By Littman Krooks LLP

Beginning the new school year brings hope and expectations and can also bring challenges. As students head back to school this year, make sure you know your child’s rights and entitlements to services. Federal and state laws protect the rights of students in school, yet many parents are unaware of their child’s legal protections as a student. Though certain civil rights are under attack at the federal level, New York State law has vigorous protections.

Here are basic rights that every student —from kindergarten to high school—possesses in a public school:

The Right to be Safe in School

Safety remains a paramount concern for most parents. Fortunately, with certain limitations, teachers and administrators have the general duty to act as a parent when protecting their students, under the doctrine of in loco parentis when students are in school. While this is not a guarantee of safety, your child has the right to supervision in school and the right to be safe.

The Right to be Free from Severe and Pervasive Bullying and Harassment

Bullying can have a devastating effect on any child and it is the obligation of the school to take reasonable steps to protect students from that harm. New York State’s Dignity for All Students Act seeks to provide students with a safe and supportive environment free from discrimination, intimidation, harassment, and bullying in school or at school-related activities. The New York State Human Rights Law protects students from harassment or discrimination based on race, color, religion, disability, national origin, citizenship or immigration status, sexual orientation, gender identity or expression, military status, sex, age, or marital status. School districts must take appropriate action to prevent bullying and harassment and cannot be deliberately indifferent. This includes off-campus harassment or bullying where there is some sort of connection to the school.

The Right to Evaluations and a Free Appropriate Public Education for Students with Disabilities or Suspected Disabilities

Every student learns differently, especially those with disabilities, emotional difficulties, or mental health concerns. School districts have an obligation to identify and evaluate students suspected of having a disability that may impact their learning. If a student is eligible for services under the Individuals with Disabilities Education Act, the school district must develop an Individualized Education Program (“IEP”). An IEP must provide instruction and services designed to meet the unique needs of a child. Parents have the right to challenge IEPs or lack of services in a due process hearing. Students with disabilities also have the right to receive reasonable accommodations under Section 504 of the Rehabilitation Act of 1973. In addition, public schools may not discriminate against students with disabilities and may not deny them equal access to all programs.

The Right to Attend School and Basic Due Process before Removals

In New York, students have the right to attend school, and any long term suspension of more than five days requires due process. A school principal and the superintendent of schools may suspend a pupil for a period of up to five school days, but must provide notice before the suspension of the charges and an informal conference. In the case of a suspension of more than five days, the district must provide the parents and student with notice of the charged misconduct and provide the opportunity for a hearing. At such a hearing, a suspension may be imposed for far longer than five days.

Students with disabilities have additional rights, and school districts cannot remove students for behaviors without following set procedures. If a student with a disability is suspended for more than 10 days in a school year, in addition to a hearing, the school district must conduct a manifestation determination review (MDR). The MDR is a meeting to determine whether a student’s behavior had a direct and substantial relationship to their disability before a further suspension. If the school team finds a manifestation, they cannot suspend the student further unless the conduct involved drugs, weapons or a serious bodily injury. If the team finds that the conduct was not a manifestation of the student’s disability, the student may be suspended to the same degree as would a non-disabled student.

The Right to for Older Students to Attend School up to Age 21

New York State Law entitles students to attend school between ages five to 21, although many students graduate at 18 or 19. If a student has not yet received a regular high school diploma, they can enroll in a free public school up until they turn 21. A school district cannot prevent a student from enrolling just because they are an older student. Students with disabilities who do not graduate with a regular diploma may stay in school until June 30^th of the school year they turn 21 or August 31^st of that year if they turn 21 in the summer.

The Right to Freedom of Speech

Especially in today’s political climate, it is important to know when your school district is legally allowed to stop your child from protesting or speaking up. Students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,” according to the U.S. Supreme Court. Under the First Amendment, students have the right to free speech if it does not cause a substantial disruption in school or interfere with the rights of others. Thus, this protection would cover a peaceful protest or even a walkout about restrictions or other issues.

The Rights of Immigrant and Undocumented Children

Every student, regardless of race, color, or national origin, has the right to a free public education in New York. NYS Guidance in 2025 has confirmed that families do not have to prove their immigration status to enroll their children in school, and public schools cannot deny undocumented children the right to an education. However, on January 20 2025, the U.S. Department of Homeland Security, in a Memorandum, rescinded previous guidelines that limited immigration enforcement actions in schools and other protected locations. This change permits ICE agents to conduct operations on school grounds, with certain limitations. However, without a judicial warrant, ICE and police cannot legally question or detain students at school without parental consent, absent an urgent safety issue. If these issues impact you, it’s important to know your rights and to consult with an experienced immigration attorney. As a start, you can review New York Civil Liberties Union (NYCLU) materials.

This list above is only a summary. It does not include all details, nor is it inclusive of all rights and services your child has in school. If you believe your child’s rights have been violated, and particularly if your child has been suspended or removed from school, consult with an experienced education attorney.