Wake Education Advocates, a group of students, parents, and advocates concerned about educational excellence and equity in the Wake County Public School System, has prepared the following information about student rights.
Academic Failure
If you scored a level 1 or 2 on the End-of-Grade Test (EOG) or End-of-Course Test (EOC) and/or you have things like failing grades and excessive absences, you have a right to:
A personal education plan (PEP) which is a free plan the school has to create and follow to help bring you up to grade level. The plan has to:
- Include an evaluation to see where you need extra help.
- List what academic help you will get, such as mentoring, tutoring, summer school, Saturday school, extended school days, special homework, smaller classes, and modified instructional programs.
- Describe how the school will ensure the plan is followed and working.
PEPs are generally not for students with disabilities who have IEPs.
Short-Term Suspension
If you are facing a short-term suspension, you have a right to:
- Get an explanation from the principal about why you are being suspended, including what rule(s) you broke and the evidence against you.
- Tell your side of the story.
- Take textbooks home, get homework, and have a chance to make up tests. Your parent/guardian should pick up work from the school for you.
Don’t go on the school property during a suspension – if you do, you could be charged with trespassing.
Long-Term Suspension & Expulsion
If you are facing a long-term suspension or expulsion, you have a right to:
- Take textbooks home, get homework, and make up tests during the first 10 days of the suspension.
- Receive written notice of the charges against you.
- Have a hearing where you can present evidence in your defense, bring witnesses to testify for you, and ask questions of the witnesses against you. You have to request a hearing within 4 days of getting the notice.
- Have the hearing recorded and get a copy of the recording.
- Bring a lawyer or advocate to the hearing.
- Appeal to the superintendent.
- Appeal to the Wake Board of Education.
- Appeal to the Superior Court.
Special Education
If you have a disability that affects your education, you have a right to:
- An evaluation so the school knows what you need.
- A free, appropriate public education (FAPE) that meets your needs.
- An individualized education program (IEP) that will have goals for you and a plan for the school to help you meet your goals.
- Get your education as much as possible with your peers who don’t have disabilities (called the “least restrictive environment”).
- Have a manifestation determination review (MDR) before you can be suspended for more than 10 days. At the MDR it’s decided if your misbehavior was caused by:
1. your disability; or
2. the school’s failure to follow your IEP.
If the answer to either is yes, you can’t be suspended more than 10 days and the school should put behavior intervention into place.
Searches &Questioning/ Interrogations
You have the right to:
- Not to be searched, unless the school has a good reason to think you have something that is not allowed at school. (However, schools can search lockers and school computers at any time for any reason.)
- Say no if someone asks to search you.
- Remain silent if you are questioned/ interrogated.
- Ask to call your parent/ guardian if a school staff wants to search or question you.
If a school staff member or the school resource officer (SRO) tries to restrain or arrest you, so not resist. You could be charged with assault or resisting arrest.
Other Rights
You have a right to:
- Freedom of speech and expression, although it cannot be vulgar, lewd, threatening, or disruptive speech.
- Freedom of religion, both to express religious views and also to be free from the establishment of religion by the school.
- Freedom of assembly. You can form non-disruptive protests, although the school can restrict the location when on school property.
- Freedom from discrimination based on race, national origin, gender, religion, or sexual orientation.
- A quality (“sound basic”) education.
- Have your parent/guardian get copies of your education records.
- Get a copy of the student code of conduct. Read it!
What to do if your rights are violated
If you think your rights have been violated:
- Write down the name of the person who violated your rights.
- Write down the names of people who may have seen what happened or who know something about what happened.
- Write down exactly what happened. Use as much detail as possible. Don’t give what you write to anyone except your parent/guardian and lawyer.
- Try to stay calm. Don’t say or do anything you will regret or that could get you into trouble.
- Call Wake help at (919)-576-9253 or email wakehelp@gmail.com. They can direct you to the right place.
If you need to find resources to help with student advocacy, legal rights, or after school, summer, mentoring, and family programs, visit
Wake Help Resources.