Thousands of Southern California students have walked out of school to protest the Trump administration\u2019s crackdown on immigrants since January after the killings of Renee Good and Alex Pretti by federal agents in Minneapolis.<\/p>\n
Some students have told LAist their teachers and principals supported their participation in the walkouts, for example, by allowing them to make protest signs in class. Others said their administrators shared confusing messages about potential discipline for leaving campus.<\/p>\n
Broadly speaking, California law requires minors to attend school<\/a>, but it also protects students\u2019 rights to speak out.<\/p>\n \u200a\u201dThe fact that some students may have a controversial point of view that might make others upset, that’s not a basis to restrict the speech under the education code,\u201d said Peter Eliasberg, chief council with ACLU of Southern California.<\/p>\n Keep up with LAist.<\/p>\n If you’re enjoying this article, you’ll love our daily newsletter, The LA Report. Each weekday, catch up on the 5 most pressing stories to start your morning in 3 minutes or less. <\/p>\n LAist cannot offer legal counsel but created this guide to help students, families and educators better understand these rights. It\u2019s based on:<\/p>\n Information from Eliasberg and the ACLU of Southern California.\u00a0A February webinar hosted by Compton nonprofit Community Lawyers Inc.<\/a>, with the Law Offices of Hirji, Chau and Rodriguez.\u00a0<\/p>\n Tl;dr of best practices for students at protests<\/p>\n When preparing to walk out, you might consider the following:<\/p>\n Have a clear civic and political purpose.\u00a0Walk out peacefully. Do not create additional disruptions for other students, vandalize school property or physically harm others.\u00a0\u00a0Document the purpose of the walkout in writing but be cautious about recording video of participants who may not want to be identified.\u00a0Ask your principal for school and district policies related to student walkouts and free speech and compare them to district policy and state laws.\u00a0Request an excused absence for civic and political event (more on how to do this below).\u00a0\u00a0<\/p>\n An overview of the (many) rules <\/p>\n The rules at your school are likely shaped by a larger organization, such as a school district or a charter network. Beyond that is California\u2019s education code<\/a>, a part of state law that is dedicated to schools.<\/p>\n Apart from that, you have federal policy, like the U.S. Constitution, which guarantees the First Amendment<\/a> right to freedom of speech.<\/p>\n Ideally, all of these sets of rules should agree with one another, but that\u2019s not always the case, said Rosa Hirji, an educational, civil and disability rights attorney. Hirji said the information shared by school administrators also may not align with the policy of their school, district or California\u2019s education law.<\/p>\n \u201cYou need to do your research and identify all of those things that you can do to protect yourself after the fact,\u201d Hirji said. \u201cMake sure that you disseminate that information amongst your peers and friends.\u201d<\/p>\n California\u2019s education code<\/a> states students have the right to exercise freedom of speech and press, including by:<\/p>\n Distributing printed materialsWearing buttons, badges or other symbolsExpressing themselves in school publications<\/p>\n Hirji said schools cannot legally prevent students from expressing themselves, but they can make rules for when, how and where that free expression can occur. For example, a school may designate time at lunch for students to march and hold up signs with political messages.<\/p>\n But there are no protections for speech that incites students to create a \u201cclear and present danger\u201d of:<\/p>\n Committing unlawful acts on campusViolating lawful school regulations\u00a0Disrupting the operation of the school<\/p>\n Does calling for a walkout constitute inciting students to break rules? Not necessarily, Hirji said.<\/p>\n \u201c\u200aThe question is \u2014 is that advocacy or calling for the walkout so inflammatory that it provokes some kind of disturbance in the school environment?\u201d Hirji said. What qualifies as a \u201cdisturbance\u201d is must be defined in policy and is not simply the opinion of the administrator, she added.<\/p>\n Speech that is obscene, libelous or slanderous is not protected.<\/p>\n How can I get an excused absence for walking out?<\/p>\n There are limited circumstances<\/a> when schools will grant a student an excused absence to participate in a walkout, even when parents are supportive of the action.<\/p>\n California allows middle and high school students one excused absence<\/a> per school year for a civic or political event. Students must notify the school in advance of the absence. School administrators may grant more than one excused absence related to protests, but they are not required to do so.<\/p>\n Community Lawyers Inc. created a template for this notice that students can print and fill out.<\/p>\n Can I get suspended or expelled for walking out?<\/p>\n Students can’t be suspended or expelled solely for walking out, but students can be marked tardy, truant or absent. Multiple incidents may lead to more severe discipline.<\/p>\n Let\u2019s define these terms:<\/p>\n Tardy means a student has arrived late to class.\u00a0Absent means a student is not present in class.\u00a0Truant means<\/a> a student has missed more than 30 minutes of instruction without an excuse three or more times during the school year.\u00a0<\/p>\n Eliasberg said that missing class to attend a protest can\u2019t be punished differently than any other kind of absence.<\/p>\n \u201cThe government can’t say, ‘Well, we think it’s worse for you to go out and protest than it is for you to skip class,’\u201d he said.<\/p>\n Truancy, tardiness or absence from school is not a basis for school suspension under California\u2019s education code<\/a>.<\/p>\n \u201cSo if a school district wants to engage in a disciplinary action against a student that walks out, they need to find another reason, another behavior that has occurred,\u201d Hirji said.<\/p>\n For example<\/a>:<\/p>\n Causing, attempting or threatening physical injury or violence\u00a0Possessing weapons or drugsStealing or damaging school property\u00a0Bullying, intimidating or sexual harassment\u00a0<\/p>\n California passed a law in 2023<\/a> that prohibits schools from suspending middle and high school students for \u201cwillful defiance,\u201d which includes disrupting school activities or defying school personnel<\/a>.<\/p>\n But there can be consequences for walking out<\/p>\n Once a student is considered truant, the school district is required to notify the student\u2019s family<\/a>, provide information about alternative educational programs, available mental health support and the right to meet with school staff to discuss the student’s absences from school.<\/p>\n The penalties for truancy can escalate the more often a student is absent and may include<\/a>:<\/p>\n Attending makeup classesReferral to an attendance review board<\/a>, a group of people whose goal it is to help get students back in school\u00a0Community service\u00a0<\/p>\n More student free speech rights resources<\/p>\n What should I do if I get in trouble for walking out?<\/p>\n Before a student can be suspended, they must be informed of the reason for the suspension and whether other means of correction were attempted, Hirji said. Examples of those other forms of correction include additional school, community service or communicating with a parent.<\/p>\n \u200a\u201dSchool is not supposed to suspend you on your first offense,\u201d Hirji said.<\/p>\n Hirji said the school should provide evidence of the offense allegedly committed and allow students to provide their version of events. This is due process.<\/p>\n Students may be able to appeal a suspension, which means asking the school to reconsider the punishment.<\/p>\n Where can I find my school district or charter network\u2019s policy?<\/p>\n Here are examples of documents a school or district may have related to students’ free speech and protest rights.<\/p>\n School board policies and administrative regulations<\/p>\n What they are: rules approved by a school district\u2019s elected boardWhere to find them: your local school board\u2019s website<\/p>\n School safety plan<\/p>\n However, schools and districts may have outdated policies that do not comply with existing law.<\/p>\n Hirji suggests comparing what a teacher, principal or other administrator says with the school, district and state\u2019s rules.<\/p>\n Can the police get involved?\u00a0<\/p>\n In mid-February, the Los Angeles Police Department warned<\/a> that protesting students may face legal consequences<\/a> for violating a city law that bars minors from public places during school hours.<\/p>\n