Alaskans are headed back to school in the next few weeks, and we know that every student has the right to learn in an environment where they feel valued and can think for themselves. Over the past year, we’ve seen statewide and local policies threaten, target, and exclude students through politically motivated book bans, classroom censorship, anti-trans policies, and other forms of discrimination.
The ACLU of Alaska is committed to defending the rights of young Alaskans in public schools across the state. See our guidelines for knowing your rights – and how to get legal help if you feel your rights have been violated.
First Amendment rights
The First Amendment guarantees the right of free speech and expression to all, including young people. If you’re a public school student, you don’t check your constitutional rights at the schoolhouse doors. But whether schools can punish you for speaking out depends on when, where, and how you decide to express yourself.
Here’s what to know:
- You have the right to speak out, hand out flyers and petitions, and wear expressive clothing in school — as long as you don’t disrupt the functioning of the school or violate school policies that don’t hinge on the message expressed.
- What counts as “disruptive” will vary by context, but a school disagreeing with your position or thinking your speech is controversial or in “bad taste” is not enough to qualify. Courts have upheld students’ rights to wear things like an anti-war armband, an armband opposing the right to get an abortion, and a shirt supporting the LGBTQ community.
- Schools can have rules that have nothing to do with the message expressed, like dress codes. So, for example, a school can prohibit you from wearing hats — because that rule is not based on what the hats say — but it can’t prohibit you from wearing only pink pussycat hats or pro-NRA hats.
- Outside of school, you enjoy essentially the same rights to protest and speak out as anyone else. This means you’re likely to be most protected if you organize, protest, and advocate for your views off campus and outside of school hours.
- You have the right to speak your mind on social media, and your school has the least authority to punish you for content you post off campus and outside of school hours that does not relate to school.
Right to protest
The right to peaceably assemble was under attack by Alaska Governor Mike Dunleavy in the last legislative session. But thanks to advocates across the state who spoke out against his unconstitutional bills, they failed to advance. Alaskans still have the right to assemble and protest, but students should look up their school-specific policies. Here are other things to consider.
- Because the law in most places requires students to go to school, schools can discipline you for missing class. But schools cannot discipline you more harshly because of the message or the political nature of your action.
- The punishment you could face will vary by your state, school district, and school. If you’re planning to miss a class or two, look up the policy for unexcused absences for your school and school district. If you’re considering missing several days, read about truancy. Also take a look at the policy for suspension.
- If you are facing a suspension of 10 days or more, you have a right to a formal process and can be represented by a lawyer. Some states and school districts require a formal process for fewer days.
- You should be given the same right to make up work just as any other student who missed classes.
LGBTQIA2S+ rights
LGBTQ students have a right to be who they are and express themselves in public schools.
- Public schools have a responsibility to create a safe learning environment. They cannot ignore harassment based on a student’s appearance or behavior. Students should report harassment or threats to a principal or counselor. This puts the school on notice that officials can be held legally responsible for not protecting students.
- Public schools cannot force students to wear clothing inconsistent with their gender identity.
- If a public school permits any noncurricular clubs — clubs that aren't directly related to classes taught in the school — then it must allow students to form a Gay-Straight Alliance or other LGBTQ-themed clubs, and the school can’t treat it differently from other noncurricular clubs.
- Students’ transgender status and gender assigned at birth are confidential information protected by federal privacy law. If your school reveals that information to anyone without your permission, it could be violating federal law. If you don’t want school officials revealing your private information to others, including your legal name, tell them very clearly that you want your information kept private and that they should not disclose that information to anyone without your consent.
The ACLU of Alaska has filed a lawsuit against the Matanuska-Susitna Borough School District (MSBSD) over its policy prohibiting transgender students from using bathrooms and locker rooms that match their gender identity (Policy No. 5134 BP). The MSBSD board approved this policy in October 2022. If you are affected by this policy and would like legal assistance, please submit a legal request form.
Dress code
- Public schools can have dress codes, but under federal law dress codes can’t treat students differently based on their gender, force students to conform to sex stereotypes, or censor particular viewpoints.
- Schools can’t create a dress code based on the stereotype that only girls can wear some types of clothes and only boys can wear other types of clothes. For example, your school can require that skirts must be a certain length, but it cannot require that some students wear skirts and prohibit others from doing so based on the students’ sex or gender expression. That also applies to pants, ties, or any other clothing associated with traditional gender roles.
- Dress codes also must be enforced equally. For example, rules against “revealing” clothing, such as bans on tank tops or leggings, shouldn’t be enforced only or disproportionately against girls.
- All students should be allowed to wear clothing consistent with their gender identity and expression, whether they identify as transgender or cisgender. This also applies to homecoming, prom, graduation, and other special school events. Schools shouldn’t require different types of clothing for special events based on students’ sex or gender identity — for example, requiring tuxedos for boys and prom dresses for girls.
In July, the national ACLU wrote an open letter to principals and superintendents across the country calling dress codes and student rights to their attention. Read the open letter here.
What to do if you’re confronted by police at school.
- If you’re stopped by a police officer at your school, stay calm. Don’t argue, resist, run away, 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 the officer asks you a question, you have the 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. And if you choose to make a statement, ask to have a lawyer, parent, or guardian present before you are questioned.
- You can refuse to give your consent to be searched by the police. This may not stop the search, but this is the best way to protect your rights if you end up in court.
- Don’t consent to a phone search; police need a warrant to search your phone. The same goes for a strip-search. No police officer or school employee has the authority to strip-search you.
- Don’t resist, fight, or flee from an officer who is arresting you. 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.
The Supreme Court ruled in 1969 that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This is true for other fundamental rights, as well. The ACLU of Alaska is currently litigating student rights related to book bans in the Mat-Su Valley, as well as an unconstitutional ban on trans students using the bathroom that aligns with their gender identity in the Mat-Su Valley. These lawsuits are ongoing, but we encourage any student who feels their rights have been violated to:
- Write down what happened as soon as you can. Include the time and date, who was involved, where you were, any witnesses, and everything you can remember about the events that happened.
- Tell an adult you trust. A parent or friendly relative, a trusted teacher or school official who you feel is safe to talk to.
- Contact a lawyer. A lawyer can help provide legal advice on your rights and support the process of taking legal action, if that is something you choose. Calling a lawyer does not mean that you must take legal action. Your trusted adult can help you do this so you feel comfortable sharing your story with an attorney and getting legal advice. Submit a legal help request to the ACLU of Alaska.