Home Questions A Handbook On Student Rights And Responsibilities
The Center For The Protection Of Human Rights In Education Workshops "The Cuckoo's Nest" Pass Them On Resources


Student Rights At School

Free, K-12, Student Rights, Educational Help Since 1975

For High School, Middle School and Elementary School Students In Public and Private Schools




From The Cuckoo’s Nest

A Student Rights Blog For K-12 Students

By Boyer P.





Did You Know That It Is Illegal When:


You Are Embarrassed, In Front Of The Class, By A Teacher?

You Serve Detention During Lunch Or On Saturday?

You Are Given Laps Or Pushups As A Punishment?

You Are Not Allowed To Go To The Bathroom?

You Are Locked Out Of Your Class?

You Pay For Parking Spaces?


Click On “Questions” Above For More Educational Laws On Student Rights




Help On These Questions, To Learn How To Protect Your Student Rights While At School,



Free Counseling, Free Brochures, Free Cuckoo Nest Articles And Free Student Advocacy Resources



Boyer P. August





For Information On Ordering


a handbook on student rights and responsibilities

with an emphasis on California law



Boyer P. August




Handbook Costs


1File Copy $5.00


1 Paper Back Copy $10.00



Handbook Description


§  An Easy To Understand Summary

§  Of K-12, Public And Private School, Educational Rights


§  A Clear, Documented Resource For Student Safety And Well-Being

§  A Review Of Educational Law Affecting Students From 1874 To The Present


§  Published Since 1975 With Yearly Revisions

§  Legal Information Related To Both The Rights And Responsibilities Of Students


Handbook Citations Taken From


§  United States Supreme Court Decisions

§  United States Federal Court Decisions


§  California Supreme Court Decisions

§  California Appellate Court Decisions

§  California Superior Court Decisions


§  California Attorney General Opinions

§  California Education, Welfare And Health Codes

§  California Code Of Regulations, Civil And Penal Codes



Handbook Revisions For Our 31st Printing

July 4, 2016



1.    2016 California Law

Cell Phone Searches Only With A Warrant Or With Student Permission


2.    2017 California Law

Cheerleading To Be An Interscholastic Sport By 2017


3.    2016 California Law

Preventing Child Abuse On School Grounds By School Personnel


4.    2016 California Law

Required Counselor Training In Advocating For All Students; Implementing Academic, Career And Personal Growth Programs…


5.    2016 California Law On

Foster Youth, Homeless Children And Complaint Procedures


6.    Gay, Lesbian, Bi-Sexual And Transgender Student Rights


2016 Transgender Students – National Update On Bathroom Use

2016 Transgender Students – Virginia Update On Bathroom Use


2016 Transgender Students – California Update On Bathroom Use

2016 California Law – O. K. To Wear “Nobody Knows I’m A Lesbian” T-Shirt


7.    2015 California Laws On Graduation


No More High School Exit Exam Requirements

High School “Sham” Courses Prohibited


8.    California Laws On Harassment


2016 - Students May Be Disciplined For Cyberbullying

2017 - Racial Mascots Act


9.    2016 California Law On Marriage, Pregnancy And Parenthood

Help For Teen Parents With Young Children


10. 2015 California Law On Physical Hsealth

      Qualified Immunity For Physicians Prescribing "EpiPens"


11. 2016 California Law On School Boards

Student School Board Members Given New Rights


12. 2015 9th U. S. Circuit Court Of Appeals Decision On Special Education

Required Due Process Hearings


13. 2016 California Law On Students Records

How To Complain If These Rights Are Violated



Handbook Revisions For Our 30th Printing

July 4, 2015



1.    2014 Federal Letter

Immigrant Students Have A Constitutional Right To A Free K-12 Public Education


2.    2015 The California Department Of Education (CDC) And Local Educational Agencies Must Provide New Staff Training On Recognizing And Reporting Suspected Child Abuse And Neglect


3.    2014 New “Willful Defiance” Law Limits Student Discipline


4.    2014 Federal Court Test If Schools Effectively Accommodate Both Genders in Athletic Programs


5.    2014 Law Authorizes Referring Bullying Victims And Witnesses To School Support Services


6.    2014 Parents Can Sue Schools For Failure To Ensure That Students Are Not Discriminated Against, Harassed Or Bullied


7.    2014 Office For Civil Rights, Dear Colleague Letter

On How To Respond To Harassment Or Bullying Complaints Involving Students With Disabilities


8.    2014 Law Establishes Preventative Solution to School Bullying


9.    2015 State Department Of Education Reminder

            Parents Can Not Be Forced To Volunteer At School


10. 2014 Law Limits Full-Contact Football Practices And Includes Requirements Before Students With An Head Injury Or A Concussion Can Return To Sport Participation


11. 2015 Law Authorizes School Nurses Or Trained Personnel To Use Epinephrine Auto-Injectors On Students Suffering From Anaphylactic Shock


12.  2015 Laws Address Student On Line Privacy And Technology Issues

13. New Student Advocacy Resources



Handbook Revisions For Our 29th Printing

July 4, 2014



1.    2013 Cell Phones Cannot Be Searched Without A Warrant Or An Immediate Threat Of Danger

2.    2013 Mandated Child Abuse Reporters Not Immune From Lawsuits For Unwarranted Disclosures


3.    2013 Fees for Graduation Caps and Gowns Are Prohibited

4.    2013 Foster Care Students New Graduation Options And Notice Requirements


5.    2014 United States Supreme Court Upholds California's Ban On Gay Conversion Therapy

6.    2013 California Transgender Student Rights To Programs And Facilities


7.    2013 Cyberbullying: Sometimes, Schools Can Discipline For Off Campus, Electronic Bullying

8.    2013 Homeless Students: Immediate Enrollment In School And Eligibility For All Extracurricular Activities


9.    2013 California Supreme Court, Non-Licensed School Personnel May Administer Medication To Students

10. 2014 District Wins Appeal On American Flag T-Shirt, Cinco de Mayo Issue, Live Oak High School, Morgan Hill CA


11. New Student Advocacy Resources: Legal, Special Education And Other Educational Resources



Handbook Revisions For Our 28th Printing

July 4, 2013



1.    Readmission Required After Juvenile Justice System

2.    Child Abuse Reporting Requirements 1/1/13          


3.    Suspensions And Expulsions Alternatives - “other means of correction”

4.    New Grounds For Suspensions And Expulsions 1/13                     


5.    Gay-Straight Alliance Rights At School Affirmed, Florida

6.    Transgender Student Rights To All Programs And All Facilities


7.    Due Process Rights For Expulsions

8.    Parent Right To Subpoena Witnesses For Expulsions


9.    AB 1575 School Fees - January 2013

10. How To File A Complaint On Illegal School Fees


11. Parent Bill Of Rights

12. Required Concussion Training for High School Coaches                 


13. Current Special Education Information

14. New On Line Student Advocacy Resources



Handbook Revisions For Our 27th Printing

July 4, 2012



1.    2011 ACLU Report: H-E-L-L-O: Students Have A Right To Privacy In Their Cell Phones

2.    ACLU Challenges Coercive Police Interrogation Of Students at Davis High School, CA


3.    Fees For School Supplies, Summer School Tuition, Parking Spaces And For Advanced Placement Examinations Are Illegal

4.    2011 Federal Civil Rights, Sexual Harassment Lawsuit Settlement Against Counselor, Berkeley Unified, CA


5.    2012 California State Supreme Court Sexual Harassment Ruling For Molested Student

6.    2012 “Seth Law” Amendments To Safe Place To Learn Act Addresses Student Harassment


7.    Electronic Act Defined For Purposes Of Bullying Prohibitions

8.    2012 New Requirements For Student Athletes Related To Concussions And Head Injuries


9.    Superior Court Settlement In High School, Football, Brain Injury Case 

10. 2012 Unlicensed School Employees To Administer Emergency Epilepsy Medication


11. 2011 - 9th U. S. Circuit Court Of Appeals, San Francisco, CA, Teacher Free To Criticize Religion, Capistrano, CA

12. 2011 - 9th U. S. Cir. Ct. Of Appeals, San Francisco, CA, Teacher Does Not Have Right To Display Religious Banners, Poway, CA


13. 2011 Principal Wins Appeal On American Flag T-Shirt, Cinco de Mayo Issue, Morgan Hill CA

14. 2012 U. S. Supreme Court, Online Insults Of Teachers Or Administrator Might Not Always Result In Student Discipline


15. 2012 ACLU/The Asian Caucus, On Line Insults Of Teachers Or Administrators Might Not Always Result In Student Discipline

16. New On Line Resources: Calif. Watch, Ed Law Connect, EdSource, Electronic Frontier Foundation, First Amendment Coalition



Handbook Revisions For Our 26th Printing

July 4, 2011



1.    Urgent Need To Teach Students About Their Rights

2.    Child Abuse Reporting Law: Reasonable Suspicion Of Abuse Does Not Require Certainty


3.    2011 Legal Guidelines Recognizing Gay- Straight Alliances

4.    2011 Fair, Accurate, Inclusive and Respectful Education Act

5.    Adults Who Provide Alcohol To Students Can Be Sued 

6.    Drug Testing Of Students In Extra-Curricular Activities Ruled Unconstitutional


7.    2008 Due Process Violated At Deer Valley High School, Antioch, CA

8.    2010 Clovis Unified, CA Pays $250,000 In Student Fees Suit


9.    2010 Unlawful For School Districts To Charge Students Fees For Educational Activities

10. 2011 Federal Racial Harassment Award: $725,000 To Students/Parents From New Haven Unified District, CA

11. 2011 Sexual Harassment Guidance Letter To Schools

12. 2010 Search Of Student Who Left Campus, Without Permission, And Then Returned Was Lawful

13. 2010 Parents Can Obtain Money Damages For Failure To Provide Special Education

14. Student Evaluation Of Teachers 
15. Schools Required to Provide Free, Fresh Drinking Water 
16. 2011 Public Prayer Will Be Allowed At A Texas High School Graduation 


17. 2011 On Line Insult of Teacher Not Cyber-Bullying

18. 2011 Administrators May Be Sued For Not Allowing  Students To Wear American Flag T-Shirts



Boyer P. August, Ed. D., M. S.


§  Winner, 15 Year, California State Supreme Court and United States Supreme Court, Freedom of Speech, Civil Rights Case

§  Writer, a handbook on student rights and responsibilities with an emphasis on California law


§  Director, The Center For The Protection Of Human Rights In Education

§  A California Non-Profit Corporation Since 1978


§  High School Teacher and Administrator

§  Marriage, Family and Child Therapist


§  Teacher, Suicide Awareness And Prevention Programs

§  Director, Student Assistance Counseling Programs

§  Counselor, High School Ethnic Awareness Groups


§  Trained In Suicide Prevention, Crisis Intervention And Chemical Dependency

§  Trained In Self-Esteem Awareness, Peer Counseling And Conflict Resolution


§  Supervisor Of Student Teachers, California State University, East Bay, Hayward, California

§  Adjunct Professor, California State University, East Bay, Hayward, California


§  Supervisor Of Student Teachers, St. Mary’s College, Moraga, California

§  Master Teacher, University of California, Berkeley, California


§  San Quentin State Prison Kairos Assistant-Director and Presenter

§  Juvenile Hall, Intern Chaplain, Martinez, California



“Our answer is the world’s hope; it is to rely on youth ­– not a time of life, but a state of mind, a temper of the will, a quality of the imagination, a predominance of courage over timidity, of the appetite for adventure over the love of ease.” Robert F. Kennedy




An Educational Newsletter About The Rights Of K-12 Students While At Public And Private Schools

Since 1988



Free Articles From The Cuckoo’s Nest


§  Saturday School Sucks!

§  Saturday School Sucks II!

§  Language Rape: Verbal Abuse in the Classroom is Illegal


§  Hey, I’m A Teenager - Pay Attention Dude!

§  Have You Ever Been Kicked Out Of Anything?

§  Teenage Suicide – Please Don’t Bring That Up Again!


§  Parking Fees Are Illegal

§  Other Legal and Illegal Fees

§  A Form to Evaluate Teachers


§  24 Legal Solutions for Tardies Minus The Sweep

§  Lunch Detention and Required Lunch Testing is Illegal

§  The Sweep: Locking Students Out Of Their Classrooms Is Illegal


§  Prayer at Games and Graduation

§  Teenagers Should Not Be Allowed To Drive!

§  Parent Advice: Preparing For the Teacher or Principal Conference


§  The Code of Ethics of the Teaching Profession

§  The Center’s Philosophy on the Education of Students

§  The Process on Supporting Positive Programs and Competent Educators


§  Clean Bathroom Laws

§  Alternatives to Suspensions for Smoking

§  Student School Board Representatives Are Required by Law


§  Cell Phones Are Legal

§  Religious Clubs Are Legal

§  Lowering Grades Because Of Bathroom Passes


§  Suspension Laws

§  The Required Senior Contract

§  Lowering Grades For Unexcused Absences


§  Electronic Devises: Legal And Illegal

§  Disruptive Activities And Suspension

§  Prayers At Assemblies, Games and Graduations


§  Graduation And The Right To Walk



To Order Nest Articles



Boyer P. August




Home Questions A Handbook On Student Rights And Responsibilities
The Center For The Protection Of Human Rights In Education Workshops "The Cuckoo's Nest" Pass Them On Resources