1. Right to Education
Description: Every student has the right to free and compulsory education up to a certain age, as mandated by the law.
Legal Basis: Article 21A of the Indian Constitution (Right to Education Act, 2009) or similar global laws.
2. Right to Non-Discrimination
Description: Students cannot be discriminated against based on race, gender, caste, religion, disability, or socioeconomic status.
Legal Foundation: Article 14 and Article 15 of the Constitution, Title IX in the U.S.
Also read:
- https://nexgenlegalaid.com/25-cases-that-defined-education-law-and-policy/
- https://nexgenlegalaid.com/30-steps-to-resolving-school-related-legal-issues-through-education-law/
- https://nexgenlegalaid.com/40-questions-about-education-law-answered-by-legal-experts/
3. Freedom of Speech and Expression
Description: Students have the freedom to present their thoughts, without interfering in any school-related activity or violating any rule.
Legal Foundation: Article 19(1)(a) of the Constitution, Tinker v. Des Moines (U.S.).
4. Right to Privacy
Description: Students have the right to privacy for personal information, locker searches, and securing data.
Legal Basis: Article 21 of the Constitution (India), Family Educational Rights and Privacy Act (FERPA) in the U.S.
5. Right to Safety
Description: The school must offer a safe learning environment free from bullying, harassment, and other forms of violence.
Legal Basis: RTE Act (India), anti-bullying policies, and state safety laws.
6. Right to Quality Education
Description: Students are entitled to quality education that meets prescribed standards of quality and inclusiveness.
Legal Principle: Right to Education Act, UNESCO directives.
7. Right to Special Education
Description: Free and appropriate education to students with disabilities must be provided with enabling aid wherever necessary.
Legal Principle: The Rights of Persons with Disabilities Act, India; Individuals with Disabilities Education Act, USA
8. Right to Equal Access to Facilities
Description: All children must have equal access to school facilities, such as libraries, laboratories, and extracurricular activities.
Legal Ground: Anti-discrimination laws and education equity policies.
9. Right Against Corporal Punishment
Description: There shall be no corporal punishment in schools and students have a right to human and fair treatment in terms of disciplinary action.
Legal Ground: RTE Act (India), state and national child protection laws.
10. Right to File Complaints
Description: A student can lodge complaints about any unfair treatment, harassment, or safety concerns without fear of any retaliation.
Legal Ground: Education laws provide for grievance redressal mechanisms.
11. Right to Participate
Description: Students have the right to participate in school governance, such as student councils or other democratic platforms.
Legal Basis: Institutional policies and child participation rights under international law.
12. Right to Be Informed
Description: Students have the right to be informed about school rules, academic requirements, and disciplinary policies.
Legal Basis: Transparency principles in institutional governance.
13. Right to Reasonable Accommodation
Description: Schools have an obligation to make reasonable adjustments for kids with disabilities, such as ramps or assistive technology.
Legal Basis: Disability rights laws
14. Freedom of Religion
Description: Students can follow their religion or faith without interference, so long as it doesn’t interfere with school activities.
Legal Basis: Article 25 of the Indian Constitution, First Amendment in the U.S.
15. Right to Be Heard
Description: Students are entitled to the right to raise their grievances in disciplinary proceedings or disputes.
Legal Basis: Principles of natural justice and due process.
16. Right to Confidentiality
Description: Students’ personal and academic records cannot be disclosed without their consent or valid reason.
Legal Basis: Privacy laws and FERPA (U.S.).
17. Right Against Ragging
Description: Students have the right to be protected from ragging and hazing in educational institutions.
Legal Basis: UGC Regulations on Ragging (India).
18. Right to Fair Evaluation
Description: All students have a right to fair evaluation processes and an opportunity to review and appeal where appropriate.
Legal Basis: Education standards and institutional procedures.
19. Right to Academic Freedom
Description: Students have the right to pursue and engage in studies without undue restraint on intellectual freedom.
Legal Basis: Constitutional freedoms relating to expression and speech.
20. Right to Protection from Expulsion Without Cause
Description: A student must not be expelled for capricious reasons; disciplinary actions should follow due process.
Legal Basis: RTE Act and institutional regulations.
Conclusion
Students’ rights under education law aim to foster an equitable, safe, and conducive learning environment. Awareness of these rights empowers students to advocate for themselves and ensures accountability within educational institutions. For specific issues, guidance from legal professionals or education advocates is recommended.