Free K-12 Student Rights Help Since 1975
If You Answer "Yes" To Any Of The Following Questions, Your Student Rights Have Been Violated And Our Handbook Could Be Helpful To You.
Have You Or Other Students Ever
1Had A Teacher Embarrass You In Front Of The Class?
2Lost Points, Grades Or Credits When Legally Absent?
3Served Detention During Lunch Or On Saturday?
4Had A Teacher Leave The Classroom For Long Periods Of Time?
5Had Your Grades Discussed Publicly In Class?
6Been Required To Ride The Bus To A Game And Then Forced To Pay For That Ride?
A "Yes" To These Questions Also Means That Your Student Rights Have Been Violated.
Have You Or Other Students Ever
7Been Told That You Could Not Go To The Bathroom?
8Been Denied Entrance To School Bathrooms For Long Periods Of Time?
9Been Locked Out Of Class During Class?
10Been Required To Make Up Tests At Lunch?
11Been Disciplined Or Suspended For Wearing Hats When Outside Of The Classroom?
12Been Required To Pay For Parking Spaces, For Caps And Gowns, For Locks Or Lockers, For A.P. Tests, For P.E. And Team Uniforms, For Class Supplies, For Instruments, For Program Changes Or For Student-Body Cards Before You Could Participate In Extra-Curricular Activities?
More "Yes" Answers Mean More Violations.
Have You Or Other Students Ever
13Been Punished For Expressing Your Opinion In Class?
14Been Told That Your Grades Could Not Be Changed?
15Been Suspended For Tardies Or Cutting?
16Been Hazed At School? (Physically Harmed Or Personally Degraded Which Resulted In Physical Or Mental Harm.)
17Been Sexually Harassed At School?
18Been Harassed For Being Gay, Lesbian Or Transgender?
If Your Answers Continue To Be "Yes," Your Rights Continue To Be Violated.
Have You Or Other Students Ever
19Been Given Laps Or Pushups As Punishment?
20Had Administrators Make Up School Rules Without Asking For Student Opinions?
21Been Stopped From Passing Out Petitions?
22Been Suspended Without First Receiving A Conference To Explain Your Side?
23Been Prohibited From Publishing A Controversial Article, An Alternative Newspaper, An Underground Newspaper Or From Soliciting Money For An Underground Newspaper?
24Been Denied The Right To Have A Cell Phone While At School Or At A School Activity?
Legal Citations For The Questions Asked
See http://leginfo.legislature.ca.gov/ — California Law, Education Code EDC
1P.C. 273a
2E.C. 48205
3C.C.R. Title 5. Sec. 304 & 352
4Castro vs. L.A. Board of Education, 1976
5E.C. 49061–49077; California State Supreme Court, White, 13 Cal. 3d. 1975
6California Department of Education Legal Memo, 1992
7E.C. 49000, 49001; A.B. 1617 1069, 1/87
8E.C. 49000, 49001; Code of CA Reg. Uniform Building Code, Title 24, S. 805; State Dpt. Edu., 916-322-1463
9California Supreme Court: Ward, 1874, Serrano, 1976; U.S. Supreme Court: Brown, 1954, Tinker, 1969, Goss, 1975, Wood, 1975; CA Court: Wysinger; CA State Department Handbook on Student Rights, 1986, pp. 2–3
10C.C.R. Title 5. Sec. 304 & 352
11S.B. 310, 10/01; S.B. 1632, 8/02; E.C. 35183.5
12Ward vs. Flood, CA Supreme Court, 1874; Hartzell vs. Connell, California Supreme Court, 1984; State Constitution, Title 5, Sec. 350
13Castro, 9 Cal. App. 3d, 941, 942
14E.C. 49066
15E.C. 48900 u.
16E.C. 48900 and P.C. 245.6
17Contra Costa Superior Court, 12/13/96; Loomis vs. Visalia, Federal Court, 8/13/03; Flores vs. Morgan Hill, 9th Circuit, 4/03
18Nabozny vs. Podlesny, 7th Circuit, Wisconsin, 1996; Henkle vs. Washoe County, 8/25/02; Loomis vs. Visalia, 8/02; Flores vs. Morgan Hill, 9th Circuit, 4/03
19E.C. 49000 and 49001; Program Advisory CA Department Of Education, CIL: 88/9-5, 12/23/88; Law in the School 6th Edition, 8/00, p. 43
20E.C. 35291.5; State Department of Education Handbook on Student Rights, 1980, p. 14
21Constitutional Right to Assemble and Petition, 1776; Tinker, U.S. Supreme Court, 1969; Hazelwood, U.S. Supreme Court 1/88; E.C. 48907
22Goss vs. Lopez, U.S. Supreme Court; Montoya, 502 F. Supp. 209 CA, 1980; E.C. 48910, E.C. 48911
23Burnside, F. 2d, 1966; Baker, 307 F. Supp, 1969; Tinker, U.S. Supreme Court, 1969; Sullivan, 307 F. Supp., 1969; Scoville, 7th Circuit, 1970; Bright, Cal. 3d, Cal Rptr., 1976; CA State Department of Education Handbook on Student Rights, 1986, pp. 15–16
24S.B. 1253, 8/28/02; E.C. 48901.5
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