Cougar Support Den
Social Background and Identity
Students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
The rights involving your social background and identity include:
Immigration
Disability
LGBTQIA+
Race
Religion
What are my protected rights as an (undocumented) immigrant?
Undocumented children cannot be denied their right to free public education, yet schools continue to practice exclusionary practices. Students with limited English proficiency must be provided with language instruction and cannot be turned away.
What rights do I have as a person with disabilities?
Public schools cannot discriminate against people with disabilities. They must be provided equal access to field trips, extracurricular activities, academic courses, school technology, and health services.
** Educators and administrators are responsible for providing proper accommodations and addressing bullying and harassment.
Is LGBTQIA+ expression legally protected?
Students in California have the right to express themselves freely and safely. Schools are responsible for addressing any hostile treatment and cannot ignore or encourage harassment.
For example:
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Federal law requires public high schools that allow non-curricular clubs to allow Gay-Straight Alliances.
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Schools cannot prohibit students from bringing a same-sex prom date.
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Schools also cannot “out” their students to their families even if they're out to some people.
Do I have a right to privacy and accommodations as a pregnant student?
Under Title IX, schools are responsible for providing pregnant students and students with children proper accommodations that students with temporary medical conditions have. This includes the ability to make up missed work and a safe place to learn. Schools cannot punish students who choose to have an abortion and cannot reveal private medical information.
What legally constitutes as racial discrimination?
Hateful speech that creates a hostile educational environment based on a student's color, race, national origin must not be tolerated. This includes and is not limited to racial slurs, anti-Muslim or derogatoryimmigrant remarks, and comments about nationality and ethnicity.
What about religious discrimination?
Religious expression is protected in the Constitution under the 1st and 14th Amendment. Title IV is violated if teachers harass students based on faith and schools are deliberately indifferent to student-to-student harassment. Wearing religious clothing and having equal access to facilities after-hours are all requirements of equal access protection.
Questions? Feel free to contact us here!
EVHS Wellness Center
3300 Quimby Rd.
San Jose, CA 95148
@cougarsupportden