Do students have different rights and protections when they are in school?

There are laws in place that are designed to provide protection and preserve the rights of students in schools. While students do not lose their rights when they are in school, school administrators may legally restrict, or limit, some of those rights. Students are protected by the U.S. Constitution, federal statutes and state statutes and laws.

For example, Title VI (Six) of the Civil Rights Act protects students from discrimination by a school officer based on race, color or national origin. The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA) protect students with disabilities from improper discipline. State laws also include civil and criminal statutes that protect students from the use of unreasonable force by police officers. Check out the Students with Disabilities guide in this toolkit to learn more about school safety and specific protections for students with disabilities.

Courts have said that school administrators are able to do certain things to maintain safety and order in schools, but this means that the rights that young people would normally have outside the school building may be limited on campus. For example, schools have different rules about searching backpacks and lockers and are generally protected if the searches are considered “reasonable,” even if the search is performed by a school police officer.

Resources for Students!

There are wonderful organizations across Texas that support students who have been accused of misbehavior in school. In the Houston area, the Earl Carl Institute provides legal representation to students through its Juvenile Justice Project.