Puerto Rico Student Bill of Rights: what it protects and how to enforce it in court

The Student Bill of Rights recognizes rights of the student, of their parents or guardians, and duties of the student, the family and the academic institution. On rights, it includes receiving an education promoting full development of personality and intellectual capacities; free and accessible education between ages 5 and 21 in public primary and secondary schools; completing elementary and secondary education, which are compulsory; equal protection of the laws; knowing the criteria of the evaluation process; receiving bilingual education and learning to communicate fluently in both official languages; requesting public education in English through admission to specialized schools, subject to available space; exercising freedom of expression and dissenting from school staff’s opinions in an orderly, respectful way; being heard and having their opinions respected; obtaining reasonable accommodations and necessary services in the public system under the special-education framework, with the related information kept confidential; continuing to receive education, accommodations and services after a chronic-illness diagnosis; and taking part in organizations, student associations, councils, programmes and activities to develop leadership skills.

For the purposes of the Bill of Rights, a student is anyone between 5 and 21 dedicated to study in a formal programme. It applies equitably to students in both the public and private systems, with the caveat that some provisions target the public education system only, given the State’s particular responsibilities in delivering educational services. Remedies can be sought directly by the student if they are of age or emancipated; if a minor, the request must be filed by their representative — mother, father, custodian or guardian. They can also be sought by a representative of the Department of Education, of the Disability Rights Office, or of the Patient Advocate’s Office, as well as by the school entity through its authorized representative.

• Being a student for the Bill of Rights’ purposes: a person between 5 and 21 dedicated to study in a formal programme.Verified against the official source
• If the student is a minor, the request for a remedy must be filed by their representative: mother, father, custodian or guardian. If of age or emancipated, they can request it directly.Verified against the official source
• Claims are filed through the Tribunal Electrónico, remotely or with the technology available at the nearest courthouse during business hours.Verified against the official source
• Student Bill of Rights requests are handled during regular hours, Monday to Friday from 8:30 am to 5:00 pm; outside that window they are evaluated the next business day.Verified against the official source
• Disclosing the student record requires express written authorization from the parents or guardians, except for the exceptions the Act itself recognizes.Verified against the official source

• The Judiciary’s page publishes no document list for filing a claim. For contempt over non-compliance it does name a form: the Motion on Contempt (OAT 1460), downloaded, completed and uploaded to the Tribunal Electrónico within the corresponding case.

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   Step 1: Check that it covers you: public or private, ages 5 to 21

   The Bill of Rights applies equitably to students in both the public and private systems, although some provisions target the public education system only, given the State’s particular responsibilities. A student is anyone between 5 and 21 dedicated to study in a formal programme.

2. 2

   Step 2: Immigration status is neither asked about nor used

   The student has the right to free education in the public system regardless of, among other things, their immigration status. And they have the right to equal opportunities to enter the public education system: admission cannot be denied or refused for their immigration status or for being unable to show the legality of their presence in Puerto Rico, nor can the school inquire into their immigration status or that of their family or guardians.

3. 3

   Step 3: In a disciplinary case you have four concrete rights

   Getting notice of the offence and the sanction to be imposed — through parents or guardians if a minor, or directly if of age; having the chance to be heard before being sanctioned; being judged by an impartial and competent person; and knowing the student regulations, considered a public document accessible to every student. If you were sanctioned without being heard, that is exactly the kind of breach the Bill of Rights covers.

4. 4

   Step 4: The record is confidential, and asking for a copy is a right

   The student record and school conduct are considered private and confidential, and are not disclosed unless there is express written authorization from the parents or guardians. The student has the right to request and receive a copy of their school record, through their guardians. Information related to reasonable accommodations and special-education services is also kept confidential.

5. 5

   Step 5: File the claim through the Tribunal Electrónico

   The Act recognizes, among other remedies, protection orders, cease-and-desist orders, and orders enforcing the rights and obligations of the Bill of Rights. The request is filed through the Tribunal Electrónico, remotely or with the technology available at the nearest courthouse during business hours. The system is always up, but these requests are handled in regular hours, Monday to Friday from 8:30 am to 5:00 pm: outside that window, they are evaluated the next business day.

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   Step 6: Ex parte hearing and, if needed, both parties within five days

   If the judge finds the elements for granting a remedy are present, they will set a hearing — in person or by videoconference — to hear the requesting party ex parte, as soon as possible. Ex parte means without the other side present. The court may issue a provisional order of right or a resolution to address the claim, of defined or indefinite duration as it determines. After that initial hearing, whether or not the provisional statement is granted, if the court considers it important to hear the other side it can cite the parties to a hearing within no more than 5 calendar days.

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   Step 7: If the school breaches the order: contempt with OAT 1460

   Breaching a court order under the Bill of Rights leads to civil contempt. On non-compliance, the party who filed the claim must file a motion in the case, through the Tribunal Electrónico, so the judge sets a hearing to discuss the alleged breach; the Motion on Contempt (OAT 1460) can be used, downloaded, completed and uploaded into the corresponding case. The court itself warns that contempt should be the exception and not the norm — the last resort — because it can involve imprisonment.

Through the Judiciary’s Tribunal Electrónico, remotely, or with the technology available at the nearest courthouse during business hours. Bill of Rights requests are handled Monday to Friday from 8:30 am to 5:00 pm.

• Believing the Bill of Rights applies only to public schools: it applies equitably to public and private, although some provisions are public-system only.
• Thinking the right ends at 18: the definition of student runs to age 21.
• Accepting inquiries into the family’s immigration status: the Bill of Rights expressly forbids it, as it forbids denying admission on that ground.
• Letting a sanction imposed without hearing the student stand: being heard before being sanctioned is a recognized right.
• Not asking for the student regulations: they are a public document accessible to every student.
• Filing the claim expecting an answer outside business hours: they are handled Monday to Friday from 8:30 am to 5:00 pm.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Judiciary’s Tribunal Electrónico

  Poder Judicial

  poderjudicial.pr