There are laws that protect all students' rights in the United States. Learn about the rights of immigrant students, including English language support and freedom of expression. Know how to report bullying and discrimination.
The United States government enacts laws regarding education that all states must follow to protect students' rights. States also have their own laws regarding public and private education.
Right to Public Education
All children have the right to receive free public education leading to a high school diploma in the United States. This includes elementary and secondary education. Everyone has the right to enroll in public schools, regardless of immigration status.
- The right to public education comes with specific requirements: Parents are responsible for enrolling their children in public or private schools.
- All children must attend school for a certain number of years. Most states require children aged between 5 and 16 to attend school.
- State laws determine the specific requirements for the age at which students can leave school. In most cases, students must be at least 16 years old and obtain permission to stop attending school.
Right to Equal Opportunities
Public and local schools are required to provide students with equal opportunities to receive public education.
Federal law requires schools to provide equal opportunities for students to succeed in school, regardless of race, ethnicity, color, national origin, religion, gender, immigration status, or family income. Schools must provide the same opportunities to all students in terms of classes, school activities, sports, financial aid, health benefits, and employment. Schools must make appropriate changes to classes and activities to meet the needs of students with different needs. These include language skills, disabilities, sexual identities, and religions. Students with disabilities have the right to special education and related services. This may include physical therapy, speech and language therapy, sign language interpreters, note-takers, readers, special computers, and extra time for testing. Parents may object to placing their child in specific educational programs or levels. English Language Support
Students who do not speak English have the right to receive free language assistance. Schools must identify students who need language support. English language learners can enroll in English language classes and access bilingual resources. Parents can also request an immediate interpreter or translated materials.
Protection from Discrimination
Discrimination is unfair treatment of people based on their actual or perceived characteristics. This can happen in many areas of education, including:Admission and enrollment
Tasks and activities
Financial aid
Discipline
Discrimination can take many forms. It can include:Insults and abuses
Verbal threats or physical harm
Exclusion from activities
Unequal treatment of students
Schools, colleges, and public universities cannot discriminate against students, parents, guardians, employees, or applicants based on:
- Race, color, national origin, ethnic origin, or lineage
- Language ability
- Gender, sexual orientation, or gender identity
- Disability (physical or mental weakness)
- Pregnancy or social status or childbearing
- Immigration status
- Economic status
- Housing status
- Religion
- Age
Schools cannot deny homeless students access to public education. Students without a permanent home can enroll in school even if they cannot provide required documents, such as proof of residence.
Public schools are required to investigate reported discrimination, take steps to end it, address its effects, and prevent it from happening again.
Right to Freedom of Expression
Students have the right to express themselves in school as long as it does not violate school policies or disrupt school activities. This includes speaking, writing, or expressing themselves through symbolic messages.
Students have the right to express their beliefs and practices in school. Students can follow religious activities such as praying in school in a quiet place. Students have the freedom to talk about religious topics. Schools must exempt students from going to school to celebrate religious holidays.
Public school dress rules cannot prevent students from expressing their beliefs. Students have the right to wear religious clothing, including hijabs, turbans, and yarmulkes. Students can wear clothes that match their gender identity. School dress code policies cannot prohibit wearing specific clothes unless they are considered disturbing or distracting.
Public schools cannot promote religious beliefs or practices, including prayer in school or school activities.
Students have the right to observe silence and remain in their seats during the Pledge of Allegiance.
Right to Privacy
Students have the right to privacy inside and outside of school.Schools cannot:
- Ask about the student's immigration status, including questions about place of birth, birth certificate, or social security number.
- Disclose students' personal information to unauthorized external entities without the student's, parent's, or guardian's permission.
- Disclose students' educational records without the student's parent's or guardian's permission.
- Disclose students' records to ICE officials without obtaining consent or a court order.
School employees and police can search school property, including student lockers and desks, if they have reasonable suspicion that a student has violated a rule. However, school employees and police cannot search students' personal belongings, including backpacks and phones, without the student's permission or a court order.
Police and ICE in Schools
Students have specific rights regarding police and immigration enforcement officials.The presence of Immigration and Customs Enforcement (ICE) in schools considered sensitive locations is prohibited. This includes daycare centers, elementary and secondary schools, colleges, universities, and other educational institutions. Generally, ICE and CBP are not allowed to detain, interview, search, or monitor immigrants in schools or at school bus stops or activities.
School officials cannot assist immigration officials in removing immigrant students, including students without legal documents, from school. Schools must not allow immigration enforcement authorities inside the school unless they have a court order signed by a judge. In cases where immigration authorities detain a student, the school district must immediately notify the student's parents or guardians.
School police can stop, question, and search students at school if they suspect they are breaking any laws or school rules. They have the right to remain silent and must not answer any questions without first speaking to a parent, guardian, or lawyer.
School police cannot use excessive force against students.
School police cannot search students, backpacks, phones, or any other property without permission or a court order. School police can search their lockers if they are considered school property.
School police can arrest a student if there is evidence that they may have committed a crime. If your child is detained or arrested, make sure they know how to request to speak to a lawyer. Do not answer any questions or sign any documents without speaking to a lawyer.
Protection from Bullying
Bullying is verbal or physical actions that annoy, frighten, or hurt other students. Threats, harassment, intimidation, stalking, physical violence, humiliation, and theft are all forms of bullying. Cyberbullying is bullying that occurs online.
Bullying is not allowed in schools. States apply various laws prohibiting bullying in schools and online. Schools are required to establish policies on how to prevent and address bullying incidents.
Teachers and school principals must take steps to protect students from bullying, harassment, and address any incidents, especially those involving discrimination. Learn more at www.stopbullying.gov
Advocate for your child and report violations
You have the right to speak up about your child's needs. If your child faces any problems at school or with school assignments, you can talk to their teacher to find ways to support them. If you do not receive assistance, you can speak with the school counselor or an official like the principal.
You can request an immediate interpreter if you do not speak English fluently. Some schools have a community or cultural liaison who can support immigrant families.
If you believe that your rights or your child's rights have been violated, you can file a complaint with the school teacher, school counselor, principal, or district supervisor. It is important for authorities to investigate the incident and help you take legal action if necessary.
You can also report discrimination to the Civil Rights Office of the Department of Education.
Bullying is not allowed in schools. States apply various laws prohibiting bullying in schools and online. Schools are required to establish policies on how to prevent and address bullying incidents.
Teachers and school principals must take steps to protect students from bullying, harassment, and address any incidents, especially those involving discrimination. Learn more at www.stopbullying.gov
Advocate for your child and report violations
You have the right to speak up about your child's needs. If your child faces any problems at school or with school assignments, you can talk to their teacher to find ways to support them. If you do not receive assistance, you can speak with the school counselor or an official like the principal.
You can request an immediate interpreter if you do not speak English fluently. Some schools have a community or cultural liaison who can support immigrant families.
If you believe that your rights or your child's rights have been violated, you can file a complaint with the school teacher, school counselor, principal, or district supervisor. It is important for authorities to investigate the incident and help you take legal action if necessary.
You can also report discrimination to the Civil Rights Office of the Department of Education.