Education Rights Violation: Protect Your Right to Learn

The First Amendment protects students' freedom of speech and expression in public schools. Key protections: Political speech (Tinker v. Des Moines) - students can express political views unless school can show material and substantial disruption; Symbolic speech (wearing armbands, buttons, clothing with messages); Off-campus speech (Mahanoy v. B.L.) - schools have very limited authority to punish off-campus speech, especially social media. Limitations: School-sponsored speech (Hazelwood) - schools can control curriculum and school-sponsored publications if reasonably related to educational concerns; Lewd/vulgar speech (Bethel v. Fraser) - schools can prohibit plainly offensive speech at school events; Speech promoting illegal drug use (Morse v. Frederick); True threats of violence. Application: Students can discuss controversial topics, criticize school policies, wear protest messages, engage in political advocacy. Schools bear burden of justifying restrictions. Courts scrutinize viewpoint-based restrictions heavily.

The First Amendment has two religion clauses: Establishment Clause (government cannot promote religion) and Free Exercise Clause (individuals can practice religion). Balance for schools: Schools must be neutral - cannot promote or suppress religion. Student rights: Private prayer (students can pray alone or in groups as long as not disruptive); Religious expression (can discuss religion, wear religious clothing/symbols, express religious views in assignments); Religious clubs (Equal Access Act requires schools to allow religious clubs on same terms as other clubs); Accommodation (schools must reasonably accommodate religious practices, e.g., excusing students from lessons conflicting with beliefs, allowing hijab/yarmulke). School limitations: Cannot sponsor prayer or religious activities; Cannot proselytize or promote particular religion; Cannot discriminate based on religion; Must maintain religious neutrality in curriculum (can teach about religion objectively but not indoctrinate). Recent trend: Supreme Court has increasingly protected religious expression and struck down discrimination against religious viewpoints (Kennedy v. Bremerton, Carson v. Makin).

Students have rights to assemble peacefully and petition for redress of grievances. Protected activities: Peaceful protests and demonstrations; Student walkouts and protests (though schools can impose content-neutral time/place/manner restrictions); Petitions and organizing; Student clubs and organizations; Boycotts and symbolic protests. Limitations: Schools can impose reasonable time, place, and manner restrictions (e.g., can't disrupt class); Can require advance notice for large gatherings; Can prohibit protests that substantially disrupt school operations; Cannot punish based on viewpoint or message. Examples: Students have right to organize walkouts on issues like gun violence, climate change, racial justice; Schools can require walkouts occur during non-instructional time or impose content-neutral consequences (unexcused absence) but cannot impose harsher punishment based on protest message; Students can circulate petitions, organize demonstrations before/after school. Key principle: Schools cannot suppress assembly or petition rights based on disagreement with message; restrictions must be content-neutral and serve legitimate educational interests.

The Fourth Amendment protects students from unreasonable searches and seizures, but with lower standard than police. Standard: Reasonable suspicion (not probable cause) under New Jersey v. T.L.O. Search must be: (1) justified at inception - reasonable grounds to suspect it will reveal evidence of rule violation; (2) reasonable in scope - not excessively intrusive given age, sex, nature of infraction. Types of searches: Lockers - schools can search with reasonable suspicion; some schools claim lockers are school property subject to random searches (legally questionable). Backpacks/bags - can search with reasonable suspicion. Person/clothing - can search pockets, outer clothing with reasonable suspicion; pat-downs allowed in some circumstances. Cell phones - can confiscate phones used in violation of rules, but searching phone contents is highly intrusive and may require warrant or very strong justification. Strip searches - almost never allowed; requires very high suspicion of dangerous items (Safford v. Redding). Drug testing - allowed for student athletes and students in competitive extracurriculars; not allowed for general student body. Illegal searches: Random searches without suspicion; Searches based on stereotypes or profiling; Excessively intrusive searches for minor infractions; Searches conducted to humiliate or intimidate. Remedies: Evidence from illegal search can be suppressed in criminal proceedings; Section 1983 lawsuit for damages; Policy changes.

The Due Process Clause requires fair procedures before government deprives someone of life, liberty, or property. For students: property interest in education and liberty interest in reputation. Requirements (Goss v. Lopez): Notice - student must be informed of charges; Opportunity to be heard - chance to present their side; Hearing - formal hearing for serious discipline (expulsion, long-term suspension). Level of process depends on severity: Short suspensions (1-10 days) - informal hearing, can be immediately after incident; notice and chance to respond. Long suspensions (11+ days) - more formal procedures; advance written notice; hearing with opportunity to present evidence and witnesses; right to appeal. Expulsion - full formal hearing; written notice; right to representation (in some states); ability to call and cross-examine witnesses; record of proceeding; right to appeal. Additional requirements for special education students: Manifestation determination (is behavior related to disability?); Continued educational services during suspension/expulsion; Functional behavioral assessment and intervention plan. Violations: Suspension without notice or hearing; Inadequate notice of charges; Denial of opportunity to present evidence; Predetermined outcome (hearing is sham); Inadequate record or inability to appeal.

Equal Protection Clause requires government to treat similarly situated people alike and prohibits discrimination. Application to schools: Schools cannot discriminate based on race, national origin, sex, or other protected characteristics; Policies that appear neutral but have disparate impact on protected groups can violate Equal Protection. Types of claims: Intentional discrimination - school treats students differently because of protected characteristic (e.g., harsher punishment for Black students than white students for same behavior). Disparate impact - facially neutral policy disproportionately harms protected group without sufficient justification (e.g., zero tolerance policy that results in higher suspension rates for students of color). Selective enforcement - school enforces rules against some students but not others based on protected characteristic. Examples: Disciplining minority students more harshly than white students for same conduct; Dress codes that ban cultural hairstyles (locs, cornrows, etc.); Policies targeting LGBTQ+ students; Steering students into lower tracks based on race. Standard: Race-based classifications are subject to strict scrutiny (must be narrowly tailored to compelling government interest - almost always struck down); Sex-based classifications subject to intermediate scrutiny (substantially related to important government objective); Other classifications subject to rational basis review (rationally related to legitimate government interest). Remedies: Injunction requiring policy change; Compensatory relief; Damages; Attorney fees.

Federal law requiring public schools to provide Free Appropriate Public Education (FAPE) to students with disabilities ages 3-21. Key requirements: Child Find - schools must identify and evaluate students suspected of having disabilities; Evaluation - comprehensive evaluation to determine eligibility and needs; IEP (Individualized Education Program) - written plan with present levels, goals, services, accommodations; FAPE - education reasonably calculated to enable progress appropriate in light of child's circumstances (Endrew F. standard); Least Restrictive Environment (LRE) - students educated with non-disabled peers to maximum extent appropriate; Related services - transportation, speech therapy, occupational therapy, counseling, etc. as needed; Procedural safeguards - parent participation, notice, consent, access to records; Discipline protections - manifestation determination before long-term removal. Enforcement: Request evaluation in writing; If services denied, request IEP meeting; File state complaint with Department of Education; File due process complaint for hearing; File lawsuit in federal court under IDEA. Remedies: Compensatory education (make-up services); Reimbursement for private services; Prospective relief (required services going forward); Attorney fees if you prevail. IDEA is highly technical - consider hiring special education advocate or attorney.

Federal civil rights law prohibiting discrimination based on disability in programs receiving federal funding. Broader than IDEA - covers all students with disabilities, not just those needing special education. Eligibility: Student has physical or mental impairment that substantially limits one or more major life activities (learning, reading, concentrating, walking, seeing, hearing, etc.). Includes: ADHD, dyslexia, anxiety, depression, diabetes, epilepsy, etc. Requirements: FAPE - education comparable to non-disabled students; Reasonable accommodations - modifications to provide equal access (extended time, note-taker, modified assignments, preferential seating, assistive technology, etc.); Equal opportunity - to participate in all programs and activities; Accessible facilities - physical access to buildings and programs. Section 504 Plan: Written plan documenting accommodations (less comprehensive than IEP). Process: Parent/school requests evaluation; School determines eligibility; 504 team develops plan; Plan implemented and reviewed annually. Differences from IDEA: Section 504 is broader (more students eligible); Section 504 doesn't provide funding (IDEA does); Section 504 focused on access and non-discrimination (IDEA on specialized instruction); Section 504 enforced through OCR complaints and lawsuits (IDEA through due process); Both can be pursued simultaneously. Enforcement: File OCR complaint; File lawsuit under Section 504 for damages and injunctive relief.

Comprehensive civil rights law prohibiting discrimination based on disability. Title II applies to public schools (state/local government entities). Requirements: Similar to Section 504 - equal access, reasonable accommodations, no discrimination; Physical accessibility - schools must make facilities accessible (ramps, elevators, accessible bathrooms, etc.); Effective communication - provide auxiliary aids and services (interpreters, captioning, etc.) for students with hearing/vision impairments; Reasonable modifications - to policies, practices, procedures to accommodate disabilities; Program accessibility - all programs and activities must be accessible. Key protections: Cannot exclude students based on disability; Cannot segregate students with disabilities unless necessary for FAPE; Must make reasonable modifications unless fundamental alteration or undue burden; Cannot retaliate against students who assert ADA rights. Relationship to IDEA/504: ADA overlaps significantly with Section 504; Often asserted together in lawsuits; ADA may provide additional protections (e.g., public accommodations provisions). Enforcement: File complaint with Department of Justice; File lawsuit in federal court; Can recover damages, injunctive relief, attorney fees. Example claims: Refusal to provide sign language interpreter; Inaccessible school buildings; Refusal to allow service animal; Segregation of students with disabilities.

Federal law prohibiting discrimination based on race, color, or national origin in programs receiving federal funding. Application to schools: Schools cannot discriminate in admissions, discipline, academics, extracurriculars, or any aspect of education based on race or national origin. Types of violations: Intentional discrimination - treating students differently because of race/national origin; Disparate impact - facially neutral policy that disproportionately harms students of one race without educational necessity; Harassment - severe, pervasive racial harassment creating hostile environment; Segregation - separating students by race (even if called "voluntary"). Examples: Harsher discipline for students of color; Tracking that results in racial segregation; Failure to address racial harassment; Discrimination in academic programs or extracurriculars; National origin discrimination (including against English learners). English learners: Title VI requires schools to provide language assistance services to English learners (ESL programs, bilingual education, etc.); Must identify English learners and assess language needs; Must provide effective programs; Must provide equal access to all programs. Enforcement: File complaint with Office for Civil Rights (OCR); OCR investigates and can require corrective action; Can also file lawsuit (limited private right of action - intentional discrimination only). Remedies: Policy changes; Training; Compensatory education; Monitoring; In lawsuits: injunctive relief, limited damages.

Federal civil rights law prohibiting sex discrimination in education programs receiving federal funding. Coverage: Admissions (for some schools); Recruitment; Financial aid; Athletics (equal opportunity, facilities, coaching, scholarships); Pregnant and parenting students; Sex-based harassment (including sexual harassment and sexual violence); Gender-based harassment; Retaliation. Sexual harassment: Unwelcome sexual advances, requests for sexual favors, sexual assault, dating violence, stalking; Must be severe, pervasive, and objectively offensive to violate Title IX; School must respond when it has actual notice; Must provide prompt, equitable grievance process; Must provide supportive measures to complainant. School obligations: Designate Title IX Coordinator; Publish non-discrimination policy; Adopt grievance procedures; Investigate reports; Take action to stop harassment, prevent recurrence, remedy effects; Not retaliate. 2020 Regulations: Require live hearings with cross-examination (for college students); Narrow definition of sexual harassment; Schools only liable for harassment in school programs/activities; Subject to ongoing litigation and proposed changes. Athletics: Equal opportunity to participate; Equivalent benefits and services (facilities, equipment, coaching, scheduling); Scholarships proportional to participation. Gender identity: Several federal courts have held that Title IX and Equal Protection protect transgender students (bathroom access, pronouns, etc.); Active area of litigation. Enforcement: File complaint with Title IX Coordinator; File OCR complaint; File lawsuit (can get damages, injunctive relief, attorney fees).

Federal law protecting privacy of student education records. Applies to schools receiving federal funding. Rights: Access - students (or parents of minors) can inspect and review education records within 45 days of request; Amendment - can request correction of inaccurate records; hearing if school refuses; Consent - school must have written consent to release records to third parties (with exceptions); Control - student controls disclosure of records. Education records: Any record maintained by school that contains information directly related to student; Includes: grades, transcripts, disciplinary records, special education records, health records, etc.; Excludes: sole possession notes, law enforcement records, employment records, medical treatment records. Exceptions to consent requirement: School officials with legitimate educational interest; Other schools to which student is transferring; Financial aid officials; Accrediting organizations; Compliance with judicial order/subpoena (with notice); Emergency to protect health/safety. Directory information: Name, address, phone, email, photo, dates of attendance, degrees, honors; Schools can disclose without consent unless parent/student opts out; Must provide annual notice of FERPA rights. Violations: Posting grades publicly with student names/IDs; Releasing records without consent; Allowing unauthorized access to records; Failure to provide access to records. Enforcement: File complaint with Family Policy Compliance Office (FPCO); Must file within 180 days; FPCO investigates and can cut off federal funding; FERPA itself does not provide private right to sue, but state privacy laws may allow lawsuits for damages.

Each state has laws governing education, often providing protections beyond federal minimums. Common state law protections: More robust due process for discipline; Specific anti-bullying and harassment laws; Whistleblower protections for students reporting violations; Data privacy laws; Funding equity requirements; Curriculum mandates and restrictions. State-specific rights: Some states prohibit corporal punishment (others allow it); Some states have anti-Hazelwood laws protecting student journalists; Some states require recess or physical education; Some states limit school fees and charges; Some states have specific special education protections beyond IDEA. Examples of strong state protections: California: Ed Code provides extensive due process rights, anti-discrimination protections, student privacy; California also has strong protections for student journalists and student records; New York: Extensive education law covering everything from discipline to curriculum; strong special education protections; Massachusetts: Student records law provides more privacy protections than FERPA; Texas: Student Code of Conduct required; specific discipline procedures. Enforcement: File complaint with state Department of Education; File lawsuit in state court under state education laws; State administrative hearings (varies by state). Advantage: State laws often provide remedies not available under federal law (e.g., damages for FERPA-like violations).

School policies governing student behavior and discipline. Schools must adopt written codes of conduct. Requirements for valid codes: Notice - students and parents must be provided with code of conduct; Clarity - rules must be clear and specific (vague rules violate due process); Consistency - rules must be applied consistently; Non-discrimination - cannot be discriminatory or have unjustified disparate impact; Proportionality - punishments should be proportional to offenses. Common components: Prohibited conduct (fighting, drugs, weapons, disruption, etc.); Range of disciplinary responses (warning, detention, suspension, expulsion); Procedures for discipline (notice, hearing, appeal); Special education protections; Due process rights; Attendance policies; Technology/internet use policies. Challenging codes of conduct: Rules that are vague or overbroad; Rules that violate constitutional rights (e.g., prohibiting all political speech); Discriminatory application; Disproportionate punishments; Failure to follow stated procedures. Examples of problematic rules: Bans on all "disruptive" speech (too vague); Bans on clothing with any writing (overbroad, violates First Amendment); Zero tolerance policies mandating expulsion for minor offenses; Rules punishing off-campus speech. Students should: Read code of conduct carefully; Understand rights and responsibilities; Challenge rules that violate rights; Document violations of code procedures.

42 U.S.C. Section 1983 is the primary vehicle for suing schools and school officials for constitutional violations. Allows lawsuits against state actors (public schools, school officials) who violate constitutional or federal rights. Elements: (1) defendant acted under color of state law (public school officials do); (2) defendant violated plaintiff's constitutional or federal statutory rights. Scope: Can sue for violations of any constitutional right (First Amendment, Fourth Amendment, Due Process, Equal Protection, etc.); Can sue schools (for policy/custom causing violation) and individual officials (for personal actions); Can recover monetary damages and injunctive relief; Can recover attorney fees if you prevail. Immunities: School districts not entitled to qualified immunity; Individual officials may have qualified immunity if right violated was not "clearly established" at time; Immunity is often contested issue. Examples of Section 1983 claims: First Amendment retaliation for protected speech; Fourth Amendment illegal search; Due Process violation in discipline; Equal Protection racial discrimination in discipline; Establishment/Free Exercise violations. Procedure: File lawsuit in federal or state court; Must show violation of constitutional or federal right; Can seek preliminary injunction for immediate relief; If you win, can get damages, injunctive relief, attorney fees. Timing: Federal statute of limitations varies by state (typically 2-3 years); State law claims may have shorter deadlines; Act quickly - evidence may disappear, witnesses may forget. Section 1983 is powerful tool for vindicating student rights and obtaining compensation for violations.