Fact: Students' rights in private schools are not the same as those enjoyed in the public school systems.
The Center for Public Education points out:
"The hurdles erected by the U. S. Constitution’s Fourth and Fifth Amendments are exclusive to the nation’s public schools. Private K-12 institutions have far more leeway to conduct unfettered investigations, withhold findings if they choose, and unceremoniously ask a student or faculty member to leave. Tuition and employment contracts rule private school relationships, while America’s social compact and legal contract (the Constitution) governs how public officials must act."
In Loco Parentis
U.S. Constitution.net weighs in on the subject of In Loco Parentis, a Latin phrase meaning literally in place of parents:
"As private institutions, private schools are not subject to any restrictions in terms of violations of the rights of students. Hence, while a public school might have to prove that its violations are for a higher purpose or stem from its in loco parentis responsibilities, a private school may set limits arbitrarily."
If you go to a private school, you are not covered by the same laws as public schools. Private schools are covered by something called contract law. Practically speaking, that means you'd better follow the rules, particularly the ones which have serious penalties for infraction. I'm thinking of the big ones like hazing, cheating, sexual misconduct, substance abuse and so on. Mess with these and you will find yourself on the outside looking in in a nano-second.
Your Rights
How can you find out what your rights are at your private school? Simple! Read your student handbook. You probably had to sign a form indicating that you had read the handbook, understood it and would abide by it. Your parents most likely signed a similar document. Those are contracts. They are the rules which govern your relationship with and rights at your school
Freedom of Choice
Remember: if you don't like the school or its rules, nothing is keeping you there! There are plenty of options available to you, not the least of which is to attend public school where your constitutional rights are definitely protected.
Disclaimer: I am not a lawyer, so all I can suggest is that you ask your attorney and do some research on the subject to get the answers which apply to your particular jurisdiction and school.
