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Students' Rights

Do Private School Students Have Any Rights?

By Robert Kennedy, About.com

Fact: Students' rights in private schools are not the same as those enjoyed in the public school systems.

Check out the ACLU's site. Ask Sybil Liberty expounds on Fair Treatment in the nation's schools and has to insert an all important "but" into her discourse:
"If you go to a private school, your due process rights may be different, because private schools are not required to obey the Constitution. Some state laws, however, may give you some due process protection in school. Contact your local ACLU chapter or affiliate to find out the laws in your state."

No Due Process?

So, no due process in private schools! Interesting! What about Freedom of Expression? Much the same answer! Sybil says: "Keep in mind – private schools have more leeway to set their own rules on free expression than public schools do." That applies to student blogs too according to the Electronic Frontier Foundation.

No Religious Freedom?

Ok, what about Religious Freedom? Sybil says: "Since private and parochial schools aren't run by the government, the First Amendment doesn't apply to them."

What does it all mean?

If you go to a private school, you are not covered by the same laws as public schools. Private schools are covered by something called contract law. Practically speaking, that means you'd better follow the rules, particularly the ones which have serious penalties for infraction. I'm thinking of the big ones like hazing, cheating, sexual misconduct, substance abuse and so on. Mess with these and you will find yourself on the outside looking in in a nano-second.

Your Rights

How can you find out what your rights are at your private school? Simple! Read your student handbook. You probably had to sign a form indicating that you had read the handbook, understood it and would abide by it. Your parents most likely signed a similar document. Those are contracts. They are the rules which govern your relationship with and rights at your school

Freedom of Choice

Remember: if you don't like the school or its rules, nothing is keeping you there! There are plenty of options available to you, not the least of which is to attend public school where your constitutional rights are definitely protected.

Disclaimer: I am not a lawyer, so all I can suggest is that you ask your attorney and do some research on the subject to get the answers which apply to your particular jurisdiction and school.

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