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home > resources > student rights
This is a work in progress. Last updated: 8/14/09
Students!
Know Your Rights |
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A Guide for Utah Public High School Students
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Important
The material provided here is for basic informational purposes only. It is not meant to be and should not be taken as legal advice, nor should you rely on this information instead of seeking the advice of an attorney. The legal issues surrounding civil rights and civil liberties are among the most complex in the law, and a person’s rights may vary from case to case depending on small and subtle details. Only a lawyer who has taken the time to become fully aware of the facts in a given case can provide you with sound legal advice.
If you feel your rights have been violated, contact an attorney at once. The law imposes time limits on most actions to defend your rights, so it is important to act quickly. If you do not know how to reach an attorney, access the Lawyer Referral Service of the Utah Bar Association. They will be able to direct you to a lawyer experienced in the type of law involved in your case.
If you are under 18, finding a lawyer can be difficult. Many lawyers do not represent minor clients without a parent’s permission. If it is possible, speak to a trusted adult about finding a lawyer. There are also free or low cost legal assistance available in Utah and the location and hours can be access through our website by clicking here.
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This webpage outlines your rights as a public school student.
Over the years, the courts have defined which limits on student rights are constitutional and which are not. Schools must balance the need to provide a safe and orderly environment against a student’s rights to privacy, free speech, and religion. As a result, you have fewer rights in school than you do outside of school. The law constantly changes, and the trend has been towards further limiting student rights, especially in light of growing concerns about violence, gangs, and drugs in schools.
With so many unresolved issues muddying the legal landscape, the ACLU is working vigorously to defend and extend the rights and protections of students.
Here’s what you can do to protect your rights in school:
- Read your school’s policy guide or student handbook. You can get a copy from the Board of Education, the school’s main office, or even online.
- Talk to your parents, teachers or other school officials if you think someone’s rights have been violated.
- Learn more about your rights. Contact a counselor, teacher, attorney, or the ACLU for more information. The ACLU of Utah has numerous publications available in print and online at www.acluutah.org.
- Become a member of the ACLU.
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A public school education is available to all, free of charge, if you are a resident of Utah and your school district, or if you are over 18 and live in the state of Utah and have not completed high school and your class has not yet graduated.1 In fact, public high school in Utah is mandatory until the age of 18 with a number of exceptions outlined in the Utah Code.2
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Students without immigration documentation |
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The Supreme Court has ruled that all children living in the United States have an equal right to a public education through high school. The Court ruled that schools cannot make distinctions based on a student’s nationality or immigration status in the United States. In general, School officials shouldn’t even ask students about their immigration status since it is not relevant to enrolling in school or taking part in academics, athletics or other activities.3
Federal law also requires that all school districts receiving federal funding provide classes for non-English speaking students to learn English.4
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Students with disabilities |
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Students with mental, physical, or learning disabilities, who are between the ages of three and 22, and have not graduated from high school with a regular diploma, are entitled to free and appropriate education. A federal law called the Individuals with Disabilities in Education Act, the IDEA, requires schools to provide special education and related services to students with disabilities so that the students can obtain an education appropriate to their needs and to the extent practicable, participate in mainstream classes alongside their peers without disabilities.5 Schools are required to develop Individualized Education Plans, IEPs, for students with disabilities, tailored to their particular needs.
If you have disabilities, you also have various additional rights relating to school discipline, services and accommodations. If you are receiving special education services, or if you feel that you need them because of a disability, we encourage you to seek out additional information about your rights by contacting the Department of Education at or by contacting ACLU of Utah.
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Students who are pregnant |
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Title IX of the Education Amendments of 1972, keeps the school doors open for pregnant and parenting students.6 According to this federal law, any school that receives federal funding cannot exclude or discriminate against students on the basis of pregnancy or marital status or discriminate against a parenting student on the basis of gender. The law requires that the school provide you with an excused medical leave of absence and reinstate you to your previous student status upon your return to school.
Some school districts may operate separate programs for pregnant and parenting teens, but these programs must be voluntary and offer instruction that is comparable to that provided non-pregnant students. That means that you must have the same quality and selection of classes, qualifications for teachers, same availability and quality of textbooks, same quality of classrooms, and be offered the same number of credits for classes as the standard program.
You have a right to stay in school in your regular class while you are pregnant and after you have your baby. You also have the right to participate in all school and extra curricular activities like sports, honors societies, or a drama club. If you feel that you are being treated differently than your classmates because of your pregnancy there are several resources at your disposal. We recommend that you contact The National Women’s Law Center or our offices at ACLU of Utah.
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