SIDETEEN RIGHTS NOW
RightSide · California
School Rights Cheat Sheet
I don't consent to a search of my phone.
I want to remain silent. I want to talk to a lawyer.
Your phone Round 1
They can
- Take it if you break a rule
- Hold it, usually until the end of the day
- Lock it up under your school's phone policy
They can't
- Unlock it or make you unlock it
- Read your texts, DMs or photos
- ...unless you agree, they get a warrant, or it's a real emergency
Saying "sure, go ahead" counts as agreeing. Stay calm and don't grab it back.
New phone law: since July 1, 2026, every CA district has to limit phones at school. You can still use yours in an emergency or if you feel in danger, with staff permission, when a doctor says you need it, or when your IEP requires it.
Sources: CalECPA, Penal Code §1546.1 · Ed Code §48901.7 · ACLU: Cell phone privacy
Searches Round 2
| Your stuff | Search? | The rule |
|---|---|---|
| Backpack or purse | Yes, if... | They need specific facts. "You looked nervous" isn't enough. |
| School locker | Often yes | It's school property. Check your district's policy. |
| Phone contents | No | Not without your consent, a warrant or an emergency. |
| Strip search | Never | Banned for all California school staff. |
Sources: New Jersey v. T.L.O. (1985) · In re William G. (1985) · Ed Code §49050 · ACLU: Searches
Free speech Round 3
- You keep your rights at school. Schools can only stop speech that would seriously disrupt school or violate others' rights.
- California protects you even more: buttons, flyers, petitions and the student paper.
- The line: obscene speech, false and damaging claims about someone, pro-drug messages at school events, or stirring up real disruption.
- Online: weekend venting is protected. Threats and bullying can still get you disciplined.
Sources: Tinker v. Des Moines (1969) · Morse v. Frederick (2007) · Mahanoy v. B.L. (2021) · Ed Code §48907
Principal vs. police Round 4
Principal or staff
- Can question you with no lawyer and no Miranda warning
- What you say can be passed to police
- No law says they must call your parent first
Police, incl. school officers
- If you're 17 or under, you must get to talk to a lawyer before questioning in custody
- You can't give up that right, even if you want to
Sources: Welfare & Institutions Code §625.6 · ACLU: Police in schools
Getting in trouble Round 5
- Hear the charge. You get told what you're accused of and the evidence.
- Tell your side. There's a meeting before a suspension where you give your version.
- 5 days max. A principal can suspend you for up to 5 school days in a row, and your parent must be told.
- "Defiance" alone isn't enough. CA schools can't suspend you just for being disruptive or defiant (grades K–5 permanently; grades 6–12 through July 1, 2029). A teacher can still send you out of their class for the day and the next.
Called to the office? Ask: "What exactly am I accused of? Can I tell my side?"
Sources: Goss v. Lopez (1975) · Ed Code §48911 · Ed Code §48900(k) · ACLU: Discipline
More rights
- Mental health days count as excused absences. A parent still calls you in.
- Sun hats outdoors must be allowed (schools can limit styles), and sunscreen without a doctor's note.
- Natural hair like braids, locs and twists is protected by California's CROWN Act.
- Every kid can go to school, whatever their immigration status. CA schools can't collect your immigration info, and immigration agents need a judge's warrant to enter private areas of a school.
Sources: Ed Code §48205 · Ed Code §35183.5 · SB 188 (CROWN Act) · Plyler v. Doe (1982) · Ed Code §234.7 · ACLU: Immigrant students
Keep going with RightSide
Questions? Email rightsideteenrights@gmail.com
This is legal education, not legal advice. Laws change, and your district's policies matter too. If you're dealing with a real legal problem, talk to a lawyer or a trusted adult. Free help in the area: Community Legal Services in East Palo Alto (clsepa.org).