5 Rights Your Child Has in School That You Should Know About

Federal and state laws protect the rights of students in school, yet many parents are unaware of their child’s legal protections as a student. As your child heads back to school this year, make sure you know his rights and entitlements to services. Here are five rights that your child—from kindergarten to high school—possesses in a public school:

The right to be safe

Ultimately, every parent’s biggest concern is the safety of his or her child. Luckily, with certain limitations, teachers and administrators have the general duty to act as a parent when protecting their students, under the doctrine of in loco parentis. While this is not a guarantee of safety, your child has the right to supervision in school and the right to be safe from foreseeable harm, which should ease some of your worry.

The right to freedom of speech

Especially in today’s political climate, it is important to know when your school district is legally allowed to stop your child from protesting or speaking up. This is far less often than you probably imagine. Students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” according to the U.S. Supreme Court. Under the First Amendment, students have the right to free speech, as long as it does not cause a substantial disruption in school or interfere with the rights of others. For example, if a student walks out in a peaceful protest of school shootings, he may not face school discipline, even if the protests deviate from school-sanctioned protests.  

The right to be free from severe and pervasive bullying and harassment

Bullying can have a devastating effect on any child and it is the obligation of the school to take reasonable steps to protect students from that harm.  New York State’s Dignity for All Students Act seeks to provide students with a safe and supportive environment free from discrimination, intimidation, harassment, and bullying in school or at school-related activities. School districts must take appropriate action to prevent bullying and harassment and cannot be deliberately indifferent. This includes off-campus harassment or bullying where there is some sort of connection to the school.