We, the students

Along with the recent climate change walk-out came questions of what rights we have as students. Here are some civil liberties that Samo students hold.First Amendment RightsThanks to the 1969 Supreme Court case, Tinker v. Des Moines Independent Community School District, students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The First Amendment ensures that students cannot be punished for exercising their freedom of speech rights, even if school administrators do not  approve of what they are saying, so long as they do not cause irreparable harm; limits do apply for the safety of others. This means that students can wear pins/buttons, support any political beliefs and abstain from acts such as the Pledge of Allegiance. However, they can be stopped for supporting drugs, gangs and other illegalities , using offensive or distracting language and disrupting the school to a point of chaos.  Privacy RightsIn 1984, the Supreme Court held that the Fourth Amendment applies to searches conducted by public school officials, and that students have a reasonable expectation of privacy in the personal belongings that they bring to school. However, because schools are expected to maintain a safe learning environment, they do not need a warrant. Students can legally be searched if there is a “reasonable suspicion” that the search would turn up evidence that the student broke the law or school rules. Additionally, the extent of the search must be related to its purpose and not “excessively intrusive,” considering the child’s age and gender, as well as the nature of the wrongdoing. Protesting RightsThe school can punish a student for walking out because the law requires students to attend school; however, they cannot  discipline them more harshly based on the political nature of or the message behind their action. For example, principals cannot suspend students for three days for participating in a walkout if the district’s usual policy is to give students a written reprimand for skipping class. Any further punishment than what is agreed upon in written policy would suggest that the school is punishing students for expressing their personal, or political views, which is a violation of their constitutional rights. Health Rights In California, students of any age have the right to access birth control (including emergency contraception), pregnancy testing, prenatal care, abortion services and rape abuse or assault services confidentially, without needing adult permission. If you are 12 years of age or older, you also have the right to confidentiality access mental health and drug or alcohol treatment, as well as prevention, testing and treatment for sexually transmitted infections (STIs) and HIV/AIDS without adult permission. Schools are required to excuse absences for the previous reason as well as maintain confidentiality; schools are only allowed to contact the doctor/clinic to confirm an appointment, but they cannot inquire regarding what care the student is receiving. Additionally, in terms of sexual education, students are also guaranteed certain rights. The California Healthy Youth Act requires all California public schools to teach comprehensive sex education to their students at least once in middle school and once in high school.” This means medically accurate, unbiased, inclusive of LGBTQ people, and appropriate for students of all races and genders. Schools are not allowed to only give you information about abstinence.