It is difficult to walk into the office of a principal. I recall that a high school student was suspended last year without any explanation of the reason. No hearing. No explanation. Just “pack your things.”
That’s not how it should work.
Students have rights. Official, enforced legal safeguards that most teachers and parents are not entirely knowledgeable about. The 2024 and early 2025 landscape transformed greatly, with new court rulings defining what schools are capable and incapable of doing.
Laws vary globally, as seen in tenant rights in the U.K. and Canada. Staying updated on taxation law changes can save time and money. Families should also understand the difference between custody and guardianship when dealing with child matters.
Let me break this down for you.
Understanding the Foundation: Constitutional Rights Don’t Stop at the School Gate
It is what the Supreme Court said decades ago in Tinker v. Des Moines (1969), and it still is true: students do not lose their constitutional rights…at the schoolhouse gate.
But what then is the practical meaning of that?
It’s complicated. Schools have valid interests of order, safety and good learning environment. This is because you have rights as a student, but they are evened out by these institutional needs.
Think of it like a scale. On the one hand, your constitutional rights. On one end, there is the role of the school to impart learning to hundreds or thousands of students safely. These competing interests are always weighed in courts.
The Reality Check
The thing that most students do not know is that you have rights in school, but these rights are not exactly the same as those when you are not in school. A state school will not stop you wearing your political t-shirt as the security guard of the mall would do, but they are more qualified than anyone in the street.
Private schools? There is quite another ball game. They are run on a contractual basis, rather than constitutional provisions. More on that later.
Free Speech Rights: Where Students Can and Cannot Draw the Line
And can a teacher take your phone and post a meme about the food at the cafeteria? What of staging some protest against school policies?
This question is determined by a number of factors.
The Tinker Standard Still Rules (Mostly)
Students in the public school are allowed to express themselves except that:
- Significantly interferes with school processes.
- Invades the rights of others
- is obscene or indecent (see Bethel v.) Fraser, 1986)
- Seems sponsored by school and goes against the mission of education (see Hazelwood v.). Kuhlmeier, 1988)
Another case of the 9th Circuit (J.W. v. Palos Verdes Peninsula Unified School District) in 2024 made this point clear: off-campus speech cannot be punished by the school unless it causes a serious disturbance on campus.
This was of a student who wrote about school administration on Instagram over the weekend in a critical manner. The school suspended her. The court replied no–that was too far.
Social Media Changed Everything
The new frontier is off-campus speech.
In 2021, the Supreme Court decided Snapchat rant (with extensive profanity) posted by a student off-campus over the weekend in Mahanoy Area School District v. B.L. that the speech was in the first amendment category. The school could not penalize her on it.
However this is where it gets tricky. If your off-campus post:
- Threatens violence
- Bullies specific students
- Produces real fear or instability which extends into school.
Then schools are in a position to take action. As a 2024 case in Texas supported a suspension that a student in a Tik Tok video said something big was coming to school. Context matters enormously.
Student Journalism and School Newspapers
Publications that are sponsored by schools have less protection under Hazelwood. The administrators can practice editorial control when they have justifiable educational causes.
Nevertheless, 15 states currently have New Voices bills which re-establish more freedom of press to student journalists. California, Kansas, Maryland, and others resulted in legislation into which administrators had a bit more protection over student reporters.
Did your state pass one? Current information Check Student Press Law Center.
Privacy Rights in Schools: Your Locker, Phone, and Personal Information
Is it within the rights of schools to search your backpack? Read your emails? Provide surveillance cameras in the bathrooms?
There are answers that are obvious to some of them. There are others living in grey areas that the courts still are trying to figure out.
The Fourth Amendment and “Reasonable Suspicion”
The New Jersey case v. T.L.O. (1985) provided that the school officials required a reasonable suspicion to search the students, rather than a probable cause as police officers would have required.
That’s a lower bar. Much lower.
The teacher can search you when he has reasonable suspicion that you are concealing some dangerous object or committing a school rule violation:
- Your locker (which is the lawful possession of the school)
- Your backpack
- Your pockets
- Even in the school parking lot sometimes.
However, this is the limit here, as the search should be reasonable in extent. There are a lot more concerns regarding strip searches. The case Safford Unified School District v was ruled in the Supreme Court. According to Redding (2009), strip-searching a 13-year-old because he took ibuprofen was unconstitutional.
Common sense applies. The intrusiveness of the search should be met by the severity of the suspected violation.
YOUR DIGITAL PRIVACY: Phones, Laptops, and Emails.
This area evolved rapidly in 2024-2025.
A lot of schools are providing laptops or tablets. Are they able to keep track of all that you do on them? Yes–usually, when you are using school-provided devices on school networks. There is little expectation of privacy there.
It is not the case with your personal phone.
In a Pennsylvania (Commonwealth v. G.D.) decision of 2024, school officials had to have more than a reasonable suspicion in order to compel a student to unlock his smartphone. The court observed that there is much more personal information in phones than on a backpack.
Today, some schools are demanding parental permission to search personal devices. Go and consult your student handbook.
FERPA: Your Student Records are Secured.
Family Educational Rights and Privacy Act (FERPA) provide students (and parents of minors) with the rights that are important:
- Entitlement to examination and see school records.
- Right to seek corrections on faulty information.
- Privacy of disclosure of personally identifiable information.
Without your permission, schools are not allowed to spread your grades, disciplinary history or any personal information, except in rare cases (such as to other schools you are moving to).
I had a case on which a high school had honor roll names posted publicly. The parents of one of the students raised no objection over safety. They were allowed to decline such disclosure of their directory information by FERPA.
Know your FERPA rights. They’re powerful. Additional information on the Department of Education FERPA.
Due Process: You Can’t Just Be Expelled Without Fair Procedures
Being kicked out of school is no laughing matter. It influences your future, your future, your education all of it.
The Constitution calls on the fair process.
Goss v. Lopez: The Foundation of Student Due Process
The 1975 Supreme Court case involving suspension of students provided that students who are in danger of suspension are entitled to:
- Intimation of the charges made against them.
- Explanation of the evidence
- The possibility to present both sides of the story.
This is in the case of short suspensions as well. To have longer suspensions or expulsion more formal procedures are necessary–they may include:
- Formal written notice consisting of certain charges.
- Proper time to prepare a defense.
- Formal hearing
- Right of witnesses and evidence.
- Right to impeach hostile witnesses.
- Right to counsel (under certain circumstances)
- Final report with the findings.
- Appeal process
Sounds like a trial? It should. Educational opportunities are property rights that fall under the Fourteenth Amendment.
What Schools Often Get Wrong
I have witnessed too many procedural abuse. Common mistakes include:
- Explaining afterwards (in reverse) by suspension.
- General accusations such as disruption, but not with particular incidences.
- Rossonello, not letting the students speak.
- The refusal to allow parents to attend hearings.
- Incident outcomes (merely going through the motions)
According to a 2023 study by the Civil Rights Data Collection, more than 2.6 million K-12 students were suspended out of school. And how many were given the due process? Difficult to say, but advocacy groups put the estimation of procedural violation at 30-40 cases.
College and University Due Process
Discipline in higher education is also operated with the same principles, but in a more formal way. Title IX proceedings (sexual misconduct) now have certain requirements following regulatory changes on and after 2024:
- On-the-fly trial of college cases.
- Opportunities of cross-examination (by representatives)
- Equal access to evidence
- Trained decision-makers
- Appeal rights
These rules moved around in politics and therefore consult existing federal directives in case you are in a Title IX case.
Knowing the rule of law helps you handle legal issues with confidence. If your spouse refuses divorce, understanding your rights is vital. Business owners should also learn the legal responsibilities of a company director to stay compliant.
Discrimination Protections: Equal Treatment Under the Law
The schools cannot discriminate against:
- Race
- Color
- National origin
- Sex
- Disability
- Religion
Several federal regulations provide these safeguards.
Title VI: Racial Discrimination
The Civil Rights Act (1964) of Title VI of the Act forbids racial discrimination in federally-funded schools. That is practically all of the public schools and majority of the privatized universities.
But enforcement? Inconsistent.
The Fair Admission Practice by Students case of 2023 by the Supreme Court. The race-contrite admissions in higher education were abolished at Harvard. This revamped the way colleges are admitted though it did not have any impact on K-12 desegregation initiatives and harassment laws.
Racial harassment is still banned. Title VI allows remedy in case you are subjected to racial slurs, exclusion, or hostile environment because of your race. Schools have to react or be sued.
Title IX: Sex Discrimination and Sexual Harassment
The most famous student protection legislation currently is Title IX.
No individual in the United States will based on sex, be excluded to participate, benefit, or be discriminated in any education program or activity that is receiving Federal financial assistance.
That covers:
- Sexual harassment
- Sexual assault
- Dating violence
- Pregnancy-based discrimination.
- Gender identity (hotly contested) discrimination.
2024-2025 Revisions: In April 2024, the Department of Education published new Title IX rules that will take effect in August 2024. These were broadened in the sexual orientation and gender identity.
Nevertheless, several states filed instant suits. By January 2025, federal injunctions are preventing the implementation in 26 states. Different rules might be applicable in Idaho, Louisiana, Texas, and other states where the plaintiff is.
What does it imply in actual sense? Protections of Title IX differ currently by location. Find out what is happening to your state.
Title IX coordinators are required in schools. They should ensure that they look into complaints early enough. They are forced to make temporary protective measures. They are not able to revenge complainants.
Contact information and name of Title IX coordinator. It should be publicly posted.
Section 504 and ADA: Disability Rights
The students with disabilities are well-guaranteed by:
- Under the Rehabilitation Act (1973) Section 504.
- Disability legislation (1990) in America.
- Individuals with Disabilities Education Act (VIDA).
These laws require:
- Free appropriate public education (FAPE).
- The environment with the least restrictions.
- Reasonable accommodations
- Accessible facilities
- Individualized Education Programs (IEP) or 504 Plans.
In case you possess a documented disability, learning disability, ADHD, anxiety, physical disability, anything, you are entitled to equal access provision.
It is not possible to have schools punish you due to your disability, which manifests itself through behavior. They need to perform long-term suspension manifestation determinations in advance.
A friend’s son has autism. He had a breakdown and shoved one teacher. The school wanted expulsion. We applied to manifestation determination hearing. The staff decided that his disability and the IEP did not work. They did not expel him but they did update his IEP with more favorable supports.
That is the law going about its business.
Religious Freedom
First Amendment safeguards the practice of religion. You can:
- Pray either alone or in groups during non-instruction.
- Put on religious clothes or insignia.
- Get absolved of activities which go against religious beliefs (in most incidences)
- Form religious clubs equally with the other student organizations.
What schools cannot do:
- Direct prayers or religious training.
- Prefer one of the religions to the other one.
- Outlaw personal expression of religion.
Recent cases of the Supreme Court (Kennedy v. A case that reinforced the rights to express religion was Bremerton School District, 2022) but this time the coach was involved, rather than students. Religious speech that is initiated by students has always been highly protected.
Special Protections for Student Athletes and Extracurricular Activities
Is it your right to play football? Not exactly.
Joining extra-curricular activities is not one of the fundamental constitutional rights, but once such activities are provided by schools, they should be done fairly and equally.
Athletic Participation
Schools are able to establish eligibility:
- Academic standards
- Conduct codes
- Tryout/skill requirements
However, they should be equally and without discrimination.
Title IX transformed the sporting activities of girls and women. Equal opportunities to athletic opportunities in schools should be offered irrespective of sex. It does not imply the same teams, but the opportunities, resources, and treatment have to be fair.
The 2024-2025 discussions on transgender athletes as contestants generated legal disorder. The course of different states was diametrically opposite:
- Other states prohibited transgender girls to girls teams.
- The rights to participate of transgender athletes were safeguarded in other states.
- There are court challenges in various circuits.
This is still very unresolved. In case it applies to you, you should also seek advice in your state with advocacy groups such as the ACLU or Lambda Legal.
Drug Testing
In Vernonia School District v. student athletes, the Supreme Court permitted random drug testing. It was later extended to students in competition extracurricular activities in Board of Education v. Acton (1995). Earls (2002).
When you choose to join these programs voluntarily, then your right to privacy is diminished. The drug testing can be used as a condition of participation in schools.
Some states limit this. Oregon, as an example, demands schools to be of standards higher. Know your state law.
Rights in Private vs. Public Schools: A Critical Distinction
All of what I have mentioned above is mainly applicable to the public schools.
With the case of the private schools, this is different.
It’s important to know how to read a legal document effectively to avoid mistakes. The common law system still shapes modern judgments. Students should be aware of the legal rights of students in educational institutions for fair treatment.
Constitutional Rights Don’t Apply to Private Schools
The Constitution does not bind the private institutions because they are not government actors. They can:
- Impose more rigid speech codes.
- Demand religious following.
- Keep dress codes that were not possible in the public schools.
- Apply alternative disciplinary action measures.
The connection that you have with a private school is a contract. You have accepted their rules by joining them. They are allowed to impose those rules provided that they do not break:
- Anti-discriminatory legislation (which applies to the privately run schools in most instances).
- Contract law (they have to act in accordance with their own policies)
- State consumer protection legislation.
Look through your enrollment agreement. And those are rules you have accepted.
Private Universities and Fundamental Fairness
The due process protections of a public university are often given in a voluntary manner by the private colleges. Why? Fear of lawsuits, reputation and accreditation standards.
Although not mandated by the constitution, most of the quality-established private universities offer hearings. They promote fairness in their handbooks that makes them have a contractual obligation.
I dealt with a student who was expelled in a private university without any hearing. The handbook issued by the school itself assured one. We brought a lawsuit on grounds of breach of contract and were successful. The proper process of his admission was made.
Be aware of what your school says they will do, and see them through on it.
Emerging Issues: Technology, AI, and Student Rights
Technology in education is changing the legal environment at a very high rate.
Surveillance Technology
Schools increasingly use:
- Facial recognition systems
- Social media surveillance services.
- Tracking the location of school devices.
- Internet and email surveillance.
- Artificial intelligence behavior prediction.
Is this legal? Possibly, but policies are on the rise.
A number of states have now restricted facial recognition within schools. Washington banned it in 2020. Other states are pondering over legislation of the same nature.
Student privacy activists are alarmed about what they are referring to as surveillance creep, or the tendency to gradually normalize the practice of constant surveillance. The technology has not been matched with the legal structure.
AI Tools and Academic Integrity
New challenges were introduced in 2023-2024 by ChatGPT and other AI tools. Can schools ban them? Penalize the use by students?
Academic integrity policies can be established in schools. In the event the policy explicitly disallows AI help with tasks, the breach will lead to a punishment.
However, the policies that were written in 2022 do not tend to mention AI. The punishment of an act not easily forbidden, but retroactively, creates the problem of due process.
In addition, AI detection software has a bad reputation. I have witnessed the falsely accused students due to inaccurate AI detectors. In case of an accusation in an AI use, you can request the evidence and methodology to be contested.
The technology is evolving at a high rate compared to school policies. The litigation over AI and academic honesty will be huge in 2025-2026.
Pros and Cons of Current Student Rights Framework
| Pros | Cons |
|---|---|
| ✅ Constitutional protections apply to public school students | ❌ Rights are more limited than adults’ rights outside school |
| ✅ FERPA protects educational record privacy | ❌ Lower search standards (“reasonable suspicion” vs. “probable cause”) |
| ✅ Due process required before serious discipline | ❌ Inconsistent enforcement and many schools violate procedures |
| ✅ Strong anti-discrimination laws (Title VI, Title IX, Section 504) | ❌ Political battles leave some protections (like Title IX) in flux |
| ✅ Special education students have extensive IDEA protections | ❌ Private school students lack constitutional protections |
| ✅ Free speech rights allow political and religious expression | ❌ Schools can censor “school-sponsored” speech broadly |
| ✅ Recent cases expanded off-campus speech protections | ❌ Digital privacy protections lag behind technology |
| ✅ Title IX created equal opportunities in athletics and education | ❌ Many students and families don’t know their rights |
Practical Tips: How to Protect Your Rights as a Student
It is no use knowing your rights when you are unable to enforce them. These are some of the tips of years of education law practice:
1. Read Your Student Handbook
Seriously. I know it’s boring. That handbook has the rules in it that govern you. It is a contract, schools shall abide by their own rules.
Make it clear on discipline, appeals and your rights. Keep a copy at home.
2. Document Everything
In case you are under discipline or being discriminated:
Record the occurrence in terms of dates, times and witnesses.
- Save all emails and texts
- Demand any reports or investigations.
- Copy screenshots of the pertinent social media (prior to deletion)
- Documentation wins cases. Memories fade. Records don’t.
3. Know the Key People
Who’s your:
- Principal or dean?
- Title IX coordinator?
- Section 504 coordinator?
- Members of school boards (in the case of publicly-owned schools)?
There is no way you can claim your rights when you are not aware who to call.
4. Use the Grievance Process
Schools contain official complaint policies. Use them. It may be gratifying to go straight and confront a lawyer or the media, but courts may insist that you first must go through with administrative remedies.
Make formal complaints of files. Ask the responses to be in written form. Follow the process.
5. Get Help When You Need It
Certain cases demand the services of a professional:
- Special education conflicts usually require the presence of advocates or lawyers.
- Expulsion (long-term suspension) needs legal assistance.
- Problems with discrimination and harassment are complicated.
- There are procedural requirements of Title IX cases.
Organizations that help:
- ACLU (civil liberties issues)
- Legal Aid (income based free legal services)
- Special education: Disability Rights Education & Defense Fund.
- Student journalism Student Press Law Center.
- FIRE (free speech on university campuses)
Law Info is another source of general legal information on any legal topic and resources.
6. Consider the Long Game
It is challenging and time consuming to fight the school. And sometimes it pays to do so–when your future in education is involved, or when it involves doing right.
It is better to choose your battles when other times. Wearing dress-coded in ripped jeans? Most likely not worth a federal lawsuit. Thrown out without even being heard because of something you had not done? Fight that.
What’s Coming: Future Trends in Student Rights
According to the trends of litigation and legislative activities, consider:
Wider privacy provisions: A number of states are looking at other privacy laws on student data on top of FERPA. There will be increased regulation of educational technology and surveillance.
Social media clarification of speech: The courts will keep on delimiting the scope of school control of off-campus online speech. This was the beginning of Mahanoy case, yet there are dozens of questions left.
Title IX was not over yet: Title IX will never be a smooth sail, no matter who is in the executive office. The policies that protect gender identity, the right to participate in sports, and the right to due process will lead to persistent litigation.
AI and education: New policies and potentially legislation on AI tools, AI detection, and algorithmic decision-making in education.
Mental health: increasing awareness of the fact that mental health is a component of educational access. Anticipate disability coverage of anxiety, depression and other mental illnesses on the part of the students.
Frequently Asked Questions
The teachers may seize the phones when the school policy permits such actions but reading the personal messages will need reasonable suspicion of a particular infraction. Most schools have been compelled to seek parent approval in phone content search. Always check your handbook.
No. You may sit all silently during the Pledge without being punished. This has been established law since 1943 and you cannot be coerced to do it in schools.
No, normally, unless your post makes it very violent, grossly bullies other students, causes a great deal of disturbance in school. Ordinarily, critique of the school off-campus is a journalistically safe speech.
Make a complaint in the official form used by your school- call the head of the school, Title IX coordinator or Section 504 coordinator. Document everything. Failure to respond by the school will lead to filing with the Office of Civil Rights or seeking the services of an attorney.
Unless you agree under the FERPA. But most applications inquire into suspensions or expulsions, and you will be required to make disclosure. Look into your high school report on transcripts.
Final Thoughts
The rights of students are not mere theories of law. They are actual safeguards that influence actual lives.
I have witnessed the cases of students whose future had been rescued due to someone being aware of their rights and doing something to save them. I have also witnessed students being steamrollered by the systems that were unaware of the simple fairness.
The law is in your favor than you may imagine. You must know it, play with it, and even struggle over it.
The impact of schools on the life of the youth is enormous. Necessary limitations to that power are created by the legal rights. They also make sure that students are treated not as objects to be manipulated but as people who have dignity and constitutional rights.
Stay informed. Document everything. Use available resources. And have no fear to resume when violated of your rights.
Your education matters. Your rights matter. And the law recognizes both.
