Students' Rights
Protecting the rights of students is key because most people’s first major encounter with the government is in the school setting. For students to appreciate the importance of civil liberties, it is critical that their rights be protected in school.
Students' Rights in the News
- Jan, 27, 2020: Groups Voice Alarm Over Scheduled State Education Vote on English Language Learners
- Jan, 20, 2020: ACLU Takes Legal Action over Unlawful Arrest of 13-Year-Old Honors Student
- Oct, 31, 2019: Barrington Sues Student for Challenging Unlawful School Suspension; Seeks Award of Fees
Students' Rights Related Court Cases
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2020: Johnson v. Pawtucket
- Category: Active Case Civil Rights Criminal Justice Discrimination Racial/Ethnic Discrimination Police Practices Students' Rights Youth Rights
About this Case:
This is a legal claim for damages sent to the City of Pawtucket over a School Resource Officer’s (SRO) unlawful handcuffing and arrest of a 13-year-old African-American middle school honors student. The damages claim is a required legal prerequisite to the filing of a lawsuit on behalf of the student.Current Status:
Claim filed in January 2020.Cooperating Attorney:
Shannah Kurland-
Supporting Documents
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2019: Barrington School Committee v. Student
- Category: Active Case Due Process Free Speech Right to Petition & Protest Students' Rights Youth Rights
About this Case:
This is a lawsuit brought by the Barrington School Committee against the Rhode Island Department of Education and a middle school student who successfully challenged his three-day out-of-school suspension - twice.Current Status:
Lawsuit dismissed in January 2020.Cooperating Attorney:
Aubrey Lombardo-
Supporting Documents
- The Lawsuit
- RIDE Decision (January 2019)
- ACLU Brief in CESE Appeal (May 2019)
- CESE Decision (August 2019)
- Barrington School Superintendent Response (November 2019)
- Dismissal (January 2020)
Students' Rights Related Legislation
Sunscreen in Schools (H 7123) Held For Further Study
- Category: 2020 Students' Rights
Regulations promulgated by the Departments of Health and Education restrict students from self-administering over-the-counter medication, including important preventative care products such as sunscreen, on school campuses without “parental authorization.” Although we supported this legislation, introduced by Representative David Bennett, we pointed out the absurdity that a student who could bring and administer sunscreen under this bill still wouldn’t be able to utilize an ointment to treat a sunburn without this discretionary permission. We encouraged the committee to enact a more expansive piece of legislation to address this issue, such as H-7506, sponsored by Rep. Susan Donovan, which would allow older students the right to bring OTC medication to school.
Funding for Field Trips (H 7043, H 7069, S 2327) Passed the House, Held for Further Study in Senate
- Category: 2020 Students' Rights
When a decision from the former-Commissioner of Education, supported by the ACLU, came out last April and affirmed guidelines for equity in the administration of public school field trips, it provoked considerable and extensive confusion and public attention. Even before this year’s legislative session began, it seemed inevitable that legislation to address this topic would swiftly move through the General Assembly.
As predicted, two pieces of legislation quickly introduced in the House of Representatives attempted to address the former-Commissioner’s decision by statutorily allowing for parental contributions towards the funding of school field trips. However, what the former Commissioner’s decision appropriately noted is that in order to ensure accessibility and equity for all students regarding these formative educational experiences, no student or parent can be required to provide payment for these trips or be forced into the stigmatizing position of asking for a fee waiver for financial reasons. We offered several amendments to these two pieces of legislation, H 7043 and H 7069, to ensure the essence of the Commissioner’s ruling remains intact. The House amended their legislation to reflect our concerns, and we supported the amended version which passed on the House floor.
The Senate additionally introduced legislation concerning field trips which we supported; we did, however, urge amendments to clarify the strictly voluntary nature of any requested donations.