Teens' Rights in School
One of the most frustrating aspects of the teen years is feeling like you have no rights or freedoms. Sometimes it helps to know exactly what rights you have, and exactly what rights you don't have. Although there are dozens of school-related issues facing teens, this article will address a few of the more common ones.
Truancy
According to U.S. law, every young person has a right to a free public education, along with a corresponding obligation to attend school. Minors in most states must attend school between the ages of 7 and 16, and in some they are required to attend longer. As an incentive, some states make attendance at school a condition of obtaining a driver's license.
Students who habitually skip school can end up being treated as a delinquent by juvenile court and sent to a juvenile placement facility. Once under court supervision, the teen's attendance can be monitored by a probation officer. Although teens generally can't be arrested or placed in juvenile detention for truancy, parents can be criminally prosecuted for failing to keep a child in school. Some states also involve the child welfare department to have children taken away from parents, or impose fines on parents who do not ensure their children are in school.
Obviously, for parents of older teens, this can become a burdensome task if the teen is out of control and impossible to manage. Parents are still responsible for their teen's actions until he is 18 years old. If a teen is no longer living at home, many parents end up reporting their child as a runaway to avoid problems in truancy court. Runaways are managed by the juvenile justice system, where they can end up on probation or in placement outside the home or in a state juvenile correction facility.
Dropping Out
Approximately 3,300 young people drop out of school every day in the U.S. In the book, What Are My Rights? 95 Questions and Answers About Teens and the Law, Thomas A. Jacobs, J.D., lists the most common reasons for dropping out: not liking school, failing grades, conflicts with teachers, suspension or expulsion, needing a job, and family-related reasons such as pregnancy.
If a teen wants to drop out of school, the law may not allow it. A student can only quit school if the applicable state law no longer requires attendance. In many states, a student must prove he is studying for a Graduate Equivalency Degree (GED) or has a full-time job to support himself before dropping out. Moreover, staying in school may be a requirement for obtaining a marriage license or a driver's license in some states. Even teens in juvenile detention facilities have to attend classes, and many judges have required that teens complete their GED as a condition of probation.
Searches in Schools
The Fourth Amendment of the U.S. Constitution gives all people the right to be free from unreasonable searches by the government. Since public school systems are run by the government, school officials (such as principals, teachers, guidance counselors, etc.) may not conduct unreasonable searches of students or their belongings.
However, a school official can conduct a search without a student's consent if there is reasonable suspicion that evidence will be found to show that she has broken a law or school rule. A warrant is not necessary to search a student's locker, desk, or clothes, as long as the official has reasonable suspicion. Reasonable suspicion may include smelling alcohol on a student's breath, bulging pockets, visible drug paraphernalia, or observation of illegal activities.
Courts have ruled that school searches must be reasonable in scope in relation to the facts that brought about the search. School officials may not search a student unless they believe this student in particular broke a law or school rule. In other words, mass searches of students generally are not allowed. Factors that determine whether a search was reasonable include: the student's age, sex, history, and school record; the nature of the infraction; the reason for conducting the search; the student's consent or refusal to consent to the search; the involvement of outside police officers; and the type of search conducted.
If a police officer or security guard conducts the search, some states require probable cause to search, a higher standard than reasonable suspicion. By legal standards, probable cause exists if the facts would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime. If drugs or weapons are involved, courts are likely to permit the search since these situations endanger the safety of schools and students.
In her book, Teen Rights: A Legal Guide for Teens and the Adults in Their Lives, Traci Truly recommends that if a police officer is participating in a search and the student has an item in his possession that is illegal, he should consider refusing to consent to the search. Once someone agrees to be searched, it doesn't matter whether the officer had reasonable suspicion or probable cause, and the student loses his right to challenge this issue.
Types of Searches
Strip searches are legal, but are generally reserved for serious threats of safety to other students. Courts will balance all of the surrounding circumstances of the search with the privacy rights of the student.
Unlike searches of the body, locker searches carry much less privacy rights for students and often are deemed valid by courts. Many schools use drug-sniffing dogs to search lockers, which is generally considered permissible because courts view lockers and desks as joint property of the student and the school. Thus, locker and desk searches are more easily justified than searches of the body or a student's clothing or pockets. Backpacks and purses are often searched and pat-downs are frequently upheld as well, so long as an officer's safety concerns justify the search.
Note that private schools are subject to completely different rules because their students do not have the same constitutional protections as public school students. Thus, searches in private schools probably will not be questioned.
Right to an Attorney
Students have the right to an attorney and the usual Miranda warnings when placed under arrest by a police officer. Once a student asks for an attorney, the police should stop questioning him immediately unless he waives this right. In general, if the police are involved and a student is being questioned about a potential crime, experts recommend calling parents or an attorney before answering any questions.
This same right to an attorney and Miranda warnings does not apply if a school official questions a student in their office, even if the questioning addresses criminal conduct. Still, any statements made to the school official can be used against the student in disciplinary proceedings at school and in any subsequent criminal investigation.
This brief discussion of teens' legal rights at school offers basic information about common situations that arise in school. If you find yourself dealing with any of the situations discussed above, it is advisable to immediately seek the advice of an attorney in your state.
