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.

READ MORE: The rights of young people in Oregon

Litigation

Oregon Schools Must Protect Transgender Students

UPDATE: January 20, 2015 - We sent a letter outlining the rights of transgender students to the Dallas School Board ahead of a special meeting held last night. The letter read, in part:

"The refusal to allow transgender students to use the same facilities used by other students in accordance with their gender identity violates Title IX and impairs students’ ability to learn, grow, and thrive in the school environment. Research shows that denying transgender people access to facilities that correspond to the gender they live every day holds serious consequences for them, negatively impacting their education, employment, health, and participation in public life. Conversely, full acceptance of a student’s gender identity—including allowing them access to gender-appropriate facilities —goes a long way toward providing a welcoming environment and a positive educational experience. Moreover, disclosure of a student’s gender identity, without their permission, is against the law and can have serious, long-term negative repercussions. It is critical for schools to respect the privacy of transgender students, even if the school is operating with no ill intent."

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I [Heart] Boobies

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

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Legislation

PRIVACY: Social Media Privacy in Education (SB 344) (2013)

A companion bill to HB 2654, which prohibits employers from compelling access to an applicant or employee’s social media account, SB 344 extends this prohibition to Oregon colleges and universities, restricting their access to applicants’ or students’ private social media accounts.

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EQUAL PROTECTION: Require Schools to Adopt Fair School Discipline Policies (HB 2192) (2013)

We supported HB 2192, which promotes the types of behavior and discipline practices in schools that focus on keeping students safe and keep students learning.

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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.

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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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