Federal and State Education Laws
Federal and state laws protect students’ rights in public schools across the USA. While they mostly apply to elementary, middle, and high schools, some federal laws also extend to colleges and universities, particularly regarding equal opportunities for students of all genders and students with disabilities.
State laws vary. Each state sets its own rules on what students learn, who can teach, and how schools are funded.
Right to public education
All children have the right to attend free public elementary and secondary schools in the United States, regardless of immigration status.
The right to public education also comes with requirements:
- Parents and guardians are responsible for enrolling their children in public or private schools.
- All children have to attend school for a certain number of years. Most states require children between about 6 and 17 years old to go to school.
- State laws set the requirements for when students can drop out of school. In most cases,students must be at least 16 years old and have permission to stop attending school. Most states require children to attend school until they are 17 or 18 years old, depending on the state.
The right to free public education does not apply the same way to college or university. There is no federal law that prevents undocumented or DACA students from attending college, but admission, tuition, and financial aid rules vary by state and school.
Right to equal opportunity
All state and local schools are required to give students equal access to public education.
- Federal law protects students from discrimination in education based on characteristics such as race, color, national origin, sex, disability, and age. Public schools cannot deny children access to elementary or secondary education because of their immigration status.
- Schools cannot discriminate against students in access to classes, school activities, sports, financial aid, and other school programs.
- Schools must provide support for students with certain language and religious needs. This includes language assistance for English learners and protections for students’ religious practices and expression.
- Students with disabilities have the right to reasonable accommodations, special education, and related services depending on eligibility. This can include physical therapy, speech-language therapy, a sign-language interpreter, a notetaker, readers, special computer equipment, and extra time to take a test.
- Parents can contest the placement of their child in certain programs or levels of learning.
- Public schools cannot deny enrollment because of immigration status or require proof of citizenship. They cannot require a Social Security number to enroll a child.
English language support
Students who do not speak English have the right to free language assistance. Public schools must identify English learners and provide language support so they can participate meaningfully in school. Schools must also communicate important school information to parents with limited English proficiency in a language they can understand. This may include interpreters or translated materials.
Protection from discrimination
Discrimination is the unfair treatment of people based on their actual or perceived characteristics. It can take place in many areas of education, including:
- Admission and enrollment
- Assignments and activities
- Financial aid
- Discipline
Discrimination can take many forms. It can include:
- Name-calling and insults
- Verbal threats or physical harm
- Exclusion from activities
- Unequal treatment of students
Public schools, colleges, and universities cannot discriminate against students, parents and guardians, employees, and applicants based on the following, with some exceptions:
- Race, color, national origin, ethnicity, or ancestry
- Religion
- Sex
- Disability (physical or mental impairment)
- Age (except for K-12 student age limits)
- Pregnancy, marital status, or having children
Additional protections may apply under state law based on:
- د کډوالۍ وضعيت
- Language ability
- د جنسیت پیژندنه او جنسي تمایل
- Housing status
- Economic status
Teachers, administrators, and students cannot target, harass, or profile specific groups of people based on these characteristics.
Public schools must provide access to public education for students who are experiencing homelessness. Students who do not have a permanent home can enroll in school even if they cannot provide the required documents, such as proof of residence.
All public schools are required to investigate reported discrimination and take steps to end it, address its effects, and prevent it from happening again.
ICE at school
Students have specific rights when it comes to immigration officials.
Immigration and Customs Enforcement (ICE) can now conduct enforcement actions at or near schools. This includes preschools, daycare centers, primary schools, secondary schools, colleges and universities, and other institutions of learning.
Immigration officers may enter areas open to the public, such as parking lots or lobbies. They generally need permission from school officials or a valid judicial warrant signed by a judge to enter private areas, such as classrooms, offices, or restrooms.
School staff do not have to enforce immigration laws. Schools should have a plan for immigration enforcement, including a trained person to review warrants, contact parents or guardians, and document what happened.
Schools generally cannot share a student’s education records with immigration officers without consent unless an exception under federal privacy law applies, such as a lawfully issued subpoena or court order. Schools may share some basic directory information, such as a student’s name or contact information, unless opted out.
How to be prepared for ICE:
- Ask your child’s school how it would respond to ICE and how it would notify parents or guardians.
- Make sure your emergency contacts and authorized pickup list are up to date.
- Your child should know the phone number of a parent, guardian, or trusted adult.
- Make a family preparedness plan.
- Ask your school about a FERPA opt-out form if you do not want your child’s directory information shared.
Remember, children still need to attend school. Missing many days of school can cause problems under state attendance laws.
Learn what to do if ICE comes to your home, job, or stops you in public. Understand your rights and how to make a safety plan.
Right to free expression
All students have the right to express themselves at school as long as it does not break school policies or disrupt school activities. This includes speaking, writing, or expressing yourself through symbolic messages.
Students have the right to express and practice their faith at school. Students can observe religious activities such as praying in school in a non-disruptive environment. Students are free to talk about religious topics. Schools must excuse students from school to celebrate religious holidays in many states.
Public school dress codes cannot single out religious clothing for prohibition or regulation. Students have the right to wear religious clothing, including headscarves, turbans, and yarmulkes. Religious clothing and messages must generally be treated the same as comparable nonreligious clothing and messages.
Public schools cannot promote religious beliefs or practices, including prayers in school or at school activities.
Students have the right to remain silent and seated during the Pledge of Allegiance.
Right to privacy
All students have the right to privacy inside and outside of school.
Schools cannot:
- Require proof of citizenship or immigration status for enrollment. They cannot deny enrollment because a child has a foreign birth certificate or does not have a Social Security number.
- Share student education records without consent unless an exception under federal privacy law applies. This can include a lawfully issued subpoena, court order, or certain health and safety emergencies. Schools may share some directory information unless opted out.
- Search a student’s belongings, like a backpack, without a warrant or permission, unless they have a reasonable suspicion a rule was broken.
School police
Students have specific rights when it comes to police.
- School police can stop and question students at school if they suspect they are breaking any laws or school rules. Students have the right to remain silent and should not answer any questions without first talking to a parent, guardian, or lawyer.
- School police cannot use excessive force against students.
- School police can arrest a student if they have evidence they likely committed a crime. If your child is detained or arrested, make sure they know to ask to speak to a lawyer. Do not answer any questions or sign any documents without talking to a lawyer.
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 should not answer any questions without first talking to a parent, guardian, or lawyer.
School police can arrest a student if they have evidence they likely committed a crime. If your child is detained or arrested, make sure they know to ask to speak to a lawyer. Do not answer any questions or sign any documents without talking to a lawyer.
Protection from bullying
Bullying is verbal or physical acts that harass, intimidate, or harm other students. Threats, teasing, intimidation, stalking, physical violence, humiliation, and theft are all forms of bullying. Cyberbullying is bullying that takes place online.
Bullying is not allowed in schools. States have different laws prohibiting bullying in schools and online. Schools are required to have policies on how they will prevent bullying and address acts of bullying, particularly when it involves discrimination.
All school teachers and administrators have to take steps to protect students from bullying and harassment and resolve any incidents, particularly when it involves discrimination. Learn more at www.stopbullying.gov
Speak up for your child and report violations
You have the right to speak up for your child’s needs. If they are having problems at school or with school work, you can speak to their teacher to figure out ways to support your child. If you do not get help, you can speak with a school counselor or administrator such as the principal.
You can request an interpreter if you do not speak English fluently. Some schools have a community or cultural liaison who can advocate for immigrant families.
If you believe your rights or your child’s rights have been violated, you can file a complaint with your school teacher, counselor, principal, and school district superintendent. It is important for authorities to investigate the incident and help you take legal action if needed.
You can also report discrimination to the Department of Education, Office for Civil Rights.
It is illegal for a school to retaliate against you for reporting discrimination or exercising rights protected by federal civil rights laws.
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