Education Justice Hub

North Carolina lawmakers are seeking to weaken First Amendment protections, curtail diversity and inclusion initiatives, and stoke hatred against marginalized communities. Our schools have become a critical battleground where these efforts are playing out. Protecting students' rights to safe and inclusive education and defending their right to speak out about issues that matter to them have only become more important in this climate.

In response, ACLU-NC created this resource to equip students, families, and communities with the knowledge and tools they need to protect their rights and push back against harmful policies.

If you feel your rights have been violated, please fill out our legal intake form.

All young people have a First Amendment right to learn free from censorship or discrimination. But over the past few years, North Carolina lawmakers have passed harmful bills targeting LGBTQ+ students, censoring classroom discussions, and removing diversity efforts. During the most recent session, more bills were introduced with the same goal, including attempts to limit school library books. The ACLU of North Carolina is committed to defending students' rights, even as we face monumental efforts to dismantle their freedom and autonomy.

SB 227 - vetoed by governor in 2025, overridden in 2026

This prohibits public schools from promoting 12 selectively defined “divisive concepts,” such as “The United States was created by members of a particular race or sex for the purpose of oppressing members of another race or sex.” SB 227 is an effort to eradicate inclusive education and censor curricula on race, gender, and the lived experiences and contributions of marginalized groups in the classroom.

HB 805 - became law in 2025

Parents can prohibit their child from checking out certain books in the school library with or without a reason and either parents or the student can request that the student be removed from any classroom activity or discussion that they believe contradicts their religious beliefs. All young people deserve to read and learn about the history, experiences, and viewpoints of all our communities, especially in public schools and libraries. HB 805 also requires schools to house children on field trips according to their assigned sex at birth, targeting trans students and forcing them into uncomfortable and discriminatory situations.

SB 49 – become law in 2023

Public schools must notify parents before changing a student’s name or pronouns in school records or for use by school staff, effectively outing them and potentially exposing them to unsafe conditions. SB 49 also prohibits any instruction on gender identity, sexual activity, or sexuality in kindergarten-4th grade. These kinds of limitations can make teachers question what they are allowed to discuss in the classroom and prevent students from receiving an accurate, inclusive education.

HB 574 - became law in 2023

Prevents transgender girls from playing on sports teams that align with their gender identity. Trans children deserve the same equality, dignity, and opportunities as their peers, and this law affects all women and girls by enabling school officials to question and harass young women and girls who try to participate in school activities.

HB 1043 - introduced in 2026, not yet passed

This bill would add several amendments to SB 49 (see above), including requiring schools to obtain parent permission before using a student’s chosen name and pronouns, restricting school library books that include LGBTQ+ themes, and implementing new enforcement mechanisms for the law. HB 1043 was introduced after lawmakers questioned officials from a local school system on a list of books available in their school libraries which featured LGBTQ+ characters and stories. Censoring books by and about LGBTQ+ people is discriminatory and antithetical to our First Amendment rights.

M.K. v. Stephen Fisher

In 2024, a high school in Cleveland County refused to let a student group play a quiz game highlighting LGBTQ+ cultural figures. The ACLU-NC filed a lawsuit arguing that this decision violated a student’s First Amendment rights. The Cleveland County Board of Education agreed to a settlement allowing the club to play the game and released a statement acknowledging the importance of public school students’ First Amendment rights. This case reinforces the precedent that public school students can freely discuss politically salient issues without fear of viewpoint discrimination.

Mahmoud v. Taylor

The ACLU and ACLU of Maryland filed an amicus brief with the U.S. Supreme Court supporting the Montgomery County Public Schools (MCPS) in its efforts to ensure that its English Language Arts curriculum is LGBTQ-inclusive. The U.S. Supreme Court ruled that public schools are required to allow religious opt-outs from curriculum. Under North Carolina law, parents can remove their child from any classroom activity or discussion that they believe contradicts their religious beliefs. The Mahmoud decision allows laws like this to stay in place, despite constitutional concerns.

Hoke County Board of Education v. State of NC

In 2022, the North Carolina Supreme Court ruled that when the state fails to provide public school students the opportunity to attain a sound basic education, courts may require the state to apply funds to meet its constitutional obligations. But on April 2, 2026, after two new justices joined the court, the Supreme Court dismissed the case on procedural grounds. According to World Population Review, North Carolina is ranked 41 out of 50 in public spending for education, and this case thwarts years of efforts to improve funding for schools in the state.

Immigrant students and families are facing significant attacks across the United States. Here in North Carolina, harmful anti-immigrant bills have become law despite a governor’s veto—laws that tear families apart, fuel racial profiling, and erode trust in law enforcement.

Despite these attacks, federal protections still exist to help safeguard students and families. For example, the Family Educational Rights and Privacy Act (FERPA) prohibits schools from sharing personally identifiable information from students’ records with anyone outside of the school without parental consent except in limited legal circumstances. Additionally, schools are not required to grant immigration officials (including ICE and Border Patrol) access to private areas or allow them to question or remove a student unless officials present a signed judicial warrant.

Even with these protections in place, fear of contact with immigration authorities may discourage families from participating in school events or accessing services. These attacks threaten students’ education, safety, sense of belonging, and access to opportunities that every child deserves, no matter their immigration status.

If you or your family have concerns about encountering ICE or Border Patrol while at school, we have put together resources to help you and your family plan effectively.

• Immigration Enforcement— Guidance for Schools
• Checklist for ICE Arrival
• Family Emergency Planning Guide
• Know Your Rights

LGBTQ+ students have the right to a safe and inclusive educational environment that is free from discrimination and harassment. Unfortunately, those rights are being threatened by a national wave of anti-LGBTQ+ legislation being introduced across the country and in North Carolina.

LGBTQ+ students are not alone. There is a huge community of support for those who need it, and we will work together to push back against further harmful legislation, affirm LGBTQ+ students’ identities, and create safe environments for young people to learn and grow.

Despite lawmakers’ attempts to stifle students’ expression and learning, LGBTQ+ students still have rights at school. We have answered some common questions about LGBTQ+ students’ rights under the Don’t Say Gay bill on our Know Your Rights page for transgender and nonbinary people.

For teachers, the Campaign for Southern Equality has a SB 49 Resource Hub so you can know how to comply with the law without going beyond what’s required of you. The National Education Association also has a guide on What Educators Should Know About LGBTQ Rights.

Additional Resources:

• ACLU LGBTQ Youth & Schools Resource Library
• Trans Youth Emergency Project
• Welcome Schools - HRC
• The Trevor Project
• It Gets Better
• Glisten
• Gender Spectrum
• PFLAG

Despite clear and documented evidence on the negative impact of police on students and school environments, North Carolina continues to allocate millions of dollars to placing armed law enforcement officers in schools. Prioritizing funding for police officers over funding for other school staff and community-based supports is a policy choice that has had grave consequences for North Carolina’s children, especially Black youth and students with disabilities.

In 2022, ACLU-NC published a report and fact sheet detailing the consequences of placing cops in schools. The report presents and discusses the implications of federal data regarding school referrals to law enforcement, with particular attention to disparities by race and disability status. The findings show disturbing racial disparities in school-based complaints and charges for disorderly conduct in schools.

Public education should be a space where students can engage with a wide range of ideas, even if those ideas challenge prevailing norms. Schools should serve as environments where a wide spectrum of ideas can be openly discussed and explored without restriction.

But lawmakers continue to attempt to censor school curricula and classroom discussion, especially as it relates to race and racism, gender and sexuality, and other topics that expose students to different perspectives. This censorship takes the form of laws controlling what teachers can and cannot discuss in the classroom, limiting diversity and inclusion efforts in schools, and banning books from school libraries.

You can see the most challenged books of 2025 here. Many of these books feature LGBTQ+ characters and stories about race and racism.

Now, more than ever, we should all stand in defense of free access to information, stories, and honest histories in our classrooms and libraries.

Public school students in grades K-12 do not lose their right to free speech when they enter the school building. Students can distribute flyers and petitions or wear expressive clothing. They can even speak out about controversial topics or protest the school’s own policies and actions.

There are, however, some limits on what students can do. We’ve put together answers to common questions about how public schools can respond to demonstrations.

Know Your Rights as a Student Protester

Here are a few of our community partners who advocate for students’ rights and education justice and provide helpful services for students, parents, and teachers.

• Education Justice Alliance - EJA's mission is to dismantle the school-to-prison and school-to-deportation pipelines, eliminate the criminalization of Black, Brown, LGBTQ+ students and students with disabilities, and secure educational equity for all students in the public school system. They help students and parents report school police officers and school security guards who violate their rights and harm students, provide guidance on navigating ICE in schools, and advocate for policy changes to improve educational equity.
• NC Association of Educators - NCAE is North Carolina's public school employees union and a state affiliate of the National Education Association. Their vision is to provide an equitable, quality public education for every child. Members elect delegates who vote for NCAE's top officers, debate issues, and set NCAE policy. They protect school employees’ rights in the workplace and advocate for policy changes.
• NC Justice Center - Their mission is to create lasting, equitable change for people with low incomes and those harmed by systemic oppression across our state. The Education & Law Project seeks to improve and reform public education from pre-K to 12th grade through policy research, community outreach, and litigation.
• Center for Racial Equity in Education - Through research, coalition-building, and technical assistance, CREED works to close racial opportunity gaps for children in P-20 education. They publish reports on educational equity and host a podcast called On The Margins.
• Every Child NC - A community-led, statewide coalition of organizations, parents, teachers, and students who advocate for every child’s constitutional right to a sound, basic education. They provide information about the Leandro Plan, a detailed roadmap of education policy for lawmakers, and advocate for its implementation.
• Duke Children’s Law Clinic - Provides free legal advice, advocacy, and legal representation to low-income, at-risk children in cases involving special education, school discipline, and children’s disability benefits.
• Emancipate NC - Through community education, narrative shift, and litigation, Emancipate NC supports North Carolina’s people as they free themselves from mass incarceration and structural racism. Their focus areas include ending youth confinement and reforming the “child welfare system.”
• Equality NC - Builds LGBTQ+ power through advocacy, education, and uplifting the stories of queer and trans North Carolinians in pursuit of racial and social justice. One of their issues is protecting LGBTQ+ youth from harmful practices like conversion therapy and giving them opportunities for empowerment and growth. The Rural Youth Empowerment Fellowship is a skill-building and leadership development program for LGBTQ+ young people in rural areas of North Carolina.
• Campaign for Southern Equality - Working to build a South where LGBTQ+ people are equal in every sphere of life. Their Trans Youth Emergency Project offers logistical and financial support for families of transgender youth seeking gender-affirming care. They also have programs dedicated to legal equality, community health, storytelling, and conducting independent research.
• NC Library Association - A chapter of the American Library Association and the Southeastern Library Association, the NCLA’s purpose is to promote libraries, library and information services, librarianship, intellectual freedom and literacy. Their Youth Services project seeks to improve services for youth and families in NC libraries.
• Disability Rights NC - A legal advocacy agency that fights for the rights of people with disabilities in North Carolina. DRNC enforces the education rights of students with disabilities ages 3 through 22 who attend public schools in our state. Their website includes a library of resources that can be searched by topic, including education.