EC 48907

Students’ right to exercise freedom of speech and the press

Pupils’ right to exercise freedom of speech and of the press...except expression which is obscene, libelous, or slanderous. Also prohibited shall be material that incites pupils to create a clear and present danger or the commission of unlawful acts on school premises or the violation of school regulations, or the substantial disruption of the orderly operation of the school.

Sample BP/AR

BP/AR provides guidance on students' right to exercise freedom of speech on and off campus.

Office of Attorney General Guidance regarding student protests
CSBA: Student Protests and Walkouts
Navigating Student Walkouts and Mass Protests

The First Amendment of the U.S. Constitution protects “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”. This is applicable when students are on campus or at a school event.

Schools have a responsibility to protect all students from threats and harassment, and to prevent discrimination due to a hostile learning environment. All students have the right to fully participate in the educational environment, free from discrimination and harassment.

Schools generally may not discipline students solely because they have engaged in speech that would be constitutionally protected off-campus unless their conduct is materially and substantially disruptive to the work and discipline of the school or invades the rights of others. Speech that is obscene, libelous, or slanderous; or creates a clear and present danger of unlawful acts on school premises, violations of school regulations, or the substantial disruption of the orderly operation of the school, is not allowed.

Some things that would not be protected include:

• a protest during class time that interrupts teaching (i.e. doing a walkout during class)
• a sit-in that blocks off a hallway, stopping students from getting to class
• a picket line across the parking lot that keeps faculty from getting into school blocking entrances and exits
• disrupting class by leaving or making noise that would interrupt a class
• climbing on school structures and property
• hate speech
• bullying, threats of violence, or breaking laws

EC  48205
J-13A waiver

Excused absences definitions do not specifically include absence due to protesting. Being tardy, missing a class or a school day would be an unexcused absence. 

If the school creates a “teachable moment” in civics education, and creates curriculum tied to a peaceful protest then a day of absence may be excused due to engaging in a civic or political event. EC 48205 (12)

The exception to this would be an excused absence per the discretion of the administrator. EC 48205(14)

When many students participate in a walkout, schools may submit a Request for Allowance of Attendance Due to Emergency Conditions (J-13A waiver) to recover apportionment losses.

EC 48900

While peacefully protesting itself is not necessarily a cause for discipline proceedings, actions occurring during the protest may warrant disciplinary action such as physical altercations, carrying weapons, damage to property, harassment or bullying, etc, 

48900(k) Disrupted school activities or otherwise willfully defied the valid authority of supervisors, teachers, administrators, school officials, or other school personnel engaged in the performance of their duties is not an expellable offense for any student in TK-12th grade. It is not currently a suspendable offense for TK-8th grade students. As of July 1, 2024, students in TK-12th grade cannot be suspended under 48900(k).

A student's disciplinary history and the utilization of other means of correction will also be a factor as discipline is considered for participating students.

Letter Template Link

CSBA Letter for Parents Template

Sample templates for communicating with staff, parents and students about possible protests

Protest Awareness Letter Template Link

Sample templates for communicating with students, parents and staff about possible protests

Learning for Justice

Classroom resources: lessons, student texts and tasks, printables, and teaching strategies

Article: "Responding to Student Protest"

This is a Harvard Graduate School of Education article with links to case studies and other usable resources. 

Key Takeaways: 

1. Educators should give students opportunities to voice their concerns and not take a side. Examples include: utilizing restorative practices to discuss difficult issues, build community, and address harm, letting students exercise their voices respectfully in school newspapers, podcasts, and YouTube channels, or in student council debates.

2. Adults should empower students to take productive civic action.

3. Educators should prioritize protecting students who may be harassed or bullied.

Article: "Student Walkouts"

This case study of a large-scale student walkout explores the dilemmas that emerge on what districts should be prepared for and thinking about as they respond.

California Democracy School Link

Online professional development available at no-cost:

• Module 1: Civic Learning in California Module 2: The California Democracy School Initiative 
• Module 3: How to Frame a Civic Inquiry Module 4: How to Facilitate an Investigation 
• Module 5: How to Conduct Dialogue About Controversial Issues Using Socratic Seminar 
• Module 6: How to Conduct Dialogue About Controversial Issues Using Philosophical Chairs 
• Module 7: How to conduct Dialogue About Controversial Issues Using Structured Academic Controversy 
• Module 8: Communicating Conclusions Module 9: Taking Informed Action 
• Module 10: Success Stories from the Field

Teach Democracy Link

Civil Conversation engages students in a close reading and analysis of a text that presents at least two sides of an issue. Students then participate in a structured small-group discussion about the issue, using evidence from the text. Finally, students reflect on their participation in the conversation, with an emphasis on reaching their own informed conclusions and considering where they found common ground with their classmates. It is intentionally not a debate, but a chance for students to engage in thoughtful dialogue.

Role plays and simulations require students to examine an issue from an assigned perspective. These activities provide a unique opportunity for students to examine content through a specific lens, to recognize bias, and ultimately, to draw evidence- and text-based conclusions in ways that are engaging and meaningful.

Civil Conversation Classroom Activity Link

This civil conversation activity provides a structured discussion method, under the guidance of a facilitator, in which participants are encouraged to engage intellectually with challenging materials, gain insight about their own point of view and strive for a shared understanding of issues.

Article: "Fostering Civil Discourse"

The ideas and tools in this guide will help you prepare students to engage in reflective conversations on topics that matter, whether you are in a remote, hybrid, or in-person setting.

Teaching Strategy Resource Link

Facing History offers a number of resources including: 

• Barometer: Taking a Stand on Controversial Issues

• Teaching About Controversial Issues in Polarized Times

Literacy with a Social Studies Lens: Reading, Speaking, and Listening for Deeper Learning

Classroom Deliberations Activity Link

Deliberations allow teachers to help students cooperatively discuss contested political issues by carefully considering multiple perspectives and searching for consensus. Deliberations have eight steps that allow teachers to facilitate structured, high-quality conversation about contested political topics in their classrooms.

Article: "The Right to Assembly"

Article: "Your Rights as a Student Protester"

ACLU Fact Sheet on Students' Free Speech Rights in Public Schools

Various resources provide students with information on their rights and potential consequences regarding demonstrations and political protests.

Resources to Ensure Student Safety During Walkouts or Protests

Guide to support school sites in the event of a student walkout. Specifically, staffing recommendations in the event of a peaceful demonstration.

Walkout: Students’ Call To Action To Make Their Voices Heard FAQs from the Alameda County Office of Education and Fagen Friedman & Fulfrost LLP

If students do leave campus, administrators should develop a plan of supervision, even after students were given an opportunity for holding a forum on campus.

ACLU: Know Your Rights! Student Walkouts and Political Speech at School

Student and Staff Safety is our main priority

• If the students are attempting to walk out-Identify a place on campus for a peaceful forum (Quad Area/Auditorium)
• Staff supervision should monitor-(make sure supervision staff includes counselors to address students that are feeling anxious or unsafe)
• Facilitate an adult moderator to respectfully provide a forum for the students to peacefully express their concerns and begin to develop a plan with activities
• The plan would be developed to support eh students in making a peaceful statement about their welfare and safety
• Encourage students to remain on campus for the forum
• If students attempt to leave campus, do not physically attempt to stop them

Tips for Administrators: 

• Provide a highly visible and supportive presence and environmen
• Provide talking points
• Identify and collaborate with vocal student leaders. Inform them when they need to convene
• Identify key teachers who have a positive rapport with students
• Provide a well supervised forum
• Establish an atmosphere of respect
• Communicate with parents via letter, Connect Ed, and newsletter
• Be prepared for counter protesters, outsiders, and instigators

Tips for Teachers: 

• Include discussions on these issues when appropriate
• Inform students of the cost to schools when they leave campus
• Encourage student groups to collaborate with other student groups
• Students may support the effort with letter writing, phone calling, social media
• Encourage students to organize groups at lunch
• Remind students that violent demonstrations may have an adverse effect
• Teach students that they have a powerful voice through the development of websites, editorials, and blogs

Staffing: 

• Work with your human resources team to develop a message to employees regarding your expectations during walkouts.
• Consider having subs on call in case you have a higher than usual number of teacher absences due to the protests
• You have the right to restrict access to campus for employees who call in sick on the day of a walkout.
• Employees who are on duty during the time of a walkout should not be released to participate in non-school-sanctioned walkout activities.
• Designate employees on each campus to accompany or monitor any students who do walkout. The district is still responsible for the students' safety.
• Consider posting employees at campus entrances during the walkouts to provide reports to school and district administration regarding the number of students leaving campus, the direction they're heading, etc.
• Have a plan for what to do with students who remain on campus.
• Remind employees that their obligation is to help students develop beliefs and opinions of their own on these issues, not to impose or share their personal beliefs and opinions.
• Consider polling employees ahead of time to assign employees who are interested in being part of the walkout to supervise those students, and assign those who are not interested to supervise and instruct students who are not participating in the walkout.