Constitutional Issues

Students do not shed their rights at the schoolhouse gate. In the words of the U.S. Supreme Court, students "are possessed of fundamental rights which the State must respect, just as they themselves must respect their obligations to the State." The following are resources related to students' rights under the First Amendment, including free speech and religious freedoms; students' rights under the Fourth Amendment, including reasonable searches and drug testing; and parental rights.

First Amendment Freedoms
Drug Testing and Student Searches
Parental Rights

First Amendment Freedoms   

Related Policies

Your local school board policy manual contains TASB's (LEGAL) reference policies and board-adopted (LOCAL) policies. Your district may also have relevant administrative regulations. For more information on First Amendment issues, see district policy and regulations at the following codes:

FNA Student Expression
FNAA Distribution of Nonschool Literature
FNAB Use of School Facilities for Nonschool Purposes

TASB Resources

Other Resources

Drug Testing and Student Searches   

Related Policies

For more information on drug testing and student searches, see district policy and regulations at the following code:

FNF Interrogations and Searches

TASB Resources

Other Resources

  • The Texas Attorney General (AG) School Crime and Discipline Handbook provides an overview of district responsibilities related to student search guidelines.
  • The AG School Safety Guide provides information on student searches, locker searches, metal detectors, drug dogs, and drug tests.
  • TEA Office of Legal Services General Student FAQ’s answers a frequently asked question about mandatory drug testing.

Parental Rights   

Related Policies

For more information on parental rights, see district policy and regulations at the following code:

FNG Student and Parent Complaints/Grievances

TASB Resources

Other Resources

  • TEA Office of Legal Services General FAQ’s answers frequently asked questions about parent visitation and parent requests that certain teachers teach their children.