School & Education

Public school students have individual rights that are protected by state and federal law. This article explains some of your basic speech, religious, and privacy rights as a student in Illinois. 

Speech rights

Students have a constitutionally protected right to free speech. But, school officials can regulate speech that would materially disrupt the school's work and discipline.

Students’ free speech rights extend to the use of technology. The US Supreme Court recently decided that a student could not get in trouble for a vulgar Snapchat sent off campus outside of school hours. So, schools can’t punish students for posting on social media when they are off campus unless they can show that the post materially disrupts the school environment.

Schools can regulate some off-campus speech, though. The types of off-campus speech a school might be able to regulate include severe bullying, threats, and activities that involve the use of school technology. Schools can also regulate speech that they sponsor, such as school newspapers or student yearbooks. 

Religious rights

Schools can’t sponsor religious expression. For example, they can’t lead a prayer. However, individual students have the right to express their religious beliefs.

Students have the right to:

• Fast,
• Take an absence for religious reasons,
• Modify To change or adjust their athletic uniforms for modesty reasons, and
• Request other reasonable accommodations.  

Fasting and physical activity

Students do not have to participate in physical activity in gym class when they are fasting for religious reasons. The student’s parent or guardian has to tell the school principal in writing that the student is fasting. 

Absence for religious reasons

Students are allowed to take an absence from school for religious reasons. This includes religious holidays or participation in religious instruction. The parent or guardian must give notice to school officials.

Modesty and changes to team uniforms

Student athletes can change their uniforms for modesty reasons. The change can be based on religious, cultural, or modesty preferences.

The changes to the uniform may include wearing:

• A hijab,
• An undershirt, or
• Leggings.

If a student chooses to modify their uniform, the student pays the cost. The student doesn’t need school board approval before making changes.

Any changes to the uniform can’t prevent the student's movement. The changes also can't pose a safety hazard. A full list of the rules can be found in the Illinois School Code.

These rules apply to:

• Public schools,
• Private schools,
• Charter schools,
• Community colleges, and
• Universities.

Other reasonable accommodations

Schools must try to make other reasonable accommodations if requested by a parent or guardian. This request should be made in writing. Schools can deny To refuse or say no requests that are unduly burdensome. 

Privacy rights

Students have certain privacy rights, but these rights are limited when it comes to searches at school. For more information on student privacy rights, visit School searches and student privacy. 

Right to be free from physical discipline

Starting January 1, 2025, Illinois law will prohibit corporal and physical punishment of students. This law applies to all Illinois schools. "Corporal punishment" means discipline that deliberately inflicts pain on a student in response A formal written answer to the plaintiff or petitioner's written statement to their behavior or language. 

Specific restraints are allowed to prevent a student from harming themselves or others. The threat of harm must be imminent. The school must also follow the certain rules. Learn more about physical restraint rules on the Illinois State Board of Education website.