We’ve officially entered the month of August, and with it comes the anticipation of a new school year for students across Oklahoma. This time of year, can bring both excitement and uncertainty as students prepare for the upcoming school year. With tensions rising across the country and within our state, it is important for students to be informed about their rights. Students who are well-informed about their rights can go to school confident in the knowledge that students and their rights—to privacy, to speak freely, to be treated fairly—are protected by the laws and Constitution of the United States.
The Supreme Court ruled in 1969 that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” As a student, you have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school. However, schools may limit these activities if they disrupt the functioning of the school or violate school policies. What counts as “disruptive” varies by context, but a school disagreeing with your position or thinking your speech is controversial is not enough to justify limiting your speech.
Outside of school, you have the same rights to protest and speak out as anyone else. That means your rights are most protected if you organize, protest, and advocate for your views off campus and outside of school hours. You also have the right to speak your mind on social media, and your school cannot punish you for content unrelated to school that you post off campus and outside of school hours.
If you participate in a walkout, it is important to know that the law in Oklahoma requires students to go to school and therefore, schools can discipline you for missing class. But schools cannot discipline you more harshly because of the message or the political nature of your actions. And schools cannot let some student's walkout for some reasons, but not allow other students to walkout for other reasons, solely based on the controversial nature of message.
Ordinarily, the punishment for participating in a walkout is dependent on your school district and school. If you’re planning to miss a class or two, you should read your school districts policy for unexcused absences. If you’re considering missing several days, you and your parents should read about Oklahoma’s truancy laws. You should also look at the policy for suspensions. If you are facing a suspension of 10 days or more, you have a right to a formal hearing process.
If you are stopped by a police officer at your school don’t argue, resist, runaway, or otherwise interfere with the officer. Ask if you’re free to leave. If the answer is yes, calmly and silently walk away from the officer. If an officer asks you a question, you have the right to remain silent (but you must affirmatively say that you are exercising your right to remain silent). You also have the right to refuse to write or sign a statement. But if you waive these rights, anything you say, write, or sign can be used against you. If you are asked to make a statement, ask to have a lawyer, parent, or guardian present before going further.
You can refuse to give your consent to be searched. This may not stop the search, but this is the best way to protect your rights if you end up in court. In Oklahoma, police officers or school employees do not have the authority to strip-search you. If you are being arrested don’t resist, fight, or flee from the officer. Say you wish to remain silent and ask for a lawyer immediately. Don’t say anything, sign anything, or make any decisions without a lawyer present.
To get further information about your rights as a student go to ACLUOK.org, where you can find further scenario information. If you believe your rights have been violated, you can contact the ACLU of Oklahoma at intake@acluok.org
