Student Constitutional Rights

Free Speech A

100

Do First Amendment free speech protections prohibit school districts from imposing restrictions on student speech?

It depends. The First Amendment to the Constitution provides in part that governmental entities may not abridge an individual's freedom of speech. However, according to the US Supreme Court, student free speech rights are not automatically coextensive with the rights of adults in other settings.

200

What forms of student speech might be entitled to constitutional protection?

First Amendment free speech can involve a broad range of issues. For example spoken statements, symbolic acts, distribution of written materials, dress restriction, classwork and the use of computer technology.

300

Are the free speech rights of elementary school students more limited than those of high school students?

Most litigation regarding student free speech rights have centered on children of high school age. However, student age has been a factor in some cases where courts have determined school officials did not violate the rights of younger children. In other cases courts have applied the same standard applicable to older students.

400

May school districts require that students wear a school uniform?

Not generally. The commissioner of education has ruled that under New York law, a school district lacks authority to compel students to wear a uniform or particular kind of clothing or force exclusion from school. However, a federal district court upheld a New York City school district policy mandating that students in Pre-K through Grade 8 wear a uniform, but also allowed parents to secure an exception to that mandate.

500

Can school districts prevent students from expressing their opinions on controversial issues while on school premises?

Not generally. Communication amongst students may not be confined to the expressions of those sentiments that are officially approved.

Free Speech B

100

Can school districts prohibit rude and disparaging speech by students?

There are no New York cases on this issue, however there is an open issue regarding the standard that would be applicable in deciding such a case.

200

What forms of student speech are not entitled to constitutional protection?

The First Amendment does not protect true threats of violence.

300

Do students have a free speech right to advocate for passage of a school district budget or a particular school board candidate on school grounds?

It depends. Schools may allow students to place signs on school corridors relevant to school budget or election provided the distribution is not conducted on behalf of or at the request or the direction of school officials or personnel and district funds are not used to produce or post the literature.

400

What free speech principles apply to student expressions communicated through computer technology?

School authorities have been allowed to regulate and punish student communications through the use of computer technology that have threatened harm or been disruptive to the work of the school and impinge on the rights of other students.

500

Do free speech protections extend to the way students dress while they attend school?

Yes, in some circumstances. The clothing must constitute symbolic speech representing a student's statement of political or religious expression. It also must be neither disruptive of the educational process or in conflict with the rights of others nor lewd, vulgar or offensive.

Search and Seizure A

100

Does the Fourth Amendment impose limitations on the ability of public school officials to search students and their belongings?

Yes, the Fourth Amendment prohibits government officials from conducting unreasonable searches and seizures. The prohibition extends to searches by public school officials including teachers and administrators.

200

What makes valid a search by public school officials of students and their belongings?

In most cases a search by public officials will be valid if it passes two questions, commonly referred to as the reasonable suspicion standard: Was the search justified at its inception? Was the scope of the search, as actually conducted, reasonably related to the circumstances which justified it?

300

Do different rules apply when police are involved in a school search?

There is no clear standard for assessing the validity of searches conducted by school officials in conjunction with or at the request of police authority. Courts throughout the country have reached different conclusions.

400

Must public school officials have individualized suspicion of wrongdoing by a particular student before searching the student's person and/or belongings?

Individualized suspicion is not required, but public school officials cannot conduct random causeless searches.

500

May public school officials search students and/or their belongings based on an informant's tip?

The reasonableness of a school search is based on the informant's tip if the informant's tip is predicated upon the proven reliability of the informant and an unequivocal informant conclusion.

Search and Seizure B

100

Can public school officials "pat down" students and their belongings?

Yes, if the "pat down" is the least intrusive most practical mean of furthering a specific school objective and represents a reasonable balance between student privacy rights and school interests in maintaining order.

200

Is it permissible to require that students submit to mandatory drug testing?

Not in New York state unless the students parent or legal guardian freely consent to such drug testing of his/her child.

300

Can public school officials search student lockers ?

Yes, unless they have relinquished controls over the lockers assigned to students. Otherwise, students have exclusive possession of their own lockers over other students but not against school authorities. School officials have not only a right to inspect student lockers but also a duty to do so upon suspicion that illegal items are stored there.

400

Is the use of metal detectors and scanners to detect the presence of weapons in school permissible?

Yes, if students are given notice that scanning device will be used and procedures are established to control the process.

500

May police enter a school to remove or interrogate a student?

Police officers may enter a school to remove a student only if they have a warrant for the arrest of the student or a court order authorizing the student's removal and if a crime had been committed on school premises.

Other

100

Must public school officials give students Miranda warnings before questioning them?

Generally, public school officials have no obligation Miranda-type warnings prior to questioning them while investigating school-related misconduct or a breech of school security.

200

Are parents entitled to prior notice before school officials question their children on disciplinary matters?

No; neither the Education Law nor the federal constitution requires school officials to contact the parent of a student before questioning that student concerning an alleged infraction of a school rule.

300

Is it unconstitutional for a school district to require that students perform community service as a condition for graduation?

No

400

Is it unconstitutional to preclude students from attending school on the basis of race, creed, color, or national origin?

Yes, in addition, the Educational Law provides that no person may be refused admission to or be excluded from any public school in New York state because of race, creed, color, or national origin.

500

Is de facto segregation a violation of the 13th Amendment?

Although the segregation of students by race is prohibited by the federal constitution, the mere existence of racially segregated schools does not constitute a federal constitutional or statutory violation. That would be so in de facto segregation cases where segregation is inadvertent and without assistance of school authorities and not caused by any state action but rather by social, economic, and other factors.