Know your rights, folks! In Tiffany Jewell’s essential nonfiction book, Everything I Learned About Racism I Learned in School, she talks a lot about what it means to be a student in the US schooling system–particularly as a student of the Global Majority. Alongside a chorus of acclaimed authors, educators, and high school students, she unpacks the inherent racism that is at the foundation of our educational system.
This book is absolutely essential reading, and we pulled an excerpt that really resonated with us–and we hope it will resonate with you, too! While it’s important to note that these can vary by state, you do have rights as a student in US public schools. Read on, stay empowered, and don’t forget to check out Everything I Learned About Racism I Learned in School.
WHAT I LEARNED ABOUT STUDENTS’ RIGHTS
In 1969, in Tinker v. Des Moines, the Supreme Court ruled that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Justice Abe Fortas, in the majority opinion, wrote, “In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students . . . are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State. In our system, students may not be regarded as closed-circuit recipients of only that which the State chooses to communicate. They may not be confined to the expression of those sentiments that are officially approved. In the absence of a specific showing of constitutionally valid reasons to regulate their speech, students are entitled to freedom of expression of their views.”
You have rights. You have rights in school.
- Your school is responsible for keeping you safe while you are there.
- You have the right to express your opinions. You may speak up and out. You may even hand out flyers, information, and petitions. However, you may not disrupt school or violate school policies.
- You have the right to share your opinions on social media, and your school may not punish you for content you share when you’re not in school.
- You have more rights in regard to protesting and sharing your opinions outside school spaces than inside.
- You have the right not to salute the flag and not to participate in the Pledge of Allegiance or the national anthem without repercussions.
- You have the right to dress in clothes that are consistent with your gender identity and your gender expression. Schools cannot require you to wear clothes based on your assigned or perceived sex. They cannot create a dress code based on gendered stereotypes.
- You have the right to not be treated differently based on your sex or gender.
- You have the right to not be targeted based on your gender identity or gender expression, race or ethnicity, religious beliefs, who you love, abilities and disabilities, and so on.
- You have the right to receive a free public education.
- You have the right to go to school if you are undocumented, and you do not have to prove your immigration status. Your school cannot require you or your family to prove your immigration status.
- You have the right to attend school whether you have a home address or not. It is illegal for public schools to turn you away.
- You have the right to receive language instruction regardless of what your home language is.
- You have the right to extracurriculars, and your school cannot deny these to you because of your disabilities.
- You have the right to equal access to all aspects of your education, and your school is required to make accommodations for you.
- Your school is required to address and respond to harassment, discrimination, and bullying.
- You have the right to privacy and no one (including school and district administrators, faculty, and staff) should “out” you to your family, classmates, anyone.
- You have the right to join or form a Rainbow Club, a Gay-Straight Alliance, or any LGBTQIA+-related club if there are other clubs that aren’t related to classes taught at your school.
- You have the right to be kept protected and safe; your school cannot ignore bullying, harassment, and so forth because of who you are and the identities you hold.
- You have the right to keep your transgender status private.
- Your school cannot disclose this information without your consent. You are protected by the federal privacy law.
- You have the right to join in classes, extracurriculars, and school events without fear of punishment for being a pregnant or parenting student.
- You have the right to not be punished or excluded for having an abortion.
- You have the right to keep your private medical information private; it cannot be shared with anyone without your consent.
- You have the right to attend doctor appointments and to take time off for giving birth and healing from childbirth in a judgment-free environment. Your school must provide accommodations for you if you are pregnant or have a medical condition that is temporary.
You have rights. You have rights in school.