civ∙il lib∙er∙ties THE ACLU OF THE NATIONAL CAPITAL AREA (ACLU-NCA) is dedicated to defending and promoting the fundamental principles and values embodied in the Bill of Rights and the U.S. Constitution. Founded in 1960 as the Washington-area affi liate of the American Civil Liberties Union, the ACLU-NCA is one of the nation’s foremost defenders of civil liberties and civil rights. The ACLU-NCA is a not-for-profi t, nonpartisan organization with two chapters in adjoining Maryland counties and about 10,000 total members in D.C. and Maryland.

1400 20th St., N.W. Suite 119 Washington, DC 20036 (202) 457-0800 www.aclu-nca.org

THE AMERICAN CIVIL LIBERTIES UNION is the nation’s premier guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and freedoms guaranteed by the Constitution and the laws of the United States. STUDENT RIGHTS IN MONTGOMERY COUNTY, PRINCE GEORGE’S COUNTY AND THE DISTRICT OF COLUMBIA

An ACLU guide to some of the most important questions that public school students have about their rights and liberties

★★★

Brought to you by the ACLU of the National Capital Area with funding by the Tony Dunn Foundation STUDENT RIGHTS IN MONTGOMERY COUNTY, PRINCE GEORGE’S COUNTY AND THE DISTRICT OF COLUMBIA

Published December 2007

THE ACLU OF THE NATIONAL CAPITAL AREA 1400 20th St., N.W. Suite 119 Washington, DC 20036 (202) 457-0800 www.aclu-nca.org

Expanded and updated contents available online at www.studentrightsworld.org.

Copyright © 2007 by the ACLU Fund of the National Capital Area. All rights reserved. CONTENTS

Introduction ...... 5 Student discipline and due process ...... 25 About this publication ...... 5 Student discipline in the District of Columbia ...... 25 About the ACLU ...... 5 Short suspensions in D.C...... 26 Asking the ACLU for legal help ...... 6 Long-term suspensions and expulsions in D.C...... 26 Acknowledgements ...... 6 Student discipline in Maryland ...... 27 Short suspensions in Maryland ...... 28 Your right to education ...... 7 Long-term suspensions and expulsions in Maryland ...... 28 School attendance ...... 7 Discipline for students with disabilities ...... 29 Non-English speaking students ...... 7 Discipline for off-campus conduct ...... 30 Special education ...... 8 Discrimination and harassment ...... 8 Student searches and incidents with the police ...... 31 Discrimination based on race, nationality, or ethnicity ...... 8 Mass searches ...... 32 Gender discrimination ...... 8 Drug testing ...... 32 Discrimination based on sexual orientation ...... 8 Video surveillance in school ...... 33 Student harassment at school ...... 9 Police offi cers at school ...... 34 Different treatment because of medical or health conditions ...... 9 Police contacts outside school ...... 34

Freedom of expression ...... 10 Sexual health and education ...... 35 Speech and expression ...... 10 Military registration, recruiters and school ...... 38 Student publications ...... 11 Internet activity ...... 12 Problems – what can you do? ...... 41 Demonstrations and leafl ets ...... 14 Grievance or complaint procedures ...... 41 Clubs and activities ...... 16 How to make change ...... 41 Dress codes, uniforms and personal appearance ...... 16 What about rights of private school students? ...... 44 Library and classroom books ...... 18 Flag salute and Pledge of Allegiance ...... 19 What about rights of students in charter schools? ...... 46 Freedom of religion...... 19 Endnotes ...... 47 School records and information privacy ...... 23

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INTRODUCTION

ABOUT THIS PUBLICATION ABOUT THE ACLU This is information about your rights as a student if you attend a regular The American system of government is founded on two counterbalancing public school in Washington, D.C., or the two adjoining Maryland coun- principles: that the majority of the people governs, through democratically ties, Montgomery and Prince George’s. Public schools in Maryland share elected representatives; and that the power even of a democratic majority a set of state laws and regulations as well as their own districts’ rules; all must be limited, to ensure individual rights. D.C. schools are under the D.C. public school rules. Students attending private or charter schools have rights, but rules may differ greatly from Majority power is limited by the Constitution’s Bill of Rights, which con- school to school and are based on different laws and regulations than those sists of the original ten amendments ratifi ed in 1791, plus the three post- discussed below. Thus it’s risky for a private or charter school student to Civil War amendments (the 13th, 14th and 15th) and the 19th Amendment draw any conclusions from the texts that follow. The subject of rights for (women’s suffrage), adopted in 1920. private and charter school students is addressed briefl y in sections at the end of this material. The mission of the ACLU is to preserve all of these protections and guarantees: This ACLU publication provides general information only. This is not • First Amendment rights – freedom of speech, association and legal advice. You can only obtain legal advice from a lawyer. If you need assembly; freedom of the press, and freedom of religion. legal advice for a specifi c situation, contact an attorney who can hear the details and consider the law that applies. The ACLU makes every effort to • The right to equal protection under the law – equal treatment make these legal education materials accurate at the time of publication. regardless of race, sex, religion or national origin. But laws change frequently and courts change their interpretations of laws. • The right to due process – fair treatment by the government Therefore, as time goes by the ACLU can’t guarantee the accuracy of this whenever the loss of liberty or property is at stake. information. • The right to privacy – freedom from unwarranted government The most up-to-date information on student rights in this area and links to intrusion into your personal and private affairs. other useful third-party sites are available at our Student Rights World site We work also to extend rights to segments of our population that have on the Web. Find it at www.studentrightsworld.org. Note that the ACLU traditionally been denied their rights. If the rights of society’s most vulner- does not endorse others’ sites or verify the accuracy of information on able members are denied, everybody’s rights are imperiled. The rights of those sites and the ACLU is not responsible for the contents of any third- students have been a special focus for decades. party resources. References to links in this publication or on the student rights site do not imply the endorsement, recommendation or approval of The ACLU was founded by Roger Baldwin, Crystal Eastman, Albert any other site by the ACLU of the National Capital Area. DeSilver and others in 1920. The ACLU is nonprofi t and nonpartisan and has grown from a roomful of civil liberties activists to an organization of more than 500,000 members and supporters. The ACLU handles nearly 6,000 court cases annually from offi ces in almost every state.

5 The ACLU has maintained the position that civil liberties must be re- To ask if the ACLU can assist you, contact us with the details. With regret spected, even in times of national emergency. The ACLU is supported by we have limited resources so we often must decline requests that involve annual dues and contributions from its members, plus grants from private real injustice. Even if we can’t help directly, we try to suggest useful action foundations and individuals. We do not receive any government funding. steps or other resources. You can reach our offi ce as follows (we don’t take requests for legal help by email): This publication is part of the public education mission of the ACLU. The ACLU of the National Capital Area ACLU does its work through court cases, advocacy in legislatures (in this 1400 20th St., N.W. Suite 119 area, including the District of Columbia Council and the county councils Washington, DC 20036 in the Maryland suburbs), and public education. (202) 457-0800 The ACLU of the National Capital Area is one of over 50 offi ces To avoid distracting from the text with advice along the way about steps (called affi liates) that make up the ACLU. Thousands of members in the students can take to deal with problems big and small, we collected that Washington, DC, area support our work, including work with students. into a separate section at the end. For information on the national organization and the other affi liates, see the national Web site, www.aclu.org. Our affi liate has its own site, at www.aclu-nca.org. ACKNOWLEDGEMENTS The ACLU-NCA is grateful for a special grant from the Tony Dunn ASKING THE ACLU FOR LEGAL HELP Foundation that made possible a signifi cant expansion of our work on student rights including this publication and the companion web site. The If you are a student in a situation where you are concerned about your research for the project was begun by Jessica Langley and the text legal rights, for example appealing at some stage of school discipline, take is principally the work of staff attorney Fritz Mulhauser, aided by Alyaa note of deadlines for action. You may lose important rights if you do not El-abbadi, Dave Ferris, Sara Kane, Jim Silver and Mark Vorkink. read the applicable rules carefully, fi nd an attorney or adviser promptly to help you, and take action within deadlines.

6 YOUR RIGHT TO EDUCATION The law 7 8 12 Federal law requires that all law Federal 10 11 school districts receiving federal funding provide federal funding provide school districts receiving to learnclasses for non-English speaking students English. No, but schools must help students learnNo, but schools must help students English. Thirty ago, the Supreme Court years heard a case that San Francisco schools in the public involving students of had thousands of non-English speaking them no help to learn Chinese ancestry and gave The Court a mockery said this “make[s] English. education.” of public 9 NON-ENGLISH SPEAKING STUDENTS NON-ENGLISH requires parents to see that their children attend school. their children attend parents to see that requires ★ be a right to students have Do non- or limited-English-speaking language? educated in their own bilingual or schools to provide require and Maryland law Both D.C. suited to the needs of programs English-as-a-Second-Language (ESL) That is so students language skills. students with no or limited English fall math, behind in subjects like won’t English well use don’t who learn they English. science, and literature while At what age can I leave school legally? school can I leave age At what in reaching age 16 attend school until to law are required by Students and until graduating age 18 in D.C. or reaching Maryland, absences or my for can I excuse myself old, If I am 18 years permission? or guardian’s a parent to get do I still have requests written their own make 18 and older may are Students who the by approved are they provided are valid which for school absences, principal. 7

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4 5 YOUR RIGHT TO EDUCATION TO RIGHT YOUR In D.C., students shall students In D.C., 1 3 Your district may offer a choice of schools, or a chance offer district may Your 6 SCHOOL ATTENDANCE SCHOOL You may not be barred from attending school simply because of physical not be barred of physical because from attending school simply may You The marriage, homelessness or immigration status. pregnancy, disability, are suspended or ex- school if you from attending you prevent school may other students, or have that might affect an infectious disease have pelled, mandatory immunizations. not received to apply to attend outside your own area. There may be a lottery to assign There may area. own to attend outside your to apply must attend the school that you scarce seats in open schools. But usually not enroll in a school in may You live. you serves the small area where tuition. pay unless you live you another school district than the one where Because continuous and stable education is important, Because continuous and stable schools must try a to keep public Maryland and D.C. becomes homeless in his or her original student who wishes). school (unless that is against the parent’s be afforded a free education from pre-kindergarten a free education through high school. be afforded Can I choose which school to attend? school which Can I choose a person has a right to an education, but there is no right to attend A young particular school. What about school attendance for homeless students? attendance for What about school a right to equal become homeless have Students who to oth- education provided access to the same public maintain ers. Schools must help a homeless student services providing a secure and steady education by best interests that are in the student’s and programs programs. such as special education and counseling ★ attending? from me prevent cials ever offi Can school com- Maryland and merely are not D.C., Washington, people in Young educa- free public the right to a have to go to school; they law pelled by the ages of 5 and 21 shall be afforded between everyone tion. In Maryland, a free primarysecondary education. and public YOUR RIGHT TO EDUCATION of theschoolyear22. thatthestudentturns available tochildrenwithdisabilitiesfromtheageofthreethroughend undocumented or “illegal” immigrants frompublicundocumented or“illegal” immigrants schools. the student turns 21. the studentturns throughtheendofschoolyearchildren withdisabilitiesfrombirth that on sex, includinginany activity. kindofschoolsports No –withsomeexceptions. Schoolsgenerally may notdiscriminatebased Are schools allowed tooffer openonlytoboys orgirls? sports so on. activities, andpunishmentsforbreakingthem, extracurricular rules academics, availability (books,equipment,etc.), ofthetoolsforlearning The laws forbidsex discriminationanywhere inschool,which meansin May boys andgirls betreated differently inschool? Gender discrimination: athletics andotheractivities. since itisn’t relevant inacademics, toenrollinginschoolandtakingpart school officials shouldn’t even status, askstudentsabouttheirimmigration race, religion,ornationalorigin. fi Constitution andlaws prohibitactionsby aschoolsystemorof- Amendment addedtotheConstitutionafterCivil War. Thus the Equal protectionofthelaws isaprinciplefoundintheFourteenth What ismy legal righttobetreated equallyinschool? Discrimination basedonrace, nationality, orethnicity: ★ ties. inmainstreamclassesalongsidetheirpeerswithoutdisabili- participate tain aneducationappropriatetotheirneedsand, totheextent practicable, mustbeprovidedservices tostudentswithdisabilitiessothatthey canob- Yes. Underbothstateandfederallaw, specialeducationalprograms and or physical disabilities? Do schools have toprovide specialhelptostudentswithlearning ★ cials thatdiscriminateandharassmentagainststudentsonthebasisof DISCRIMINATION ANDHARASSMENT SPECIAL EDUCATION 13 In Maryland special education and related services areavailable specialeducationandrelatedservices InMaryland to 18 14 InD.C. are specialeducationandrelatedservices 16 Schoolscannotexclude childrenof 15 19 Separateteams 17 Ingeneral, 8 der, includinggenderidentity. discriminating againststudentsonthebasisofsexual orientationorgen- in D.C., PrinceGeorge’s, Counties areprohibitedfrom andMontgomery dates ofthesamesex to thepromorotherschoolsocialevents. Schools Schools insomecommunitieshave triedtostopstudentsfrombringing Can Ibringasame-sexdatetotheschool prom? staff) onthebasisofsexual orientationorgenderidentity. tected fromdiscriminationandharassment(by otherstudents,faculty, or Students inD.C. andPrinceGeorge’s Countiesarepro- andMontgomery Do gay andlesbianstudentshave rights? Discrimination basedonsexual orientation: as otherstudentgroups. mustberecognizedgroups andallowed toholdfunctionsinthesameway dom ofpoliticalexpression. his datetothepromviolatedrightunderFirst Amendment tofree- thatprohibitingagay hasruled studentfrombringing One federalcourt to choosetheirown dates,regardless oftheirsexual orientationorgender. forbothsexes.lar sport teams forgirlsandboys when schoolsprovide intheparticu- opportunities team.However, fortheexisting sport to try-out schoolscanhave separate athletics, amemberoftheexcluded sex shallbe afforded theopportunity sex hashistorically beenlimitedin the other, andwhere theexcluded for membersofonesex butnotfor versa. Ifthereisateaminplace programs offered toboys andvice- not bedeniedaccesstomostsports rugby). This meansthatgirlscan- wrestling, rugby, icehockey, (football,basketball, contact sports based oncompetitive skillsorin are OKonly where selectionis 20 22 24 23 That meansschoolsmustallow students Photo, courtesyofEddieVogtman 21 GLBTstudent YOUR RIGHT TO EDUCATION

32 33 34 This doesn’t apply only to pupils only apply This doesn’t 30 31 physician says immunization might harm the says physician student’s health. student’s confl or if a ict with their religious beliefs confl 29 provide a written statement that immunizations a written statement that immunizations provide immunizations under two conditions: if parents conditions: immunizations under two A student in D.C. schools may be exempt from required be exempt schools may A student in D.C. Maryland law allows a religious exemption if a student’s parent or guard- if a student’s a religious exemption allows Maryland law their “bona icts with ian objects on grounds that immunization confl and practices.” de religious beliefs fi Can a school exclude a student who is HIV positive? is HIV who a student exclude a school Can barred not be schools public from may is HIV-positive who A student No. a public on that ground against by be discriminated alone, or otherwise school district. school or shots and vaccinations? to get Do I have on religious grounds. exception qualify for a narrow you unless Yes, be prohibited from a student may law, Under both Maryland and D.C. against he or she has not had shots or vaccinations attending school if diseases. vaccine-preventable certain church or religious denomination. to a recognized parents belong whose However, if your family is only philosophically or morally opposed to im- morally or philosophically is only family if your However, for religious reasons, the school does munization rather than opposed to it to the immunization requirement. to grant an exception you not have 9

26 In

27 28 action against the cial refuses to take This includes harassment on the basis of sexual orientation. basis of sexual This includes harassment on the 25 Different treatment because of medical or health conditions: because of medical or health treatment Different certain or classes exclude me from activities school Can my or a parent? pregnant, because I am married, are parents have Married students and students who students, pregnant all other students, including the the same right to a free education as the school. by offered and programs right to participate in activities harasser. Under federal law schools can be held liable for teacher-on-student and for teacher-on-student can be held liable schools law Under federal reports if the student harassment sexual student-on-student the harass- cial and that offi ment to a school offi Student harassment at school: harassment Student or effectively not preventing for liable cials offi school Are or anti-gay racial, report sexual, if students intervening to them? harassment to complaints not act with deliberate indifference schools may Similarly, origin, or religion. national the basis of race, color, of harassment on general, a school will only be held responsible where offi cials had a report offi where be held responsible only general, a school will and the problem, did nothing or not enough to remedy of the harassment, opportunity. the student of an educational the harassment deprived School regulations regarding pregnancy must be aimed at protecting must be aimed at protecting pregnancy regarding School regulations itself. student or the educational process the health of the pregnant limiting by students against pregnant not discriminate Schools may imposing or by no health issue is involved when their activities students such as making pregnant special requirements on only notes from doctors to students, but not others, provide pregnant wishes to student if a pregnant However, participate in activities. of absence from school, then the school must allow a leave take at the same status as when the student to resume her education she left. FREEDOM OF EXPRESSION armbands. wearing buttonsor bolic speech,suchas also throughsym- not only verbally but express themselves class. Studentsmay an ideaorpoliticalviewpoint ofaclassdiscussionoroutside aspart rights ofothers. applieswhetherThis rule studentsarecommunicating educationalactivitythat expression doesnotdisrupt orinterferewiththe Students cannotbedisciplinedformerely expressing anidea,aslong opinions bothinclassandelsewhere. requireschoolstoallowMaryland studentstoexpress theirown ideasand school. Following theConstitution,schoolboardregulations inD.C. and Yes. You your constitutionalrightswhen donotsurrender you enterpublic Do Ihave arighttofreedom ofspeech while Iamatschool? Declaration ofRights. Constitutionhasasimilarguaranteeinthe Constitution, buttheMaryland acts ofgovernment. The only constitutionthatappliesin D.C. istheU.S. lies anddemonstrations.Itprotectseveryone intheUnitedStatesagainst action by meetingfreely withotherpeopleinclubs,organizations, ral- what you write,draw orphotograph andyour righttoexpress yourself in U.S. Constitution.Itprotectsallkindsofexpression –what you say, Freedom ofspeechisaguaranteefoundintheFirst Amendment ofthe What isfreedom ofspeech? ★ SPEECH ANDEXPRESSION 37 35 36 FREEDOM OFEXPRESSION 10 activity. and speechthatincitesotherstocommitactsofviolenceorotherillegal threatstoinfl actorscanprohibitandpunishtrue ernment ict bodily injury as they arenotprotectedanywhere. For example, schoolslike othergov- Yes, inthreeways. First, somekindsofspeechmay beprohibitedinschool Can theschool placelimitsandrestrictions onstudentexpression? under demonstrations. in several places,forexample inconnectionwithpublications and again ofeducationalactivities.venting disruption Suchlimitsarediscussedhere place andmanner”ofstudents’ ofpre- expression, forthe limitedpurpose Third, schooloffi trioofthe“time, cials canimposelimitsonthefamiliar school couldwell thinkthemessagewas use.” “encouragingillegal drug by thatstudentswere letouttoattend)andcouldbepunishedbecausethe speech by astudentat aschool-sponsoredevent (therewas aparadegoing that said, “BongHits4Jesus.” saidthatactionwasThe SupremeCourt student was punished forholdingasignonthesidewalk outside hisschool In onerecentdecisionthatgotalotofattention,an Alaska highschool in schooleven ifthespeechwould notbepunishable outsideofschool. limiting sexually explicit, indecent,orplainly offensive speechdelivered Second, theschoolmay actinplaceofparents,toteachgoodconductby because they don’t like thecontent. programs, includingoutsidespeakers. Principalscan’t disapprove allow Countyrules Montgomery student-plannededucational administration chooses. views arecontroversial, ordemandequaltimeforaspeaker the guest speakers, itcannotprohibitpoliticalspeakers becausetheir In general,iftheschoolallows tobringin studentsanopportunity that someoneofanopposingviewpointalsospeak? How aboutduringelectiontime?Cantheschool demand Can studentsbringinspeakers totalkaboutpoliticalissues? allows student-initiated speakers. 38 Obscenityisalsonotprotected. 41 40 PrinceGeorge’s County also 39

FREEDOM OF EXPRESSION monitored toseethatyou don’t accessanything “harmful.” andusecanbe useto “educationalpurposes” student in-schoolInternet usevagueties togoonline,becarefulbecauserules languageinlimiting penalties; D.C. don’t rules yet addressthetopic.Ifyou useschoolfacili- Public countieshave schoolsinbothMaryland limitsand similarrules, Can my school punishmefor how IusetheInternetatschool? ★ and distributebothschool-sponsorednon-school-sponsored materials. ( aboutstudents’visited 8/14/07)formoreinformation rightstopublish Check outtheStudentPressLaw Center’s Web siteatwww.splc.org Where canIgo for more information aboutstudent publications? opinion, however, isnotalways clear. can never belibelous. The linebetween andan afact it istrue. Also, only –your canbefalse facts opinion reputation. Nothingyou say orwritecanbelibelousif careful inyour research)andthatinjuressomeone’s know (orshouldhave isfalse known ifyou’d beenmore generally covers writingorsaying somethingthatyou someone’shurt reputation. The law iscomplex, but charge thatyou publishedthat statementoffact afalse shouldtake carenottoriskalawsuitAll studentjournalists forlibel–a discard it. publication willprobably isfactually untrue have theauthoritytoeditor teacher orprincipalwho finds astudent’s orothertext forsucha article sponsored publications(assemblies,etc.). orotherforums graduation, A Again, schoolshave power thegreatest tolimitstudentspeechinschool- Can school officials banspeech theyclaimisfalse? impact ofthisdecisiononothercasesinvolving unpopularspeech. take itdown when theprincipalasked. The ACLU aboutthe isconcerned upheldpunishmentofthestudentwhothe court displayed itandwouldn’t a sidewalk nearschool,andtherewas noevidence itwas disruptive –yet That caseinvolved astudent’s signwithanambiguousmessage,shown on both PrinceGeorge’s includepunishmentfor County andMontgomery INTERNET ACTIVITY 50 in The rules 12 regular school-sponsored activities. considered apublicorspacefreeofthecensorship thatcangowith forum then itcouldbe that isopentostudentwork fromthecurriculum, apart protection forfreeexpression when you walk intoschool. student writinggenerally. You donotcompletely loseyour constitutional similarto ofschoolissubjecttorules that appearsonlinedoneaspart Yes, dependingondetailsofhow thepublication operates. Studentwriting school newspaper? Can my school have thefinal say onstoriesinouronline prosecution. pending privileges) alltheway tosuspensionorrecommendingcriminal improper use,beginning withminordiscipline(callingparentsorsus- content that is “harmful tominors.”content thatis“harmful block accessto Web siteswithobscenity, childpornography, or any other Yes, fi schoolsandschool librariescaninstallInternet lter programs to library block Web sites? If Igo onthe Web from school computerscan the school orthe “school-sponsored” Web sitesaslongthelimitsarereasonably related ideas. However, teachersandschooladministrators cancensormaterialfor doesn’t theschoolorinterferewithothers’ disrupt righttoexpress their be punishedjustforexpressing your ideas,aslongyour expression 51 Web site.Butiftheschoolhasestablished a Web site work ofaschoolassignmentto doneaspart or ifstudentswork onthecontentinclassorpost workequipment (servers, stations,printers,software) ably “sponsored”iftheschoolsystemprovides the Like schoolnewspapers, sitesareprob- schoolInternet “sponsored” by my school? How doIknow ifa Web siteorchat room is to theschool’s educationalgoals. 54 53 52 Youcannot FREEDOM OF EXPRESSION le of le In con- 59 Another court 60 So you could So you 57 school computers that the district’s computer system school computers that the district’s crashed causing class cancellations. upheld expelling a middle school student whose a middle school student whose upheld expelling her with looks and showed a teacher’s site mocked and solicited donations to hire a hit her head cut off 58 The punishment was not for a true threat (which everyone agreed not for a true everyone threat (which The punishment was 61 get in trouble if school offi cials believe your online blog or site entirely or site entirely blog online your cials believe offi if school get in trouble at school that it hosted outside school has enough impact and developed That could happen, on-campus speech. “disruptive” could be considered and e-mail it to another stu- write something at home if you for example, and brings it to writing if someone else prints out your dent at school, or actions in site at school – and these Web school, or if a group looks at your didn’t if you on school operations, even effect turn cause some disruptive intend that. So what kinds of off-campus Web postings might be considered might be considered postings Web kinds of off-campus So what to school? disruptive of without more evidence can’t, Humor or criticism about school staff it causes, be punished under the disruption standard. problems intend). But the court to (1) considered the expression the student didn’t site at school, showed Web his be on-campus since the student accessed student and informed other students at school about it, and it to a fellow since it caused widespread concern and the (2) considered it disruptive and then for the rest of the year on leave so scared she went teacher was quit teaching. are unprotected else- Some writings are unprotected online just as they action, obscenity, Speech that incites others to imminent lawless where. certain types of defamatory speech (false statements that harm people), Unfortunately, other courts have allowed schools to punish students for for punish students to schools allowed courts other have Unfortunately, courts the persuade administrators to where expression Web off-campus that case, the case. In from the Tinker a disruption standard drawn apply by views anti-war their expressed CourtSupreme who upheld students armthe Court in school. But bands wearing that expres- also commented or involved if it disrupted could be limited sion in school class work of the rights of others. or invasion substantial disorder a principal on MySpace that was accessed so many times by students from times by accessed so many a principal on MySpace that was trast, punishment was upheld for a student who created a parody profi upheld for a student who trast, punishment was man. 13 56 55 What about Web sites I create and e-mail I write when I’m at e-mail I write when and sites I create Web What about in those? something me for punish school home? Can my school rules on paper, school was from away When student expression or leaf- on campus of “undergrounddealt with distribution newspapers” written anywhere with the Internet, material lets. Much has changed where of the no business it’s believes ACLU everywhere. available is instantly messages or other write at home such as e-mails, instant you school what to a friend’s home, the library send from your or Kinko’s, material that you long as or other such sites, as home e-mail or post on MySpace, Friendster, not making threats or causing substantial disruption at school. you’re raising the question how case But the Supreme Court has not had any from school. online writings done away schools should treat students’ passed haven’t Montgomery and Prince George’s County Schools in D.C., personal of about students’ know we policies any MySpace, etc.) or e-mail, home pages (Friendster, not been incidents of punish- And there have blogs. how in this area to show ment for online activity reached court that have respond. Cases schools may approaches. courts using different lower show elsewhere developed site Web suspended for a state, a student was Washington In outside of school that included humorous mock obituaries of entirely writing class assignment to a creative friends (stimulated by the writer’s should die for who readers to vote obituary) and invited own write your The site included no threats or other fake obituary. – and get the next next hint of violence and the court a suspension for “intimidation, overturned discussed a lot at though the site was even harassment and disruption,” TV. school and on local No. Filtering software on school computers should not block access to access not block computers should on school software No. Filtering material, but many explicit or sexually obscene are not providing sites that be turned lters may that Internet fi provides law The overblock. programs on request. off Computers in my school library won’t let me look at Web sites from from sites Web look at let me won’t library school my in Computers some sites with and reproduction, sites about Parenthood, Planned Is that OK? on them. old art works FREEDOM OF EXPRESSION never protectedexpression inany medium. threatsare sender knows andupsetstheotherperson,true itirritates someone. There arelaws againstconstantly e-mailingsomeonewhere the the freedomofexpression doesn’t meanfreedomtothreatenorharass No. This isn’t anissueofastudent’s rightsrelatedtoschool.Ingeneral, was hisFirst Amendment righttotalkher. Isheright? sending here-mails, andwhen sheasked himtostop, hesaidit My friendjusthadamessybreak-up withhisgirlfriend. Hekeeps low classmateandinvited otherstosignuptake part. where threatagainstafel- oneoftheirclassmateshadpostedagraphic 20 middleschoolstudentswere suspendedforvisitingMySpace.com, Probably not,butithashappened.For example, inCostaMesa,California, Can Iget introuble for justvisitingsomesites? atschool. standard shouldbethatitcausedsubstantialdisruption from homeshouldn’t besubjecttoschooldiscipline,butifitis,thenthe Public mustbereasonably schoolrules clear. Onlineexpression done will get meintrouble atschool? How doIknow what ofonlinepostingsoutsideschool sorts rules. Amendment andcouldlandyou inlegal trouble aswell asviolateschool to commitanactofunlawful violence),arenotprotectedby theFirst threats(whereand true speaker intendstosendamessageofanintention blocked accesstoMySpacefromschoolcomputers. George’s Countyhas Countyschools.Montgomery orMontgomery specific policiesaboutvisitingMySpaceorsimilarsitesinD.C., Prince postings. have rejectedvague aboutexpression usedtopunishonline schoolrules of theschool”or“threatenshealthandsafetyothers.” Courts harassing, inappropriateoroffensive,” that“interfereswiththeprogram providing thatstudentscanbepunishedforexpression thatis“abusive, policies shouldsticktothat,butsometimesschoolsusebroaderwords 63 65 64 We know ofno 62 School 14 the First Amendment alongwithspeakingandwriting. demonstrations areconsideredsymbolicexpression andareprotectedby ofpeaceful Picketing, standinginacircleholdinghands,andotherforms Do studentshave arighttorally ordemonstrate atschool? ★ at http://www.eff.org/bloggers/lg/faq-students.php (visited8/14/07). FAQ onStudentBlogging by theElectronicFreedom Foundation, available For adviceonlegal issuesarisingfromstudentblogging, seeBloggers’ publish online? Where canIget more information aboutmy rightsto fully.” tothemanddemonstrate peace- for discussionsofissuesimportance requires thatschoolstaff “mustrespecttherightsofstudentstoassemble County Montgomery class toattend. tive ifstudentscut considered disrup- certainly couldbe or demonstration hours. and duringschool school building orina property ity onschool governing activ- tions, especially reasonable regula- but may establish prohibit suchexpression unlessitwould substantially theschool, disrupt principal oftheschoolmay approve.” asthe in suchplaceswithintheschool buildingoruponschoolgrounds cussion ofcriticalissuesandtopeacefully demonstrateatsuchtimesand County schoolsstudents“have therighttoorganize andassemble fordis- school day, andabsencefrom classcanbeexcused. InPrinceGeorge’s DEMONSTRATIONS ANDLEAFLETS 69 67 Suchactivities withprincipals’ approval may beheld duringthe A rally A 68 70 Photo, courtesyofMilesLifson 66 Soaschoolcan’t FREEDOM OF EXPRESSION cial ow of ow et in in et eting. This is is This eting. If a principal stops distribution, it can If a principal stops distribution, it can 74 how the law works on public sidewalks. on public works the law how non-school- Montgomery County schools allow to be distributed free sponsored publications county by are published or sold as long as they students and carry sponsoring organization the name. only be for a few reasons, for example that reasons, for example for a few be only is obscene, libelous, advocates the publication that could hurt students, or is causing activity stops The principal who substantial disruption. in writing a reason a distribution must give decision is appealable. and that days within two Prince George’s County rules say schools can’t ban schools can’t County rules say Prince George’s ed, and can’t require prior approval or hold up prior approval require can’t and ed, 75 Photo, courtesy of Italo Cruz As with any free speech activity, however, the school can adopt reasonable reasonable adopt school can the however, activity, free speech any As with to leafl you allow not rules. manner” place and “time, may So they setting up informa-eting or leafl prohibit completely can’t they c. But traffi it can area where or other if there is a lobby inside the school tion tables involved and if the persons c with foot traffi interfering be done without that other people show can or study periods. If you are not missing classes their tables and – set up tables the PTA or the student government – like be either. should not then yours disruptive, are not considered a mess – students there’s because cial tries to stop you Also, if a school offi might suggest that the offi you oor, ets on the fl leafl your are throwing classrooms, or in some narrow corridors it might disrupt or in some narrow classrooms, the fl where picking up help by could should try from littering (and you to stop people see) rather than to stop the leafl ets you discarded leafl any distribution pending approval. The Prince George’s rule clear that makes The Prince George’s distribution pending approval. be shouldn’t student publications by ”heated discussion” stimulated even nd disruption and stops dis- considered disruption and if a principal does fi and further within one day tribution there is a right to written explanation prompt appeal. non-school-sponsored publications, can’t require an author or sponsoring can’t non-school-sponsored publications, be identifi organization 15 et, et is quite likely to result in a et is quite likely But punishment can’t be based on be can’t But punishment c leafl c 71 Though the Court 72 cials want to stop you from distributing a leafl to stop you cials want If school offi 73 the school must show that your specifi that your the school must show substantial disruption at the school. Your public school cannot prohibit materials you would like to hand out, like would school cannot prohibit materials you public Your A cause a disruption in the school. would et that the leafl unless it can show of written a rule students to get approval requiring have school also can’t such local schools seem not to have materials before passing them out, and rules now. Can the school prevent us from distributing leafl ets at school? leafl distributing us from prevent Can the school If the school gives us permission to leave school in order to attend in order school to leave us permission gives If the school write on we can they censor the messages campus, held off a rally our banners or signs? students to attend an cials release that if school offi believes ACLU The No. cannot censor cials school or related to school, offi by not sponsored event attending the off-cam- the speech of students in the recent case with unusual But pus event. of a facts, display concerning the near-campus banner (at a parade the students nondisruptive “Bong with the words released to watch) were the Supreme Court upheld the Hits 4 Jesus,” punish one student who decision to principal’s The Court said the banner down. refused to take since she the principal had a good enough reason thought the banner carried an improper message drugencouraging illegal use. Are we allowed to walk out of class? out of walk to allowed we Are permission parental without school to missing same rulesThe that apply a walk-out in for being involved punish students may here. Schools apply activities. to school if it is disruptive penalty impose a harsher shouldn’t school your of expression: the content cutting class for were protest than if you engaging in a were because you other reason. any majority writes about its concern for protecting remains con- ACLU students from drugs, the cerned about the impact of this decision on future topics. on other controversial expression cases about off-campus FREEDOM OF EXPRESSION lines.” politicalclubsrequire“appropriateguide- in school,partisan warn thatbecauseofthe “captiverules audience”ofstudents In PrinceGeorge’s County, studentsmay clubsbutthe form vised by amemberof theschool’s administrationorfaculty. tobesuper- mustalsoagree administration. Studentgroups tofischool property oftheirschool’srst obtainthepermission lawMaryland thatwant requiresallstudentgroups tomeeton the meetings. others simply because ofthepolitical,philosophicalorreligiouscontent clubs,itcannotdiscriminate against noncurricular some studentstoform are notdirectly related toschoolclasses.However, iftheschoolpermits ence), theGSAmustbeallowed tomeet. offered gay by concerning experi- theschool(suchasliteratureorhistory ifthetopicsGSAwilladdressarealsocoveredcurriculum, inclasses (GSA) tomeet. campus, itmustalsoallow agay studentcluborgay-straight alliance clubs).Ifaschoolallowsextracurricular any othersuchclubtomeeton No (unlessaschoolwants togotheextreme of banningall gay-straight allianceoncampus? Can apublic school bangay studentclubsora outside ofschoolhours. that theschoolmay notdeny otherclubsequalaccesstomeetatschool federal law calledtheEqual Access Act comesintoplay. That law requires tomeet,thatsignalsthedoor is openanda (unrelated tothecurriculum) on campus.Ifyour public schoolalreadyallows even onestudentgroup Getting anew clubapproved dependsonwhat kindsofclubsalreadyexist Do Ihave aclubatschool? arighttostart ★ nity” for students to form noncurricular clubs. noncurricular nity” forstudentstoform social organizations.” in“politicaland students therighttoorganize andparticipate CLUBS AND ACTIVITIES 78 Montgomery County rules “assure a fair opportu- “assureafair Countyrules Montgomery 81 And iftheschool only allows clubsthatarerelatedtothe 80 76 The schoolmay prohibitallstudentclubsthat 79 D.C. assures 77

16 sexual activity. revealing, or orofasexual nature;orpromotestobacco,alcohol,drugs, activity (like gym); isassociatedwithgangs;lewd, vulgar, obscene, safety; doesn’t meetareasonablecourseor requirementforaparticular school(orprobablyunless it:disrupts willdoso);endangershealthor local schoolstandards,butstudentdresscan’t beprohibitedorpunished school facilities ortoholdactivitiesschool facilities onschoolgrounds. can dance. Any thataresecretorexclusive groups arenotallowed touse you mustmake your breakdancingclubavailable toallstudentswho to allstudentswho arequalified tofulfi ll thegroups’ specialaims.So Yes. law Maryland leave requiresthatstudentgroups membershipopen club leaders? aclubwithlimitedmembership–oratleastlimit Can we start cifi bydisruption theirdressbutalsohasasystem-wide dresscodethatspe- Prince George’s thatstudentsshouldnotcause County has abasicrule ★ to only thoseofthefaith. ably couldlimitleadershippositions(forexample, studentprayer leaders) A studentreligiousclubmay notexclude butprob- studentsofotherfaiths, any D.C. inthisareaofclubmembership. rules cally prohibitsclothing showing vulgarlanguage,obscenepictures, DRESS CODES, UNIFORMSANDPERSONALAPPEARANCE about whataccording to isappropriate“dressandgrooming” CountyallowsMontgomery schoolstaff toadvisestudents Amendment guaranteeoffreespeech. ing inschoolisexpressive conductprotectedby theFirst thatwearing typeorstyleofcloth- not agree apreferred do aboutstudentdress.Ingeneral,courts on schoolrules However, caseclarifyinglimits thereisnoSupremeCourt speech andprivacy thatprotectthethingsyou say andwrite. by thesameconstitutional guaranteesofbasicliberty, free – so ACLU believes theway you dressshouldbeprotected The way you dressisoneoftheways you express yourself clothes inschool? Can theschool tellmeIcan’t kindsof wear certain 85 83 84 82 We haven’t seen FREEDOM OF EXPRESSION cials 93 94 Another court said a dress code was courtAnother said a dress code was ed as preventing gang-related cloth- gang-related ed as preventing 92 97 98 95 96 considered the shirts’ pro-drug and anti-religion messages lewd and pro-drug and anti-religion messages lewd considered the shirts’ offensive) school in connection with such past incidents of racial tension at the clothing) and symbols, in a school against all kinds of gang-related clothing with past gang problem) ac- libel, falsely ed because picture was (justifi football bleachers that prohibited drinking on school of breaking a law cusing staff property). ing, though the student said it was a hip-hop style chosen to express express a hip-hop style chosen to said it was ing, though the student African-American cultural identity) • no Marilyn Manson T-shirts (a rule justifi ed since school offi • (a rule justifi T-shirts Manson no Marilyn ed because of ag images (a rule justifi • with Confederate fl no clothing ed as measure • earrings (a rule students wearing no male justifi • the school drinking in with caricature of school staff T-shirt no • no sagging pants (a rule justifi too vague in banning any clothing with a message that “harasses, threat- clothing in banning any too vague or groups. demeans” certainens, intimidates or individuals School rules must be enforced uniformly and a wide range of laws makes makes School rules and a wide range of laws must be enforced uniformly to discriminate at school including in discipline enforcement. it unlawful stopped students of color from wearing school only if your example, For Some other examples of clothing and dress limits upheld by courts limits upheld by of clothing and dress Some other examples include: code against the dress only enforces What if the school certain students? Courts have struck down dress code rules that are too broad and vague rules code dress vague and are too broad that struck down Courts have For at school. problem any to cause likely isn’t that clothing and prohibit from he wore T-shirt disciplined for a school student, a middle example, court a challenge to guns, won men with shooting camp showing an NRA The court to weapons.” that relate “messages code that outlawed a school also vio- were if they messages could ban weapons-related said the school but this shirt offensive indecent, or plainly vulgar, lent, threatening, lewd, and nonthreatening. nonviolent was 17

ce 89 90 cant In general, a 88 The dress 86 Again, this unusual argument has not survived since not survived has Again, this unusual argument 91 able gang/crew clothing or paraphernalia. or clothing gang/crew able 87 public school may not ban images or slogans on clothing, even if they are if they on clothing, even not ban images or slogans school may public disruptive. are libelous, obscene or seriously unless they controversial, However, it is possible that clothing could be banned, even it isn’t dis- it isn’t even that clothing could be banned, it is possible However, because it violates the other standard mentioned in the Tinker ruptive, “to be secure and to be let alone.” decision, the right of other students Can I wear a T-shirt or jacket with a controversial symbol or controversial with a or jacket T-shirt a Can I wear on it? message is a limit certain dress code that bans clothes bearing slogans A school’s and not just personal ap- an issue of free speech on content of expression, a particular that is very message clothing conveys pearance. If a student’s then the clothing see the clothing, those who be understood by to likely other speech. any like protected expression constitute would weapons, drugs/alcohol or drugweapons, paraphernalia and products, tobacco and identifi prohibits code is not a rulecode is not enforced and is not to be Code of Conduct in the Student circumstances.” aggravating there are serious suspension “unless by determination right to “personal assures students the appearance, of D.C. no court interpreted but has yet the dress,” styles of hair and including language. In a decision later taken off the books, a school was initially upheld in initially the books, a school was off In a decision later taken an anti-gay wore California for disciplining a high school student who Alliance held a “Day after a Gay/Straight in protest the day T-shirt The shirt said gays. of intolerance towards of Silence” in recognition Ashamed: Our School Embraced Is Shameful” and “Be “Homosexuality offi in the principal’s made to stay He was What God Has Condemned.” The court said the school was he refused to change the shirt. when all day students with de- their fellow ed in prohibiting students “assaulting justifi a core characteristic the statements addressed where meaning statements,” students and could cause them signifi gay vulnerable of particularly injury. psychological the whole decision was “vacated” or set aside for other reasons, but other “vacated” decision was the whole courts should be limits there in future might return to this theory for why on message-bearing clothing. FREEDOM OF EXPRESSION of expression protectedby theFirst Amendment –thatis,wearing your diction over decidedin1972thatstudents’ Maryland hairlengthisakind of But theUnitedStatesCourt Appeals fortheFourth Circuitwith juris- constitutionally protectedfreedomtodecidetheirpersonalappearance. haseverCourt sinceavoided takingany casetodecideifstudentshave a governingnot presentquestionsaboutschoolrules dressorhair, andthe ofprotectedexpression)(about anti-war thatitdid asaform armbands school. notedalmost40yearsThe SupremeCourt agointheTinker case what you wear, becauseyou canchangeyour clotheswhen you leave The lengthorstyleofyour hairisaneven morepersonaldecisionthan can’t have abeard oramustache? Can aschool say Ican’t wear myway hairinacertain orsay I protected underthestudents’ First Amendment rights. pendants orfromwearing orotheritemthatis areligiousbutton,armband kufisories suchasyarmulkes, crossesandotherreligious s, headscarves, prevent studentsfromwearing nondisruptive religiousclothingandacces- andD.C.,No. InbothMaryland policiescannot dresscodeanduniform me from wearing religious clothingoraccessories? Can my school have adress codeoruniform policythatprohibits thatcan’tfor families afford theuniform. there mustbeavote of75%students’ parents,andtheremustbehelp policies. uniform mandatory lawMaryland schoolsinPrinceGeorge’s permits toadoptvoluntaryor wear theuniform. explanation orreason. And theschool can’t punishastudentwho doesn’t be required;studentsmay declinetowear withoutfurther theuniform In theDistrictofColumbia,any schoolmay Butitcan’t adoptauniform. It dependsonwhich schoolsystemyou attend. Can theschool make mewear aschool uniform? nation, which isagainstthelaw. clothes itconsidered“gangrelated,” itcouldbeengaginginracediscrimi- pline fornotwearing only theuniform asalastresort. 99 100 To ataschool, uniforms begin mandatory 101 The schoolcanimposedisci- 103 102 18 Internet Protection Internet Act, asaconditionofreceiving federalfundsor schools may access.Infact, to limitInternet berequired by theChildren’s violatetheFirstgeneral rule, Amendment when they useblocking software Filters areOK. hassaidthatlibrariesdonot,asa The SupremeCourt computers? How doesthisaffect ouruseoftheInternetonschool library ample how biology texts treatevolution. decide which debate,forex- booksareappropriateisasubjectof great community’s educational goals. The contentoftextbooks andhow schools Schools may select textbooks andotherreadingsconsistentwiththe to educateandenrichthemselves. and computeraccesssothatstudentscanexplore alltheworld’s knowledge –toprovidedifferent becauseithas abroaderpurpose materials,media, munity values” inthe classroom,the ACLU believes is aschoollibrary classroom texts isfairly broadbecauseoftheschool’s righttoteach“com- religion, orothermattersofopinion. Though theschool’s authorityover ies basedsolely upon theboard’s view ofwhat isacceptable inpolitics, of speech. A schoolboardmay notremove booksfromschoollibrar- ability toreceive tothemeaningfulexercise ideasisnecessary offreedom have aconstitutionalrightbothtoexpress ideasandtoreceive them;the censorshiphaslimits. Students butlibrary Schools controlthecurriculum, don’t like thebooks’ ideasortheirlanguage? shelves orcensorateacher’s reading assignmentbecausethey Are school officials allowed totake booksoff theschool library ★ hair isastatementofpersonalbeliefs. tion, ortopromotesafety, cleanliness,andhealth. topreventdemonstrating thelimitationisnecessary distractionordisrup- of thumb,schoolsmustjustifyany hair, beard, policy by orothergrooming limitingstudents’school rule hair, mustaches,orbeards. As ageneralrule area hasdecidedacasewhere astudentchallengeddisciplinebasedon codes foundintheregulations don’t mentionhair. inthis And nocourt In D.C. andPrinceGeorge’s Counties,thegeneraldress andMontgomery expression simply becausethey don’t like it. LIBRARY ANDCLASSROOMBOOKS 105 104 Schoolofficials cannotlimitthat 106 FREEDOM OF EXPRESSION 113 In a class, you In a class, you 114 115 You can express a religious viewpoint in regular school in regular a religious viewpoint express can You discus- or in hallway homework, such as in class, activity cials should not permit student offi sion (though school religious speech to turn into religious harassment aimed A student at one student or a small group of students). same in school to the or pray or Bible can read a Koran else. can read or do anything students extent nondisruptive space for Muslim a separate allowed Some schools have grace eat your you before can say You prayers. students’ (cross, etc.) and jewelry religious can wear You lunch. 112 may study different religions (their history, worship, practices, etc.) as part worship, history, religions (their study different may of a history as the teaching does not promote or literature class, as long particular religion. any The Constitution limits actions of public school offi cials, so even though cials, so even school offi The Constitution limits actions of public life, their in their own be very important to some staff religion may can read Teachers at school is more circumscribed. religious expression religious not doing school duties, and can wear when or pray their Bible counseling, should not in their teaching, school staff However, jewelry. particular religion or religion any coaching, etc., appear to be endorsing tell a student that a counselor or coach shouldn’t example, in general. For that say teacher shouldn’t and a principal or a problem, will solve prayer misconduct is a sin and will cause a student to go to Hell. But is any religious expression in school banned? in school expression religious But is any hostility to local rules Constitution and The suggest any do not No. as formerreligion – to the it in a 1995 memo Bill Clinton put President Attorney General and the Secretary “nothing in the First of Education, On the into religion-free zones.” schools our public Amendment converts right to hold their students’ Amendment protects all the First contrary, those religious express on religious subjects, and to beliefs, including own in is allowed other personal expression as any extent beliefs to the same the school. clothing that has religious messages. You can distribute religious literature You clothing that has religious messages. be distributed. may other publication as any to the same extent ing or prayer are not allowed even if the prayer is nondenominational or is nondenominational the prayer if even allowed are not prayer ing or voluntary. 19 ag Teacher-led Bible read- Bible Teacher-led 111 There is no right to disrupt 108 110 That could be defi ned too broadly. No court has said so yet, No court so yet, has said too broadly. ned could be defi That 107 And your refusal is your business; the school shouldn’t notify your notify your business; the school shouldn’t refusal is your And your 109 FREEDOM OF RELIGION FLAG SALUTE AND PLEDGE OF ALLEGIANCE AND PLEDGE SALUTE FLAG No. School-sponsored prayer in public school is forbidden. The school is forbidden. in public No. School-sponsored prayer prohibits Amendment in the Constitution Clause of the First Establishment the appearance of endorsing giving part of the government a school or any non-religion. another or endorsing religion over one religion over schools in public exercises that “prayer The Supreme Court has recognized carry a particular risk of indirect coercion.” ★ or other religious cials sponsor prayers offi school Can public in school? exercises or to recite the Pledge of Allegiance, and school authori- Allegiance, or to recite the Pledge of The First reason. your not ask or evaluate ties may the right to speak and not Amendment protects equally thus it protects us to speak on the orders of government; against coerced patriotism. Do I have to salute the fl the or say ag to salute the fl Do I have Allegiance? of Pledge fl the right to refuse to salute the No. Students have ★ discounted access rates, to use blocking software to prevent student ac- to prevent software blocking to use rates, access discounted else “harmful and pornographicto obscene cess to and anything material minors.” but the ACLU believes that just as school boards can’t order books off the books off order can’t just as school boards that believes ACLU but the school librar- their content, dislike school library just because they shelves content or some nonobscene to favor software not use blocking ies should to anti-choice access lter that allows as a fi such another, over viewpoint sites. Web access to pro-choice blocks sites but Web right to Internet access on school discussion of your See the more general these materials. in computers elsewhere parents if you decline to say the pledge and may not require your parents’ parents’ not require your the pledge and may decline to say parents if you permission. others but you may sit quietly and shouldn’t be made to and shouldn’t sit quietly may others but you other punishment or com- or face any stand up, leave ment. FREEDOM OF EXPRESSION in school,theguidingprinciple remainsthatgovernment mustmaintain In general,withholiday displays asinevery otherquestionof religion in classrooms. Nativity scenewould beimpermissible,orpostingthe Ten Commandments whether anexhibit clearly sendsareligious message.Certainly, acrossor they don’t send any messagethatstudentsshoulduseittopray. make itconstitutional,either. one minute.” ofaschooldayeach morning “andtomeditatesilently forapproximately inopeningexercisesrequire allstudentstobepresentandparticipate on doeshaveMaryland aminute-of-silencelaw: principalsandteachersmay algebra testorany other topicoftheirchoice,that’s probably O.K. someone who hasdiedortoallow students tomeditateontheupcoming that would endorseorappeartoreligion. The schoolmay not display inaway religioussymbolsonschoolproperty religious pageants or displays? Can theschool allow Christmasprograms orothertypesof by theConstitution. use themomentofsilence“forsilentprayer,” thenitisprobably prohibited effect istopromotereligion,forexample iftheteacherdirectsthat students or ofthemomentsilence.Ifpurpose It dependsonthepurpose What aboutamomentofsilence? events. schoolactivities ation ceremoniesoratextracurricular suchassporting ligious leader(orstudent,parentoranyone else)togive aprayer atgradu- Not allowed, nomatterby whom. The schoolauthoritiescan’t invite are- What aboutprayers atourgraduation orotherschool ceremonies? home. the functionofreligiousteachingthatisexclusive rightofparentsat parents couldhave agoodlegal argument thattheschoolwas takingover In anextreme caseofpressurefromschoolstaff toembracereligion,your bols, notreligious. Menorah orIslamicStarandCrescentareby now consideredsecular sym- 116 117 Allowing studentsby vote toinitiateaprayer foranevent doesn’t 120 122 Indirectingsuchamoment,teachersshouldtake carethat At theholidays, Christmastreesandeven theJewish 123 119

Butifateacherpausedformomenttoremember 118 121 It’s notalways clear 20 Christmas-time. or follow (suchasIslam)thatdonothave faiths any holidays around questions sincemany studentseitherdonothave any religiousbeliefs, to presentadisplay orprogram thatincludesmany religionsmay raise non-religion. Accordingly, schoolsshouldkeep inmindthatanattempt a courseofneutralityamongreligionsaswell asbetween religionand not resultincoursecredit. courses asawhole,isnotrequiredfor acourseanddoes andparticipation in aregularly offered thebodyof course,thesubjectdoesnotconcern isnottaught subject matterofthegroup ifthe isnon-curriculum-related group choices and thus the court sawchoices andthusthecourt noconstitutionalproblem. doubtedanyonethe court would perceive endorsementofreligioninthese (artistic sites) merits ofthechosenmusicandacousticsinperformance no foul:sincetherecouldbesecularreasonsforbothkindsofchoices material andmostly Christian locationsforperformances. sawThe court lenge toherhighschoolchoirdirector’s choiceofpredominantly Christian content. For inUtahconsideredaJewish example, acourt student’s chal- forassigningchoralmusic withreligious ceptable nonreligiouspurpose seeanac- traditions –asopposedtoindoctrinatingreligioncourts Yes. Becauseschoolsmay teachabout music thatcomesfromreligious with my religious beliefs? Can thechoir director make ussingmusic withlyricsthatconfl be able tomeetaswell. must If so,thenreligiousstudentgroups duringnon-classhours. school facilities haverelated” groups therighttouse Yes, butonly ifother“non-curriculum- meetings onschool property? Can studentgroups holdreligious may only beto ensureorder. People fromoutsidetheschoolmay notlead, may notsponsorreligiousclubsandifthey arepresentatclubevents it related . Meetingsforreligiousclubsmustbestudent-initiated. Schoolstaff club ataschoolthatoffers French would beconsideredcurriculum- clubwouldcommunity service benon-curriculum-related, butaFrench 125 A student A 126 Therefore, achessclub,scubadiving clubor 124 ict FREEDOM OF EXPRESSION ne the ne One court elsewhere One court elsewhere And schools can’t And schools can’t 133 135 137 No case has asked a courthas asked No case defi to 132 Courts have also found an unconstitutional re- also Courts have 136 139 134 138 extent of that right. And neither MarylandAnd provision. county has a similar of that right. extent Yes. For example, if your parents ask the school to release you early so early parents ask the school to release you if your example, For Yes. or religious instruction, school your prayer can attend off-campus you allowed in other places have State laws early. leave let you should probably of off-campus school for some hours each week schools to let groups leave religious instruction. Can my school omit evolution or add alternatives like creation creation like or add alternatives omit evolution school Can my design? science or intelligent found courts what have That’s No, not if the purpose religion. is to advance teaching or texts. to change biology the years over efforts behind many of evolution. Schools cannot prohibit the teaching a regular that isn’t holiday a religious for Can I miss school holiday? school are absences for religious holidays and Maryland, In D.C. Yes. excusable. activity? a religious for school from Can I be released Can my school restrict me from wearing religious clothing items clothing items religious wearing me from restrict school Can my school? at or jewelry dress code and uniform policies cannot No. In both Maryland and D.C., religious clothing and acces- nondisruptive from wearing students prevent s, headscarves, religious crosses and other yarmulkes, kufi sories such as armband a religious button, or other item that is wearing pendants or from Amendment rights. First student’s protected under a Still, in the District of Columbia a student has the right “to refuse to refuse right “to has the a student Columbia of in the District Still, moral, contrary are to the student’s which participate activities in school beliefs.” or political religious, has held that students may not be forced to attend co-ed gym class where attend co-ed gym class where not be forced to may has held that students on religious grounds, as regard, they gym clothes that wear must they immodest. ligious purpose on this theme, such as requiring teachers behind variations evolution. to read a “disclaimer” before teaching add religious alternatives to evolution in a science class regardless of their in a science class regardless to evolution add religious alternatives or “intelligent design” c-sounding terms “creation science,” like scientifi “irreducible complexity.” 21 cials agpole? Tailoring what’s taught to what’s Tailoring 131 D.C. has nothing similar. has D.C. However, schools need to be careful not to create the impression schools However, 127 128 129 But since the point of school is to expose students to new ideas and students to new But since the point of school is to expose 130 that they are sponsoring or endorsing religion or particularthat they religious views. If you or your parent object to a particular parent object to a or your assigned book or topic of in- If you out an alterna- trystruction to work for a religious reason, schools usually tive. Can I be excused from classroom lessons that my parents or I or I parents lessons that my classroom Can I be excused from grounds? object to on religious May students hand out religious materials in school? religious students hand out May distribute religious materials on the same terms that Students may Yes. non-school-sponsored written materials. hand out other students may and materials non-school-sponsored publications distribute Students may as long as classes, on school grounds before and after school and between in terms of time, place and manner of distri- the distribution is reasonable bution. Yes. The Constitution protects nondisruptive student expression in general, student expression protects nondisruptive The Constitution Yes. hold students may Therefore, for a religious purpose.including a gathering avoid To rallies on school grounds or after school. before informal prayer offi sponsorship or endorsement, school cial impression of offi any Prince George’s and Montgomery Counties have rules that follow the rules that follow and Montgomery Counties have Prince George’s religious Act for student–organized Access in the federal Equal guidelines activity. the fl around rallies students to hold prayer for Is it legal control, or regularly attend the meetings – although they may be invited be invited may they – although meetings attend the or regularly control, speakers. or participate student participationshould not encourage in such an event themselves. to encourage critical thinking, it is against the school’s mission to limit that mission the school’s to encourage critical thinking, it is against just because something is contradictoryexposure to a religious belief held held that a school learning require- And courts have or parent. a student by the is not therefore a prohibited burden on offensive religiously ment that’s of religion. constitutional right to free exercise the beliefs of a religious group would actually amount to an Establishment amount to an Establishment actually the beliefs of a religious group would in the consistent failure to limit of efforts Clause violation – as shown and add or substitute other religiously-based the teaching of evolution accounts of the origins of life. FREEDOM OF EXPRESSION family income. Those attendinglow-performing public schoolshave an Scholarship Fund. in itsthirdyear in2007–2008andisadministeredby the Washington of Columbia.CalledtheD.C. ScholarshipProgram, itis Opportunity a five-year experimental voucher program forstudentsinthe District Several yearsestablished agotheUnitedStatesCongress andfunded qualify for. private religiousschoolifyour district offers avoucher program thatyou able togetagovernment voucher topay thetuitionandfeestoattenda for you toattendaprivate schoolratherthanapublic school. You may be A voucher isacertificate thatgives you andyour parentstheabilitytopay Yes, inD.C. religious school? Can Iget agovernment-funded voucher toattenda 140 Eligible studentsmustlive inD.C. andhave alow 22 gram was not for the purpose of supporting religion. ofsupporting wasgram notforthepurpose vouchers topay thatthepro- forattendingreligiousschools,ongrounds upheldanOhioprogram allowingCourt public fundstobespenton education they controversial. arevery In a5–4decision,theSupreme Vouchers arepublic money andwhere vouchersreligious gotosupport County. CountyorPrinceGeorge’sThere isnothingsimilarinMontgomery Applications willbe accepted beginning inOctober2007. expenses.) The program in2006–2007hadabout1,800studentsenrolled. private schoolsincludingreligiousschools. (Thevoucher may notcover all extra advantage. The voucher isworth $7,500andisacceptedatover 60 141

SCHOOL RECORDS & INFORMATION PRIVACY 147 dential); 145 yourself if you are 18 or older.) If the older.) are 18 or if you yourself information, to change the school refuses hold a hearing requires the school the law you cer where hearing offi before a neutral can introduce witnesses parent and your behalf. Even your on and written evidence cer decides in favor if the hearing offi record remains your of the school and still parents (or you) your unchanged, in the the right to include a statement have the infor- why reasons your record giving include The school must mation is wrong. release time they this statement every record to another person, school, or your organization. Thus your parents can authorize the release of your school can authorize the release of your parents Thus your 146 records even if you want to keep some information private. Second, there Second, some information to keep private. want if you records even without your records even your to review are allowed are some people who educational with legitimate staff These include school permission. parents’ interests; certain state and federal educational agencies; other schools to nancial or student aid; fi provide or transfer; those who apply you which (as long as the informationresearch organizations remains confi is necessarycials, if such access to protect community and health offi obtain access to cers may probation offi health. In addition prosecutors and of investigations investigations, these records in connection with criminal with truancyprobation violations, and in connection mediations. Can the school put my height and weight in a sports program in a sports height and weight program put my Can the school without asking? That out “directory information.” schools to give allows law Federal name, address, telephone student’s includes some or all of the following: Can information in my school records be given to other people be given records school in my Can information permission? without my permission parents’ your under 18, it’s are of all, if you It depends. First that matters. 23 144 For non- For 143 SCHOOL RECORDS & INFORMATION PRIVACY INFORMATION & RECORDS SCHOOL nish. It’s It’s nish. les? 142 Can I have something corrected if my record is wrong? record if my something corrected Can I have think that information in your no guarantee. If you can ask, but there’s You parents should make le is inaccurate, misleading or inappropriate, your fi it or a written request asking the district superintendent to either remove all these procedures can follow to include a statement challenging it. (You In both Maryland and D.C., schools are required by law to inform students law are required by schools In both Maryland and D.C., their to access about their rights including how and their parents each year incorrectrecords and challenge any or misleading information. Do I have a right to see my fi a right to see my Do I have guarantee the rights of parents of and Maryland law D.C., Federal, Yes. are 18 or older (or 16 and graduat- who students and students themselves the The school must provide les. inspect their fi school) to ing or leaving period of time (in no case more than 45 days records within a reasonable after the request). on paper and in school computers. This and in school computers. on paper include grades; achievement record may entrance test scores; reportsor college of testing; notes or intelligence psychological including teachers, counselors staff by records of attendance, or administrators; health infor- misconduct and discipline; the school of care by mation and records nurse; permissionsgranted or refused; correspondence with parents; evaluations or psychiatrists. In other psychologists by your about and everything anything words, career in school. What is in my school records? school in my What is a record of each Every school keeps from start progress to fi student’s English-speakers this annual notice must be in their own language and also own this annual notice must be in their English-speakers to those with a disability. accessible must be communicated in ways SCHOOL RECORDS & INFORMATION PRIVACY without parentalconsent. tice tosay any shouldn’t orallofthedesignatedinformation begiven out out. After thattheschoolmustallow eachparentsometime afterthatno- must give itwillgive publicinformation” noticeoftheitems“directory the mostrecentprevious schoolattendedby thestudent.Butschool attendance, diplomasandawards received, nameofschoolattendedand weightties andsports, andheightofmembersathleticteams,dates inoffi participation listing, dateandplaceofbirth, cially recognized activi- time – those limited facts willbeoutthereforalltheworldtime –thoselimitedfacts tosee. publish athletes’ statsingameprograms andyour parentsdidn’t objectin 148 Soifyour schoolannounceditwas goingto 24 give yourrecruiters. nameandnumbertomilitary consent.” Inotherwords, you andyour parentscanrefusetolettheschool notbegiveninformation without“priorwrittenparental tothemilitary out. Schoolsmustnotifyparentsthey have therighttoinsistthatstudent For thosestudentsthatdon’t want toberecruited, thelaw provides away names, addresses, and telephone numbers for recruitment purposes. names, addresses,andtelephonenumbersforrecruitment recruiters’military requestsby providing accesstohighschoolstudents’ a conditionoffederaleducationfundsthatallschoolsmustrespondto Because federallaw requires“intensive campaigns,” recruiting itisnow Can theschool give outmy information tomilitaryrecruiters? Registration, Recruiters andSchool.”Registration, Recruiters For seethesection below moredetailedinformation, on“Military 150 149

SCHOOL DISCIPLINE & DUE PROCESS ) 154 156 And an expulsion for a year imposed in the for a year an expulsion And 155 re alarm; re property member or student; or the property of a school staff controlled substance; language; plagiarism; phones, without previous permission from a school principal; phones, without previous could be construed as a weapon; • disobedient; repeatedly being • stealing or defacing school attempting or actually damaging, • alcohol, drug paraphernalia, substance or any using smokable • or possessing profane distributing material or using profane • trespassing; • such as other type of academic dishonesty or any cheating • a false fi activating • disruption causing or being disorderly; • participating gamble; in or encouraging others to • such as cell of electronic communication devices, possession • its shape or design that by or anything weapon possession of any A student who is expelled can’t attend any D.C. school (except alternative alternative school (except D.C. attend any can’t expelled is A student who or more. school) for a year What are grounds for suspension and expulsion? for grounds What are for students in the District of Columbia suspend or expel A school may on school transportation, at school, actions while committing the following or supervised school-sponsored event: at any or while What is the difference between being suspended and expelled? being suspended between the difference What is for activities classes or school attend can’t is suspended who A student for a an exception can make (The superintendent to 10 days. a period up or system-wide tests. returnstudent to exams entrance for college middle of one year can continue into the following year. can continue into the following middle of one year 25 cials The information 152 153 STUDENT DISCIPLINE AND DUE PROCESS DUE AND DISCIPLINE STUDENT 151 STUDENT DISCIPLINE IN THE DISTRICT OF COLUMBIA STUDENT DISCIPLINE IN THE here is only a starting point for your own research. In serious cases, you research. In serious cases, you a starting own point for your here is only t from help from an adviser or attorney who parents can benefi and your ght for your can interpret and fi the confusing and complicated procedures rights. set of rules is a single school system with a common D.C., Washington, about discipline. In Maryland the state sets the basic due process frame- detailed writes its own and each school district described below, work sites and in Web district on school rulesThose detailed are available rules. each year. printed materials that should be distributed facing disci- school additional rights when Students with disabilities have are discussed at the end of this section. They pline. ★ cial to hit offi other school or any a teacher for Is it legal a student? to use physical school employee for any it is illegal law No! Under D.C. force as a means of punishing a student. School discipline procedures are complicated and can be found in detailed School discipline procedures are complicated here. covered materials from all three school districts If I’m going to be punished, what rights do I have? what be punished, to If I’m going facingWhether punish- through a serious to education loss of the right such as detention, or a minor penalty expulsion, suspension and ment like set won’t Courts generally to be treated fairly. the right have all students don’t you detention) where do minor discipline (like schools limits on how school offi the penalty gets heavier, where miss school. But actually must follow certain steps to be sure that the facts come out, the resulting must follow The Supreme conduct. ts the student’s decision is fair and the punishment fi Court basic fair required that all students be guaranteed thirty ago years a short– notice of school suspension face even they procedures when the side of to tell his or her own and a chance and evidence, the charges story. SCHOOL DISCIPLINE & DUE PROCESS D.C. schoolsmay expel someone alsofortwo additionaloffenses: ing proceduralprotections: suspensionsof10daysStudents facing orfewer areguaranteedthefollow- ★ following actions: school officials have nochoiceandmust expel studentswho committhe D.C. schoolshave aZero Tolerance Policy forafew offenses. That means SHORT SUSPENSIONSIND.C. causingorattempting tocausesevere physical to another injury • attemptingor actually sexually assaultingsomeone;and • Anoralnotice ofthecharges followed upby awrittennoticesentby • using,possessing, orbringingtoschoolaloadedunloaded • illegally or paraphernalia possessingordistributingalcohol,drug • possessing,selling orthreateningtouseaweapon capable of • Aconferencewiththeschooloffi• cial responsible formaking orap- attemptingoractually causinginjury toanotherperson. • harassingastudentorschoolstaff member; and • person throughviolentacts. communications mustbemadeintheparent’s native language. minor, schoolofficials mustnotifythestudent’s parents. All parent school officials within24hoursoftheinfraction.Ifstudentisa fi (includingblankpistols). rearm gunsandstarter controlled substances; inflicting bodily injury; suspension isimplemented. the student’s recordandany offi oftheoffensecial report beforethe tothestudentand parent abouttheirrighttoexamine information make afi of thestory. At theendof conferencetheschooloffi The studentmustalsohave topresenthisorherside anopportunity action. must provide thedisciplinary supporting astatementoffacts proving thesuspension.Duringconferenceschooloffi nal decision regarding the disciplinary action,andprovidenal decisionregarding thedisciplinary 160 158 cial must 157 cial 159 26 receive: suspensionorexpulsion hastherightto long-term A studentfacing board ofeducation.) superintendentandtheschoolboardchangestobecomeastate the former new Chancellor, appointedby theMayor in August 2007,takes over from appointee). (NotethattitlesintheD.C. schoolswillallbechangingasa until approved by thesuperintendentofschools(orasuperintendent’s suspensionsandexpulsions. mend long-term The decisionisn’t fi impose suspensionsoffewer than10days; principalsmay only recom- hearing,andtherightofappeal.Principalsontheirowna formal may theseseriouspunishmentshavefacing rightsincludingnotice, greater as forexpelling astudent(which lastsayear). Studentsandtheirparents The processforconsideringasuspension11days ormoreisthesame ★ LONG-TERM SUSPENSIONSANDEXPULSIONSIND.C. • • Unlessschooloffi• cials feelthey have becauseallowing toactfast Thestudent’s parentorguardian,witnesses,and/oralegal represen- • ference. the schoolaboutresults ofthecon- days afterreceiving awrittennoticefrom quest mustbemadewithintwo school hearing. request adisciplinary The re- contact theStudentHearingOffi student, oraminorstudent’s parent,may Formal,adult hearing. impartial An above description). suspensionsof10daysfacing orless(see must receive thesamenoticeandconference guaranteedtostudents Written andoral noticeofthecharges. Studentsandtheirparents take placenolaterthan3schooldays afterthesuspensionstarts. does suspendthestudentfirst andholdtheconferencelater, itmust the conferenceshouldhappenbeforesuspension.Ifschool the studenttostay atschoolwould schoolsafetyandsecurity, hurt tative may bepresentattheconferencebutarenotrequiredtobe. requests adelay, thehearingshallbeheld 163 Unlessthestudentorparent ce to nal 162 161 SCHOOL DISCIPLINE & DUE PROCESS -

172 cials, cial fi les. fi cial ce, but a minor 177 174 A suspension can be short (up to 10 days) A suspension can be short (up to 10 days) 178 176 But the D.C. rules also allow a school to suspend a student im- a school to suspend rules also allow But the D.C. Disciplinary records are primarily for the use of school offi of school for the use Disciplinary records are primarily 173 Describing how to do that is beyond the scope of these materials, of these materials, the scope beyond is to do that how Describing advice. need legal almost certainly you and to be successful dent chooses not to review the decision, or decides that the decision the decision that or decides the decision, not to review chooses dent school within the matter end of the the then that’s appropriate, is system. a school system right to challenge the have You court. Going to Appeals. Court of in the D.C. ling a petition fi by nal decision fi 175 • STUDENT DISCIPLINE IN MARYLAND and are generally kept separately from individual students’ offi students’ from individual separately kept and are generally record until the student each student’s schools keep In general, D.C. graduates. mediately in emergency situations. in emergency mediately or longer. What is the difference between suspension and expulsion? between What is the difference prohibited from attending is suspended is temporarily A student who school (including activities). They can take you out of class and send you to the offi class and send you out of you take can They before not be sent home is facing a disciplinarystudent who action may adult has been con- parent, guardian or other responsible the student’s opportunity a reasonable to arrange supervisiontacted and given for the student. of records system keep long can the school How disciplinary actions? of disciplin- documentation keep to law schools are required by D.C. is overturned, But unless an expulsion ary actions for at least 180 days. school indefi the by kept documents concerning are generally expulsions nitely. ★ cial to hit a student? offi or school a teacher for Is it legal to use physi- school employee for any it is illegal No! Under Maryland law student. cal force as a means of punishing a Can a teacher or school offi of the cial suspend me in the middle offi or school Can a teacher parent? rst notifying my without fi and send me home day 27

165 cial, 170 It’s up to him or It’s 171 169 An impartial hearing offi cer, who is who cer, An impartial offi hearing 167 164 166 168 The student has a right, but is not has a right, The student attorney. an by Representation hearing. present at the or lawyer a representative to have required, usually a person from outside the school system, not involved in the involved school system, not from outside the a person usually could bias a decision, icts of interest that with no confl incident and attorney. an is not necessarily The person runs the hearing. If the student and/or parent is not fl a uent in English, parent is not fl If the student and/or Translator. provided. translator must be The school is not required to pay for legal representation. for legal required to pay The school is not no more than four school days after the written notice has been pro- been notice has written after the days four school than no more parent. or to the student vided The superintendent may review and overrule or modify any or modify any and overrule review The superintendent may Review. expulsion. discipline recommendation including The hearing offi tape is the cer must tape the hearing and the The hearing offi Record. a copy have may The student (parents, representative) cial record. offi tape. their own make on request, and also may hap- really cer decides facts – what The hearing offi Conclusion. proce- the required cials followed school offi pened (and whether should go the proposed expulsion dures) and recommends whether If the hearing be better. discipline would or if alternative forward nal until the super- not fi it’s cer upholds a proposed expulsion, offi cer must mail The hearing offi intendent or a designee approves. representative and any a written decision to the student, parents, after the conclusion of the hearing. within four business days The student, the student’s parent or guardian, or The student, the student’s Student defense. present evidence, has the right to testify, representative the student’s school offi involved of any call witnesses, require the presence pre- evidence or challenge any witnesses any and to cross-examine the school. sented by dence that the student did commit the action(s) upon which the sus- which did commit the action(s) upon dence that the student is based. pension or expulsion her whether to do that; there is no right to an appeal. But if you think to do that; there is no right to an appeal. But if you her whether cer did something in- or the hearing offi the school made a mistake ask the superin- correct may certainly the outcome, you that changed the case and correct If the superinten- the problem. tendent to review • • • • • • School offi cials must show by a preponderance of evi- by must show cials • Evidence. School offi SCHOOL DISCIPLINE & DUE PROCESS you have therighttoatleastfollowing procedures: For suspensionsof10days studentsfacing orfewer, statelaw guarantees library. it’s onlineandacopy shouldbeavailable inany school’s mainoffi should receive aStudentCodeofConductatthebeginning ofeachyear; and punishments.Rulesprocedureschangesoyou andyour parent district’s StudentCodeofConducttofi ★ time ofthepunishment. dural protections;theextent ofthoseprotectionsdependsonthelength eithersuspensionorexpulsionStudents facing areguaranteedsomeproce- expel me? Are there procedures theschool must follow tosuspendor about what offenses canleadtosuspensionandexpulsion. lawMaryland allows countyschooldistrictstowritetheirown rules What are grounds for suspensionandexpulsion? defimore; expulsion isfurther ned by eachschooldistrict. A studentwho isexpelled can’t attendhisorherregular program any ment andwithaparent. pelled tocomebackontoschoolproperty except forascheduledappoint- in activities. It’s acriminaloffense forastudentwho issuspendedorex- a studentmuststay off campusduringschoolhoursandmay nottake part SHORT SUSPENSIONSINMARYLAND Aconferencewiththeschoolprincipalandany schooloffi • IfthestudentorhisherparentdoesnotspeakEnglishfl • Atorbeforetheconference,studentmustbetoldcharges • involved in theproposedsuspension. English forSpeakers ofOther Languages(ESOL)offices attheir Both PrinceGeorge’s Countyschooldistrictshave and Montgomery tohaveschool mustarrange atranslatorpresentat theconference. opportunity toexplain hisor hersideofthestory.opportunity evidence thecharges. supporting The student mustalsobegiven an (need notbewritten–may bejustaverbal statement)andthe 180 nd defi 182 nitions ofspecifi 183 179 181 Ineithercase Lookinyour c offenses uently, the cials ce or 28 A student facing long-term suspensionorexpulsion mustreceive: long-term A studentfacing sion ismadeatahigherlevel hearing. andthereisarighttoformal If astudentistobesuspendedformorethan10days orexpelled, thedeci- ★ IN MARYLAND LONG-TERM SUSPENSIONSANDEXPULSIONS • Statelaw doesnotincludeany suspension,but righttoappealashort • • Unlessschooloffi• cials feelthatthestudent’s continuedpresencewill term suspensionorexpulsion isappropriate,ittakesterm effect. detail above. Ifthesuperintendent’s representative finds thatalong- suspensions,andisdescribedinmore short-term students facing That initialconferenceshouldbethesameasone provided to resentative aconferencewiththestudentandparents. mustarrange If theinvestigation therequest,superintendent’s supports rep- a representative ofthecountysuperintendentwho mustinvestigate. days ormore)expulsion begins witharequestfromprincipalto Conference andnoticeofthecharges. suspension(10 A long-term act asahearingexaminer. board may heartheappeal.Orboardmay to appointanattorney principal. County hasarighttorequestreview by anofficial above the tion andthentoahigherofficial, andastudentinPrinceGeorge’s County hastherighttoappealprincipalforreconsidera- both countiesdoprovide suchappeals. A studentinMontgomery within 10days. or thestudent’s parent or guardianmay appealtotheschoolboard tive upholdstheprincipal’s action,thestudent proposeddisciplinary Formal andprivate hearing. Ifthesuperintendent’s representa- ning ofthesuspension. aconferencepromptly afterthebegin-notify theparentandarrange pen beforetheinitiationofsuspension.Ifnot,schoolmust compromise schoolsafetyandsecurity, theconferenceshouldhap- ences orhearings. fortranslationatdisciplineconfer- thatcanarrange headquarters the parentorguardianrequests ittobeopen. 185 187 The schoolboardoradesignatedcommitteeofthe 184 188 The hearingwill notbepublic unless 189 186 SCHOOL DISCIPLINE & DUE PROCESS 198 199 rst consult rst DISCIPLINE FOR STUDENTS WITH DISABILITIES WITH FOR STUDENTS DISCIPLINE Yes. Parents of students with disabilities have a right to appeal a school’s school’s a right to appeal a of students with disabilities have Parents Yes. of a disability a result was behavior a student’s conclusion about whether educational a student from their regular decision to remove as any as well can appeal will be granted they who a hearing where Parents program. Can students with disabilities be suspended? Can students with a student with a disability a short-term sus- give cials may offi School Yes. the school in the same way or less) lasting 10 days pension (a suspension a short-term students without disabilities. can give suspension to Can students with disabilities What about other punishments? long-term suspensions or expulsions? receive is facingIt depends. If a student with a disability a long-term suspen- must fi the school or an expulsion, or longer) sion (11 days with students for a right to appeal discipline decisions Is there disabilities? ★ when differently with disabilities students to treat have Do schools discipline? it comes to school facing disciplinary special rights when with disabilities have Students Yes. that sometimes their actions recognizes The law cials. school offi action by needs, and therefore should be are a result of their special and behaviors without disabilities. students by than actions addressed differently and talk to the student’s Plan” or IEP, Education “Individual the student’s have may misconduct the student’s parents in order to determine whether ndings, there are Depending on the fi his or her disability. been caused by that should be tailored to placements options including alternative various There are further special situation. student’s the details of the individual (car- commits a serious offense procedures if a student with a disability drugs to school, possessing illegal school, or causing at rying a weapon serious injury to another person). Federal law protects the rights of students with disabilities who face school who with disabilities the rights of students protects law Federal cases are in such rules and the special discipline, follow that schools must required. outline of what’s a basic only material can provide This complex. 29

190 nal 192 And a student 193 197 191 196 194 Montgomery County requires schools to “make every effort” to effort” Montgomery every County requires schools to “make 195 Both school offi cials and the stu- defense.Evidence and student Both school offi and testi- evidence present may representative, dent, or his or her in support to the proposed long-term or opposition mony suspension or expulsion. A translator should be provided if needed. To ensure To if needed. be provided A translator should Translator. the ESOL contact arrangements,translation or students may parents directly. their school district ce for offi Nothing in law requires the school to pay for legal representation. for legal the school to pay requires in law Nothing and parents retain the right to go to state and federal courtand parents retain the right to go to for further challenge. decision for the school system on the proposed discipline. decision for the school system on the be Further may appeal. Decisions of a county board of education appealed to the Maryland State Board of Education. A hearing examiner must write a report must write examiner A hearing on the facts Conclusion. and the board to the board, a recommendation make and and the law as it considers staff again from the student and the school hear may the fi The board makes recommendation. the hearing examiner required, to have a representative or lawyer present at the hearing. present or lawyer a representative to have required, • • • • The student has a right, but is not right, but has a student The • attorney. an by Representation How long can the school system keep records of past records system keep long can the school How disciplinary actions? Maryland documentation of disciplinary schools must keep actions in your graduatele until you or turn change schools, informa- 21. If you school fi tion about past disciplinary as detentions, suspensions and actions such school. new to your must be forwarded expulsions Only in unusual situations. Maryland law allows immediate suspension of allows unusual situations. Maryland in law Only is disrupting endangering others, but the regular a student who classes or after- soon as possible” “as notice and conference must be provided wards. Can a teacher or school offi me in the middle of the cial suspend offi or school Can a teacher parent? notifying my rst and send me home without fi day notify parents before any student is removed from school. Prince George’s from school. Prince George’s student is removed notify parents before any if parents at the end of the school day a suspension effective County makes be reached. can’t SCHOOL DISCIPLINE & DUE PROCESS welfare oftheschool.” over studentsorthebehavior hasadirecteffect ontheorderandgeneral functions, where appropriatepublic schooladministratorshave authority necessarily limitedto, school-sponsoredevents, field trips,andathletic school hoursaswell asatsuchothertimesandplaces,including,butnot the CodeofStudentConductis“ineffect duringregularly scheduled under schoolsupervision. conduct any timeyou inaschool-sponsoredactivity areparticipating or According toD.C. law, schoolofficials canregulate your behavior and grounds? Can theschoolpunishmefor what Idowhen I’mnotonschool ★ school’s decision. andpresentevidencebring anattorney andtestimony tochallengethe will becompromisedintheschoolsetting.” is reasonable beliefby theprincipalthathealthandsafetyofothers school willnotbesubjecttodisciplineby schoolauthoritiesunlessthere onby studentsoutsideschoolhoursandawayschool thatarecarried from In Maryland, Countysays Montgomery that“[a]ctivities unrelatedto discipline forotheroff-campus conduct. or while you areridingonaschoolbus. aresilentaboutschool The rules a schoolactivity off event, campus,suchasasports field triporprom, you violateprovisions ofthestudentcodewhile youin areparticipating school andnotconnectedwitharearguably private andnoneof onthesubjectovercountry theyears. The restofyour actionsaway from That viewpoint isconsistentwithwhathave courts saidacrossthe can bepunishedifschoolofficials believe ithasaneffect onthe school. DISCIPLINE FOR OFF-CAMPUS CONDUCT DISCIPLINE FOROFF-CAMPUS 200 203 Thus bothtexts suggestthatoff-campus conduct 201 That meansthey probably can punishyou if 202 InPrinceGeorge’s County, 30 Internet. Internet. students’in thesematerialsconcerning righttopublish off campusviathe protected by theFirst Amendment. Seethediscussioninanothersection interference mustmeetthehigheststandardsincetheseactivities are speaking, demonstrating)especially raisesseriousquestion. Any school School disciplineinconnectionwithoff-campus expression (writing, publications). and causessomeincidentthere(poems,letters,songlyrics ormoregeneral inademonstration;orwritingsomethingthatgetsbacktoschool ing part suchasby trainingrules smoking;tak- criminal conduct;breakingsports (party, car, etc.)wherefi thereisalcoholordrugs; ghting ormoreserious oralcoholoffExamples includeusingdrugs campus;beinginaplace direct andsignificant effect onstudentsandtheenvironment insideschool. school officials canmake aconvincing case thattheoutsideactionshada cases have allowed schoolstopunishoff-campus conductusually where the school’s elsewhere business.Butcourts thathave consideredspecifi Photo, courtesyofMilesLifson c STUDENT SEARCHES & INCIDENTS WITH THE POLICE cial 207 cial might have reasonable reasonable cial might have 209 ed. where school offi cials order students to remove cials order students to remove school offi where be generally all or most of their clothes would be can never that they as so intrusive regarded justifi legally The school board and sheriff’s department The school board and sheriff’s 2007 paid August Md., in County, in Kent several to $285,000 in damages and apologized strip-searched in connec- were students who the subject tion with a mass search that was The of Maryland. ACLU the by of a lawsuit the High School principal invited County Kent department“lock- to conduct a county sheriff’s cials may not strip search students, but doesn’t but doesn’t not strip search students, cials may In Maryland, the law is silent. However, strip searches However, is silent. the law In Maryland, 208 down” of the school. During this lockdown students were required to leave required to leave students were lockdown of the school. During this down” to sniff drug detecting dogs their personal belongings behind to allow hand backpacks and other student items; police searched some bags by Though suspicion or consent. warrant, reasonable all without any as well, a deputy sheriff contraband, none of the bag searches turned up any Can school offi students? cials strip-search offi Can school school offi says law D.C. What is the “reasonable suspicion” needed for a search? needed for suspicion” “reasonable the What is than a hunch more must have cial a school offi requires that This standard observed facts a student suggesting that must have That is, she or a guess. example, school rule. or violates a For unlawful something that’s possesses as smoking such breaking a school ruleif a student is caught or law then a school offi cigarettes in the bathroom, infraction, possessing student is also committing another suspicion that the a search of the be enough to justify likely That would cigarettes in school. if a school offi another example, person and belongings. For student’s brought drugs source that a student into a reliable a tip from receives the suspicion to search reasonable have probably would school, the school behav- in clothing or evasive suspicious bulges rules say student. In D.C., be enough. also something may ior suggesting hiding ne the term. defi 31 204 206 205 cials must cials STUDENT SEARCHES AND INCIDENTS WITH THE POLICE THE WITH INCIDENTS AND SEARCHES STUDENT Can the principal or a teacher search me? search Can the principal or a teacher Amendment The Fourth under special circumstances. but only Yes, or searches and seizures” of our persons protects us from “unreasonable set they up all their rights when Because students do not give property. school offi foot on school property, And if a student is taken to the offi ce for questioning, even for quite a for quite ce for questioning, even to the offi taken And if a student is parents contacted. right to have there is no while, a student requirements for searching meet two cial must have a school offi First, to be lawful. suspicion, based on facts, that a reasonable that the student has violated search will prove a the way or a school rule. Second, the law be rea- cial searches a student must school offi based on intrusive and not excessively sonable are they gender and age and what the student’s to Both requirements apply being searched for. persons (such as pat down searches of students’ or rearrangement of clothing or emptying of pos- as searches of students’ as well pockets) also requires that Marylandsessions (such as backpacks or purses). law law searches of a student must be done with a third person present; D.C. search of a student. protection in any calls for privacy Is there any limit on the principal or other school staff making me staff school principal or other limit on the any Is there questions? answer stop and to students directions give staff teachers and school In general, Not really. study hall go to an errand, a classroom, do in or leave (to stay all the time street, a minor an adult in the after school). Unlike ce, or stay or the offi of school teachers and these orders but to follow in school has no choice or stop in a cor- directions to step out of class administrators, including court as a any to be seen by not likely These are ridor to be questioned. Amendment. the Fourth ned by as defi “seizure” or detention STUDENT SEARCHES & INCIDENTS WITH THE POLICE it isincreasingly popularforschoolstorequirestudents togothrough Yes. Duetothegrowingaboutviolence andweapons concern in schools, wrong? even iftheyhave noreason tosuspect thestudentsdidanything Can aschool useametaldetectoronstudentsortheirpossessions, which meanscriminalcharges arepossible. in aschoollocker they willalsomostlikely tellthepolicewhat they found, tion. Thus, ifschooloffi search anduseitagainstyou ac- asevidence ofadisciplinary insupport Yes. Schoolauthorities may confiscate anything they find inalegitimate or weapons, can theyuseitagainst me? If theyfind somethinginmy locker ordesklike drugs, cigarettes, vidualized suspicionthatheorshehasviolatedalaw orschoolrule. officials cansearchthemwithoutthestudentpresentandindi- Yes. Studentlockers anddesksareschoolproperty, andtherefore,school Can theschool search studentlockers anddesks? shouldnotjustifyasearchofeveryonedrugs inaclass,rally, orprom. thatsomestudentsareusingorholding or aschoolregulation. Information that theindividual student orstudentsbeingsearchedareviolatingthelaw ficials musthave reasonable suspicion thatthesearchwillreveal evidence No. Inorderforasearchofeveryone inaclasstobelawful, schoolof- one student? Can theschool search anentire classjustbecausetheysuspect ★ Seethenext sectionalso,onmasssearches. operation seemsincorrect. system quickly admitteditsmistakes, asjustaboutevery detailofthe Nothing waspose herundergarments. foundoneitherstudent. The school andex- strip searchandrequiredasecondfemalestudenttoliftherskirt intrusivesubjected onefemalestudenttoavery andhumiliatingfull-body or isbeingcommitted.” school officials have a“reasonable belief thataseriousoffense has[been] protection andrequiresthestudenttobepresentforalocker searchunless However, PrinceGeorge’s Countypolicy gives privacy studentsgreater MASS SEARCHES cials fi 213 nd illegal weapons onastudentor ordrugs 214 212 211

210 32 presence inschools. the ACLU aboutthecumulative isconcerned effects ofincreasedpolice schools have them. metal detectorsbeforeenteringschoolandthesystemsays allhigh D.C. law alsoexplicitly allows schoolstorequirestudentspassthrough interest in regulating drug useoutweighsinterest inregulating drug theprivacy interestsofstudents tion ofprivacy thanotherstudents. alsosaidthataschool’sThe Court activitiesin otherschool-sponsoredextracurricular have alesserexpecta- medical exams andchanging clothesinlocker rooms)orbecomeinvolved reasoned thatstudentswho voluntarily play (thatrequire schoolsports activitiesathletic extracurricular (like dramaorSpanish club). The Court testallstudentsinvolved heldthatschoolscouldalsodrug Court innon- testingofschoolathletes. In2002the upheldrandomdrug Supreme Court Schools officials canonly categories ofstudents.In1995the testcertain Can theschool require metosubmitdrugtesting? ★ of school. obtrusive way arekept out toensurethatdrugs thatsuchsearchesarearelativelygrounds un- sniffing dogs tosearch studentlockers onthe – yes.have Courts upheldtheuseofdrug- It dependshow thedog isused. To sniff lockers Can theschool usedrug-sniffi relatively unobtrusive way toensurethatweapons donotenterschool. thatthey area upheld theuseofmetaldetectorsinschoolongrounds trances, justasthey arecommoninmany publichave buildings.Courts of successfulargument they areunreasonable inprincipleatschoolen- metal detectorsbeforeenteringschoolbuildings. There islittlechance cion tobelieve thosebeingsniffed orlaw. areviolatingaschoolrule students isunconstitutionalunlessschoolofficials have reasonable suspi- havement, courts generally recognized thatusingdogs tosniff individual sniff lockers andusingadog tosniff students. Though thereisdisagree- of invasion of privacy between usingadog to differenceThere isanimportant inthedegree DRUG TESTING 217 Butstudents’ bodies,maybe no. 216 That they may belawful doesn’t meanthey’re wise; ng dogs? 218 215

STUDENT SEARCHES & INCIDENTS WITH THE POLICE 225 cation. Police acting independently of independently acting cation. Police 223 224 into a school to carrycials and coming out an investigation Police may also come to school to talk to students in connection with connection in talk to students to to school also come may Police a crime. investigating Yes, though there are limits in Maryland. Remember that anyone being in Maryland. though there are limits Remember that anyone Yes, police has the right to remain silent. by time, anywhere questioned any schools to ques- c rules coming into D.C. place limits on police No specifi tion students. What is “probable cause”? “probable What is believe person would a reasonable when a search exists cause for Probable most likely facts and circumstances a search would that under the known The level that a crime is being or has been committed. evidence reveal is information cause” standard the “probable of reliable needed to meet suspicion.” a “reasonable needed to have higher than the level students in school cials to search offi school is it easier for Why police? than it is for The Because courts trust counselors, principals). educators (teachers, interests students’ cials have Supreme Court has ruled that school offi safety and discipline so that in mind and need the authority to maintain The Court guar- therefore reasoned that in order to learning place. can take learning an orderly action to maintain cials can take antee that school offi students with to search are allowed staff school for everyone, environment search students if they than police must have threshold of evidence a lower enforcement purposes. else) for law (or anyone at school? cers question students Can police offi Can a police offi at school? a student cer search offi Can a police justifi with proper but only Yes, school offi to carry staff get school (or who as part out a search of such an investiga- That means must elsewhere. the Constitution just as they tion) must obey a police searched by when protection stronger privacy students have of- Police a principal or teacher. case of searches by cer than in the offi possessions where search a person or a person’s can only cers, in general, fi been or is being that a crime has cause” to believe “probable have they committed. 33 221 No court has 219 222 220 POLICE OFFICERS AT SCHOOL POLICE OFFICERS AT VIDEO SURVEILLANCE IN SCHOOL VIDEO SURVEILLANCE Montgomery County employs 200 school security offi also are cers who 200 school security offi Montgomery County employs assigned to high schools and middle cers and are police offi not sworn are Counselors who 65 Investigative County has schools. Prince George’s of arrest, are about 130 security assistants who cers with powers offi sworn cers, and a third group called school resource deputies, who offi not sworn at department. High schools have cers in the county sheriff’s offi are sworn least one of each of the three kinds of security staff. Yes. In the District of Columbia, school security is the responsibility of In the District of Columbia, Yes. About 100 are come in and out. cers may the police department so offi The rest of the high schools. stationed in high schools and middle/junior or cers with weapons offi security force are unarmed guards (not sworn One and called Hawk company a private by of arrest) employed powers the police department.supervised by ★ police at school? to have Is it okay There is a trend to put video cameras and recorders on school buses. put video cameras and recorders on There is a trend to of 1250 total) 300 buses (out Montgomery in 2006 had over County County in Prince George’s equipped with video cameras and recorders. buses with camera hookups but had 2006 had equipped all 1400 school The District of around as needed. are moved They cameras. 100 only school bus transportation to students in (except provide Columbia doesn’t use cameras on those. special education) and doesn’t Montgomery County has a specifi in schools with cameras c rule allowing Montgomery has a specifi County say rule locations and with notice. (The doesn’t in public limits: only two be form Montgomery must take.) what the notice County students may gathered through video surveillance. on evidence disciplined based ★ on the bus? or us in school to watch put up a camera Can a school areas. surveillance be free of video no right to in public Students have Yes. areas put up in private should be honored and no cameras hope privacy We such as bathrooms. participating sports in other extracurricular and activities. upheld random drug random upheld or district. in a school students of all testing STUDENT SEARCHES & INCIDENTS WITH THE POLICE needs toinvestigate thatcausedthe originalsuspicionanddeten- thefacts cion aboutyou), thedetention mustbebrief,limitedtothetimeoffi If you’re notfreetogo(becausethepolicehave somesuspi- you’re freetogo. person isinvolved incriminalactivity. It’s always OKtoaskif cer hasareasonable suspicion,basedonspecifi thatthe c facts, when anofficer candetainaperson–basically only iftheoffi have decidedmany casesthathelpestablishfor strictrules you’re notfreetoleave, you have beendetained. The courts signals your cartostop,andthewords or actionsmake itclear (called “consent”).Butifapoliceofficer tellsyou tostop,or Police canstopanyone tochataslongthepersonagrees outside ofschool? What are my rightsifIamstoppedby apoliceoffi ★ ask thatstudentsberemoved student. beforepolicequestionanarrested studentonschoolproperty,an arrested soschoolofficials aresupposed to what happenedandwhere thestudentis.Police officers may notquestion ficials mustfi parentspromptlynd outthedetailssothey caninform about are toavoid thestudentasmuchpossible andschoolof- embarrassing ofastudentatschool,butifitcan’tmake anarrest beavoided thenpolice requirespolicetodoeverythingMaryland they cantoavoid having to the alleged when offense you occurred were notatschool. you justlikearrest anyone else,even while you areatschoolandeven if cause tobelieve you have committed acrime,they have theauthorityto Yes. Iflaw enforcementofficials have orprobable foryour awarrant arrest Can Ibearrested when Iamatschool? tioning withoutaparent’s consent. of thestudent. And policecan’t take astudentaway fromschoolforques- out andtheschoolmustpromptly tellparentsaboutthepolicequestioning students orstaff atschool. A schoolstaff personhastobepresentthrough- school orunlesswaiting would compromisetheinvestigation orendanger question you atschoolunlessthey’re investigating at acrimethatoccurred limitspolicequestioningofstudentsatschool.PoliceMaryland can’t POLICE CONTACTS OUTSIDESCHOOL 228 226 cer - cer 227 34 records oftheirstudents. D.C. law allows schoolofficials tohave andcriminal access tothearrest 2004) (available from Amazon). to HandleEncounters With LawEnforcement (Oakland, Calif.: AK Press, useful resourceonthesubjectisKatyaKomisaruk, BeattheHeat:How to addressthesubjectofencounterswithpoliceinstreetdetail. A aboutthelawLearning helpsyou protectyourself. There isn’t spacehere should berequired. police friskpeopleinmoststopseven withouttheextra suspicionthat might beaweapon isafullsearch(goinginsidepockets) lawful. However, of your clothingwhen conductingafrisk.Only ifthey feelsomethingthat not thesameasasearch. The policecanonly patyou down ontheoutside safety ofthepoliceoffi you may beconcealingaweapon andthefriskisthereforetoassure ing orconsent. They aresupposedtohave additionalevidence suggesting suspicion standardjustdescribed, thenthey canalsofriskyou withoutask- If policedetainyou briefly, atschoolorelsewhere, basedonthereasonable consent toasearch”–unlessyou’re sureyou want toconsent. possessions, orcar, you shouldalways stateclearly andpolitely, “Idonot any questions.Ifthe offi further cer asksifheorshecansearchyou, your officer’s suspicions. tobepresentbeforeyouAsk foranattorney answer You don’t have toanswer policequestions,thoughrefusalmay increasean have identifi itwithyou, ortoshowcation, tocarry ittoidentifyyourself. tion. Iftheofficer asks,give your name. You arenotrequiredby any law to apart fromregular school. apart with suchanoffense inanalternative educationalprogram mitted by anadult). The schoolmay placeastudentcharged oracrimethatwould paraphernalia; drug beafelony ifcom- weapon or toschool;using, possessing,ordistributingdrugs or ifastudentcommitsseriouscrime(suchasbringing a forbeinghabitually ordelinquent truant a studentisarrested lawMaryland schooloffi enforcementmustinform be notifi If Iamarrested outsideofschool, willmy school ed? cers asthey completetheirinvestigation. A friskis 230 229 cials when SEXUAL HEALTH & EDUCATION rst, dentiality cantly older cantly 236 237 238 dentiality policy. dentiality about drug abuse, alcoholism, STIs, contraception, pregnancy or rape about drug pregnancy STIs, contraception, abuse, alcoholism, parents. consent of your without the There are a few situations where child abuse laws require doctors or require child abuse laws where situations There are a few be illegal other professionals to report that may teenagers engaging in sex signifi relations with sexual (such as incest, rape, or having partners). If you want to be sure about confi dentiality, ask the doctor’s policy fi policy doctor’s ask the dentiality, be sure about confi to want If you advising or or others doctors, psychologists allows since Maryland law needed or parents about any notify the minor patient’s treating minors to contraception practitioners offering medical treatment. Many provided that confi medical counseling do understand and other types of are not though they even patients. However, is important young to their get any to do so. Before you choose parents, some may required to notify doctor’s about your it is therefore a good idea to ask advice or treatment, confi 35 235 A student may A student may 234 SEXUAL HEALTH AND EDUCATION AND HEALTH SEXUAL Students interested in a more in-depth sexual in a more in-depth sexual Students interested 232 233 Students may be excused from such instruction from be excused if parents Students may 231 be excused from such instructionbe excused with a written request from a parent. health education may, with their parents’ permission, a course elect to take with their parents’ health education may, is to That class behavior. and sexual human physiology on advanced and include information on contraception, intercourse, STIs, sexuality, structures.family Do I need my parent’s consent to get birth or to talk consent to get control parent’s Do I need my or drug abuse? pregnancy, to a doctor about STIs, be told? parents Will my kind of contraception. consent to get any do not need a parent’s You sell condoms 7-11) stores (like Pharmacies and convenience CVS) (like without requiring a prescription. A doctor can prescribe birth control medications such as pills, patches, im- ll such prescriptions plants, rings and injections, and pharmacists should fi treatment or advice also receive may You permission. without parental D.C. schools must provide sexual health information sexual including information schools must provide D.C. changes during adolescence, menstruation, physical on human anatomy, childbirth, HIV/AIDS), lactation, STIs (including intercourse, pregnancy, of and prevention and awareness contraception, abortion, homosexuality, must also touch on issues of Discussions offenses. rape and other sexual and sexuality. personal decisions in matters of parenting Do students have a right to learn about HIV/AIDS, other sexually HIV/AIDS, to learn about a right have Do students and pregnancy birthcontrol, (STIs), infections transmitted abortion at school? curriculums health different for sexual and Maryland have schools D.C. these subjects. education that cover information about human reproduction Maryland provide schools must as informationHIV/AIDS includ- about as well development and physical and prevention symptoms and complications, ing means of transmission, treatment. send a written request. SEXUAL HEALTH & EDUCATION consent. sion tohave withoutfi anabortion rst notifying parentsorreceiving their ahead withoutnotifyingthe parents. decisiononherowninformed abouthaving thedoctorcango anabortion, lems). Also, ifthedoctorbelieves theminorismatureenoughtomake an inordertonotifytheparentsmaythe abortion causehealth-relatedprob- wise notbeinthebestinterestofminor(forexample, where delaying And nonoticeisneededifthedoctorconcludesnotification would other- may besubjectedto physical oremotionalabuseiftheparentsare notifi believes theabortion notice isneededifthedoctorperforming theminor intwoparents totellthem.Noticeisalsounnecessary othersituations.No the doctormakes areasonable butunsuccessfuleffort totrackdown the effective noticeisn’t needediftheminordoesn’t live withherparentsand Even thenotification requirementcanbewaived inseveral situations. First, requirement isfornoticeonly, anddoesnotrequireparentalconsent. notify theparentsofaminorwho hasdecidedtohave anabortion. This law,According toMaryland under mostcircumstancesdoctorsmustfi tion. It isawoman’s constitutionalrighttochoosewhether tohave anabor- or willtheybetoldifIhave one? but don’t want totellmy parents. DoIneedmy parents’ permission I have weighed my optionsandhave decidedtoget anabortion, decisions withouttheirparents’ permission. andD.C.,In bothMaryland minorswho arepregnant canmake allmedical welfare, orprolongsuffering. would seriously increaserisktotheminor’s life,healthor doctor mustbelieve thatdelay while waiting forpermission medical treatmenttoaminorwithoutparentalconsent. The or thedoctorisintrouble. A doctorcangive emergency own, tomedicaltreatment. That meansparentshave toagree health andemergencies, minorsmay notconsent,ontheir No. Ingeneral,except fortheexceptions ofreproductive without my parents’ permission? May Ireceive otherkindsofmedicaltreatment 241 IntheDistrictofColumbia,minorshave therighttomake thedeci- 242 239 243 240 rst ed. 36 tions, andtreatmentforwomen duringandafterpregnancy. provide STItreatment,pregnancy control information, testing,abor- birth To getadviceandhelpsomewhere else,thereareclinicsintheareathat confi idea tocontactyour healthcareprovider first ifyouabout areconcerned a noticeofthevisitmay bemailedtoyour address.It’s probably agood parents’ healthplanormedicalinsurancetopay foravisittoyour doctor, will cover someormostofthecosts.Butkeep inmindthatifyou useyour ThePrinceGeorge’s CountyHealthDepartment’s• Healthy Teen PlannedParenthood provides safeandconfi• dential sexual health dentiality. 8/14/07) orcall301-324-5141. Treatment ofminorsisconfi AgencyIndex/Health/adolescents.asp?nivel=foldmenu(3) (visited Web siteathttp://www.goprincegeorgescounty.com/Government/ between theagesof 10to21.For visittheir moreinformation, and Young Adults program provides freetreatmenttoyoung people http://www.ppmw.org (visited8/14/07). pointments, you canreachPPMWat202-347-8500 orat rates,directiontoclinicsand ap- aboutservices, more information Spring andat19650ClubhouseRd.,Suite104,inGaithersburg. For they haveIn Maryland clinicsat1400SpringSt.,Suite450,inSilver 16th Street,N.W., at3937AMinnesota andinnortheast Ave., N.E. (PPMW) hasclinicsattwo locationsinD.C., downtown at1108 Metropolitan area.PlannedParenthood ofMetropolitan Washington topeopleintheD.C. services, includingabortion services, these issueswithhimorher. Somefamily healthcareplans Talk toyour doctorifyou arecomfortabletalkingabout after my pregnancy? How canIpay? control, getorreceive anabortion care during and Where canIgo tofind outifIampregnant, get birth that’s only law, inMaryland discussedinanothersection. D.C. istheparentalnotifi andMaryland No. The only limitonaminor’s in decisionaboutabortion abortion? Do Ineedmy boyfriend’s permissiontohave an cation requirement dential. SEXUAL HEALTH & EDUCATION 248 ciency ciency 246 247 245 but where one or both parents are under 18, no permission from their own permission 18, no are under parents or both one own from their but where is required. parents Can I go to school if I have HIV or AIDS? HIV or if I have to school Can I go Acquired Immune Defi A person with HIV infection or Yes. In Maryland, if a minor parent chooses to put her baby up for adoption, the up for adoption, put her baby parent chooses to if a minor In Maryland, The attorney will prepare courtfamily an attorney will appoint to her case. chosen the adoption. has freely that the parent a statement if I become pregnant, school me leave make cials offi Can school participating in certain me from activities? or forbid a parent, or married pregnant, is right to a has the same A student who student, including the right to participate other in free education as any regarding regulations the school. School by offered and programs activities student the health of the pregnant must be aimed at protecting pregnancy not discriminate against preg- itself. Schools may or the education process no health issue is involved when their activities limiting nant students by such as students on pregnant only imposing special requirements or by notes from doctors not others, provide students, but pregnant making by of a leave student wishes to take If a pregnant to participate in activities. the student to resume her edu- allow absence from school, the school must she left. cation at the same status as when not be barred schools or public from attending Syndrome (AIDS) may school or school district. a public by otherwise be discriminated against 37 244 nationally as well as advice about what to consider when selecting when to consider as advice about what as well nationally site of the National Coalition Web an abortion out the clinic, check (visited at http://ncap.com/abortion_how.html Abortion Providers for 8/14/07). ment. Call 240-777-1760. Services are confi no and there are dential Services 240-777-1760. ment. Call are confi Montgomerycation requirements. County also has parental notifi reduced-cost ser- free or that provide health clinics three community Rockville: 240-777-3591, in Germantown: are located They vices. Access to the clin- Spring: 240-777-3066. Silver 240-777-3120, and ce called Service that discusses Eligibility Unit ics is through an offi ce that best the offi to nances and then refers you fi situation and your needs. ts your fi Parent consent is not needed for birthneeded for is not consent Parent services control or pregnancy care. • additional information about abortion clinics in the area and For • and treat- free testing The Montgomery provides County STD clinic Yes. Parents under the age of 18 may decide to put a child up for adop- under the age of 18 may Parents Yes. required in all adoptions is usually tion. Consent of both natural parents No. The law protects your right to choose whether or not to have an abor- or not to have right to choose whether protects your The law No. that decision for you. tion. No one else can make parents’ adoption without my up for baby Can I put my permission? Can my parents or boyfriend force me to terminate my pregnancy? me to terminate my force or boyfriend parents Can my MILITARY REGISTRATION, RECRUITERS & SCHOOL https://www.sss.gov/RegVer/wfRegistration.aspx (visited8/14/07). ister). Conscience and War inD.C. (who willinmostcasesrecommendyou reg- (religious get-togethers) inD.C. orSandySpring,Md.theCenteron service. They welcome inquiries,forexample attheQuaker Meetings for many years helpedpeopleevaluate military theiroptionsconcerning Friends, orQuakers, who opposewar oftheirreligiousviews, aspart have draftcounselor.for advice,contactamilitary MembersoftheSociety you don’t you aretechnically inviolationofthelaw. You dohave choices; eligible register mendoinfact (about99%ofthoseages20to25)andif draft isreinstatedandyou in themilitary, arecalleduptoserve you will also.Objectorsmust register fortheSelectivesolid grounds Ifa Service. tious objectorstatusmay bereligiousbutmoral andethicalprinciplesare may Beliefsqualifying forconscien- service. opposeany ofmilitary form No. Someconscientiousobjectorsmay andothers opposebearingarms, from registering for theSelective Service? If Iconsidermyself tobeaconscientiousobjector, amIexempt during the Vietnam War. take an Act ofCongress. The lastdraftwas ineffect from1967to1973, people who may becalleduponquickly ifadraftisreinstated. That would istration systemistokeep recordsallowing contactinfuturewitheligible “selected” andenterthemilitary. oftheSelective reg-The purpose Service registering withtheSelective doesnotmeanthatyou Service willbe No. Rightnow so theUnitedStateshasanall-volunteerservice, armed If Iregister, doesthatmeanIagree toenlistinthemilitary? a 60day periodbeginning 30days beforeyour 18thbirthday. mean thatundocumentedmenmustregister. The timetoregister iswithin The federalagency involved, thisto calledtheSelective interprets Service, have tocometheU.S. beenpermitted forlimitedperiodsoftime,etc.). are invalid non-immigrant status(e.g.,students,visitors,andpeoplewho who areages18through25(notyet 26)mustregister, except thosewho Yes, ifyou areamale. The law says thatallmenliving intheUnitedStates Do Ihave toregister withtheSelective Service? 250 You canregister when gettingadriver’s licenseandalsoonlineat MILITARY REGISTRATION, RECRUITERSANDSCHOOL 249 Most 38 they may gotojail. or outside themilitary; may doalternative service they inside themilitary; may dononcombatduty severalface options:they Conscientious objectors tious objectorstatus. then requestconscien- have to anopportunity they want willhelp orthinkthat themilitary todoonce they graduate “delayed program” frequently entry because they areunsureabout what Most highschoolstudents who dosounderthe signupforthemilitary my mind. CanIback outnow? I signedupfor themilitaryinhighschool, but now I’ve changed gov/regist%20information.htm (visited8/14/07). the government agency, theSelective System,athttp://www.sss. Service Washington, D.C. at202-299-1050. You canalsovisittheofficial siteof ( service/default.htm visited 8/14/07)orby contactingtheirlocaloffi Committee (Quakers) Web siteathttp://www.afsc.org/youthmil/selective- You onlineatthe cangetmoreinformation American Friends Service registration? Where canIgo for more information aboutSelective Service eligibility forfederalandsomestategovernment benefi jail, afi yourne, orbothandcanhurt futureeducation,employment and Non-registration isacrime.Conviction ofthatfelony ispunishable by What happensifIrefuse toregister? about potentialrepercussionsbeforeyou make your decision. ing non-registration you shouldfi aspossiblend outasmuchinformation hired forany federalgovernment joblaterinyour life.Ifyou areconsider- federal studentfinancial aidforcollege. And you willbeineligible tobe if you donotregister fortheSelective you Service willnotqualify forany ts. 251 For example, ce in MILITARY REGISTRATION, RECRUITERS & SCHOOL rmatively rmatively 254 The law also The law 255 Schools must inform 256 requires, however, that schools give students and parents the opportunity to that schools give requires, however, before disclosing student infor- insist on “prior written parental consent” parent or guardian has the right to tell the school This means your mation. informationto the military. out your not to give parents and students of that opportunity to “opt out” of the name and ad- to recruiters. les given dress fi Yes, unless your parents told the school to keep the information private. the informationto keep parents told the school private. your unless Yes, that of getting federal education funds requires as a condition law Federal and phone numbers to names, addresses, students’ school districts give armedthe United States forces for recruitment purposes. giving the from stop a school can a student or parent How to the military? information student’s requests and parents’ to honor students’ requires schools Although the law their personal information to military doesn’t recruiters,not to give the law do to inform schools must their what students and parents of say clearly form of notice its own can make rights. Each local educational agency to disclose student information.and means of making a request not Since and the parent to affi it appears that the burden is on the student this request process is often request that information not be released, to be sure that information is not want If you referred to as “opting out.” the school as soon as by formll in and return provided any fi released, and sure that it is received up with the school to make and follow possible miss the deadline for returningrespected. If you the form, send in a form up with the and then follow or other written request as soon as possible, are concernedschool. If you that information has been released to the mil- should contact the school administration and itary will, you against your Can student groups critical of the military meet on campus? military meet critical of the groups Can student other non-curricular groups student allow If schools campus, to meet on all non-curricular groups to allow to meet on campus, in- have then they military service, or war. to the military, cluding those opposed personal my get did they How house. my called A military recruiter them to do that? for Is it legal information? the military. If military recruiters are allowed to present information to present about If military recruiters are allowed the military. to present be allowed must other speakers militaryts of a career, benefi to militaryinformation service. about and alternatives 39 252 cials That court didn’t go as far as to require That court didn’t 253 Can outside groups critical of the military get equal time on equal get critical of the military Can outside groups their views? campus to present One federal appellate court has ruled that if a school allows Perhaps. offer- out other organizations keep military recruiters on campus, it can’t even to the military, ing information about careers that are alternatives in the peace movement. working Yes, or at least it’s a condition of federal funds that school districts are federal funds that school districts a condition of at least it’s or Yes, and Maryland D.C. Washington, schools in All public up. to give unlikely military recruitersmust allow to federal education funds to keep that want other allow that they in the same way come into school and talk to students to meet with and recruit students. or universities colleges, employers, Do military recruiters have a right to come to public high schools high schools come to public a right to have Do military recruiters students? to recruit them pay for college. The delayed entry program means you sign up sign entry you means program delayed The college. for pay them gradu- you until to boot camp go but don’t school, are in high you when out get can usually mind before graduation, you change your ate. If you start you cult after more diffi it is however, enlistment contract; of your a trained military should contact counselor you Either way, boot camp. more information can get about the You options. about your to get advice Committee out of it at the Central to get entry and how program delayed site at http://www.objector.org/girights/ Web Objectors’ for Conscientious over-the-phone For (visited 8/14/07). delayed-enlistment-program.html information call their GI Rights Hotline at 800-394-9544. or advice, that outside groups with views against militarythat outside groups service with views had a right to be al- Their place at the same time as military to be in the same recruiters. lowed to Since no case on the subject has gone access just had to be comparable. and Maryland would if the courts not clear in D.C. court in our area, it’s come up with the same result. students discussed in another section allow School district regulations So students concerned and put on programs. speakers to invite generally of military invite service to should be able favor pressure in about heavy an anti-military group to speak to interested students. If school offi then the school cannot speakers, outside student groups to invite allow discriminate against one potential guest just because the principal or other and of war – such as criticism cials disagree she might say with what offi MILITARY REGISTRATION, RECRUITERS & SCHOOL GED, fromhighschool. orhasnotgraduated Standards vary accordingtowhether apersonhashighschooldiploma, has established minimum AFQT scoresforadmissiontothemilitary. measure known asthe AFQT – ForcesArmed Qualifying Test. Congress selected individual sections ofthetestarecombinedtocomeupwitha fordifferent jobs.Scoresfrom areas thatareconsideredimportant military The ASVAB issupposedtoidentifytalentandnaturalskillsinsubject Information, andMechanicalComprehension. Auto andShopInformation, Comprehension,MathematicsKnowledge,Paragraph Electronics sections: GeneralScience, Arithmetic Reasoning, Word Knowledge, No. It’s probably athree-hourtestcalledthe ASVAB thathaseight Do Ihave totake it? The Army iscomingtomy school togive atest. htm#opt (visited8/14/07). Web siteathttp://www.afsc.org/youthmil/militarism-in-schools/default. providedline opt-outform onthe American FriendsCommittee’s Service isnotdisclosed. make sureinformation Alternatively, you canusetheon- also have thatright.Still,aparent’s signatureisprobably thesafestway to studentswhoof studentinformation, areeighteenyears oroldershould the statutesstatethatparentshave thefinal say inprohibitingtherelease thencontactthemtoaskberemovedcruiters, fromtheirlists. Although oftheschool’sask forthenamesandcontactinformation designatedre- 40 follow thatoption. (allowingmilitary studentstodothatindividually ifthey wish),butfew actually hastheoption ofnothandingover allitsstudents’ scorestothe But thereisnolegal requirementthatastudenttake the ASVAB. A school battery, and it costsnothing(thePentagon provides thetestandscoresit). may recruiters encourageschoolstohaveMilitary allstudentstake thetest detailed discussionoflifeinthemilitary. andthey don’tsign upeachmonthandquarter want togetbogged down in offirecruiting ce hasaquotaornumberofnew they’re recruits supposedto aggressive tosignpeopleupifthey senseany sparkofinterest,sinceeach by arevery letters,phonecalls, andvisitstohomeschool.Recruiters reach young contactthesetargets peoplethey hopetosignup.Recruiters (scores,name,address,etc.)toidentifyand usetestinformation recruiters meet minimumstandards–what they refertoas“pre-qualifi giveRecruiters who specialattentiontostudentsinthe11thor12thgrade uses But themilitary ASVAB ofyoung todotargeted recruitment people. to possible careers. sonal characteristics,anduse ASVAB scorestomatchtheirbackgrounds through which studentscantake surveys abouttheirinterests,identifyper- Testing Program (alsoknown asthe“CareerExplorationProgram”), This ASVAB ofalarger ofDefense program, testispart theDepartment ed leads.” The PROBLEMS – WHAT CAN YOU DO? In D.C. (at least in past In D.C. 262 All three districts have student school board student school have All three districts Web members, also. (Check the school board If ed each year.) are identifi they sites where group your of students (with a concern) could to meet with the student board representative could You that could help. discuss a problem, your propose that the student member present concern to the full board so that the other non- to be more likely student board members may action. hear it and take each county requires state law In Maryland, one student board mem- school board to have 261 263 HOW TO MAKE CHANGE HOW TO If there is a problem in my school – what can we do about it? can we – what school in my is a problem If there can carry energy imagination can dream up and your As much as your initiate can’t student means you a that just because you’re think out. Don’t Students – of all back- community. school or in your changes in your made and continue to make – have partsgrounds, of the world in many ★ Can students address the school board? the school address Can students that happens for everything responsible legally of Education is The Board system (not school in a public ce to central offi from school at all levels are willing to the local boards hope charterincluding we schools), so with talked you’ve best to do that after probably It’s hear from students. views your the problem, explain can so that you levels at lower school staff help. need the board’s you why – to show views cials’ and the school offi and up in advance to sign members of the public All the boards allow and minutes in Prince George’s y at their meetings – two speak very briefl allowed Montgomery and the former Counties, in D.C. Board of Education speaker. three minutes per years) there have been two student members, also chosen by students from student members, also chosen by been two there have years) juniors and seniors. ber, chosen by students from juniors and seniors. chosen by ber, 41 260 There nd 259 mes- gure out your Montgomery County 258 PROBLEMS – WHAT CAN YOU DO? YOU CAN WHAT – PROBLEMS 257 a group,rst. Organize fi cial responses. cial GRIEVANCE OR COMPLAINT PROCEDURES OR COMPLAINT GRIEVANCE (An ombudsman is independent of ce of Ombudsman is established. Public Schools has the same kind of process, also with deadlines. Public describing the process. available is supposed to be a brochure widely Complaint procedures will change in the D.C. the D.C. Complaint procedures will change in a new Schools in 2007–2008, when Public Offi complaints to fi with investigating and charged involved the agency facts and resolve problems.) facts and resolve there is a process for con- work if informal don’t efforts In Prince George’s to the that includes appeals all the way sidering complaints from the public with deadlines. superintendent and school board, Can we fi that grievance le a written fi Can we act on? someone has to a student has a right to present In D.C., through petitions, complaints or grievances, informal and formal the steps that include with right to a hearing. But the buck stops ce person called an assistant a central offi for allow superintendent; the process doesn’t formal complaints to reach the superintendent lacks Also the regulation or the school board. deadlines for offi sage, get an appointment outside of class time and talk with the person in and talk with the of class time an appointment outside sage, get coach, administra- attention – teacher, situation needs of whatever charge advance a letter prepared in help to have It may person. tor or other staff and suggesting solutions. the problem with the person describing to leave and are trying be constructive. to homework done your you’ve That shows try formal school the procedure in your getting anywhere, If talking isn’t (see another section here). system for complaints ★ What do we do if we have a complaint about our school? about our a complaint have if we do we What do for informalTry fi resolution PROBLEMS – WHAT CAN YOU DO? news ofrealstudents who have stoodupfortheirrights. dedicatedtostudentactivismexamples ofgroups andfeaturinginspiring not muchgoodontheshelf,unused.For ideastogetyou started, hereare and you have avoice them.Students’ tospeakupandassert rightsare There aremany. We have emphasizedinthismaterialthatyou have rights What are sources ofinspiration andadvicefor ouractivism? editorial fortheschoolpaperora Web site. openingupadialoguegroup, withschooladministrators,orwritingan and decidedtomake positive stepstoward change,like creatingastudent thing thatseemedwrong,talked itover withfriends,didsomeresearch, Many withasinglestudentwho ofthesechangesstarted noticedsome- remarkable communities. changesintheirlocal,national,andinternational WhatKidsCanDoworks togive youth amore public voice • inthisareacalled SoundOutfeatures agroup Youth• SoundOutis an organization thatencouragesstudents,teachers,and • P.O. Box 603252,Providence, RI02906,tel:401-247-7665. www.whatkidscando.org (visited 8/14/07). The office isat “Students as Allies inImproving theirSchools.” Their siteis are gettingtheirown views heard. They have aprojectcalled links torelevant news storiesaboutmany ways thatyouth forstudentresearchprojects. grants They alsohave atonof through studentwriting,film, andothermedia. They offer (visited 8/14/07). See http://www.youtheducationalliance.org/index.php?s=18 ing againstthe“CrimeEmergency” inthesummer of 2006. testify- thatincludesaclipofthegroup with avideogallery change intheirschools. The Alliance hasitsown web site Education Alliance, D.C. highschoolstudentsworking for P.O. Box 6185,Olympia, WA 98507-6185,tel:360-753-2686. read aboutstudentsuccessstories.SoundOutcanalsobereachedat involvedcurrently inadvocacy throughouttheUnitedStatesand www.soundout.org/activism.html, where you can locate students (visited 8/14/07). They alsohave aStudent Activism Map,athttp:// their “Student Voice Tool-kit” andotherlinks,www.soundout.org administrators togive studentsavoice intheireducation.Checkout 42 TheFreechild Projecttakes aworld perspective asahugenet- • Advocates for Youth• isanorganization withanarrower focuson www.freechild.org (visited8/14/07). and issueswhere youth aremakingadifference inmany places.See a massive andresourcesonactions onlinedatabaseofinformation ing efforts andwhat student activists really need. Their Web siteis SoundOut,theyNorthwest have thatstarted blog agreat onorganiz- be –involved insocialchange.Founded by inthe thesamegroup work thatconnectsyouth aroundtheworld who are–orwant to 202-419-3420. fice isat2000MSt.,N.W., Suite750, Washington, DC20036,tel: They willeven trainyou tobeanonlinehelperothers. Their of- interested, checkoutwww.advocatesforyouth.org (visited8/14/07). intheUnitedStatesanddevelopingservices countries.Ifyou’re tors, andprogram planners toimprove thedelivery ofyouth-friendly Their goalsincludetrainingyoung peopleasadvocates, peereduca- youth who want toaddresssexual andreproductive healtheducation. empowering youth, specifically toprovide andresourcesfor support Photo, courtesyofMilesLifson PROBLEMS – WHAT CAN YOU DO? and private school voucher programs. It would also increase the state the state increase also It would programs. voucher school and private low- help cash-strapped, would that a move funding, of school share The opportunities. more educational provide school districts wealth and helped media a splash in the state’s made testimony students’ learned they say lessons the students one of the main underscore you though even difference a can make “You experience. from their out that Another pointed one. said matters,” say What you vote. can’t students often care. “But really students don’t a lot of people think If a democratic happening. what’s about do anything can’t feel they they up and students feel their opinion matters, process is opened See http://www.whatkidscando.org/ to participate.” want (visited featurestories/2007/Ohio_students_testify/index.html 8/14/07). 43 and wrote and delivered testimony to the state legislature’s House to the state legislature’s testimony and wrote and delivered The April 2007. Primary and Secondary Education Committee in The bill would support Bill 119. for House of their testimony, target for charters funding schools before providing public fund regular when she found that her home town of Lubbock, Texas, where high where Texas, of Lubbock, town found that her home she when high- has some of the safe sex, the only abstinence as schools teach a 2005 state. Check out and STDs in the teen pregnancy est rates of the truthght to bring to light, pro- documentary fi on her courageous See http:// Knox.” “The Education of Shelby duced for PBS, called (visited 8/14/07). www.pbs.org/pov/pov2005/shelbyknox • researched A groupfrom across Ohio came together, of 17 students • ed sex comprehensive for advocate unlikely became an Knox Shelby What are some specifi c examples of students working for change? for working of students c examples specifi some are What RIGHTS OF PRIVATE SCHOOL STUDENTS of thesematerials. in public andprivate institutionsofhigher educationisbeyond thescope including thoseagainstdiscrimination,butthetopicofrights that receive federalfundsareprotectedby somefederallaws, information afterpromisingJeffreyinformation confi expelled himwhen hetoldachaplainwas gay. The chaplaingotthe case ofJeffrey Woodard inFlorida.HisChristian private schoolinFlorida For anexample ofachallengebasedoncontracttheory, considerthe expulsion, etc.). hearing beforeany punishment,ordoesastudentgetthreestrikes before see whetherways theschoolpromisestoactincertain (istheretobea deal. And you shouldreadyour studenthandbookorcodeofconductto signed somethingwhen they registered you thatgave ofthe someterms many words orsuggested, aboutstudents’ rights. Your parentsmay have to. bothsidesagree on terms That contractmay includepromises,inso and that’s foreducationtobedelivered anexchange: tuitionpaidinreturn contract withaprivate schoolyou attend. You’re paying foraneducation, school (seesectionsthatfollow). And alsoyou andyour parentshave a No. Somelaws ofD.C. may andMaryland give you someprotectionsin they want? Does thatmeanaprivate school cantreat studentsany way cation laws. rights, forexample ifitisaplacementunderthespecialedu- schools atpublic expense may have morelegally protected exception –astudentplacedinprivate schoolby thepublic ofstudentconductandexpression. (One and generalrules tion –includingwhat istaught,theroleofreligion(ifany), have lotsofleeway insettingtheirown approachtoeduca- ment don’t have Constitutions and toobey theUnitedStatesandMaryland private by schoolsarenotrun thegovernment. by Schoolsnot run govern- you have fewer rightsthan ifyou attendpublic school. That is because Some butnotalot.Ifyou gotoaprivate school(below thecollege level) Do Ihave any rightsifIattendaprivate school? 264 ) Studentsinprivate colleges anduniversities WHAT ABOUTRIGHTSOFPRIVATE SCHOOLSTUDENTS? dentiality butbroke thepromise 44 sibilities, politicalaffiliation, sourceofincome,ordisability. orientation, genderidentityorexpression, status,family familial respon- national origin,sex, age, maritalstatus,personalappearance,sexual Thus private schoolsmay notdiscriminatebasedonrace,color, religion, evidence isacceptable.” totheBoard ofEducationthattheir“instruction quality education.For example, D.C. private schoolswere requiredtogive Oversight by stateauthoritiesisintendedtoprovide ofa abasicwarranty What laws protect meinaD.C. private school? (among otherclaims)forbreachofcontract,arguing thatbeinggay wasn’t gay (seebelow) butnotinFlorida.Instead, Woodard andhisparentssued against thelaw inD.C. foraprivate schooltoexpel astudentjustforbeing toothersandexpelled Jeffrey.then disclosedtheinformation Itwould be and relayed totheschool’s theinformation administrators. Those offi only testedhow thislaw applies toprivate universities inD.C. cess toprograms andbenefits afterthey enroll. have casesso far The court prohibits discriminationin studentadmissionsaswell asinstudents’ ac- along withpublic schoolsintheDistrict’s antidiscriminationstatute. for private schoolstudentsinD.C. Private schoolsatalllevels arecovered The D.C. HumanRights Act provides amajorsourceofindividual rights public schools. year of2007–2008astheChancellorselectedby theMayor takes over the BoardofEducationmaythe former changeinmany ways inthecoming what anindividual andinany candoaboutshortcomings, casetheroleof D.C. educationrequirement.ButtheBoard’s compulsory don’t rules say a private school’s program, staff areadequatetosatisfythe andfacilities The Boardhassomebarebonesguidelinesthataresupposedtoassure of aspecifi tract isaquestionthatcanonly beanswered withdetailedfacts handbook orpolicy statementisenforceable asatypeofcon- Whether aprivate school’s promisemadetostudentsina won hiscase;it’s stillgoingon. student couldbeautomatically expelled. We don’t know ifhe listofoffenseson theshort inthestudentcodeforwhich a c situation. 266

265 269 This law This 268 cials

267

RIGHTS OF PRIVATE SCHOOL STUDENTS 271 In Maryland, neither state law nor county code provisions against discrimi- against provisions county code nor state law neither In Maryland, schools. of private actions cover nation 45 The rules don’t say what what say The rules don’t 270 a student can do about shortcomings.a student What laws protect me in a Maryland private school? private a Maryland me in protect laws What and oversight in Maryland, to operate be approved must schools Private a health and safety, supposed to assure of Education is the State Board by transcripts. and record-keeping basic program, RIGHTS OF CHARTER SCHOOL STUDENTS those counties as described in the other parts ofthismaterial. those countiesasdescribedintheotherparts Counties shouldhave thesamerightsasotherpublic schoolstudentsin tions. schoolsinPrinceGeorge’sThus studentsincharter andMontgomery tions” probably meansbothstateandcountyboardofeducationregula- that affects thehealth,safetyorcivil rightsofstudents. out fromundersomelaws, butthey can’t getoutofany law orregulation and regulations governing otherpublicmay schools.Charters apply toget State lawmust follow schoolsinMaryland requiresthatcharter thelaw Many thesamerightsavailable –infact, toany public schoolstudent. schoolsWhat rightsdostudentsinMarylandcharter have? ably vary, justlike alltheotherdetailsoftheirprograms. address rightsofstudents. schoolsprob- Therefore studentrightsincharter legislature writesitsown law schoolsandmay forcharter ormay not with ageneralgoalofencouragingexperiments anddiversity. Eachstate schools,like allotherpublicCharter schools,arecreatedby thestate,but applies tothem. schools arenew andfew caseshave court testedexactly how existing law dom ofexpression anddueprocessindiscipline)shouldapply. Butcharter U.S. Constitutionforotherpublic schoolstudents(includingsomefree- have least,theminimumguaranteesthatcourts At thevery foundinthe apply totheregular public schools,butthey aren’t entirely free. regular publicandregulations that schoolsandtobefreeofsomerules laws tobeseparatefrom inboththeDistrictofColumbiaandMaryland rolled 20,000studentsin2006–2007. They areestablished underspecial grown quickly numberoffering (thegreatest thelower anden- grades) byment butrun private organizations. InD.C. especially, have charters schoolsarepublicCharter schools,fundedandregulated by thegovern- schoolsWhat rightsdostudentsincharter have? 272 WHAT ABOUTRIGHTSOFSTUDENTSINCHARTERSCHOOLS? 273 “Law andregula- 46 regulations thatapply tootherpublic schools. That’s becauseD.C. law exempts schoolsfrommostD.C. charter laws and authoritytoapprove.school toproposeandupthechartering and civil rightslaws apply butbeyond that,thedetailsareuptoeach Some basicrights,butdetailscouldvary ineachschool. The Constitution have? schoolsWhat rightsdostudentsinDistrictofColumbiacharter would beinterestedtohearfromyou. orquestionsaboutstudentrightsatyourinformation school,the ACLU many inthistext. Ifyou areastudentinD.C. schoolandhave charter oversee intheDistrict. The response touchedononly afew areasofthe schoolstheytion aboutstudentrightsprotectionsthey requirefromcharter The ACLU hasasked theD.C. PublicSchoolBoardforinforma- Charter it willmeetfederalandDistrict“civil rightsstatutesandregulations.” ofgettingapprovalBut aspart any schoolmustshow tostart, charter how Those couldincludetheexisting D.C. StudentBillofRights. 274 276 275

ENDNOTES Caudillo v. Lubbock Indep. Sch. Indep. Sch. Lubbock Caudillo v. nding that the school board’s denial of a gay stu- denial of a gay nding that the school board’s cally against sex discrimination have failed. The Maryland Constitution has failed. discrimination have sex against cally attack. but a formnding the message not just speech of psychological porters to end discrimination against religious speech by school authorities and to school authorities porters religious speech by to end discrimination against hold religious-oriented meetings on protect the rights of high school students to Amendment free ex- Along with fundamental First §§ 4071-74. campus. 20 U.S.C. tool to protect rights of LGBT students. legal it has become a valuable pression law, a campus club, rights to have federal court decisions upholding LGBT student’ For Cal. 2000) (grant- Supp. 2d 1135 (C.D. 83 F. Dist., ed Sch. Unifi Orange see Colin v. ing preliminary injunction after fi student club 2004) (upholding denial of gay Tex. Supp. 2d 550 (N.D. Dist., 311 F. dent group’s request for recognition was likely a violation of the Equal Access Act); Access a violation of the Equal likely was for recognition request dent group’s , Ky. County, of Educ. of Boyd Board Alliance v. Gay/Straight County High Sch. Boyd to meet at school student club a gay 2003) (allowing Ky. Supp. 2d 667 (E.D. 258 F. interfere with the or substantially materially it would no evidence since there was ability within the school, limit the school’s conduct of educational activities orderly ability to protect or limit the school’s to maintain order and discipline on campus, Seidel, 95 Prism Club v. of its students and faculty); East High Sch. the well-being Utah 2000) (granting preliminary that a injunction on the basis Supp. 2d 1239 (D. F. been improp- curriculum-related and had thus probably likely student group was gay and meeting on school property from organizing in violation of First prevented erly theory assertedAmendment). But despite those good decisions, see the ominous new student group loses, the gay the school on which by the “equal protection” of the laws but efforts to pass the Equal Rights Amendment Equal Rights to pass the but efforts protection” of the laws the “equal specifi Human The D.C. Art. 46. Declaration of Rights, such an amendment, had since 1972 D.C. college, school or D.C. in any on sex discrimination based Act prohibits Rights Code § 2-1402.41. federal receiving or activities in educational programs sex discrimination based on prescribing equal opportunity § 86.41 (federal regulation for both funds); 45 C.F.R. §§ 2700.3-4. in athletics); 5 DCMR sexes (A)-(C); Montgomery Procedure 10101, § XIV County Administrative Conduct, IV (K). § JFA-RA, Responsibilities, Regulation Schools, Student Rights and Public Maryland or intimidation of gay districts are required to track harassment school an annual report until 2009 and make students, among others, to the state of inci- an unusual 7-424. For did about them. Md. Code, Education, § they dents and what with a complicated history harassment it not that makes case about student anti-gay 2006), 1166 (9th Cir. Dist., 445 F.3d ed Sch. Unifi Poway a precedent, see Harper v. and remanded with instructions127 S. Ct. 1484 to dismiss appeal as moot, vacated Appearance). under Dress Codes, Uniforms and Personal (2007) (discussed below a stu- opinion) had upheld a school that ordered Appeals (in the vacated The Court of with messages of religious condemnation of homosexuality, T-shirt a dent not to wear fi 22 its sup- intended by Act was Access called the Equal in 1984, a federal law Passed 19 § 1681 (prohibiting 20 U.S.C. Amendments of 1972, IX of the Education Title 20 the sources cited in note 19, above. See 21 Schools Code of Student County Public George’s 5 DCMR § 2401.9; Prince D.C.: 47 ENDNOTES state to establish a “thorough and effi system of schools. cient” and effi a “thorough state to establish 5 DCMR § 2414.4; Maryland: § COMAR D.C.: Infectious diseases: DCMR § 2500. D.C. Maryland:10.06.01.06. Immunization: § 7-403(a); D.C.: Md. Code, Education Code § 38-502. others); COMAR education as provided right to the same free public less children’s 5 DCMR § 3002(e). §§ 13A.05.09.01-13A.05.09.03; 1983). App. A.2d 833 (Md. Ct. Spec. County Bd. of Education, 470 Howard Elprin v. are found in Md. Code, Education § 7-301(e); D.C. Code § 38-203 (d)-(e). Code Education § 7-301(e); D.C. are found in Md. Code, be 18). 563, 566 (1974). , 414 U.S. Nichols Lau v. schools must take “appropriate action to overcome language barriers that impede “appropriate action to overcome schools must take its students in its instructionalequal participation programs”). by § 1400 et seq. Maryland: Md. Code, Education Act, 20 U.S.C. Disabilities Education 30, §§ 5 DCMR Chapter D.C.: § 8-404 and COMAR §§ 13A.05.02.01-13A.05.02.14; 3000-3033. of Education, 347 U.S. Board v. in the famous Supreme Court decision, Brown in- 294 (1955), on grounds that separate education was 483 (1954) and 349 U.S. Amendment in the unequal and violated the guarantee in the Fourteenth herently persons of “equal protection of the laws.” any deprive Constitution that no state may based on race, religion, or national ori- part of government any Discrimination by §2000a; Act of 1964, 42 U.S.C. Rights VI of the Civil Title by outlawed gin was of of students regardless Maryland: (requiring involvement COMAR § 13A.08.01.16 (prohibiting in schools or national origin); DC: 5 DCMR § 2401.9 race, creed, sex, Act). Human Rights all the types of discrimination included in the D.C. 202 (1982). Doe, 457 U.S. v. Plyler discrimination based on sex in educational programs or activities receiving federal federal receiving or activities in educational programs discrimination based on sex Constitution assures each person Amendment to the U.S. The Fourteenth funds). 1 Article requires the 8, The Maryland Constitution, § 7-101. Md. Code, Education 2 5 DCMR § 300.1. 3 5 Maryland: and expulsions: Suspensions D.C.: § 7-305 (d)(1); Md. Code, Education 4 home- § 11431 (establishing Act, 42 U.S.C. Assistance Homeless McKinney-Vento 5 § 13A.05.09.04; 5 DCMR § 2010. COMAR 6 9 Art. in Maryland 1, § 24 (declaring age of majority to 5 DCMR 2101.3(i); Md. Code, 10 7 Code § 38-202; COMAR § 13A.08.01.01. D.C. 8 children of school age go to school make don’t penalties for parents who Criminal 12 5 DCMR § 3100; COMAR § 13A.05.07.03. 13 with setting requirements for all school systems is the Individuals The federal law 14 Md. Code, Education § 8-403. 15 5 DCMR § 3002.1(a). 16 a half-century ago outlawed schools was separation of races in segregated Legal 17 11 § 1703(f) (requiring that Act of 1974, 20 U.S.C. Equal Educational Opportunity 18 § 1681 (prohibiting of 1972, 20 U.S.C. Amendments IX of the Education Title ENDNOTES 7 Title VI oftheCivil Rights Act of1964,42U.S.C. §2000d;Davidsonv. Santa 27 26 29 Students with the HIV virus areprotectedagainstdiscriminationby StudentswiththeHIVvirus laws concern- 29 Title IX of theEducation Amendments of1972,20U.S.C. §1681;34C.F.R. § 28 Failure ofdiscriminationprohibitedby ofharassmentisaform toactonreports 25 24 D.C.: Md.Code,Education§7-424;PrinceGeorge’s 5DCMR§2401.9;Maryland: 23 school officials tookreasonable measurestorespondeachactionofharassment). (district was notliable forrepeatedharassmentofgay studentby classmatesbecause should take, see Doev. Bellefonte Area Sch. Dist.,106Fed. Appx. 798(3rdCir. 2004) taken ifafemale studentwere similarly victimized).For thekindsofactionsaschool of horrifi thus 14th Amendment constitutionalviolationby schoolofficials who ignoredyears Nabozny v. Podlesky, 92F.3d 446(7thCir. 1996)(finding genderdiscriminationand substantially limitsthemajorlifeactivity ofreproduction). For early casesrequiring HIV infectionqualifies asadisability underthe Americans withDisabilities Act asit ing thosewithadisability. Bragdon v. Abbott , 524U.S. 624(1998)(holding that responsibilities), 5DCMR§2000.7(nolimitationonpregnant students’ enrollment). status,orfamilyDCMR §2401.9(nodiscriminationbasedonmaritalstatus,familial not beinvoluntarily excluded fromany oftheregular schoolprogram); part D.C.: 5 nant studentsmay voluntarily enrollinaspecializededucational program, butmay (7th Cir. COMAR§13A.08.01.06(preg- 1985).Stateregulations includeMaryland: opinionlaterinthecase,Wortdiscussed inanattorney-fee v. Vierling, 778F.2d 1233 outside ofwedlock) andasimilarcasewon decisionbut attrialwithoutareported national honorsocietyorganization afterbecomingpregnant andhaving children (school officials violated Title IXinexcluding femalehighschoolstudentsfrom students areChipmanv. Grant CountySch. Dist.,30F. Supp. 2d975(E.D. Ky. 1998) 106.40. Two casesrebukingschooloffi racial harassment). Barbara HighSch. Dist.,48F. Supp.2d1225(C.D. Cal.1998) (student-on-student a student,schoolofficials hadtoknow oftheproblem anddonothingaboutit). (for parentstosueaschooldistrictunder Title IXforateacher’s sexual harassmentof over aperiodofmonths);Gebserv. Lago Vista Indep.Sch. Dist.,524U.S. 274(1998) ofsexual advancesment intheform by by anotherstudentreported several parents board where itwas deliberately indifferent toactonsevere andfailed sexual harass- County Bd.ofEduc,526U.S. 629(1999)(astudentandparentsmay suetheschool Title IXoftheEducation Amendments of1972,20U.S.C. §1681;Davisv. Monroe disruptive). for thepromwas improperly deniedasitwas aprotectedpoliticalstatementandnot Fricke v. Lynch, 491F. Supp.381(D.R.I. 1980)(male student’s choiceofmaleescort Responsibilities, Regulation JFA-RA §IV(K). CountyPublic10101, §XIV(A)-(C);Montgomery Schools,StudentRightsand County Public SchoolsCodeof StudentConduct, Administrative Procedure studentgroups). all“non-curriculum-related” theschoolboardbarred student group, tion oftheEqual Access Act, when,ofagay inresponsetotheformation highschool of SaltLakeCitySch. Dist.,81F. Supp.2d1166(D. Utah1999)(finding noviola- And schoolscanjustcancelallclubs.EastHighGay/Straight Alliance v. Bd.ofEduc. authority tomaintaindisciplineandprotectthewell-being ofstudentsandfaculty). under two subsectionsoftheEqual Access theschool district’sAct statutepreserving c violentattacksongay malestudent,reasoningthatactionwould have been cials forsecond-class treatmentofpregnant 48 32 Md.Code,Education§7-403(b). 31 Md.Code,Education§7-403(a);D.C.: Maryland: D.C. Code§38-502. 30 7 Thelandmarkstudentspeechcase,Tinker v. DesMoinesIndep.CommunitySch. 37 5DCMR§2401.17(studentrightsoffreespeech,assembly andexpression); 5 36 Md.Constitution,DeclarationofRights, 40(“everyArt. citizenoftheStateoughtto 35 D.C. Code§38-506. 34 33 200 (3rdCir scope ofthestandardisjustunclear. Saxev. StateCollege Area Sch. Dist. (10th Cir. 2000)(banningConfederateflag display). saidtheprecise And onecourt impinge onothers’ rights.Onewas West v. DerbyUnifi edSch. Dist.,206F.3d 1358 Few casesshow upholdingalimitonspeechthefi courts rst ground, thatit would andunpleasantness thatalwaysthe discomfort accompany anunpopularviewpoint.” speech. Instead, thedangerhad tobe“somethingmorethanameredesireavoid ated fearorapprehensionofdisturbanceisnotenough”toprove aneedtolimit standard. considered thesecondordisruption The Tinker said“undifferenti- Court interference withschoolactivities.” Many casesaboutstudentspeechhave court prohibit studentspeechthatwould oformaterial resultina“substantialdisruption students tobesecureandletalone.” 393U.S. at508.Second, theschoolmay upontherightsofotherstudents”or“colli[des]with that “intrudes undertworights couldbecurtailed circumstances.First, theschoolcanlimitspeech standard. disruption declaredthatastudent’sof theimportant The Court speech expression hasbeennarrowed asaprecedent,itremainsgoodlaw andisthesource protest thewar in Vietnam. While thesympatheticview towards oftheCourt student Dist., 393U.S. 503(1969),upheldtherightofstudentstowear blackto armbands Davis v. State,451 A.2d 107(Md.1982). such childrenviolatesthelaw). isnotthesameasa“communicablevirus disease”andautomatically excluding all Bd. v. Bd.ofEduc.New York, 502N.Y.S. 2d325(Sup.Ct.1986)(same;having the Fla. 1987)(same,requiringadmissionofthreechildren);Dist.27CommunitySch. taminated blood); Rayv. School Dist.ofDeSotoCounty,666F. Supp.1524(M.D. requiring admissiontoregular ofchildinfectedwith kindergarten AIDS fromcon- Atascadero Unifi edSch. Dist.,662F. Supp.376(C.D. injunction Cal.1987)(granting allow classrooms aslongthereisnohealthrisk,seeThomasv. themintonormal schools toadmitstudents(who contracted HIVfromcontaminatedtransfusions)and instructions todismissappealasmoot,127S.Ct.1484(2007).(See discussionin instructions Poway Unifi ed Sch. Dist.,445F.3d 1166(9thCir. 2006),vacated andremandedwith highschoolstudentwhoa California wore ananti-gay T-shirt. The caseis usedthefi Court, (I). CountyPublic2 (a)-(f);Montgomery Schools,Regulation JFA-RA §§IV(F)through Student Responsibilities,RightsandInvolvement, Administrative Procedure5150§§ DCMR §2401.18(a)-(f)(detaileddefinition oftheserights);PrinceGeorge’s County, be allowed tospeak,writeandpublish hissentimentsonallsubjects”). from public healthstatuterequiringvaccination). over(disagreement theriskandbenefits ofvaccination isnotabasisforexemption Syska v. Montgomery CountyBd.ofEd.,415 A.2d 301(Md.Ct.Spec. App. 1980) . 2001). The Ninth Circuit,inanopinionlatervacated by theSupreme rst ground of rst ground Tinker asthebasisforupholding schoolactionagainst , 240F.3d Harper v. ENDNOTES c ed cials may may cials Eisner v. Stamford Stamford Eisner v. tions in Montgomery County and Prince George’s County are in note 45 above. County are in note 45 tions in Montgomery Prince George’s County and Schools Code of Student County Public Internet George’s or computer use); Prince under Procedure 10101 § XI(A) (“all use of technology Administrative Conduct, educational purposesthese guidelines is to be for legitimate under the guidance or direction of school system staff Procedure 0700, Information Administrative ”) and V(R) (requiring students to use Use Guidelines § Acceptable Services Technology [to] access information are authorized to use, and need they school computers “only Responsibilities § IV(F)(3)(b). The rule allows distribution without prior approval but prior approval without distribution The rule allows § IV(F)(3)(b). Responsibilities student action that threatens if material encourages halt distribution may the principal be expected reasonably or causes (or may is obscene or libelous, safety or health, disruption.to cause) substantial or she must give halts distribution, he If a principal a right and explain days within two of the action a written explanation the student Procedure 5150, Administrative Schools, Public County George’s of appeal. Prince “School offi V(D)(1). § and Involvement Rights Student Responsibilities, not ban the distribution on school grounds of non-sponsored publications. Students on school groundsnot ban the distribution publications. of non-sponsored for non-sponsored publications submit a requirement that they shall not be subject to distribution or withhold such publications school administrators prior to by review halts A principal who school administrators.” by approval from distribution pending and an appeal process is provided. in writing within one day distribution must explain justify any cial must a school offi for how in the policy A detailed guide is included fear” is that “undifferentiated Tinker quoting is disruptive, claim that a publication not enough. school grounds at rea- right to distribute material on or off a 2401.18(e) (providing classroom activities). interfere with times that won’t sonable requir- school policy 1988) (striking down 1149 (9th Cir. , 861 F.2d Barker v. Burch review); to be submitted for advance ing all student writing distributed at school 1973), an older case from 1345 (4th Cir. , 478 F.2d Freienmuth Baughman v. school board rule allowing striking down Montgomery effect, County to the same criteria materials according to vague principal censorship of non-school-sponsored think letting students write The court said “we and without requiring prompt action. See also Fujishima v. rst and be judged later is far less inhibiting than vice versa.” fi 1972) (striking Chicago rule to be that materials 1355 (7th Cir. Bd. of Educ., 460 F.2d superintendent). But see by distributed in school must be approved review 1971) (upholding requirement of advance 803 (2d Cir. Bd. of Educ., 440 F.3d student newspaper). before on-campus distribution of non-school-sponsored specifi 1973) (rule must have 1345 (4th Cir. , 478 F.2d Freienmuth Baughman v. , 651 F. Supp. 1149 , 651 F. Barker v. short period for principal to act); Burch and reasonably specifi for not having awed on other grounds) fl (policy 1987) (rev’d Wash. (W.D. Eisner v. of censorship decision; quoting Eisner v. appeal deadline for response to students’ 1971) (upholding requirement 803, 810-11 (2d Cir. Bd. of Educ., 440 F.3d Stamford to avoid be submitted for prior review that non-school-sponsored student newspaper clear procedures and to provide be revised disorder but also requiring that the policy nite brief period” of review)). a “defi 49 publica- References and discussion of the detailed policies on non-school-sponsored 50 to 5 DCMR § 2401.18 (describing student free speech rights without reference 45 and Rights Student JFA-RA, Regulation Schools, Montgomery Public County 46 § shall be free of prior restraint) and § 2401.17 (right of expression 5 DCMR 47 48 49 the cials in this case did not violate the section below, note 91 and related text, on Dress Codes, Uniforms and Personal Uniforms Codes, on Dress related text, note 91 and and Personal below, the section of psychological to be free a right have students The court gay had said Appearance.) books. is no longer on the – but that opinion attacks in school v. Brandenburg not protected); 705 (1969) (threats United States, 394 U.S. v. Watts court not protected). One 444 (1969) (incitement upheld school has Ohio, 395 U.S. student was Arkansas An outside of school. a threat a student wrote discipline for by a letter inspired summer vacation, at home and during for writing, expelled molest, rape and murder to he wanted describing how Kid Rock lyrics Eminem and mailed or sent. never though the letter was for dumping him, even his ex-girlfriend it to the or permission, and showed without his knowledge A friend took the letter, ex- cials who into the hands of the school offi and later it found its way ex-girlfriend a trueThe court that had been threat letter was concluded that the pelled the writer. Dist., 303 Special Sch. Pulaski County to the friend). Doe v. communicated (at least 2002). 616 (8th Cir. F.3d nomination speech a sexually-suggestive gave a student who high school to punish argu- any of 600 students, without to an assembly for a student council candidate 675 (1986) , 478 U.S. Fraser 403 v. Dist. No. Bethel Sch. disruptive. ment that it was determine(“The schools, as instruments that the essential lessons of the state, may indecent, tolerates lewd, in a school that conduct cannot be conveyed mature of civil, The this confused boy. speech and conduct such as that indulged in by or offensive to both teach- offensive plainly speech was innuendo in Fraser’s sexual pervasive v. “Bong Hits” case is Morse The mature person.”) ers and students – indeed to any those steps to safeguard take k, 127 S. Ct. 2618, 2622 (2007) (“schools may Frederic as encouraging be regarded entrusted that can reasonably to their care from speech offi conclude that the school We drugillegal use. scating the pro-drug banner and suspending the student confi Amendment by First for it.”). responsible programs student planned disapprove § IV (B) (principal may JFA-RA, Regulation poses policy; or school district the content violates the law where only and speakers basic mission with the school’s a threat to health or safety of students; is inconsistent maturity). age and or inappropriate for the students’ to schedule outside right Procedure 5150, § 2(a) (“The students’ Administrative unpopular opinions or causes shall not be abridged. Such espouse who speakers audience of a student body, because of the captive with outside speakers, programs scheduled school day.”) should not be held during the regularly 260 (1988) (upholding principal’s , 484 U.S. Kuhlmeier Dist. v. School Hazelwood written for school news- and divorce decision to censor student stories on pregnancy paper produced in journalism class). 1993) 1295 (7th Cir. 118, 9 F.3d Dist. No. Community Unit Sch. Wauconda v. Hedges distribution of religious ban on junior high school students’ blanket (striking down magazine but upholding requirements that materials distributed in quantity be stu- school rules on time and place of distribution). dent-written and that students follow 38 39 a climate had changed and the Court the allowed Tinker after years twenty Almost 40 Montgomery Schools, Student Rights and Responsibilities, County Public 41 Student Responsibilities, Rights and Involvement, County, Prince George’s 42 § 1-1106.51. Code D.C. 43 44 ENDNOTES 8 For acloseanalysis ofintent,seeacaseLouisianastudentwhose drawing of 58 57 56 Filtering software often“overblocks,” orcutsoff accesstoinnocentmaterial.For 55 Afederallaw called theChildren’s Protection Internet fi Act makes Internet 54 Thecaseallowing schoolcontrolofthecontentsasponsoredpaperis 53 52 Onpunishmentsforcomputermisuse,seePrinceGeorge’s CountyPublic Schools 51 carry itout,justintent tothreaten). carry communicated tothetarget orsomeoneelse;noneedtoprove intentorcapabilityto Cir. 2004)(holdingthattobepunishable, athreatmustbeintentionally orknowingly school expression isunclear. Porter v. Ascension Parish Sch., 393F.3d Bd. 608(5th administration’s discipline decisionwasn’t unreasonable sincethelaw aboutout-of- saidthe threat.Butthecourt communicatedtrue at thecampusnorapurposefully result initsappearanceatthehighschool,soitwas protectedspeech,neitherdirected takenand notpurposefully tohisown highschoolorpublicized inaway thatwould composed off-campus, displayed only tomembersofhisfamily, storedoff-campus, his brotherfounditaccidentally andtook ittohismiddleschool. The drawing was a violentattackonhishighschoolstayed inhisclosetathomefortwo years until Tinker, 393U.S. at513. Emmett v. Kent Sch. Dist.,92F. Supp. 2d1088(W.D. Wash. 2000). the filter may offorsuchreasons.20U.S.C. beturned §6777(c). The law makingfilters onschoolcomputersaconditionforfederalfundsalsosays butthecasedidn’tcess toinformation dealwith youth rightsinlibrariesorschools. in AmericanLibrary Association, 593U.S. adults’ at209,citedthisaspreserving ac- filters when anadultasksfor“bonafi de researchorotherlawful purpose.” The court adults inpublic librariesthelaw, 47U.S.C. §254(h)(6)(D),says librariesmay off turn 539 U.S. 194(2003). users.UnitedStatesv.constitutional rightsofadultlibrary American Library Ass’n, counted accessrates). has held theconditiondoesn’tThe SupremeCourt infringeany munications rates.20U.S.C. §6777(federalfunds)and47U.S.C. §254(h)(5)(dis- condition forlibrariesandschoolstoreceive federalfundsanddiscountedtelecom- class). paper producedinjournalism decision tocensorstudentstoriesonpregnancy anddivorce writtenforschoolnews- Hazelwood School Dist.v. Kuhlmeier, 484U.S. 260(1988)(upholdingprincipal’s discussed above innote37. Tinker v. DesMoinesIndep.Comm.Sch. Dist.,393U.S. 503,506(1969). The caseis nal prosecution). guardians, lossofprivileges, restitution,suspension,and/orexpulsion, and/orcrimi- Computer SystemsandNetwork Security, §IV(F)(atelephonecalltoparentsor CountyPublicMontgomery SchoolsPolicy IGT-RA, UserResponsibilitiesfor commensurate withthelevel ofmisconduct,and/orlegal actionasappropriate); of equipmentaccess,confiscation ofthetechnological device, action disciplinary Code ofStudentConduct, Administrative Procedure10101§XI(A)(suspension and chatrooms;prohibitingsharingfiles ofcopyrighted material). prohibitingaccesstounauthorizedemail,instantmessaging and amongotherrules, Security, §IV(E)(limitingstudentuseofschoolcomputerstoauthorizedpurposes; Schools Policy IGT-RA, UserResponsibilitiesforComputerSystemsandNetwork for assignmentsand/orotherschoolrelatedactivities”); County Public Montgomery lters a 50 0 PrinceGeorge’s CountyPublic Schools, Administrative Procedure5150,Student 70 CountyPublic Montgomery Schools,Regulation JFA-RA, StudentRightsand 69 68 67 66 Md.Code, CriminalLaw §3-803(establishing thecrimeofharassment);47U.S.C. § 65 “Schoolsuspends20over MySpaceposting.” Associated Pressstory, March3,2006. 64 63 60 59 62 This is of course the standard set forth inTinker Thisisofcoursethestandardsetforth , 393U.S. at513. The SupremeCourt 62 61 Responsibilities, RightsandInvolvement §IV(2)(a).Demonstrationactivity may Responsibilities §IV(G). sion forhundredsofhighschoolstudentswho walked outandrefusedtoreturn). Dunn v. Tyler Indep.Sch. Dist.,460F.2d 137(5thCir. 1972) (upholdingbriefsuspen- demonstrations insidecollege buildings). Sword v. Fox, 446F.2d 1091(4thCir. 1971) (upholdingasreasonableagainst a rule state housegrounds). “breach ofthepeace”offense tocriminalize peacefulcivil rightsdemonstrationon Edwards v. SouthCarolina, 372U.S. 229(1963)(unconstitutionaltousevague of interstatecomputerstalking). or acrossstatelines);seealso18U.S.C. §2261A(2)(establishing thefederalcrime 223 (providing criminalpenaltiesforobsceneorharassingcommunications inD.C. Available at:http://www.msnbc.msn.com/id/11649424/ (visited8/14/07). toschooloperations). tial disruption instances where theexpression caused, orthereexists arealisticthreatof,substan- tolimitaschooloffifailed cial’s authoritytodisciplineastudent’s expression tothose ofastudenthandbookunconstitutionallyportions overbroad andvague where they Flaherty v. Keystone OaksSch. Dist.,247F. Supp.2d698(W.D. Pa. 2003)(fi cussed inthetext. has notsaidthatitappliestooff-campus speechbutsomelower have, courts asdis- but false MySpaceprofi but false school studentwho createdandpostedfromhomeanonthreatening,non-obscene two-week suspensionandplacementinaremedialprogram aspunishmentforahigh Layshock v. Hermitage Sch. Dist.,412F. Supp.2d502(W.D. Pa. 2006)(upholdinga evidence ofdisruption). school athleticdirectortofriendsathomewho tookittoschool,asschoolcitedno 2d 446(W.D. Pa. 2001)(overturning suspensionforstudentwho emailedsatireabout showing ofany seealsoKillionv. disruption); Franklin Reg. Sch. Dist. , 136F. Supp. showed ittotheschool’s computerscienceteacherandprincipal,sincetherewas no tained vulgarcriticismofschooloffi suspensionofhighschoolstudentfora turning Web sitecreatedathomethatcon- Beussink v. Woodland R-IVSch. Dist.,30F. Supp.2d1175(E.D. Mo.1998)(over- leave fortherestofschoolyear forhealthreasonsandretirefromteaching). and mocked ateacher andsoliciteddonationstohirea“hitman,” causinghertotake Web siteheaccessedatschool andtoldothersabout;thesiteinsultedprincipal pel middleschoolstudentfora Web sitecreatedoutofschoolandpostedtopersonal J.S. v. Bethlehem Area Sch. Dist.,807 A.2d 847(Pa. 2002)(upholdingdecisiontoex- caused classcancellations). MySpace fromschoolthatthedistrictcomputersystemcrashedforaweek and heldthespeechwasprincipal; thecourt disruptive sincesomany studentsaccessed le withaphotoandunfl attering words abouthishighschool cials, accessedby anotherstudentatschoolwho nding ENDNOTES ag burning as a form of , see note 39 above. to convey by dress but only a “generalized and vague desire to express her middle- to express desire vague and a “generalized only dress but by to convey at- and vague protect such does not Amendment First and “the individuality” school and all clothing through any self-expression – namely, of expression tenuated notions ). day.” on a given wish to wear old may that a 12-year § IV(L). Responsibilities Administrative (no disruption); § IV(1)(g) Rights and Involvement Responsibilities, § III. Dress Code Procedure 5152, System-Wide school is required based on personal appearance. Each D.C. education against anyone parents. 5 DCMR § code in consultation with students and dress its own to develop 2408. fl (1989) (established 397, 404 , 491 U.S. Johnson v. Texas expression protected by the First Amendment; conduct is expression where the court where Amendment; conduct is expression the First protected by expression a great likeli- was to communicate a message and there nds “the conduct intend[ed] fi viewers”). be understood by hood the message would student 1992) (overturning 524 (9th Cir. Dist. 978 F.2d Sch. McMinnville Chandler v. language in support of a teachers’ buttons with inoffensive suspensions for wearing forecast of substantial disruption no reasonable of school since school showed strike activities). and re- 2006), vacated 1166 (9th Cir. Dist., 445 F.3d ed Sch. Unifi Poway Harper v. manded with instructions appeal as moot, 127 S. Ct. 1484 (2007). to dismiss v. 2003); Sypniewski 249 (4th Cir. , 354 F.3d Bd. County Sch. Albemarle v. Newsom 2002) (school board had 243 (3d Cir. Bd. of Educ., 307 F.3d Hills Regional Warren fear of the term with “redneck” posed a well-founded T-shirts that evidence weak genuine disruption). Mass. 1994) ( “The First Supp. 157 (D. Committee, 861 F. Sch. South Hadley Pyle v. of ideas, even cial repression or homogenization Amendment does not permit offi result in hurt feelings of these ideas may the expression when odious ideas, and even not ban speech other than that may A school committee or a sense of being harassed. [of the provision The ‘harassment’ ecting the dominant or most comforting ethos. refl school person- goals, gives has laudable it obviously dress code] at issue here, while authority.”). that excessive nel precisely 1995) (rejecting argu- Supp. 556 (D.N.M. , 899 F. Sch. Public Albuquerque Bivens v. since c message, protected speech with a specifi ment that sagging pants style was a better- possible so it’s The student had no attorney, student presented no evidence). succeeded. case might have argued ban 2000) (upholding 465 (6th Cir. City Bd. of Educ., 220 F.3d Wert Van v. Boroff Dist. v. decision in Bethel Sch. following and offensive, as lewd T-shirts on Manson ). On Fraser Fraser a school can censor student expression – a likelihood of disruption – a likelihood and the other a school can censor student expression further of discussion courts. For used by standard mentioned here that has been rarely , see note 37 and related text. Tinker 85 Student Rights and JFA-RA, Regulation Schools, Montgomery County Public 86 Student Procedure 5150, Administrative Schools, County Public Prince George’s 87 discrimination in Act also prohibits Human Rights D.C. The § 2401.18(d). 5 DCMR 88 89 90 circumstances or situations when decision describes two The Supreme Court Tinker 91 92 93 94 95 51 wasn’t about dress codes: “[t]he problem posed by the present case does not relate posed by about dress codes: “[t]he problem wasn’t of the length of skirtsto regulation or the type of clothing, to hair style, or deport- , 401 Dist. Sch. Public Thomas Fort at 507-508. See also Blau v. 393 U.S. ment.” a general middle school dress code against a 2005) (upholding 381 (6th Cir. F.3d challenge since the student had no particularAmendment message she wanted First , 496 U.S. 226 (1990) (requiring high school to allow (requiring high school to allow 226 (1990) , 496 U.S. Mergens v. Community Sch. A numerous other noncurricular clubs). since it had allowed student Christian Club, relates to the school to the Supreme Court, according club is curricular, if it directly curriculumthe curriculum relates to and a club directly matter of the if the subject course; if the offered taught or will soon be taught in a regularly group is actually subject matter of the group if participation concerns the body of courses as a whole; in the group is required for a particular course; or if participation in the group results at 239-240 (1990). , 496 U.S. in academic credit. Mergens Responsibilities, Rights and Involvement § IV(3). Responsibilities, Rights and Involvement Responsibilities § IV(J). and cases cited there. above student on grounds of race, shall not be denied to any ship in a club or organization Schools, County Public Prince George’s or national origin.” sex religion, creed, § and Involvement Procedure 5150, Student Responsibilities, Rights Administrative IV(3)(m). 1996) (requiring school to 839 (2d Cir. 3, 85 F.3d Dist. No. Sch. Free Roslyn Hsu v. it limited Act where Access under the Equal student Christian club to organize allow leadership positions to Christians). never be scheduled on a day when school-wide activity (such as testing) is already is already as testing) (such activity school-wide when on a day be scheduled never scheduled. Cir. 975 (8th F.2d Dist., 453 Sch. Special Ark., of Educ. of the Jonesboro, Bd. v. Tate violating a rule 29 Black students for punishment of 1972 ) (upholding against “cre- to protest out of a pep rally walked after they assembly” in any ating a disturbance “Dixie”). band playing the school at note 39 and related above 2618 (2007), discussed , 127 S. Ct. Frederick v. Morse text. is discussed in notes 47 and 48. generally of publications prior restraint and review Responsibilities § IV(F)(3)(b). V(D). § and Involvement Responsibilities, Rights 79 Rights and Student JFA-RA, Montgomery Schools, Regulation County Public 80 5 DCMR § 2401.18(b). 81 student clubs, see note 22 alliances or other gay On the right to form gay-straight 82 County also requires that “member- COMAR § 13A.08.01.09(B). Prince George’s 83 84 it words in so many court did say The Tinker case. on the Tinker See note 37 above 77 COMAR § 13A.08.01.09(A). 78 Procedure 5150, Student Administrative Schools, Public County Prince George’s 71 72 73 on Case law and related text. 46 above, sources and discussion in notes 45 and See 74 Student Rights and JFA-RA, Schools, Regulation Montgomery County Public 75 Procedure 5150, Student Administrative Schools, County Public George’s Prince 76 Westside §§ 4071-4074. Bd. of Educ. of Act is 20 U.S.C. Access Equal The ENDNOTES 1 6 The latestinalonglineofcasesaboutteachingbiology isKitzmillerv. Dover Area 106 105 104 PrinceGeorge’s CountyPublic Schools, Administrative Procedure0600,School 103 PrinceGeorge’s CountyPublic Schools, Administrative Procedure0600,School 102 PrinceGeorge’s CountyPublic Schools, Administrative Procedure0600,School 101 Md.Code,Education§3-1007. 100 5DCMR§2408.4. 99 98 97 96 Boy. Vonnegut’s novel, SlaughterhouseFive, andRichard Wright’s autobiography, Black anti-Christian, anti-Sem[i]tic,andjustplainfilthy.” The ninebooksincludedKurt them andalsototake themoff shelves becausethey thelibrary were “anti-American, conservative meetingandasked theboardtobothprohibitany assignmenttoread at 915. The case involved ninebooksremoved afterparentsheardaboutthemata lic libraries…schoollibrariesarenotdesignedforfreewheeling inquiry.” 457U.S. the late William Rehnquist,even wroteinhisdissentthat“unlike university orpub- means thelegal principle tobederived fromthecaseisuncertain. The ChiefJustice, split5–4andtherewas on. The Court noopinionthatamajoritycouldagree That Bd. ofEduc.,Island Trees UnionFree Sch. Dist.No. 26v. Pico,457U.S. 853(1982). Constitution). Notethesearecasesfrom30ormoreyears ago. any ofpersonalfreedomprotectedby desiredmannerisaningredient theU.S. v. Woods, 500F.2d 49(7thCir. 1974)(righttowear one’s hairatany lengthorin finding rightprotectedinprivacy segment of Alaska stateconstitution);Holsapple at school–reviewing casesfromallfederalcircuitsandfi 159 (Alaska1972)(finding law unclearonstudents’ righttofreechoiceofhairstyle Carolinahighschoolashavingin North nobasis);alsoBreese v. Smith,501P.2d Massie v. Henry,455F.2d 779(4thCir. 1972)(strikingdown hairlengthguidelines thanlimitsonanygious clothingandaccessoriesgreater otherkindofclothing. discrimination ineducationbasedonreligion,which couldincludeany limitsonreli- 5 DCMR§2408.2(c)(4). andD.C.And Maryland nondiscriminationlaws prohibit school’s dresscodemustbedeveloped toinclude“respectfortherightsofothers.” to thestudent’s moral,religious,orpoliticalbeliefs.” 5DCMR§ 2401.11. Also, each inschoolactivitiesstudent hastherighttorefuseparticipate which arecontrary clothing oraccessories,buttheStudentBillofRightsgenerally provides that“a specifi §IV(B)(6);DistrictofColumbia:norule Uniforms cally addressesreligious §IV(C). Uniforms donations. require assistanceinobtainingauniform.” That couldbefinancial helporclothing committeethat“willestablish whoform mechanismstoaccommodatefamilies may §IV(B). Uniforms isvagueThe rule aboutthehelp.Itsays aschoolmusthave auni- 1987). Gano v. Sch. Dist.No. 411of Twin Falls County, Idaho,674F. Supp.796(D. Idaho key” trial (dramatizedintheplay andmovie “Inheritthe Wind”) thatpittedClarence Sch. Dist.,400F. Supp.2d707(M.D. Pa. 2005). isthe1925“mon- The mostfamous Olesen v. Bd.ofEd.Sch. Dist.No. 228,676F. Supp.820(N.D. Ill.1987). (Confederate fl (Confederate fl Phillips v. Anderson CountySch. Dist.Five, 987F. Supp.488(D.S.C. 1997) ag patch). ag jacket); Melton v. Young, 465F.2d 1332(6thCir. 1972) nding courts divided;nding courts but 52 1 5 COMAR§13A.04.04.01 (requiringthatpublicbeseculareduca- schoolinstruction 115 casessincesituationslike thisdon’t fromcourt Therearenotclear rules oftengetto 114 toldNew Afederalcourt Jersey thatastatelaw requiringthosenotsaying thePledge 109 108 TheChildren’s Protection Internet Act isat47U.S.C. §254(h)(5).Itwas upheldin 107 13 See 113 112 111 110 Scopes v. State,289S.W. 363(Tenn. 1927). thatthe$100finical ground ne exceeded thepower sittingwithoutajury. ofthecourt sawCourt noFirst Amendment problem, butstillsetasidetheconviction onthetech- ney Darrow was defensecounsel.Scopeswas convicted andthe Tennessee Supreme teacher John T. Scopesforthe Tennessee crimeofteachingevolution; ACLU attor- Darrow against William prosecuted FieryChristianoratorBryan JenningsBryan. Rights andResponsibilities§IV(I)(2) provides that“aspectsofreligionmay bedis- CountyPublicligious agencies).Montgomery Schools,Regulation JFA-RA, Student tion, while was tothehomeandvarious freedomofreligiousinstruction granted re- Public Schools,Regulation JFA-RA, StudentRightsandResponsibilities§IV(I). County District ofColumbiaStudentBillRights,5DCMR§2401;Montgomery Constitution,Declaration ofRights, the Maryland 36,FreedomArt, ofReligion;the court. The applicable principlesareintheFirst Amendment ofthe U.S. Constitution; 1995/religion.html (visited8/14/07). ofEducationRichardRiley.Secretary Available at:http://www.ed.gov/Speeches/08- to remainstandingwas unconstitutional.Lippv. Morris,579F.2d 834(3dCir. 1978). Responsibilities §IV(H)(2),butisnotincludedinPrinceGeorge’s Countypolicies. CountyPublicis inMontgomery Schools,Regulation JFA-RA, StudentRightsand tional andastudentneednotgive any reasonfornottakingpart. The righttorefuse 2401.11, butthisisnotsuffi which tothestudent’s arecontrary moral,religious,orpoliticalbeliefs,” 5DCMR§ Bill ofRights,studentshave inschoolactivities the“righttorefuseparticipate from therequirement.” Md.Code,Education§7-105(d).UndertheD.C. Student the fl lawin”). Maryland requiresevery boardofeducationtorequirestudentssalute other mattersofopinionorforcecitizenstoconfessby word there- oracttheirfaith or petty, canprescribewhat shallbeorthodoxinpolitics,nationalism,religion,or West Virginia State Bd.ofEduc.v. Barnette,319U.S. 624(1943)(“nooffi Amer. Library Ass’n, 593U.S. 194(2003). a caseinvolving public librariesandnotaddressingschoollibraries,UnitedStatesv. allowed student-initiatedvoluntaryprayer atallkindsofschoolevents). 704 A.2d 1199(D.C. 1997)(holdingballotproposal unconstitutionalthatwould have that requiredBible readingeachday); Committeefor Voluntary Prayer v. Wimberly , Sch. Dist.of Abingdon Twp. v. Schempp, 374U.S. 203(1963)(strikingdown statelaw where middleschoolinvited rabbitogive nonsectarianprayer atgraduation). Lee v. Weisman, 505U.S. 577,592(1992)(finding Establishment Clauseviolation dents intoconforming). applies only views tothosewithcertain andis probably designedtoscarethosestu- to notifyparentswhen studentsoptoutofthepledgeisunconstitutionalbecauseit Circle Schools v. Pappert, 381F.3d 172(3dCir. 2004)(holdingthatrequiringschools Religious Expression inPublic Schools, guidelinesissuedin August 1995by then ag andsay thePledgeof Allegiance, butalsoallows any studentto“beexcused cient becauseaPledgerequirementisitselfunconstitu- cial, high ENDNOTES ce is at 1100 17th St., N.W., Suite 330, Washington, DC 20036. Tel: Tel: DC 20036. Washington, Suite 330, ce is at 1100 17th St., N.W., parent objected to on religious grounds but allowed student to read an alternate to read student book grounds on religious objected to parent but allowed book). of the objectionable discussion during the room to leave and also instead 1987) (refusing to (6th Cir. 1058 of Educ., 827 F.2d Hawkins County Bd. Mozert v. district). the school series chosen by out of the entire reading to opt a family allow religious addresses cally Uniforms no ruleDistrict of Columbia: § IV(B)(6); specifi that “a provides generally Bill of Rights accessories, but the Student clothing or are contrary which to refuse to participatestudent has the right to in school activities 5 DCMR § 2401.11. Each school’s moral, religious, or political beliefs.” the student’s § 5 DCMR for the rights of others.” to include “respect dress code must be developed discrimination prohibit laws nondiscrimination And Maryland and D.C. 2408.2(c)(4). could include prohibiting limits on religious religion, which in education based on other kind of clothing. that are greaterclothing and accessories any than limits on nding an unconstitutional (fi Ill. 1979) Supp. 270 (C.D. , 484 F. Cronin Moody v. state required students to attend co-ed of religion where burden on free exercise since gym class their religion as immodest, by clothing viewed gym class in skimpy of school rules in our area c provisions No specifi other ways). could be conducted in right “to the student the gives 5 DCMR § 2401.11 in D.C., address the subject, but moral, are contrary which to the student’s refuse to participate in school activities religious, or political beliefs.” 97 (1968). , 393 U.S. Arkansas v. Epperson state statute that prohibited 578 (1987) (striking down , 482 U.S. Gillard v. Edwards also taught); schools unless “creation science” was in public teaching of evolution 2005) (holding Pa. Supp. 2d 707 (M.D. Dist., 400 F. Sch. Area Dover Kitzmiller v. of origins of life). “intelligent design” to be a religious explanation 1999) (invalidating 337 (5th Cir. of Educ., 185 F.3d Bd. Parish Tangipahoa v. Freiler because the to teaching of evolution disclaimer required to be read to students prior but of endorsing not of promoting critical thinking disclaimer had the primary effect a particular religious viewpoint). release time for 306 (1952) (upholding statute allowing Clauson, 343 U.S. v. Zorach religious instruction). 8/14/07). The offi 202-222-0535. pro- 639 (2002) (holding that Ohio voucher Simmons-Harris, 536 U.S. Zelman v. assistance to poor educational secular purposegram, enacted for valid of providing did not violate Establishment school system, failing public children in demonstrably though majority of participating had enrolled in religiously students Clause, even direc- and any religion, neutral in all respects toward was liated schools; program affi inde- recipients’ result of individual aid to religious schools was tion of government choices). pendent private 5 DCMR 5 DCMR § 2600.1 (right of access generally), § 1232g; D.C.: 20 U.S.C. the right); Maryland: COMAR § 13A.08.02.04(C) exercise may § 2601.2 (who 131 132 5 DCMR § 2401.11. 133 0600, School Procedure Administrative Schools, County Public Prince George’s 134 135 136 137 138 5 DCMR § 2101.3(f). Maryland: COMAR § 13A.08.01.03(F); D.C.: 139 140 (visited at: http://www.dcscholarship.org are available Details of the program 141 142 Amendment) Act (also called the Buckley Educational Rights and Privacy Family 53 cussed when appropriate in courses such as history courses such in appropriate are if presentations and literature when cussed particular viewpoints.” religious do not advocate and objective factually of interest “fundamental (discussing 232 (1972) 205, , 406 U.S. Yoder v. Wisconsin educa- religious future and the State, to guide the contrasted with that of parents, as than quit school earlier Amish children may that children” and holding tion of their “very them in school posed un- real threat of for others since keeping required law today”). exist as they and religious practice Amish community dermining the at nonsectarian prayer to rabbi to deliver school by unconstitutional an invitation graduation). Bd. of Educ., Reg’l Pike Blackhorse v. Jersey Union of New American Civil Liberties on senior class to vote allowing policy 1996) (striking down 1471 (3rd Cir. 84 F.3d Doe, 530 Dist. v. Independent Sch. at graduation); Santa Fe prayer to have whether at student-led prayer unconstitutional student-initiated and 290 (2000) (holding U.S. school football games). a daily mandating law Alabama (invalidating 38 (1985) , 472 U.S. Jaffree v. Wallace no nonre- because there was or voluntary prayer minute of silence for meditation in order to restore voluntary said it was legislature the ligious purpose and even the court silence when thought upheld, was law But a similar Massachusetts prayer). Massachusetts the purpose.could be good for people and found no religious (Maybe Alabama lawmakers The it debated their law. just more careful when was legislature , Anderson Gaines v. intended for prayer.) boasted the moment of silence was actually Mass. 1976). Supp. 337 (D. 421 F. court. 573 (1989) American Civil Liberties Union, 492 U.S. Pittsburgh v. County Allegheny at Christmas on courthouse steps). display a Christian Nativity (striking down statute requiring post- Kentucky 39 (1980) (striking down , 449 U.S. Graham Stone v. donations). private nanced by classroom, fi Commandments in every Ten ing 2006). 1 (2d Cir. , 437 F.3d York City of New v. Skoros 1997). 542 (10th Cir. , 132 F.3d High Sch. West v. Bauchman 226 (1990) (requiring high school to allow , 496 U.S. Mergens v. Community Sch. noncurricular numerous other clubs). student Christian Club, since it had allowed 226 (1990). , 496 U.S. Mergens v. Community Sch. Westside of Educ. of Board § IV(A)(3)(q); Montgomery County Public Responsibilities, Rights and Involvement and Responsibilities § IV(J)(2). Student Rights JFA-RA, Schools, Regulation 1993) 1295 (7th Cir. 118, 9 F.3d Dist. No. Community Unit Sch. Wauconda v. Hedges rule materials at school by that prohibited distribution of religious (striking down junior high students). (holding no 1985) 1528 (9th Cir. 354, 753 F.2d Dist No. Mead Sch. v. Grove school refused to drop an assigned book that Clause violation where Establishment 116 117 577 (1992) (holding , 505 U.S. Weisman is Lee v. case basic graduation The prayer 118 119 120 in been challenged to have appears never This law Md. Code, Education § 7-104. 121 122 123 124 126 127 § 4071 et seq. Act, 20 U.S.C. Access These are requirements in the federal Equal 128 Procedure 5150, Student Administrative Schools, Public County Prince George’s 129 130 125 Westside of Educ. of § 4071 et seq.; Board Act of 1984, 20 U.S.C. Access Equal RIGHTS OF CHARTER SCHOOL STUDENTS 148 Directory information defi information Directory ned, 20U.S.C. §1232g(a)(5)(A);noticeandopt-outre- 148 20U.S.C. §1232g(b)(1);D.C.: COMAR§ 5DCMR§2603;Maryland: 147 COMAR D.C.: in5DCMR§2601.2;Maryland: torule 5DCMR§2603.1,referring 146 20U.S.C. §1232g(a)(2);D.C.: COMAR§ 5DCMR§2602;Maryland: 145 D.C.: COMAR§13A.08.02.10(C). 5DCMR§2600.11;Maryland: 144 D.C.: COMAR§13A.08.02.10. 5DCMR§§2600.9-10;Maryland: 143 1 3 5DCMR§2403. 153 CountyPublic Montgomery Schools,Regulation JFA-RA, StudentRightsand 152 151 10U.S.C. §503(c)(1)(B)(noticemustbegiven toparentsofprocedureforwithhold- 150 10U.S.C. §503(c)(1)(A)(accessrequiredonrequest). 149 13A.08.02.19. § 13A.08.02.18. 13A.08.02.14 etseq. Records. InD.C. policy isin5DCMRChapter26. George’s County Administrative Procedure5125,Individual StudentSchool-Based CountyPublicMontgomery Schools,Regulation JOA-RA StudentRecords;Prince 18-year-olds). systems,studentrecordspolicy generally InthelocalMaryland isin (right ofaccessgenerally), COMAR§13A.08.02.08(A)(accessontheirown by DCMR Chapter25(StudentDiscipline). Procedure 5115,Student Appeals ofLong-Term SuspensionsandExpulsions;5 Administrative Procedure10101, StudentCodeofConduct,and Administrative offenses,(bomb threats,property intoxicants, weapons); PrinceGeorge’s County, individualof anMCPSStudent,andseparateregulations oncertain offenses Responsibilities §IV(O)(Discipline),Regulation JGA-RB, Suspension orExpulsion givethan “atleastaninformal andtake between thestudentanddisciplinarian.” tobeheardmeantnomore could comeinquicksuccessionandthattheopportunity could expel someonein anemergency withoutahearing,thatthenoticeandhearing nized theserequirementscouldimposeabigburdenandreassured schoolsthatthey authorities have topresenthissideofthestory. andanopportunity recog-The Court the charges againsthimand, ifhedeniesthem,anexplanation oftheevidence the of 10days saidthestudentmustbegiven orless,theCourt oralorwrittennoticeof minimum proceduresrequiredby thatClause. What processisdue?For asuspension Clause. That meanstherightcan’t betaken away formisconductwithout atleastthe rightthatisprotectedbyas somethinglike aproperty theConstitution’s DueProcess held ina5–4vote thatthestatemustrecognize astudent’s righttoapublic education Goss v. Lopez,419U.S. case,aclosely 565(1975).Inthisimportant divided Court ing studentnamefromrecruiters). height ofmembersathleticteams,andhonorsorawards received). inoffiit tonameandparticipation cially recognized activities weight andsports, and isdiscussedbriefl information Based Records.Directory y in§IV(C)(10) (limiting County policy isin Administrative Procedure5125,Individual StudentSchool- system limitsdisclosureofhomeaddressandtelephonenumber. PrinceGeorge’s isdefi information Records. Directory ned in§II(F)andpolicy isin§ V(F). The County,set timeforparentalresponse).Montgomery Regulation JOA-RA, Student § 13A.08.02.25(leaving ittoschoolboardsdefine items,give public noticeand quired, 20U.S.C. §1232g(a)(5)(B).D.C.: COMAR 5DCMR§2604;Maryland: 54 185 Montgomery County Public Montgomery Schools,Regulation JGA-RB, SuspensionorExpulsion 185 COMAR§13A.08.01.11(C)(2)(d). 184 COMAR§13A.08.01.11(C)(2)(c). 183 Md.Code,Education §7-305(a),COMAR13A.08.01.11(C)(2)(b). 182 COMAR§13A.08.01.11(A). 181 Md.Code,Education §7-305(d)(3)(establishingtoa themisdemeanorofreturn 180 COMAR§13A.08.01.11(B)(2). 179 COMAR§13A.08.01.11(C)(4). 178 Md.Code,Education§7-306(a);COMAR13A.08.01.11(E). 177 5DCMR§2502.16. 176 5DCMR§2502.15. 175 includeifthestudentiscontributingtoanemergency 5DCMR§2500.8(grounds in 174 5DCMR§2502.10. 173 D.C. Code§2-510(petitionforreview offinal agency actiontobefi led withD.C. 172 5DCMR§2508. 171 5DCMR§2507.3(hearingoffi withinfourdays).cer tasks)and§2507.5(report 170 5DCMR§2505.25. 169 5DCMR§2505.20-2505.21. 168 5DCMR§2505.18. 167 D.C. Public Schoolsmustcomply withtheLanguage Access Act, D.C. Code§2- 166 5DCMR§2505.17. 165 5DCMR§2505.15. 164 5DCMR§2505.11. 163 5DCMR§2505.7. 162 5DCMR§2505.6. 161 5DCMR§2505.4and2505.5. 160 5DCMR§2505.3. 159 5DCMR§2504. 158 5DCMR§2503. 157 5DCMR§2502.7. 156 5DCMR§2599. 155 5DCMR§2500.5. 154 10101, CodeofStudentConduct § VII(E)(2). of anMCPSStudent§IV(B)(1); PrinceGeorge’s County, Administrative Procedure parent). onlyexpelled students;return forscheduledappointmentwhere accompaniedby away inschoolactivities duringschoolhoursandnoparticipation by suspendedor school by suspendedorexpelled student);COMAR§13A.08.01.11(C)(4)(stay the schoolorifindividual studentisdangeroustoothers). of Court Appeals). English speakingperson(parentorstudent)isinvolved inahearing. 1931. The actrequiresagenciestoprovide appropriatehelpwhen alimited-ornon- ENDNOTES nding ned). suspicion); COMAR § groundsve for reasonable ning fi ning Doe v. Little Rock Little Rock Doe v. in note 207 above. suspicion, see references ning reasonable inherent authority in the University of Maryland for miscon- to discipline students in the University inherent authority of the university, to the interests” and that is “detrimental campus off duct that occurs safeguards). subject to constitutional of Code – Jurisdiction. Application of Student Conduct, 2001) (detentions of minor students on school 329 (Cal. , 28 P.3d Randy G. In re: Amendment the 14th Amendment seizures and do not offend grounds not 4th are or for the purposes capricious of harassment). arbitrary, are not so long as they either, didn’t Lopez 2004) (pointing out that Goss v. 318 (4th Cir. Evans, 390 F.3d v. Wofford with discusses offense before the school decision-maker require notice to parents discussion of Goss, see note 151 above. student). For a legiti- (holding that schoolchildren have 325 (1985) , 469 U.S. T.L.O v. Jersey New carry in noncontraband items that they to school and of privacy mate expectation search teacher’s school public standard applies to Amendment reasonableness Fourth of student purse); Maryland: (authorizing searches Md. Code, Education § 7-308 third in the presence of trips, but only of students at school or on school-sponsored requiring 5 DCMR § 2404.1 (same but also person), COMAR § 13A.08.01.14; D.C.: protection). with privacy possible search where Responsibilities § IV(O)(7)(g). And see 74 Md. Op. Atty. Gen. 174 (1989) (fi Gen. 174 (1989) Atty. 74 Md. Op. And see § IV(O)(7)(g). Responsibilities 13A.08.01.14 (reasonable suspicion not defi 13A.08.01.14 (reasonable police such searches by cases questioning considered many although courts have prohibiting such a state provision cers and jail guards. Maryland does not have offi County Public searches, nor is it mentioned in either Montgomery or Prince George’s procedures. Schools administrative 1980) (holding a nude search of a female stu- 91 (7th Cir. , 631 F.2d Renfrow Doe v. the ‘bounds … [and] “exceeded but outrageous” “unlawful not only dent, age 13, was and a half country miles”). two by of reason’ Win Case County School Drug Sweep – Students in Kent Found “Justice Finally at http://www.aclu- Available 6, 2007. Aug. press release, Landmark Settlement,” (visited 8/14/07). md.org/aPress/Press%202007/080607_Bedell.html , 380 F.3d 349 (8th Cir. 2004) (holding mass searches of all students’ be- 2004) (holding mass searches of all students’ 349 (8th Cir. Dist., 380 F.3d Sch. contraband found to po- any suspicion and turning over longings without individual in of privacy diminished student expectation of even invasion unreasonable lice was or drugs); school had no history with weapons where of problems school, especially a strip 1977) (holding unreasonable Supp. 47 (N.D.N.Y. Lund, 438 F. Bellnier v. $3 stolen). search of entire 5th grade one student alleged class where COMAR § 13A.08.01.14(B); notice of that right in advance), school has published App. 1999) (upholding search of all A.2d 523 (Md. Ct. Spec. , 723 Y. Patrick In re 208 regulation, ned in the D.C. The term is not defi “strip search” 5 DCMR § 2404.7. 203 No. 10101, Code Procedure Administrative Schools, County Public George’s Prince 204 205 206 207 5 DCMR § 2404.2 (defi 200 13A.08.03.09. COMAR § § 2510.12; 5 DCMR § 1415(k)(1)(G); 20 U.S.C. 201 § 2500.1. 5 DCMR 202 Student Rights and JFA-RA, Regulation Schools, Montgomery County Public 209 210 of Maryland, ACLU . See County of Educ. of Kent Board Bedell v. The case was 211 Defi 212 providing search lockers Maryland: Code, Education § 7-308(d) (schools may Md. 55 cer. heard fi hearing examiners. by rst heard fi Schools Montgomery County Public way. their own ne those in defi Districts may hearings must be conducted. detailed description about how a also does not provide Procedure 5115, Student Administrative Schools Public County Prince George’s hearing examin- for Suspensions and Expulsions, provides Appeals of Long-Term for student rights to fair in appeal procedures and provides ers in all such appeals and to present evidence to counsel or other representative, hearings including right as time deadlines a transcript, as well of a copy witnesses, to receive cross-examine the hearing offi of and for the work for bringing the appeal allows Md. Code, Education § 6-203(e)(2), However, nal.” fi of the county board is provides Board of Education. COMAR § 13A.01.05.05(G) for appeal to the State discipline decision the merits of a county board’s that the State Board will not review error legal but will hear appeals that the decision had a that the county board vio- – the student didn’t and policies, or that lated the Constitution or state and local laws requires. get due process as the law in COMAR § 13A.01.05.11. Education is provided propertydent poses “continuing danger to persons or or an ongoing threat of disrupt- ing the academic process”). Procedure Administrative County, of an MCPS Student § IV(B)(1); Prince George’s VII(E)(2). 10101, Code of Student Conduct § Education Marylandstudent records found in the State Board of Student Records at the state each year The manual should be available System Manual, § E, p. E1. Department of Education site: http://marylandpublicschools.org/msde. § 1415(k). Act, 20 U.S.C. with Disabilities Education abilities in the Individuals for discipline of a student with a dis- and Maryland the special provisions In D.C. § 7-305(f)(1) and COMAR § ability are in 5 DCMR § 2510, Md. Code, Education 13A.08.03 Chapter 03. Montgomery County policies are in Montgomery County Suspension or Expulsion of an MCPS Student § JGA-RB, Schools, Regulation Public Schools, County Public County policies are in Prince George’s VIII. Prince George’s Disabilities With Procedure 5164, Procedural Guidelines for Students Administrative Act of 1973 § XI. Under Section 504 of Rehabilitation 189 §7-305(c)(6). Md. Code, Education 190 §7-305(c)(5)(iii). Md. Code, Education 191 out in Maryland are not spelled of hearing procedures These requirements law. 194 in the Maryland Circuit Courts of decisions of the Maryland Review State Board of 195 stu- where only COMAR § 13A.08.01.11(C)(2)(d) (authorizing immediate removal 196 Suspension or Expulsion JGA-RB, Montgomery Schools, Regulation County Public 197 state rules on COMAR § 13A.08.02.09 directs county boards of education to follow 198 School procedures must conform for students with dis- to guidelines for discipline 199 § 1415(k)(1)(B); 5 DCMR § 2510.1; COMAR § 13A.08.03.03(A)(1). 20 U.S.C. 186 COMAR 13A.08.01.11(C)(3)(a)-(c). 187 § 7-305(c)(5)(i). Education Md. Code, 13A.08.01.11(C)(3)(d), COMAR 188 discipline appeals to have a board of education § 6-203 allows Md. Code, Education 192 Code, Education § 6-203(c) through (e)(1). Md. 193 in discipline matters “the decision that Code, Education § 7-305(c)(8), provides Md. ENDNOTES 2 0 Butseeacasefrom25years agofi nding noconstitutionalviolationinsurveillance 220 219 218 217 5DCMR§2404.9. 216 For examples ofcaseswhereupheldrequiringstudentstogothroughmetal- courts 215 D.C. topoliceforany Code§38-232(expulsion studentbringing andreferral 214 PrinceGeorge’s CountyPublic Schools Administrative ProcedureNo.5150,Student 213 testing ofstudentsinvolved activities). innon-athleticextracurricular of Pottawatomie County v. Earls, 536U.S. 822(2002)(upholdingsuspicionlessdrug Bd.ofEduc.Indep.Sch. Dist.No.culture thatreachedepidemicproportions); 92 ing ofstudentathletes,where schoolargued athleteswere leadersofaggressive drug Vernonia Sch. Dist.47Jv. Acton, 515U.S. test- 646(1995)(upholdingrandomdrug Amendment). (holding thatdog sniffs ofschoolchildrenarenotsearchessubjecttotheFourth expecting tokeep private”); butsee invaded thestudents’ anddetectedthepresence ofitemsthey were outergarments each studentheldunconstitutional;thedog has“superhumansenseofsmell[that] Jones v. LatexoIndep.Sch. Dist.,499F. Supp. 223(E.D. Texas 1980) (dog sniff of Horton v. GooseCreek Indep.Sch. Dist.,690F.2d 470,477etseq.(5thCir. 1982); Sch., 529F. Supp.31(E.D. Mich.1981). of studentsviatwo-way inaboys’ mirror bathroom.Sternv. New HavenCommunity (upholding dog sniff thatledtofi in locker). nding drugs purposes); Fourth Amendment of highschoolstudents’ lockers andcarsinschoolparkinglotwas notasearchfor Horton v. GooseCreek Indep.Sch. Dist.,690F.2d 470(5thCir. 1982)(dog sniff (visited8/14/07). izing_the_classroom_report.pdf. Policing ofNew York CitySchools. Available athttp://www.nyclu.org/pdfs/criminal- by theNew York Civil Union,CriminalizingtheClassroom: Liberties The Over- tion ofheavy useofpoliceandmetaldetectorsinschools,seetheMarch2007report view, emphasizingthebadeffects ofmakingschoolsfeellike jails,basedonevalua- student screeningby metaldetectoratChicagohighschoolentrance).For acontrary violence); People v. Pruitt,662N.E.2d 540(Ill. App. Ct.1996)(upholdinguniversal tector searchofallstudentsinPhiladelphiahighschoolwhere therewas highrateof proceduresareadequatesafeguards againstabuse ofdiscretioninmetalde- uniform A.2d 1378(Pa. Super. Ct.1995)(advance warning ofpossibilitysearchanduse checkpoint atNew York Cityhighschoolheldreasonable); IntheInterest ofF.B., 658 580 N.Y.S.2d 850(N.Y. Crim.Ct.1992)(wanding allstudentsatmetaldetector suggestingsomeonebroughtweapons Peopleports toschoolthatmorning); v., Dukes time metaldetectorsearchofallstudentswas justified when principalhadtwo re- detectors, see,Thompsonv. Carthage Sch. Dist.,87F.3d 979(8thCir. 1996)(one- enforcement whether committedatschooloraway). weapon tolaw toschool);COMAR§13A.08.01.15(delinquentactsbereported Responsibilities, RightsandInvolvement §IV(A)2)(b). present). thorizing searchoflockers, desksandcontentsatany timewithorwithoutstudent county policy calledforindividualized suspicion);D.C.: 5DCMR§2404.10(au- based onatipaboutoneormoreweapons even broughtinthatmorning, though Countymiddleschoolwithoutindividualizedlockers inMontgomery suspicion Zamora v. Pomeroy, 639F.2d 662(10thCir. 1981) Doe v. Renfrow, 631F.2d 91(7thCir. 1980) 56 224 COMAR§13A.08.01.13. There isnoequivalent D.C. governing rule policeinvesti- 223 D.C.: D.C. Code§§5-132.01-5-132.06(providing forresponsibilityschoolse- 222 CountyPublic Montgomery Schools,Regulation JFA-RA, StudentRightsand 221 2 8 Md.Code,Family Law ofabuseorneglect ofany §5-704(mandatedreporting per- 238 Md.Code,Health –General§20-102(f)(doctormay, butneednot,give minor’s 237 Md.Code,Health –General§20-102(providing forminors’ capacitytoconsent 236 5DCMR§2305.5. 235 5DCMR§2305.1. 234 COMAR§13A.04.18.03(B)(3). 233 COMAR§13A.04.18.03(B)(2)(c),13A.04.18.04(A)(4).For par- 232 Physiological changeseducation:COMAR§13A.04.18.03(B)(2);HIV/AIDSeduca- 231 D.C. Code§16-2333(b)(10). 230 Md.Code,Education§7-303;COMAR13A.08.01.17. 229 Thefundamentalrequirementofreasonable suspicionasthebasisforbriefinvestiga- 228 atschool). onpolicemakingarrest COMAR§13A.08.01.12(detailedrule 227 policequestioningstudentsat concerning COMAR§13A.08.01.13(detailedrule 226 225 Waters v. UnitedStates gations atschools. withtheD.C.Agreement Public Schools). curity tobewithintheMetropolitanPolice underaMemorandumof Department Responsibilities §IV(C)(5). under age18). son underage18);D.C. Code§4-1321.02(samerequirement, alsocovering allthose abortion). abouttreatment neededorprovidedparents information toaminor, except aboutan transmitted disease). andalcoholabuse; andamentaloremotionalconditionsexuallyincluding drug relatedtopregnancyto healthservices oritslawful substanceabuse, termination; marital statusorconsentofpatient’s parents);22DCMR§600.7(minormay consent provided by operated by facilities theDistrictofColumbiawithoutregard toage, anddevices controlservices to be treatments);22DCMR § 603(birth to certain Responsibilities §IV(C)(4). CountyPublicsee Montgomery SchoolsRegulation JFA-RA, StudentRightsand ents’ righttohave thatwould studentexcused frominstruction invade privacy, tion: COMAR§13A.04.18.04. in thatbriefstop. Many latercaseshave defined what thatmeans,andthelimitsofwhat policecando tive caseofTerry detentionisfoundintheSupremeCourt v. Ohio,393U.S. 1(1968). school). achieve orderintheschools”). thelegitimate endofpreserving ensure thattheinterestsofstudentswillbeinvaded to nomorethanisnecessary New Jersey v. T.L.O., 469U.S. 325,343(1985)(reasonableness standard“should same seizureby aschoolstaff personwould probably have beenlawful). at CoolidgeHighSchoolinD.C. forlackofprobable causeandacknowledging the , 311 A.2d 835(D.C. by policeoffi 1973)(dismissingarrest cer ENDNOTES Child Left Behind Act, 20 U.S.C. § 7908(a)(3) (secondary schools must provide mili- (secondary § 7908(a)(3) must provide schools 20 U.S.C. Act, Left Behind Child employers, and to colleges generally” tary recruiters as is provided “same access the (same). § 503(c)(1)(A)(i) funding); also 10 U.S.C. of federal education as condition an op- 1989) (peace group must have (11th Cir. 1314 Harris, 888 F.2d v. Searcey the military to recruiters afforded equal to that portunity participate to substantially and place information guidance counselors’ bulletin boards and in on in Career Days positive be speakers Days requirement that Career striking school board ces; also offi rule choices, since that career designed to squelch seemed others’ and not criticize against military). and expression viewpoint peace groups’ opening to some). forum by created limited public in D.C., changing educational governance Council legislation The D.C. procedures). the act was This section of VI, Education Ombudsman. Title L17-009, included Law upon the congressional enactment of charter changes requested to become effective and re- ce receive offi this new that VI, § 604(a)(5), provides Title in the same law. spond to concerns of citizens including students. Procedure 5150, Administrative also to Inquiries and Complaints from the Public; Appeal and Student Responsibilities, Rights and Participation § IX “Student reaching the superin- this procedure only, under for grievances (providing Grievance” tendent, and without deadlines for action). Responsibilities § IV(P). § IV(A) and (B). and Complaints from the Public 8345, No. County Board of Education Policy time limit); Maryland: Prince George’s Participation of Education Member Participation and Board at Board of Public com- of a public Schools policy Education Meetings; Montgomery County Public page but Web the Board of Education ment period at each meeting is announced on See http://www.mcps.k12.md.us/boe/community/ policy. not found in published participation.shtm (visited 8/14/07). Number of No. 9110, Organization: County Board of Education Bylaw George’s ce; Montgomery of Education Policy County Board of Offi Terms Members and Member Election. Student Board BCB, board will no the in 2007–2008, however, in fact). Beginning had two in recent years the schools, so the student seat is less im- longer hire the superintendent and oversee reports a Chancellor who to the Mayor. be run schools will public by portant. D.C. special education. 253 254 it has to all users where Act opening school Access § 4071 et seq. (Equal U.S.C. 20 255 § 503(c)(1)(A)(i). also 10 U.S.C. § 7908(a)(1); Act, 20 U.S.C. Child Left Behind No 256 § 503(c)(1)(B). U.S.C. 10 257 5 DCMR § 2405 (student grievance § 2401.15 (assuring right to petition); 5 DCMR 258 Procedure 4171, Responding Administrative Schools Public County Prince George’s 259 Rights and Student JFA-RA, Montgomery Schools Regulation County Public 260 Responding to Inquiries KLA-RA, Montgomery Schools Regulation County Public 261 president to set comment with board for public § 108.4 (providing 5 DCMR D.C.: 262 Prince Md. Code, Education §§ 3-901 (Montgomery) (Prince George’s); and 3-1002 263 Board of Education for one student member but the D.C. 5 DCMR § 117 (provides 264 schools for 5 DCMR § 3803 discusses placement of secondary students in private 57 Chalk v. Chalk v. ts). 22 DCMR § 600.4. 22 DCMR protects the privacy that the Constitution 113 (1973) (holding , 410 U.S. Wade Roe v. carrying decisions about may to make right of a mother fetus and government the later stages of pregnancy). the decision in to regulate intrude that privacy on only court to order 1972) (refusing to allow App. A.2d 238 (Md. Ct. Spec. Smith, 295 In re her to mother wanted though her an abortion even that she declined minor to have the abortion). have § Law barrierof natural parent is no Md. Code, Family to consent to adoption); at least one natural parent needed). 5-338(a)(1) (consent of for minor parent for appointment of counsel (providing parent) and § 5-307(a)(1)(ii) in adoption). 1998) Ky. Supp. 2d 975 (E.D. Dist. 30 F. County Sch. Grant 106.40; Chipman v. seniors to National (granting preliminary requiring admission of two injunction and gave pregnant became because they solely had been excluded Honor Society who 1985) (same – order- 1233 (7th Cir. , 778 F.2d Vierling v. Wort birth out of wedlock); of because of senior dismissed solely ing reinstatement to National Honor Society Maryland: may students COMAR § 13A.08.01.06 (pregnant premarital pregnancy); not be involuntarily but may enroll in a specialized educational programs, voluntarily 5 DCMR § 2401.9 (no part D.C.: program); school of the regular from any excluded 5 responsibilities), discrimination based on marital status, familial status, or family enrollment). students’ DCMR § 2000.7 (no limitation on pregnant Cal. 1987) (ordering Supp. 376 (C.D. Dist., 662 F. ed Sch. Unifi Atascadero Thomas v. Supp. 1524 Soto County Dist. of De, 666 F. School admission to kindergarten); Ray v. children at school); of three HIV-positive segregation Fla. 1987) (overturning (M.D. 325 (Sup. Ct. 1986) Bd. of Educ., 502 N.Y.S.2d v. Bd. District 27 Community Sch. of stu- exclusion disease, automatic AIDS is not a communicable (holding that since discrimination against those with disability); unlawful AIDS was dents with access); No options are allowed persons discussing postgraduate school and work , 840 F.2d 701 (9th Cir. 1988) (reinstating teacher 701 (9th Cir. Cent. Dist. of Cal., 840 F.2d Dist. Court U.S. no risk of disease or contagion). AIDS to classroom duty since the person posed with (visited site at http://www.centeronconscience.org Web 20009, tel: 202-483-2220. Sandy Spring, Road, Meeting, 17715 Meetinghouse 8/14/07). Sandy Spring Friends N.W., Ave., Meeting, 2111 Florida Friends And D.C. MD 20860, tel: 301-774-9792. DC 20008, tel: 202-483-3310. Washington, 240 cited at note 236 above. See sources 241 242 600.7(a). 22 DCMR § 243 Code, Health – General § 20-103. Md. 244 245 (minority age consent needed) and § 16-304(c) Code § 16-304(b) (both parents’ D.C. 246 minor counsel required from by davit § 5-339(a)(3)(vi) (affi Law Code, Family Md. 247 § § 1681; 34 C.F.R. 20 U.S.C. Amendments of 1972, IX of the Education Title 248 239 and § 20-102(b) – General Health at Md. Code, is found exception The emergency 252 access “on the same basis” if other Md. Code, Education § 7-111 (military must have 249 § 453. App. U.S.C. 50 250 DC Washington, N.W., Ave. 1830 Connecticut War, Center on Conscience and 251 ne, imprisonment, loss of benefi § 462 (fi App. U.S.C. 50 ENDNOTES 2 9 D.C. Code§2-1402.41. exception, addedbyThere isanimportant in1990 Congress 269 TheHumanRights Act isD.C. Code§§2-1401.01etseq. The Act covers “educa- 268 5DCMR§2100(requiringprivate schoolstoprovide evidence ofeducational 267 To avoid beingheldtoitswords, aprivate schoolmightincludeinitsstudentmateri- 266 Thestudent,Jeffrey Woodard, charged theJupiterChristianSchoolwithmany legal 265 Act for1990,P.L. 101-168. 1987). The wasAct ofCongress §141(b)oftheDistrictColumbia Appropriations Rights Coal.OfGeorgetown Univ. LawCtr. v. Georgetown Univ., 536 A.2d 1(D.C. ligious schoolstolimitfundsorrecognition togay studentgroups. The casewas result inahigh-profi in theNation’s and CapitalReligiousLiberty Academic Freedom Act, reversing the vocational school.” D.C. Code§1402.02(8). system oruniversity; andabusiness,nursing,professional,secretarial,technical,or school,extension nursery, course,kindergarten, orsecondary lege, elementary school tional institutions”defined broadly toinclude“any public orprivate …academy, col- outside agency onalistofapproved accreditingbodies). acceptableservices totheD.C. BoardofEducationortoshow accreditationby an really domeantofollow thehandbook. for example ifofficials sendamixed message,saying insomeotherway thatthey Union, 816 A.2d 793(D.C. 2003).Itcouldbepossible tochallengesuchdisclaimers, Inst. ofInt’l Educ.,808 A.2d 499(D.C. 2002);Futrell v. Dep’t ofLabor Fed. Credit disclaimers usually defeatany ideathatahandbookisanimpliedcontract.Boultonv. toassurenoworkerto try have canusethemtoargue forrights,andcourts agreed type ofcontract.” Employers usually putsuchweasel words inemployee handbooks andconditionsofanythe schoolhandbookshallbeconsideredascreatingterms als what iscalleda“disclaimer,” forexample words alongtheselines:“nothingin the caseinMay 2006,CaseNo.05-1986,andhasnotdecidedit). publicly asgay which butpassingitfordecisiontotheFloridaSupremeCourt heard 2005) (questioningthestudent’s claimhewas emotionally injuredby beingidentifi books. Woodard v. Jupiter ChristianSch., Inc.,913So.2d1188(Fla.Dist.Ct. App. enoughtoreachthelawwrongs, andonly ofthesuithasgonefar onesmallpart le court caseagainstGeorgetownle court University. The law allows re- Gay ed 58 2 6 TheStudentBillofRightsisat5DCMR§2401. 276 D.C. Code§38-1802.2(11)requiresapetition foranew schooltoshow charter how 275 D.C. Code§38-1802.04(c)(3)(b)exempts schools“fromDistrictofColumbia charter 274 schools“shallcomply Md.Code,Education§9-106(a)requiresthatcharter withthe 273 Inacaseaboutteacher’s constitutionalrightsinaNew York school,the charter 272 Md.Code, 49B,Art. establishesCommissiononHumanRelationsand theMaryland 271 Title StateBoardofEducation 13A,Subtitle9ofCOMARcontainstheMaryland 270 court casehastestedwhatcourt thislanguagemeans. statutes andregulations oftheFederal Government andtheDistrictofColumbia.” No it will“comply withapplicable healthandsafetylaws, andallapplicable civil rights otherwise provided intheschool’s orthissubchapter.” charter andregulations establishedstatutes, policies,rules for…public schools…except as Md. Code,Education§9.106(c). any waiver oflaw orregulation affecting studenthealth,safetyorcivil rightsisin provisions oflaw andregulation governing otherpublic schools.” The prohibitionof lature removed schoolsfromthedefi thecharter nition ofpublic schools.” traditional publiclanguagedoesnotdemonstratethatthelegis- schools,thestatutory islature exemptedburdensassociatedwith regulatory schoolsfromcertain charter 2466868 (W.D.N.Y. August 24,2006). said“Whileitisclearthattheleg- The court Matwijko v. Board of Trustees ofGlobalConceptsCharterSchool , 2006 WL within thepublic schoolsofthestate,andcitedanOhiocasealongsamelines. thatstate’s interpreted court schoollaw charter asclearly schools includingcharter County CodeChapter27establishes itsHumanRelationsCommission. cation butitisnowhere elseintheCodesectiononCommission.Montgomery county HumanRelationsCommission. A definition ofdiscriminationmentionsedu- the areasofitswork. PrinceGeorge’s CountyCode,§2-185etseq.,establishes the private schoolsareatCOMAR§13A.09.09.09. secondary requirements fornonpublic schools generally. For example, requirementsgoverning

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