The Know Your Rights Guide

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Why Does This Matter? 04030607080910121516Institutionalized Racism Important Terms 14th Amendment: Due Process 1st Amendment: Freedom of Speech & Expression 4th Amendment: Search & Seizure Exceptions to The 4th Amendment 5thHypotheticalsAmendment:The Right Against Self Incrimination and The Right to an Attorney Guide to Invoking Your Miranda Rights TABLE OF CONTENTS 2 GIRLS FOR GENDER EQUITY - KNOW YOUR RIGHTS GUIDE

THE GOAL OF THE “KNOW YOUR RIGHTS” GUIDE IS TO EDUCATE AND PROVIDE ACCESSIBLE MATERIALS TO COMMUNITY MEMBERS AND YOUTH WITH CONTEXT, ANSWERS, AND SOLUTIONS ABOUT THEIR RIGHTS IN SCHOOL SO THAT THEY KNOW WHAT TO EXPECT AND HOW TO REACT WHEN DEALING WITH POLICE/POLICING IN THEIR SCHOOLS. GIRLS FOR GENDER EQUITY - KNOW YOUR RIGHTS GUIDE 3

WHY DOES THIS MATTER?

Black and Brown girls, queer, and gender nonconforming youth are being criminalized for normal adolescent behavior, trauma, crimes or offenses based on survival, mental health issues, substance abuse issues, and offenses that truly require social and community support and resources rather than zero-tolerance discipline or incarceration.

Schools end up being hostile environments that recreate the structural oppression that Black and Brown girls, queer, and gender non-conforming youth ALREADY face in the outside world.

While education is a significant benefit the government provides students, it imposes certain burdens, including that students at school are under school authority. Still, students do have rights that impose limits on the school’s authority over them. Public schools are arms of the government and thus bound by the constitutional limitations the Bill of Rights imposes on any state actor when dealing with those under its power.

It is in all of our best interests to know what is up when officers are breaking the law. We know officers will not always respect people’s rights. That does not mean it is useless to know your rights, but it does mean we need to look at knowing our rights on a number of levels.

support rendering them vulnerable to significant danger and undesirable outcomes.

When Black and Brown girls, queer, and gender non-conforming youth resist discrimination, harassment, and violence in their learning environments, they are read through a lens that typically leads to their criminalization and punishment rather than their protection and

In 2005 and 2012, the Advancement Project reported that the presence of law enforcement in schools was one of the largest contributing factors for increased student arrests in schools.

HYPER-SURVEILLANCE&NYCHASMORESCHOOL SAFETY AGENTS PER STUDENT THAN OTHER LARGE CITIES HAVE POLICE OFFICERS PER INSTITUTIONALIZEDCITIZEN.RACISM 4 GIRLS FOR GENDER EQUITY - KNOW YOUR RIGHTS GUIDE

According to The School Girls Deserve research project, most young people in school do not know a school system without metal detectors and police presence.

• Currently, over 80 permanent scanning campuses exist in New York City. These campuses are located in under-resourced predominately Black and Latinx schools with an overrepresentation of law enforcement.

Nearly 50% of these young people reported going through metal detectors at school.

• It is clear that the over-policing and hypersurveillance of Black and Brown youth is due to the overwhelming police presence that is only increasing in predominantly Black and Latinx schools; thus, demonstrating that these resources and practices are rooted in institutionalized racism.

According to the New York Civil Liberties Union, there are over 5,200 school safety agents, 2,850 guidance counselors, and 1,193 social workers in schools throughout NYC.

• The use of metal detectors in schools has a causal link to the lower levels of students’ perceptions of their safety and fulfillment in school and may lead to school disorder.

OVER-POLICING

National School Board Association found in a study of more than 700 school districts across the United States, that “39% of all urban districts used metal detectors, 75% conducted locker searches, and 65% used security personnel.”

Increasing office referrals, suspension, and expulsion rates Gifted programs

Increases negative outcomes that feed into the schoolto-prison pipeline (poor academic performance, increased dropout and arrest rates, and fear of surveillance, retaliation, and criminalization)

Excluding disadvantaged students from schools with appropriate and sufficient funding Policing in schools

• Trans, nonbinary, gender non-conforming youth experiencing violence often do because their presence/existence does not conform to/ align within the confines of the gender binary.

• Approximately one (1) in three (3) of the vision session participants, in the School Girls Deserve project, reported experiencing sexual harassment in school –– as early as middle school.

GENDER-BASED VIOLENCE, VIOLENCE AGAINST GENDER NON-CONFORMING YOUTH, AND CONTROL OF GENDER EXPRESSION AND IDENTITY

• Gender Non-Conforming youth experience violence ranging from being misgendered, held to a strict binary school dress code, being prevented from using appropriate restrooms to verbal and physical harassment, and assault.

• According to GLSEN’s 2013 National School Climate Survey: 42% of transgender students are prevented from using their correct self-identified name; 59% are required to use the bathroom or locker room of their sex assigned at birth, and 31% of transgender students are prevented from wearing clothes because they were considered inappropriate based on their sex assigned at birth.

• Increased levels of police officers inside of schools sometimes made Black and Brown girls, queer, and gender non-conforming youth feel unsafe, often to the point where they did not want to attend school.

• Young people reported that the interpersonal violence they endure includes (but is not limited to) “sexual harassment, racial harassment, Islamophobia, criminalization, and control of their gender expression and identity.”

• Black and Brown girls, queer, and gender non-conforming youth are continually facing criminalization and abuse because of the influx of police and metal detectors in schools under the guise of protecting youth from school shooters.

• Black and Brown girls, queer, and gender non-conforming youth are subjected to surveillance and control, denying them selfautonomy and access to the utilization of self-defense.

THE IMPACT:

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HOW DOES THIS APPLY TO BLACK AND BROWN GIRLS, QUEER, AND GENDER NON-CONFORMING YOUTH?

• The School Girls Deserve report found in their vision sessions that young people, specifically Black and Brown girls, queer, and gender non-conforming youth, experienced interpersonal violence in their schools.

Disproportionate discipline (zero-tolerance policy)

INSTITUTIONALIZEDRACISM,CONTINUED.

THIS CAN TAKE ON MANY DIFFERENT FORMS

• Queer and gender non-conforming youth, especially, must decide every day between attending a school in a hostile climate and the possibility of experiencing harm OR skipping school and the possibility of facing punitive discipline measures for absence.

• Transgender/Nonbinary and Gender Non-Conforming (TNBNC) youth endure violence, specifically, gender-based discrimination, at higher rates than their cis-heteronormative counterparts.

DUE PROCESS

aSPEECHcommunication

scrunchies, etc.) religious dress/identifiers (i.e. Hijabs, Turbans, etc.) or other cultural markers (i.e. African head wraps).

The legal requirement that States must respect ALL legal rights that are owed to an individual. Due Process balances the power of the “law of the land” and protects individuals from it.

of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea; verbal, nonverbal, visual, and symbolic

BILL OF RIGHTS/ CONSTITUTIONAL AMENDMENTS

OBSCENEexpressions.SPEECH

• Experiencing violence often do because their presence/existence does not conform to/ align within the confines of the gender binary.

IMPORTANT TERMS

The first ten amendments to the Constitution of the United States, which state the rights that cannot be violated by the United States government.

a category of speech that is used to personally attack, insult or degrade another. Can cause someone to feel hurt, angry, upset, resentful, or annoyed.

• When schools force Black and Brown girls, queer, and gender non-conforming youth to comply with the white cisgender heteronormative gender binary, they are ultimately reinforcing negative stereotypes, biases, and narratives wholly based on misunderstandings and misconceptions.

a category of speech unprotected by the First Amendment. Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. All fifty states have individual laws controlling obscene material.

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• Ending punitive practices around dress code must expand beyond clothing to include infractions related to hairstyles and accessories (i.e. wraps with bobby pins, locs, braids, barrettes,

OFFENSIVE SPEECH

TheCONSTITUTIONdocumentcontainingthe system of fundamental principles by which a nation, state or other body is governed.

• Gender Non-Conforming youth experience violence ranging from being misgendered, held to a strict binary school dress code, being prevented from using appropriate restrooms to verbal and physical harassment, and assault.

Most state statutes require that the notice include a list of charges; some indication of the evidence that will be introduced including a list of witnesses; information concerning the time, place, and nature of the hearing; the student’s rights at the hearing; the rules of the hearing and explanation of the appeal process.

THE 14TH AMENDMENT IN SCHOOL

The right to an education is a protected property right, THUS, no student may be expelled or suspended from school without due process.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

14TH DUEAMENDMENTPROCESS

Most states have statutes requiring formal, written notice to the student and their parents of the charges before expulsion.

While students are in school, they are under the supervision, authority, and discipline of the school, so the school has the power to punish them. The school, however, as an arm of the government, must not impose disciplinary sanctions on students without providing them due process. Students who are accused of violating the school’s rules are entitled to some notice of the rules and some opportunity to be heard in their own defense.

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There must be enough time between notice and hearing to prepare a defense. That defense may include calling witnesses, presenting evidence, and having the assistance of counsel.

MEANING

Schools also may prohibit and punish speech viewed as promoting illegal drug use, despite the fact that this limits student expression.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the 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.

However, clothing that otherwise is acceptable under the dress code, but which bears a political message that the school doesn’t like, cannot be prohibited.

FREEDOMAMENDMENT OF SPEECH & EXPRESSION

The scope of that right, and the power of the school to regulate student speech, differs depending on whether the speech is part of a school-sponsored event, is independent student speech during school or student speech that takes place off-campus.

Students have a right to their freedom of expression and for many students this shows up in the way they dress and present themselves.

Students have the right to express themselves on school grounds, but schools may regulate or ban speech that is properly viewed as disruptive.

Schools can regulate the use of language conventionally viewed as obscene or offensive in otherwise protected speech.

Dress codes that prohibit gang symbols that may be disruptive are allowed, even though the symbols are designed to express ideas.

When the speech is part of a school-sponsored forum, like a school newspaper, the school has greater power to regulate the speech’s content.

FREEDOM OF EXPRESSION IN SCHOOL

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1ST

FREEDOM OF SPEECH IN SCHOOL

SEARCH

REASONABLE SUSPICION

An exploratory investigation (of an area or person) by a government agent that intrudes on an individual’s reasonable expectation of privacy and is conducted usually for the purpose of finding evidence of unlawful activity or guilt.

The level of knowledge generally required for a law enforcement officer’s search outside school, where the known facts and circumstances raise a “fair probability” or a “substantial chance” of finding evidence of criminal activity.

INCRIMINATING INFORMATION/ EVIDENCE

Statements provided written or orally OR physical evidence found making someone appear guilty of a crime or wrongdoing.

Protects people and stops the police and other government agents from searching us or our property without probable cause to believe that we have committed a crime or a warrant. The 4th Amendment does not guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

SEIZURE

IN PLAIN LANGUAGE

RIGHT OF PRIVACY

IMPORTANT TERMS

4TH

The level of knowledge required for a school search which is less than probable cause, and exists where the facts and circumstances known to a school official raise a “moderate chance” of finding evidence of wrongdoing.

PROBABLE CAUSE

SEARCHAMENDMENT & SEIZURE

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The right to be left alone.

A written order signed by a judge and based on sworn testimony, which authorizes a law enforcement officer to search a specific place, and to seize evidence of a crime or other listed items from that place.

The taking and carrying away of the personal property of another by a government agent.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

SEARCH WARRANT

• Their search is justified by a “special need”

School officials (teachers, faculty, staff) are also known as non-government actors.

EXCEPTIONS TO THE 4TH AMENDMENT

Reasonable Suspicion: raise a “moderate chance” of finding evidence of wrongdoing. Probable Cause : raise a “fair probability” or a “substantial chance” of finding evidence of criminal activity.

Also referred to as clear-view doctrine or plain sight rule.

WHAT DOES THIS LOOK LIKE IN REAL LIFE

A “Stop and Frisk” or a Terry Stop in the United States allows the police to briefly detain a person based on reasonable suspicion of possible involvement in criminal Reasonableactivity.Suspicion

Plain View Doctrine allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible.

“STOP AND FRISK” EXCEPTION

Searches and seizures carried out by school officials are governed by the same 4th Amendment principles that apply in other contexts. Though students are under school discipline while in school, they still have a right to see their reasonable expectations of privacy respected. Students have the right to be free from unreasonable searches and seizures while in school.

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• The search was so important enough to override an individual’s acknowledged privacy interest (the right to be left alone).

A police officer pulls over a swerving car on the highway. When the officer approaches the stopped car they can clearly see through the car windows open bottles of alcohol in the passenger seat and clear ziplock bags containing a white powder substance in the back seat. This is evidence of a possible crime.

is a lower standard than probable cause, thus a lot easier for an officer to justify their actions.

WHAT DOES THIS LOOK LIKE IN REAL LIFE

A police officers sees someone walking down the street they believe to be “suspicious.” The officer stops them, asks them questions, and searches them.

WHAT SCHOOL OFFICIALS CAN & CAN’T DO

Neither reasonable suspicion nor probable cause is required if the student consents. School officials are not required to advise students that they may refuse to consent.

The government and their agents have the power to stop you, even considering your 4th Amendment reasonable right to privacy. The police must show:

This is VERY easy for the police to prove.

YOU HAVE A RIGHT TO SAY: “NO, I KNOW MY RIGHTS AND I REFUSE TO CONSENT TO THIS SEARCH.”

School officials only need reasonable suspicion to search. However, law enforcement officials, such as police officers invited onto school grounds, need probable cause just as would be required in any other situation.

PLAIN VIEW DOCTRINE EXCEPTION

Also referred to as a Terry Stop

Schools can not have any particular suspicion of any individual student to conduct a General/Administrative search, but all students who chose to participate in a nonmandatory activity can be subject to a search.

Students have the right to be free from unreasonable searches and seizures while in school.

Search of an individual student requiring reasonable suspicion.

TO RECAP

School officials are not required to have probable cause or a search warrant before searching students. Instead, school officials only need “reasonable suspicion” before searching a student.

Reasonable suspicion means that there are reasonable grounds, before the search begins, for suspecting that the search will reveal evidence that the student has violated school rules, or the law, and the search is reasonably related to the circumstances justifying the search.

Search of entire student population or entire group of students participating in non-mandatory school sponsored activities.

Example

School lockers are generally considered school property, and the student has no reasonable expectation of privacy in the locker.

MANNER OF REASONABLENESSSEARCH:STANDARD

Reasonable suspicion is a much lower standard than probable cause, thus, making it easier for school officials to justify their actions while on school grounds.

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WHAT DOES THIS LOOK LIKE

Individualized Search

The Supreme Court has treated general searches of the entire school population more leniently than individualized searches.

To qualify, the procedure must be directed at a general danger (i.e. keeping weapons out of school, preventing the use of drugs) and be non-intrusive.

General/Administrative searches are considered so nonintrusive as not to require any particular suspicion to be reasonable.

Search of a particular student requires a reasonable suspicion justifying the search. Schools can require drug-testing (a type of search) without suspicion when that testing is given to all students who choose to participate in a non-mandatory school sponsored activities, such as, sports, choir/band, academic teams, etc.

Students have the right to be free from unreasonable searches and seizures while in school.

No justification for a search is required under the 4th Amendment unless the person subject to the search has a reasonable expectation of privacy in the item being searched.Students have a right to privacy in themselves (their body) and their personal belongings.

The manner of the search must be REASONABLE. A reasonable search is one that is not excessively intrusive in light of the student’s age, sex, and relative seriousness of the offense.

If an item is issued to a student for their use (the item belongs to the school) then the student has no expectation of privacy in the use of that item.

Example

Example

General Search “aka” Administrative Search

INDIVIDUALIZED SEARCH VS GENERAL SEARCH

PERMITTED SCHOOL SEARCHES: REASONABLE EXPECTATION (RIGHT) OF PRIVACY

A school official may have reasonable basis to search a high school girl’s backpack and outer clothing for pills they thought she was distributing, BUT subjecting her to a full strip search is UNREASONABLE and too intrusive.

HYPOTHETICALLY SPEAKING... 12 GIRLS FOR GENDER EQUITY - KNOW YOUR RIGHTS GUIDE

SITUATION

ReasonableJordan?suspicion

Officials can briefly detain someone if they have reasonable suspicion that a crime has been committed, is being committed, or is about to be committed.

REASONABLE SUSPICION

Reasonable suspicion means that there are reasonable grounds, before the search begins, for suspecting that the search will reveal evidence that the student has violated school rules, or the law, and the search is reasonably related to the circumstances justifying the search.

is a lower standard than probable cause.

Jordan is walking down the hallway to his next class after greeting one of their peers with a hand shake and is stopped by a school official. The school official saw them take money from another student in exchange for an item that the school official believed to be drugs. What gives the school official permission to stop

SITUATION

No justification for a search is required under the 4th Amendment unless the person subject to the search has a reasonable expectation of privacy in the item being searched. School officials only need reasonable suspicion to search. Neither reasonable suspicion nor probable cause is required if the student consents. School officials are not required to advise students that they may refuse to consent.

THE RIGHT TO PRIVACY

HYPOTHETICALLY SPEAKING...

Because it was the following day the school official no longer had reasonable suspicion and had no right to search Jordan’s belongings, therefore Jordan has the right to refuse the search.

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The following day the same school official that witnessed what they believed to be a drug transaction between Jordan and another student, wanted to search Jordan’s backpack. What right does Jordan have in this situation?

A Terry stop in the United States allows the police to briefly detain a person based on reasonable suspicion of involvement in criminal activity.

What is the name of the action when Jordan is stopped by the school officer?

Do NOT tell the police anything that could lead to your arrest!

TERRY STOP

WHAT TO DO IN THESE SITUATIONS

Ask the officer:

“AM I UNDER ARREST OR AM I FREE TO LEAVE?”

If the officer says that you are not under arrest, then let them know you will not be talking with them and that you will be leaving. If the officer says that you are under arrest, REMAIN SILENT. It is your 5th Amendment right to do so.

HYPOTHETICALLY SPEAKING... 14 GIRLS FOR GENDER EQUITY - KNOW YOUR RIGHTS GUIDE

The police will then use the incriminating information the people volunteered during the line of questioning as probable cause to make an arrest.

The officers are placed at various posts throughout the school building. One officer received a detailed tip from the school official that witnessed the previously described transaction between Jordan and another student (exchange of money for unidentified item).

SITUATION

School officials (non-government actors) have called in the additional support of school safety officers to help them conduct their investigation.

The police use these types of exceptions and tactics to ask people questions that will lead to them divulging incriminating information.

If you are a minor (under 18) you can ask for a parent/legal guardian to be present during questioning. In some states, minors have the right to remain silent without their parent or guardian present.

If public safety is an issue, questions may be asked without the defendant being Mirandized, and any evidence obtained may be used against the suspect under these circumstances. The Miranda Warning is all about questioning and being protected from self-incrimination under the 5th Amendment, not being arrested.

THE RIGHT SELF-INCRIMINATIONAGAINST & THE RIGHT TO AN ATTORNEY

• Arrests can occur without the Miranda Warning being given.

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MIRANDA RIGHTS

“EVEN IF MIRANDA RIGHTS ARE NOT PROVIDED, IT IS IMPORTANT TO KNOW THAT YOU HAVE THESE INVOKINGRIGHTS.”

5TH AMENDMENT:

• If the police later decide to interrogate the suspect, the warning should be given at that time.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

It is important to note that you can invoke and re-invoke your Miranda Rights at any time. Meaning, if you have been Mirandized and you later waive your rights by speaking to the police without an attorney present, you can at any point change your mind by re-invoking your rights. “I’ve changed my mind, I no longer wish to answer any questions, and I want an attorney.”

YOUR MIRANDA RIGHTS:

If the individual indicates in any manner, at any time prior to or during questioning, that they wish to remain silent, the interrogation must cease. If the individual states that they want an attorney, the interrogation must cease until an attorney is present.

“YOU HAVE THE RIGHT TO REMAIN SILENT. ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW. YOU HAVE THE RIGHT TO AN ATTORNEY. IF YOU CANNOT AFFORD AN ATTORNEY, ONE WILL BE PROVIDED FOR YOU….”

• Police have a duty to Mirandize a suspect if they intend to interrogate (question) that person under custody (after arrest).

WHEN THE POLICE SHOULD READ YOUR RIGHTS (AKA BEING “MIRANDIZED”):

The person arrested must still answer questions asked about their name, age, address, etc. They can be searched in order to protect the police officer. A confession provided by an individual to a police officer before their Miranda Rights have been read may find that confession later used against them in a court of law.

You must invoke your rights clearly and expressly or the police will not consider your words as “invoking your Miranda Rights.” Never use language like, “I think I want an attorney” or “I might want a lawyer.”

It might be hard to remain silent, but you must not talk to the police unless you are invoking your Miranda Rights. The police may/will try any tactic to make you speak and if they succeed they will use your words against you in court.

“I WISH TO REMAIN SILENT.”

It might be scary but always stand firm and speak clearly when invoking YOUR rights.

It might be hard to remain silent, but you must. The police may try any tactic to make you speak and if they succeed they will use your words against you in court. You must invoke your rights clearly and expressly or the police will not consider your words as “invoking your 5th Amendment Miranda Rights.”

#2: INVOKE YOUR RIGHTS IMMEDIATELY, CLEARLY AND EXPRESSLY.

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#1: DO NOT TALK TO THE POLICE.

If you are ever arrested NEVER voluntarily offer the police ANY information. Do not answer any questions. Always remain silent unless invoking your rights.

“I understand my rights and I want an attorney.”

GUIDE TO INVOKING YOUR MIRANDA RIGHTS

“I understand my rights and I choose to remain silent.”

“I am a minor and I want my parent/legal guardian present.”

#3: NEVER WAIVE YOUR MIRANDA RIGHTS.

TO RECAP

“I WANT AN ATTORNEY.”

LAYOUT AND DESIGN BY: Diana Walker, Qadir El Amin

We are co-creating a world where Black girls and gender-expansive young people of color have opportunities to lead in the design of policies in their schools and in government to withstand and dismantle structural barriers that prevent them from succeeding and thriving on their own terms. We bring to life our values by affirming and investing in the leadership of communities who have long been sidelined by public policy in order to maintain oppressive structures. We do this work because we know young people will lead us to a radically different world where we all experience freedom, safety, and joy in our lives.

EDITED BY: Damala Denny, Tyahija Martin, Abigail Morin, Nia Oden, Diana Walker

www.ggenyc.org Instagram, Facebook & Twitter: @GGENYC Tag us: #GGENYC #KnowYourRights SCAN TO DOWNLOAD THE DIGITAL KNOW YOUR RIGHTS GUIDE, ACCESS RESOURCES, AND MORE Copyright 2022 Girls for Gender Equity GIRLS FOR GENDER EQUITY - KNOW YOUR RIGHTS GUIDE 17

Equal Justice Works Fellow sponsored by Spotify and Mayer Brown LLP

Girls for Gender Equity (GGE) works intergenerationally, through a Black feminist lens, to achieve gender and racial justice by centering the leadership of Black girls and genderexpansive young people of color to reshape culture and policy through advocacy, youth-led programming, and shifting dominant narratives.

WRITTEN BY: Tyahija Martin

Hazelwood Sch. Dist. v. Kuhlmeier, 484 U.S. 260 (1988). Ingraham v. Wright, 430 U.S. 651 (1977).

National Women’s Law Center. Finishing Last: Girls of Color and School Sports Opportunities. (2015). Retrieved from: https://prrac.org/pdf/GirlsFinishingLast_Report.pdf

Jacobs v. Clark County School District, 526 F.3d 419 (9th Cir. 2008).

Newsom v. Albemarle County School Bd., 354 F.3d 249 (4th Cir. 2003).

U.S. Const. amend. I. U.S. Const. amend. IV. U.S. Const. amend. V. U.S. Const. amend. XIV.

National Women’s Law Center and Girls for Gender Equity. Listening Session on the Needs of Young Women of Color. (2015). Retrieved from: http://www.ggenyc.org/ girlsforgenderequity-nwlc-listening-session_report10-15/

Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).

CASE LAW

Katz v. United States, 389 U.S.347 (1967).

Morse v. Frederick, 551 U.S. 393 (2007).

CONSTITUTIONAL AMENDMENTS

National Youth Rights Association. Search and Seizure: You have the right to privacy - even at school. Retrieved from: rights-while-in-school-module-4-of-4LawNewhttps://www.youthrights.org/issues/student-rights/search-and-seizure/YorkCivilLibertiesUnion.ALookatSchools.(2017).Retrievedfrom:https://www.nyclu.org/en/look-school-safetyShelf.StudentRightsWhileinSchool.(2022).Retrievedfrom:https://lawshelf.com/videocoursesmoduleview/student-

Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).

JUSTIA.GGE_school_girls_deserveDRAFT6FINALWEB.pdfDetentionShortofArrest:StopandFrisk.(2022). Retrieved from: https://law.justia.com/constitution/us/

Goss v. Lopez, 419 U.S. 565 (1975).

ACLU. Students: Your Right to Privacy. (2022). Retrieved from: https://www.aclu.org/other/students-your-right-privacy

JUSTIA.amendment-04/14-detention-short-of-arrest-stop-and-frisk.htmlFourthAmendment-SearchandSeizure:PlainView.(2022). Retrieved from: https://law.justia.com/constitution/ us/amendment-04/21-plain-view.htmlNationalSchoolBoardAssociationand

Safford Unified School Dist. #1 v. Redding, 557 U.S. 364 (2009).

DesRoches v. Caprio, 156 F.3d 571 (4th Cir. 1998).

SCHOLARLY ARTICLES

New Jersey v. T.L.O., 469 U.S. 325 (1985).

Elizabeth T. Gershoff and Sarah A. Font, Corporal Punishment in U.S. Public Schools: Prevalence, Disparities in Use, and Status in State and Federal Policy. (2016). Retrieved from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5766273/ Girls fo Gender Equity. The School Girls Deserve. (2017). Retrieved from: https://ggenyc.org/wp-content/uploads/2017/11/

Chandler v. Miller, 520 U.S. 305 (1997).

Bethel Sch. Dist. v. Fraser, 478 U.S. 675 (1986).

BIBLIOGRAPHY

Camara v. Municipal Court, 387 U.S. 523 (1967).

People v. Duke, 151 Misc. 2d 295 (Crim. Ct. 1992).

Board of Education of Independent School District No. 92 v. Earls, 536 U.S. 822 (2002).

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Ornelas v. United States, 517 U.S. 690 (1996).

Advancement Project. Test, Punish, and Pushout: How “Zero Tolerance” and High Stakes Testing Funnel Youth into the School to Prison Pipeline. (2012). Retrieved from: https://www.justice4all.org/wp-content/uploads/2016/04/Test-PunishPush-Out.pdf

YOU HAVE TO POSSIBLE TO RADICALLY ACT AS IF IT WERE TRANSFORM THE WORLD. AND YOU HAVE TO DO IT ALL THE TIME. DR. ANGELA DAVIS GIRLS FOR GENDER EQUITY - KNOW YOUR RIGHTS GUIDE 19

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