
seen as a threat to anyone elses health.

IM PREGNANT AND WANT TO RAISE MY

CHILD, BUT IM WORRIED ABOUT HOW
IM GOING TO CARE FOR HER. I DONT
KNOW ANY OTHER STUDENTS WITH KIDS;
DOES MY SCHOOL HAVE TO PROVIDE
CHILD CARE?
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.

A FRIEND OF MINE IS REALLY WORRIED

BECAUSE HER PARENTS ARE UNDOCUMENTED IMMIGRANTS. IF THE SCHOOL
EVER FINDS OUT, CAN THEY EXPEL HER?
No, they cant. Your friend has a right to a free
public education. The Fourteenth Amendment gives
equal protection of the law to each personnot just
American citizens. That means that all kids should
have equal educational opportunity, no matter
whether theyre citizens or non-citizens. The officials
at your school cannot ask your friend if shes a citizen or not, or make her show proof that shes in the
country legally.
26

Equal Protection
Monitor the programs effectiveness.

MY

FRIENDS DAD IS ALWAYS COMPLAINING ABOUT THE NEW IMMIGRANTS IN

OUR TOWN WHOSE KIDS GO TO OUR
SCHOOL. HE SAYS THAT IF THE KIDS
CANT SPEAK ENGLISH, THEY SHOULDNT BE GOING TO SCHOOL. THAT DOESNT SEEM FAIR. DO THESE KIDS HAVE A
RIGHT TO GO TO SCHOOL?

WHAT ABOUT BILINGUAL PROGRAMS?

I KEEP HEARING ARGUMENTS ABOUT
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 dont fall
behind in math, science, or other important subjects
while theyre still learning English. Some states, like
California, have passed or are trying to pass laws
cutting back on bilingual education.

Yes. Public schools have to provide instruction for

non-English speaking students. Its the job of the
schools to teach them English (and other subjects). A
student who doesnt understand English cant follow
whats going on in class, so he or she is effectively
denied equal educational opportunity. Thats why public schools have been teaching English to generations
of new immigrants, probably including the parents or
grandparents of your friends 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.
Provide an educational program that
allows the students to eventually transfer
into regular classes.

WANT TO LIVE WITH SOMEONE IN

ANOTHER SCHOOL DISTRICT AND
ATTEND SCHOOL THERE INSTEAD OF THE
DISTRICT WHERE MY PARENTS LIVE. I

WHAT THE
ACLU THINKS:
The ACLU argues that its 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
HEARD THAT I HAD TO BE AN EMANCIPATED MINOR IN ORDER TO DO THAT.
WHAT DOES THAT MEAN, AND HOW DO I
BECOME EMANCIPATED?

P E N N S Y L V A N I A

CODE

An emancipated minor is someone under 21 who

is self-supporting and independent from his or her
parents or guardians 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.

A student may not be excluded

from the public schools nor from
extracurricular activities because
of being married or pregnant.
(PA Code Section 12.1)

WHAT

IF IM 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?

DAVIS V. MONROE (1999)

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 students
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.

Possibly. If you live with an adult in a different

school district than your parents, you can go to school
where you liveif 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.
Behavior that creates an intimidating, hostile,
or offensive school environment.
Behavior that unreasonably interferes with the
students school performance.
Sexual harassment of students is against the law,
whether its teacher-on-student or student-on-student harassment.

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?

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
clearly sexual harassment and against the law. But his con-

OUR

TEACHER NEVER ACTUALLY ASKS

FOR SEXUAL FAVORS, BUT HES ALWAYS
28

Equal Protection
DIDNT DO ANYTHING. I COULDNT TAKE
ITMY GRADES DROPPED AND I WITHDREW FROM A CLASS BECAUSE ONE OF
THE GUYS SAT NEXT TO ME AND WOULDNT LET UP. ARE PUBLIC SCHOOL STUDENTS PROTECTED FROM SEXUAL
HARASSMENT BY OTHER STUDENTS?

Sexual Harrassment
Complaint Procedure
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
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 couldve 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.

Harrisburg School District: Contact

your principal or the Office of Equal
Opportunity (717-703-4006).
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).

WHAT

SHOULD I DO IF I HAVE A SEXUAL HARASSMENT COMPLAINT AGAINST

A SCHOOL OFFICIAL?

Scranton School District: Contact

your principal or guidance counselor.

You might consider doing the following:

Find out what your schools sexual harassment
policy is. All schools must have a procedure for
students to report and resolve complaints of
sexual harassment.

State College School District: File an

informal or formal complaint with the
principal or the harassment complaint officials at your school.

Follow your schools complaint procedure.

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.

tinued 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 couldve 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.

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
PRINCIPAL A BUNCH OF TIMES. THEY

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 DIDNT

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 groupslike LGBT support groups
about the problem. That way you can focus
attention on the schools 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.

IVE HAD KIDS AT SCHOOL CALL ME

NAMES, LEAVE NASTY NOTES ON MY
LOCKER, AND THREATEN TO BEAT ME UP
JUST BECAUSE IM 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. WEVE 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 studentsand students who
are still questioning their sexual identityas seriously as
any other abuse. As one federal court ruled, school officials violated a gay students right to equal protection when
they didnt 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 isnt 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 clubslike chess clubs or community service
clubsto meet at school after school hours, then it has
to let your club meet too. School officials cant refuse to
let students meet at school just because they dont like
what the students want to talk about or take action on.

FRICKE V. LYNCH (1980)

Aaron Fricke asked Paul Guilbert to go
to the senior prom with him. The principal at Aarons school wouldnt let the
two of them go together. He was worried other students 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
Aarons 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.
Dont just tell a teacher or school counselor because its
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 schools
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 IXand 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 WERE A SAME-SEX COUPLE. WE
DONT 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?

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.

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
the Fourteenth Amendment says you have a right to

WHAT ABOUT RIGHTS FOR TRANSGENDER

STUDENTS? IVE 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
GIRLS CLOTHES.
31

Equal Protection
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 schools activities. If
there is a dress code, you may still have an argument
that restricting your gender expression is discrimination,
under Title IX or Pennsylvanias 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
Pennsylvanias definition of disability, but federal law does
not recognize gender identity disorder as a disability.

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 therealong with the
sign language interpreter to help him learn.

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 theres 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?
SHOULDNT 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.

THERES A NEW KID IN MY HISTORY CLASS

WHOS DEAF. A SIGN LANGUAGE INTERPRETER COMES TO CLASS WITH HIM SO HE
CAN FOLLOW WHATS GOING ON. SOME OF
THE OTHER KIDS IN CLASS THINK HE
SHOULD BE IN A SEPARATE SPECIAL ED
CLASS. HE DOESNT BOTHER ME, BUT WHY
ISNT HE IN A SPECIAL ED CLASS?

If you already receive special education services,

your parents can ask for a re-evaluation if they think
your program isnt meeting your needs.
Your parents request should be in writing and sent
to the school principal.

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,
just like they meet the needs of non-disabled students.

Once the school evaluates you, it must write a report

that says if you are eligible for special education
services. If you are eligible, the school and your
32

Equal Protection
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.

WHAT

HAPPENS IF MY PARENTS DONT

LIKE THE SPECIAL ED PROGRAM OR MY
PLACEMENT?

RIGHTS OF STUDENTS WITH DISABILITIES

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

Students Privacy & School Security

Students

Privacy

Rights

and even if the school official does not 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
schools interest in safety and student discipline. Today,
the growing concern about drugs and violence in schools
often trumps students privacy rights.

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

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
34

Students Privacy & School Security

P E N N S Y L V A N I A

CODE
NEW JERSEY V. T.L.O. (1985)

School authorities may search a students 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)

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 students purse. The U.S. Supreme Court
said the teachers 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.

been caught breaking a school rule or the law, a school

official may have a reasonable suspicion that a search
of the students 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 students 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 studentsdo
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 districts
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.

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 WASNT TALKING OR TRYING
TO FIGHT BACK OR ANYTHING. I DIDNT
THINK IT WAS FAIR.

School officials have to conduct searches in a reasonable way. That means they cant be excessively intrusive or forceful in their searches, in light of your age,
sex, and what theyre looking for. A seizure of your
belongings also has to be reasonable. So, for example,
school officials cant 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?

first notify students and give them a chance to be

present. This also applies to your desk, because lockers and desks are school property. But that doesnt

Yes. Even without reasonable suspicion, school

authorities can search students lockers, but they must
35

Students Privacy & School Security

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 container, 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.

WHAT IS CONSIDERED TO BE A WEAPON?

Under Act 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.

MY

STEPSISTER WAS CAUGHT SMOKING

A JOINT IN THE GIRLS ROOM AT
SCHOOL. THE NEXT DAY, THE PRINCIPAL
SEARCHED MY LOCKER WITHOUT EVEN
TELLING ME. I WAS REALLY UPSET. I
DONT USE DRUGS AND I HAVENT 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?

School authorities can only search a locker without

telling you ahead of time if theres 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 doesnt 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 okayeven 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 dont want school officials or the police to see.

CAN

THE TEACHER JUST SEARCH

THROUGH HER PURSE LIKE THAT?

It depends. You have a legitimate expectation of privacy in your pockets, purses or backpackssince thats
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 shed
find some more cigarettes in your friends purse.

A TEACHER CAUGHT A FRIEND OF MINE

SMOKING IN THE BATHROOM AT SCHOOL.
SHE TOOK MY FRIENDS PURSE AND
QUICKLY LOOKED THROUGH IT. SHE
FOUND SOME CIGARETTES, WHICH WERE
NOT SUPPOSED TO HAVE AT SCHOOL.

CAN

SCHOOL OFFICIALS CONDUCT STRIP

SEARCHES OF STUDENTS?

Almost Never. Strip searches are so intrusive that

36

Students Privacy & School Security

they almost always violate students 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
wasnt a less intrusive way to search.

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 DIDNT MATTER. HE HAD
A WEAPON AT SCHOOL, SO HE GOT
EXPELLED. THAT DOESNT 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 dont have to use the

Real Gun
or Fake Gun?
Doesnt Matter.
Either one can get you in
a LOT of trouble.

37

Students Privacy & School Security

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. Well talk more about that in
a later chapter on student discipline.
You usually cant bring imitation or look-alike weapons
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 didnt let the superintendent
make any exceptions.

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
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 theyre
going to find it. But even if you dont think police have
sufficient reason to do the search and youve objected,
dont resist if they insist on searching anyway.

A STUDENT AT MY COUSINS SCHOOL GOT

SUSPENDED BECAUSE HE TOLD A TEACHER
HE WAS MAD AND WAS GOING TO BRING A
GUN TO SCHOOL THE NEXT DAY. HE DIDNT
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 doesnt extend to property next to school
grounds. A Pennsylvania court said that school police
werent allowed to search a students 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, DIDNT THEY
NEED A WARRANT AND PROBABLE
CAUSE BEFORE THE VICE-PRINCIPAL
SEARCHED HIM?

Police Officers & School

Security Guards
DO POLICE OFFICERS HAVE THE SAME
RIGHT TO SEARCH US THAT SCHOOL
OFFICIALS HAVE?

WHAT THE
ACLU THINKS:

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 didnt direct the search or have the
school do the search for them, then your vice-principal
only needed reasonable suspicion to search the student.

The ACLU argues that zero tolerance

policies are usually too broad and too
vague. Because they dont allow for any
exceptions, students who havent seriously misbehaved in the past often
receive punishments that dont match
their offenselike getting expelled for
bringing nail clippers to school or suspended for carrying aspirin.

CAN

POLICE OFFICERS EVER SEARCH

WITHOUT A WARRANT?

Yes, in situations where it seems likely that someone will be hurt or evidence will be destroyed if they
38

Students Privacy & School Security

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
cause to ask you for permission to search.

VERNONIA SCHOOL DISTRICT V. ACTON

(1995)
James Acton signed up to play football
at school. He refused to take a drug
test, so the school said he couldnt play
on the team. James challenged the
schools 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 dont expect
much privacy because theyre used to
sharing a locker room where they
change clothes and shower. Second,
the drug testing (taking urine samples)
wasnt any more intrusive of privacy
than ordinary conditions in public bathrooms. Third, athletes at the school
were leaders in the schools drug culture. Finally, the schools 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

THE POLICE STOP AND FRISK ME

WITHOUT A WARRANT?

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 clothingstrictly to look for
weapons. If they feel something they think feels like a
weapon, then they can search you.

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.
Dont 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 HAVENT. CAN
THE SCHOOL REQUIRE THAT WE TAKE
RANDOM DRUG TESTS?

BREATHALYZERS ON ANY STUDENT

INVOLVED IN EXTRACURRICULAR ACTIVITIES? IS THAT OKAY TOO?

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 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 dont 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 cant play with the team.

WHAT

IF OUR SCHOOL DISTRICT WANTS

TO USE RANDOM DRUG TESTING OR
39

Students Privacy & School Security

WHAT THE
ACLU THINKS:
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 arent 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 Constitutions privacy
rights in Article I, Section 8. The
Pennsylvania Supreme Court said the
school didnt 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 schools broad
drug testing program unconstitutional.

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
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.

40

Students Privacy & School Security

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?

BOARD OF EDUCATION OF INDEPENDENT

SCHOOL DISTRICT NO. 92 OF
POTTAWATOMIE COUNTY V. EARLS
(2002)

Yes. Metal detectors are usually allowed because

they are less of an invasion of privacy than frisks or
other kinds of searches.

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 COULDNT DO THAT.

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.

Usually they cant. As with some random drug testing, school officials likely can use metal detectors
because they arent too intrusive, they dont 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 shouldnt 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
machines 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.

41

School Records

School

Records

WHAT

data, birth date, academic work completed, level of

achievement such as grades and standardized achievement test scores, and attendance data.

IS IN MY SCHOOL RECORDS?

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 parents 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

WHAT HAPPENS IF THERES MISLEADING

INFORMATION OR SOMETHING ELSE
42

School Records
WRONG IN MY RECORDS?
DO ABOUT IT?

WHAT

CAN

CAN THE SCHOOL RELEASE MY

RECORDS TO MILITARY RECRUITERS?

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.

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.

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 youif youre 18 or
olderbefore it can show your records to anyone
outside the school system. However, the school doesnt
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 youincluding 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.

IM

TRANSFERRING INTO PUBLIC SCHOOL

FROM A PRIVATE SCHOOL, AND I DONT
HAVE MY RECORDS. CAN SCHOOL OFFICIALS REFUSE TO ADMIT ME OR LET ME
GRADUATE IF THEY DO ADMIT ME?

If you dont have your records, your new school

should do its own assessment of your academic levels to
place you in classes. The school shouldnt 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 governmentwhich includes public
schools. This right to privacy has some
limits, but applies to reproductive health
issues like birth control and abortion.

PLANNED PARENTHOOD V. CASEY

(1992)
The U.S. Supreme Court said that
women have a right to abortion. The
government, however, can restrict
abortion, as long as it doesnt place an
undue burden on the woman seeking
an abortion. The court decided that it
wasnt 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 DONT LIKE THE FACT
THAT WE LEARN ABOUT BIRTH CONTROL
IN OUR CLASSES. DOES THE SCHOOL
HAVE TO STOP TEACHING US SEX ED?

No. Parents dont 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 viewnot a religious vieware okay.
44

Sexual Health & Education

Sex ed programs must allow students to opt out of
particular classes that go against their religious beliefs.

WHAT ABOUT SEX ED PROGRAMS

PENNSYLVANIA SCHOOLS?

MY

DOCTOR THINKS THAT IM GOING TO

NEED BED REST TOWARD THE END OF MY
PREGNANCY. IM WORRIED THAT ILL
FALL BEHIND IN MY CLASSES AND NOT
GRADUATE ON TIME.

IN

The state doesnt 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
abstinenceit cant 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 IM PREGNANT?
Go to the nearest family planning clinic. They can
give you a pregnancy test and counseling about your
options. You dont need your parents permission for a
pregnancy test, and the clinic cant 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 books blue pages,
under government offices). Ask about the medical
assistance or MA program.

WHAT THE
ACLU THINKS:
The ACLU argues that abstinence-only
programs shouldnt 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 needso they can
make responsible decisions and protect
themselves.
WHAT ABOUT HIV/AIDS
PENNSYLVANIA?

DO I

HAVE TO GET MY PARENTS CONSENT TO RECEIVE MEDICAL CARE IF IM

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 youre pregnant or married, you dont need anyones consent to receive medical, dental, or other health
services except an abortion. There is a way to get an abortion without a parents consent called judicial bypass.

WHAT IF I WANT TO GET AN STD TEST?

DO I NEED MY PARENTS PERMISSION?

MY

PARENTS DONT WANT ME TO KEEP

THE BABY AFTER SHES BORN. CAN
THEY MAKE ME GIVE HER UP?

No. You dont 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 youre 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 IM 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

Sexual Health & Education

Yes. Most family planning clinics receive federal
funding and by law must keep all information confidential. They cant tell your parents without your permission. You can get birth control for free, or for very
little money, at the clinic.

PARENTS UNITED FOR BETTER SCHOOLS

SCHOOL DISTRICT OF PHILADELPHIA
(1998)

V.

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 didnt 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
didnt 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?

Its 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:
Its a medical emergency;
Your parents arent available (in which case
someone who stands in their place can give
permission); or

judge who can okay the abortion for you without getting your parents 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.

You are legally emancipated.

MY

MOM IS BEING REALLY SUPPORTIVE

OF MY DECISION TO GET AN ABORTION,
SO WHAT DO WE DO NOW?

DOES MY BOYFRIEND HAVE TO BE TOLD

THAT IM HAVING AN ABORTION?

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.

No. You do not have to tell him about the abortion

or get his permission.

CAN

MY PARENTS MAKE ME GET AN

ABORTION IF I DONT 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.

CANT TELL MY PARENTS THAT IM

PREGNANT, AND THERES NO WAY THEY
WOULD LET ME GET AN ABORTION IF
THEY FOUND OUT. DO I HAVE TO GET
THEIR PERMISSION?

No. If you cant tell your parentsor if they refuse

to consent to an abortionthen you can go through
a judicial bypass. Thats a private hearing before a
46

Student Discipline

Student

Discipline
reason. And if youre found guilty of something, the
punishment cant be more serious than the misconduct was. For example, your school cant suspend you
for just a minor violation.

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.

Suspensions

WHAT

DOES DUE PROCESS MEAN IN

PUBLIC SCHOOLS?

WHAT

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 cant give you

a serious punishmentlike a suspension or expulsionwithout 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 schools 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 cant punish you more severely
than other students for the same offense, without good

WHAT PROCEDURES DOES THE SCHOOL HAVE

TO FOLLOW IF IT WANTS TO SUSPEND ME?
47

Student Discipline
P E N N S Y L V A N I A

CODE
GOSS V. LOPEZ (1975)

The board of school directors shall

define and publish the types of offenses that would lead to exclusion from
schoolNo 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)

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 didnt 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?

MISSED A HISTORY TEST BECAUSE I

WAS SUSPENDED FROM SCHOOL DURING
THE WEEK THE TEST WAS GIVEN. MY
HISTORY TEACHER WONT 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 shouldnt 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 doesnt 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 COULDNT 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, cant deny you a diploma if
you have completed all the requirements for graduation.

IM 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?
Its an in-school suspensionmeaning 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:

Expulsions
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 schools 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 shouldnt 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 cant 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 cant 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 hearingunless 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 cant be reduced for disciplinary

reasonsunless 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 IM 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 supervisionwhich 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
schoolor 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.

GOT ARRESTED FOR SOMETHING I DID

AWAY FROM THE SCHOOL GROUNDS. CAN
I BE SUSPENDED FROM SCHOOL EVEN IF
I HAVENT BEEN CONVICTED YET?

WHAT HAPPENS TO MY RIGHT TO RECEIVE

AN EDUCATION IF IM 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 youre
guilty. Based on the hearing, it might suspend you even
before your court trial. Talk to a lawyer before going to
the school hearingbecause 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 cant 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 isnt

connected to your disability.
For students with any other disabilitythe
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 isnt
connected to your disability.

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 IM A STUDENT WITH
DISABILITIES?

CAN

A TEACHER HIT A STUDENT WITH

DISABILITIES IF SHE DOESNT BEHAVE?

The rules about this are complex. If you have questions, contact the Education Law Center (www.elc-pa.org)
for more details. Well give you the basic rules here:
For students with mental retardationbefore
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
info@aclupa.org

Pittsburgh Office
313 Atwood Street
Pittsburgh, PA 15213
412-681-7736
info@aclupgh.org

Harrisburg Office
PO Box 11761
Harrisburg, PA 17108
717-238-2258
hbginfo@aclupa.org