Youth & Student Rights

"In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not possess absolute authority over their students. Students in school, as well as out of school, are 'persons' under our Constitution."
[Students do not] “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”
-- Justice Abe Fortas,
Tinker v. Des Moines, 1969

Violations of the constitutional rights of students are far too common in public schools across the country. Articles about controversial subjects written for student newspapers are censored. Lockers, back packs and even students, through increased use of drug testing, are searched without reasonable suspicion. Female students are excluded from certain extracurricular activities, and gay students are intimidated into silence.

The Constitution protects specific individual rights like freedom of speech, the right to privacy, and freedom of religion from intrusion by the government. The Constitution does not place age requirements on these freedoms. Despite the court rulings that have limited student rights, the ACLU believes that all individuals, including young people, should enjoy these basic rights.
Teachers and administrators have a responsibility to provide a safe environment for the students that is conducive to learning. They also have a responsibility to respect each student's individual rights. These two missions are not incompatible. Young people have rights too!

The ACLU works to ensure that young people are educated about the Bill of Rights and that their rights to freedom of speech and fair treatment by government are respected. We support constructive alternatives to efforts that target youth as a group in need of severe measures that restrict civil liberties.

Are you a youth looking for more information about your rights? Please visit our "Just for Youth" section for information and resources.

Litigation

I [Heart] Boobies

Student Challenges Ban on Wearing “I ♥ Boobies” Cancer Awareness Bracelets

Nakashima v. Board of Education

Student Athletes Prevail in Religious Discrimination Case Against OSAA

On August 18, 2010, the Oregon Supreme Court ordered the Oregon School Activities Association to pay $66,230 in attorney fees. This case was on behalf of students at Portland Adventist Academy who sought a reasonable accommodation from the OSAA to compete in the state basketball tournament without having to play during the Seventh Day Adventist Sabbath (sundown Friday to sundown Saturday).

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Legislation

ACLU Expresses Concerns With Bill to Expand the Pledge of Allegiance in Schools

Update: April 22, 2013 - HB 3014 passed the House (42-16). It now goes to the Senate.

April 8, 2013 – In Oregon, schools districts are required to give students the opportunity to recite the Pledge of Allegiance once a week. HB 3014 would expand the requirement to at least once a day and also require each classroom to display the United States flag. The ACLU opposes HB 3014 since it would heighten existing concerns about the free expression and religious freedom implications of the current law. We believe the current law is flawed, not only because of the requirement that public schools provide students with the opportunity to recite the Pledge of Allegiance on a weekly basis, but that it also requires the “One Nation under God” version in the state law.

CRIMINAL JUSTICE: Statute of Limitations for Certain Crimes against Minors (HB 4100) (2012)

The statute of limitations serves an important function in the criminal justice system. Its purpose and design is to permit both the prosecution and the defense to present a case before the evidence gets stale.

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Other

Civil Rights & Education Advocates Applaud State Department of Education Website Disclosing Suspension and Expulsion Data of Students of Color

June 18, 2012 – Five civil rights and education reform organizations today applauded the launch of a new website created by the Oregon Department of Education (ODE) making disciplinary data in school districts across the state more accessible to the public and say it is an important step towards reducing the disproportionate discipline of students of color in Oregon public schools.

The launch of the state database came at the request of the organizations after the American Civil Liberties Union of Oregon released its report on the School to Prison Pipeline in Oregon in 2010. That report highlighted dramatic disparities in disciplinary action for students of color compared to their white counterparts, as well as increased contact with the juvenile justice system.

The Pledge of Allegiance in Oregon Public Schools

Many public schools in the United States ask students to recite the Pledge of Allegiance. Some students object to the practice for reasons of conscience. Both the Oregon Legislature and the courts have developed a common-sense solution to the conflict: a school may lead students in reciting the Pledge, but it must also respect the wishes of students who choose not to join in.

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