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
- Mar, 27, 2020: Rhode Island Legal Services & ACLU Appeal Decision Undermining Rights of English Language Learners
- 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
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
Recruitment of Teachers of Color (H 7292) Held for Further Study
- Category: 2020 Students' Rights
Studies have well-documented the connection between having teachers of color in the classroom and high levels of achievement for minority student populations. We supported H 7292, introduced by Representative Karen Alzate, which would instruct the Commissioner of Education to develop strategies with the intent of bolstering the retention and recruitment of minority teachers and administrators in Rhode Island public schools. In our testimony, we specifically urged the consideration of policies which would bar teacher applicants from being disqualified from certification solely based on their performance on a standardized test, due to the noted gaps in passing rates between white test-takers and test-takers of color.
School Computer Privacy (H 7509) Held for Further Study
- Category: 2020 Students' Rights
In recent years, the distribution of computers to students in RI public schools for home use has become extremely commonplace, if not ubiquitous across districts. Unfortunately, as a study we conducted from two years ago showed, students have virtually no privacy protections on these computers, with some policies even allowing remote spying on students. H 7509, introduced by Rep. June Speakman, would implement comprehensive privacy requirements for such computers which would allow school officials to search devices only if they have reasonable suspicion to believe that the student has engaged in misconduct on the computer, and would prohibit remote access except in very limited circumstances. We strongly supported this legislation.
Over-the-Counter Medication in Schools (H 7506, S 2401) Held for Further Study
- Category: 2020 Students' Rights
Introduced by Representative Susan Donovan and Senator Ana Quezada, H 7506 and S 2401, would allow high school students to bring over-the-counter medications for self-administration on school property. Current regulations require school authorization; in supporting the legislation, we argued that students shouldn’t need permission from a school nurse to bring Tums or Midol to school.
School Discipline Reform (H 7439) Held for Further Study
- Category: 2020 Students' Rights
Despite the passage of important legislation in 2016 which was intended to address the overzealous use of out-of-school suspensions in Rhode Island schools, the discipline data for many school districts continues to display alarming disparities for both students of color and students with disabilities, and shocking rates of suspension for the youngest students in grades K-5. In addition, not a single school district has submitted a statutorily required report to the Rhode Island Department of Education addressing their efforts to mitigate such disparities. We supported a critical piece of legislation, H 7439, introduced by Rep. Grace Diaz, which would largely eliminate the ability for a K-5 student to be given an out-of-school suspension and strengthen the current reporting requirements for school districts.
Mental Health Personnel Funding (H 7171, Article 10) Held for Further Study
- Category: 2020 Students' Rights
Article 10 of the proposed FY 2021 budget would extend the current reimbursement funding available for the hiring of school resource officers (SROs) to the hiring of mental health professionals by public schools. We have consistently opposed statutorily created financial incentives for the hiring of SROs over other, more critically needed personnel, and supported this budget Article because it would prioritize behavioral and mental support over more punitive disciplinary punishments.
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.