| Youth Beat |
School Attendance
1) Who is required to attend school?*
Quick Answer — everyone 7 to 16 years old.
The Details — the state of North Carolina has what is called a “compulsory attendance
requirement.” N.C. Gen. Stat. § 11 5C- 378 requires that “Every parent, guardian or other person in
this State having charge or control of a child between the ages of seven and
16 years shall cause such child to attend school continuously for a period equal to the time which
the public school to which the child is assigned shall be in session.”1 Children are required to
attend school until the age of 16 and a parent or guardian is required to ensure that they do so.
Section 11 5C-378 does not require that you attend public school, but that you attend a school.
“School” includes private schools and home schooling; as long as those schools meet certain
requirements.2 Emancipated minors are not subject to these provisions. You are considered to
be emancipated if you are under 18 and are married, or are serving in the armed forces or if you
successfully petition the court for emancipation.
2) Does that mean my parents can be held responsible for my not attending school?
Quick Answer — yes. Both parents and students can be prosecuted.
The Details — the process for determining parental responsibility is set forth in N.C. Gen. Stat. § 1
15C-378. If a child accumulates three unexcused absences the principal or other school official
must notify the parent or guardian. Before a child accumulates six unexcused absences, the
principal will notify the parent or guardian by mail that he or she may be in violation of the
Compulsory Attendance Law and may be prosecuted if the absences cannot be justified. After the
child accumulates ten unexcused absences, the principal will talk with the student and his/her
parent(s) or guardian(s) to determine if the parent or guardian received notification, and if so,
made a good faith effort to comply with the law. If the principal determines that the parent or
guardian did not make a good faith effort to comply she/he will notify the district attorney. In North
Carolina the State Board of Education lists seven situations in which an absence from school will
be considered excused.
1. Illness or Injury
2. Quarantine
3. Death in the Immediate Family
4. Medical or Dental Appointments
5. Court or Administrative Proceedings
6. Religious Observance
7. Educational Opportunity
An unexcused absence is defined as “[a] student’s willful absence from school with or without
the knowledge of the parent”5 or absence for any other reason than the seven listed above. A
child can be held responsible for not attending school through the school’s disciplinary policies
and juvenile law. Truancy, or failure to attend school, is considered a punishable status offense
(or undisciplined offense) in juvenile court.
MAS Freedom Foundation extends its gratitude to the ACLU and joins the ACLU-NCLF in thanking
former UNC law students Mike Barnett, Kara Grice, Robert Hensley and Ryan Willis as well as
former Enloe High School student Neil Leiter for their significant contributions to this manual. Last
updated August, 2004. General information for answers for many questions came from: Know
Your Rights: A Manual for Public School Students in Pennsylvania, ACLU of Pennsylvania (1996).
FREEDOM OF SPEECH
1) What are my First Amendment Rights?
Quick Answer — the First Amendment protects five rights: freedom of speech, freedom of religion,
freedom of the press, freedom to petition the government, and freedom to assemble.6
The Details — The First Amendment states “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to petition the Government for a
redress of grievances.”7 This principle applies to all arms of government.
2) What does “freedom of expression” mean?
Quick Answer — more than just “actual speech” is protected.
The Details — the First Amendment refers to “freedom of speech” and freedom of association;
however, the courts have held that the First Amendment protects other forms of expression and
association. They include, but are not limited to:
1. Spoken words
2. Written words
3. The use of symbols
4. Messages on buttons and T-shirts
5. Messages on the Internet V
6. Expressive clothing styles
7. The right to demonstrate
8. The right to join or refuse to join clubs and organizations
9. The right not to salute the flag
10. The tight to join or refuse to join clubs and organizations and the right not to salute the flag are
absolute rights. In other words, there are no circumstances under which these rights should be taken
from you. All the rest are limited rights that can be lessened in a school setting.
3) Does the constitutional right to freedom of speech apply to students while at school?
Quick Answer — Yes, but this right can be limited in situations where the speech interferes with the
ability of others to learn, e.g., speech that is vulgar or disruptive.
The Details — a student’s constitutional right to freedom of expression does carry over into school.
The Supreme Court, in Tinker v. Des Moines Independent School Dist. (1969), held that students do
not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”8
With this decision, the Court recognized that the First Amendment right to free expression is an
essential component of a student’s academic experience. However, this right can be limited in the
school environment f the expression “materially and substantially interferes with the requirements of
appropriate discipline in the operation of the school.”9 In addition, students may not engage in
“vulgar, lewd, obscene and plainly offensive speech” at school.’° Furthermore, school-sponsored
speech, such as in the school newspaper, is subject to control and censorship by school officials.
4) Do students have the right to protest or demonstrate against school policies or other policies?
Quick Answer — Yes, but protests are subject to limitations so as not to interfere with others’ right to
learn.
The Details — Students do have the right to protest and demonstrate against school and other
policies on school grounds, but such acts are subject to certain limitations. The First Amendment
provides for “the right of the people peaceably to assemble.” However, in the case Grayned v.
Rockford (1972), the Supreme Court allowed a student to be punished for participating in a large
demonstration in front of a school building in violation of a school “anti-noise” ordinance.
Nonetheless, the Court also reaffirmed that Tinker protects student expression on and near school
property, so long as it does not materially disrupt class work, involve substantial disorder or invade
the rights of others.
5) Are all types of student groups able to hold meetings on school grounds? Yes
What about religious groups?
Quick Answer — it depends. Meetings must be student-initiated, student-led, and cannot be held
while classes are scheduled.
The Details — the right to form groups and associations is an aspect of a student’s freedom of
association. In public schools receiving federal funds, this right is protected by the Equal Access Act
(EAA).12 Under the EAA, a high school that allows any not class- related groups to meet on its
campus cannot prohibit other such groups from meeting on the basis of their religious, political, or
philosophical viewpoint (schools, however may choose to close their campuses to all not class-
related groups). A student group is considered not class-related if the subject matter often group is
not taught in a regularly offered class, the subject does not concern the body of courses as a whole,
and participation is not required for a course and does not result in course credit.13 The EAA not only
protects the rights of religious groups, but also protects groups such as the gay-straight alliance, a
Hare Krishna chanting group, or a student socialist club. However, the law places several restrictions
on meetings of student groups on school property. First, the meetings must be student- initiated.
Second, school staff, including faculty sponsors may not lead, participate, control or regularly attend
the meetings. Finally, the groups may only meet during non-instructional time.
6) Is the school able to censor or otherwise control the content of school-sponsored expression,
such as school assemblies, a school newspaper or a school play?
Quick Answer — yes, as long as there is a legitimate reason.
• The Details — the United States Supreme Court in the case Hazelwood School. Dist. v. Kuhlmeier
(1988), held that a school principal who prohibited certain articles from appearing in a school-
sponsored journal did not violate a student’s First Amendment rights. School officials are allowed to
regulate the content of a school paper in any reasonable manner. According to the Court: “Educators
do not offend the First Amendment by exercising editorial control over the style and content of student
speech in school-sponsored expressive activities, so long as their actions are reasonably related to
legitimate [educational] concerns.” “Expressive activities” include anything sponsored by the school
or that is considered to be part of the school curriculum. Examples include school plays or musical
productions, performances by the band or chorus at graduation ceremonies or athletic events, and
school assemblies.
7) Can the school make it mandatory for students to say the Pledge of Allegiance?
Can students be punished for not observing this practice?
Quick Answers — No and No.
The Details — The Supreme Court decided, in West Virginia State Bd. of Educ. v. Barnette (1943), that
students cannot be forced to salute the flag.’6 N.C. Gen Stat. § 1 15C-47 (29a) provides that local
boards of education may encourage “the recitation of the Pledge or Oath of Allegiance.”17 However,
the statute also states, “These policies shall not compel any person to stand, salute the flag, or recite
the Pledge of Allegiance.”8 In addition, because the choice to participate in the Pledge of Allegiance
is the student’s, schools may not notify parents of a student’s choice not to recite the Pledge.’9
1) Who is required to attend school?*
Quick Answer — everyone 7 to 16 years old.
The Details — the state of North Carolina has what is called a “compulsory attendance
requirement.” N.C. Gen. Stat. § 11 5C- 378 requires that “Every parent, guardian or other person in
this State having charge or control of a child between the ages of seven and
16 years shall cause such child to attend school continuously for a period equal to the time which
the public school to which the child is assigned shall be in session.”1 Children are required to
attend school until the age of 16 and a parent or guardian is required to ensure that they do so.
Section 11 5C-378 does not require that you attend public school, but that you attend a school.
“School” includes private schools and home schooling; as long as those schools meet certain
requirements.2 Emancipated minors are not subject to these provisions. You are considered to
be emancipated if you are under 18 and are married, or are serving in the armed forces or if you
successfully petition the court for emancipation.
2) Does that mean my parents can be held responsible for my not attending school?
Quick Answer — yes. Both parents and students can be prosecuted.
The Details — the process for determining parental responsibility is set forth in N.C. Gen. Stat. § 1
15C-378. If a child accumulates three unexcused absences the principal or other school official
must notify the parent or guardian. Before a child accumulates six unexcused absences, the
principal will notify the parent or guardian by mail that he or she may be in violation of the
Compulsory Attendance Law and may be prosecuted if the absences cannot be justified. After the
child accumulates ten unexcused absences, the principal will talk with the student and his/her
parent(s) or guardian(s) to determine if the parent or guardian received notification, and if so,
made a good faith effort to comply with the law. If the principal determines that the parent or
guardian did not make a good faith effort to comply she/he will notify the district attorney. In North
Carolina the State Board of Education lists seven situations in which an absence from school will
be considered excused.
1. Illness or Injury
2. Quarantine
3. Death in the Immediate Family
4. Medical or Dental Appointments
5. Court or Administrative Proceedings
6. Religious Observance
7. Educational Opportunity
An unexcused absence is defined as “[a] student’s willful absence from school with or without
the knowledge of the parent”5 or absence for any other reason than the seven listed above. A
child can be held responsible for not attending school through the school’s disciplinary policies
and juvenile law. Truancy, or failure to attend school, is considered a punishable status offense
(or undisciplined offense) in juvenile court.
MAS Freedom Foundation extends its gratitude to the ACLU and joins the ACLU-NCLF in thanking
former UNC law students Mike Barnett, Kara Grice, Robert Hensley and Ryan Willis as well as
former Enloe High School student Neil Leiter for their significant contributions to this manual. Last
updated August, 2004. General information for answers for many questions came from: Know
Your Rights: A Manual for Public School Students in Pennsylvania, ACLU of Pennsylvania (1996).
FREEDOM OF SPEECH
1) What are my First Amendment Rights?
Quick Answer — the First Amendment protects five rights: freedom of speech, freedom of religion,
freedom of the press, freedom to petition the government, and freedom to assemble.6
The Details — The First Amendment states “Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to petition the Government for a
redress of grievances.”7 This principle applies to all arms of government.
2) What does “freedom of expression” mean?
Quick Answer — more than just “actual speech” is protected.
The Details — the First Amendment refers to “freedom of speech” and freedom of association;
however, the courts have held that the First Amendment protects other forms of expression and
association. They include, but are not limited to:
1. Spoken words
2. Written words
3. The use of symbols
4. Messages on buttons and T-shirts
5. Messages on the Internet V
6. Expressive clothing styles
7. The right to demonstrate
8. The right to join or refuse to join clubs and organizations
9. The right not to salute the flag
10. The tight to join or refuse to join clubs and organizations and the right not to salute the flag are
absolute rights. In other words, there are no circumstances under which these rights should be taken
from you. All the rest are limited rights that can be lessened in a school setting.
3) Does the constitutional right to freedom of speech apply to students while at school?
Quick Answer — Yes, but this right can be limited in situations where the speech interferes with the
ability of others to learn, e.g., speech that is vulgar or disruptive.
The Details — a student’s constitutional right to freedom of expression does carry over into school.
The Supreme Court, in Tinker v. Des Moines Independent School Dist. (1969), held that students do
not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”8
With this decision, the Court recognized that the First Amendment right to free expression is an
essential component of a student’s academic experience. However, this right can be limited in the
school environment f the expression “materially and substantially interferes with the requirements of
appropriate discipline in the operation of the school.”9 In addition, students may not engage in
“vulgar, lewd, obscene and plainly offensive speech” at school.’° Furthermore, school-sponsored
speech, such as in the school newspaper, is subject to control and censorship by school officials.
4) Do students have the right to protest or demonstrate against school policies or other policies?
Quick Answer — Yes, but protests are subject to limitations so as not to interfere with others’ right to
learn.
The Details — Students do have the right to protest and demonstrate against school and other
policies on school grounds, but such acts are subject to certain limitations. The First Amendment
provides for “the right of the people peaceably to assemble.” However, in the case Grayned v.
Rockford (1972), the Supreme Court allowed a student to be punished for participating in a large
demonstration in front of a school building in violation of a school “anti-noise” ordinance.
Nonetheless, the Court also reaffirmed that Tinker protects student expression on and near school
property, so long as it does not materially disrupt class work, involve substantial disorder or invade
the rights of others.
5) Are all types of student groups able to hold meetings on school grounds? Yes
What about religious groups?
Quick Answer — it depends. Meetings must be student-initiated, student-led, and cannot be held
while classes are scheduled.
The Details — the right to form groups and associations is an aspect of a student’s freedom of
association. In public schools receiving federal funds, this right is protected by the Equal Access Act
(EAA).12 Under the EAA, a high school that allows any not class- related groups to meet on its
campus cannot prohibit other such groups from meeting on the basis of their religious, political, or
philosophical viewpoint (schools, however may choose to close their campuses to all not class-
related groups). A student group is considered not class-related if the subject matter often group is
not taught in a regularly offered class, the subject does not concern the body of courses as a whole,
and participation is not required for a course and does not result in course credit.13 The EAA not only
protects the rights of religious groups, but also protects groups such as the gay-straight alliance, a
Hare Krishna chanting group, or a student socialist club. However, the law places several restrictions
on meetings of student groups on school property. First, the meetings must be student- initiated.
Second, school staff, including faculty sponsors may not lead, participate, control or regularly attend
the meetings. Finally, the groups may only meet during non-instructional time.
6) Is the school able to censor or otherwise control the content of school-sponsored expression,
such as school assemblies, a school newspaper or a school play?
Quick Answer — yes, as long as there is a legitimate reason.
• The Details — the United States Supreme Court in the case Hazelwood School. Dist. v. Kuhlmeier
(1988), held that a school principal who prohibited certain articles from appearing in a school-
sponsored journal did not violate a student’s First Amendment rights. School officials are allowed to
regulate the content of a school paper in any reasonable manner. According to the Court: “Educators
do not offend the First Amendment by exercising editorial control over the style and content of student
speech in school-sponsored expressive activities, so long as their actions are reasonably related to
legitimate [educational] concerns.” “Expressive activities” include anything sponsored by the school
or that is considered to be part of the school curriculum. Examples include school plays or musical
productions, performances by the band or chorus at graduation ceremonies or athletic events, and
school assemblies.
7) Can the school make it mandatory for students to say the Pledge of Allegiance?
Can students be punished for not observing this practice?
Quick Answers — No and No.
The Details — The Supreme Court decided, in West Virginia State Bd. of Educ. v. Barnette (1943), that
students cannot be forced to salute the flag.’6 N.C. Gen Stat. § 1 15C-47 (29a) provides that local
boards of education may encourage “the recitation of the Pledge or Oath of Allegiance.”17 However,
the statute also states, “These policies shall not compel any person to stand, salute the flag, or recite
the Pledge of Allegiance.”8 In addition, because the choice to participate in the Pledge of Allegiance
is the student’s, schools may not notify parents of a student’s choice not to recite the Pledge.’9
SECTION
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