[Introduction] [Rights at School] [Drugs and Alcohol] [Sexual Health/Pregnancy] [Police Matters] [Parental Consent Issues] [Government Agencies] [Identity Matters] [Rights of Undocumented Immigrants] [Rights Violations]
Quick—take a guess: which minority group does every American belong to at one point in life and discriminate against at a later point? Give up? The answer looks at you in the mirror every morning—it’s the youth of America.
As you move from childhood into adolescence, you are bound to face moments when adults doubt your competence to perform “grown-up” tasks or forbid you from enjoying privileges granted to those of older age in our country. Some of these prohibitions may be based on very rational thinking; some may seem—or actually be—arbitrary. And, to make matters worse, there seems to be no consistency among the various rights and restrictions faced by adolescents: you can drive a car before you can vote, you can fight in wars before you’re allowed to drink a can of beer, and you can be considered your parent’s responsibility even while in college or beginning your working life—or even after you’ve had your own child.
So, you’re in a pretty confusing place. But don’t fret: the information below explains the major rights and responsibilities you have as a young person in New York State. Use this information wisely, and spread it around!
Head's Up!
The law is like a living organism: it’s always changing. The information below was accurate at the time of this guide’s publishing, but it may have changed since then. If it’s really important to you—double check with a lawyer!
The information below is not meant to make you fear authority. It’s meant to make you aware of the laws that affect your life. In many situations, caring adults are your most effective allies in getting stuff done. So don’t run screaming—but do proceed with knowledge of your rights and the law.
Rights at School
You have the right to attend school until you graduate from high school, receive a GED, or turn 21. If you are under 16, you must attend school through the end of the year in which you turn 16 (e.g., If you turn 16 in July, you must attend school through the end of the following June). You have the right to a free, appropriate public education. You have the right to know the rules of the school or educational facility that you attend in advance of being held accountable to those rules.
Any personal property you bring on to school grounds is considered school property for the time it is on school grounds. It is therefore subject to search by school authorities or the police without a warrant. This includes not only bags, backpacks, and locker contents but also personal vehicles and their contents.
Counseling is available at school to any student who needs it. You may speak either to your guidance office, the school social worker, or the school psychologist.
Homeless students are not just young people who live on the streets or in shelters; they are also those who have no “fixed regular nighttime residence,” which includes couch-surfing students and, sometimes, students dealing with shifting parental custody arrangements. If you are homeless or you are living in a youth shelter or transitional program, you have the right to attend the school where you last enrolled (as long as it is within a reasonable distance) or the school in the area where you are temporarily living, even if you are moving from place to place. (This applies even if you are moving from one parent’s house to another’s and even if you are moving to the home of the parent who is technically the non-custodial parent.) The new school must enroll you immediately; you do not need any documents or school records. If the school does not believe you are entitled to be enrolled, you must be provided with a written statement of ineligibility. They must give you the opportunity to appeal their decision and must allow you to stay in school while the State Education Department reviews your appeal. There is a person with the title of “homeless liaison” in every school district that can help you with this process.
You also have the right to safety at school—the right to be free from harassment or bullying. Schools are required by law to provide a safe learning environment in which all students can participate freely and equally. Intimidation, bullying, and sexual harassment make schools a hostile environment, and school staff must respond to student complaints.
Sexual harassment is unwanted sexual attention. It can be directed at girls or boys. It can be physical, verbal, or even non-verbal communication. Students are also protected from harassment due to sexual orientation or perceived sexual orientation. The most important aspect of harassment is how the gestures make you feel. “Good” sexual attention makes you feel happy, excited, proud, maybe even nervous in a good way. It’s like flirting. On the other hand, sexual harassment leaves you feeling scared, anxious, ashamed, and unhappy. If you have asked someone to stop doing the things that bother you, and he or she continues, you can ask for help from a school counselor, teacher, or administrator. The sexual harassment policy in most student handbooks explains what the school must do to help.
You have the right to comprehensive guidance about your future from your school guidance office, which arranges counseling on course selection, career interest exploration, and college matters.
Students with disabilities are covered under Parts 200 and 201 of the Regulations of the New York State Commissioner of Education. All students, including those with disabilities, have the right to a “free, appropriate public education.” If a student feels that he or she has a disability requiring that he or she be given a special education designation, a referral letter must be hand-delivered to the committee on special education chairperson in the student’s school district. (The letter may be written by a parent or by a doctor or other professional.) The district must conduct evaluations and meet with the student’s parents or guardians within 60 school days of the delivery of the letter. The student’s parents or guardians must sign their consent to these evaluations. Students with special education designations have the right to attend regular classes based on their ability.
Sexuality
The age of consent in New York State is 17. This applies to both heterosexual and homosexual intercourse. Those under the age of 17 are deemed legally incapable of deciding whether or not to engage in sexual intercourse with someone over the age of 17. It is important to be aware that if one partner in a sexual relationship is older than 17 and the other partner is younger, the older partner is breaking the law and legal consequences may result—including the older partner being labeled a sex offender, which is a designation that may stick with him or her for life. Even if someone lies about his or her age, it is the person’s actual age that will matter legally.
Even if both partners are under the age of consent, legal consequences may still result for the older partner if there is a two-year age difference between the two partners.
Marriage
Those 18 and over may get married freely. Those under 18 must have parental permission of both parties to get married; those who are 14 or 15 may not get married without parental permission and the approval of a Family Court or Supreme Court judge. If you are under 14 you may not get married.
Pregnancy
If you are pregnant, you have the right to remain in school as long as you are physically able. After your child is born, you may return with your doctor’s permission.
Abortion
In New York State, young people of any age may access family planning services—including abortion, contraception, and emergency contraception (the “morning-after pill”)—in complete confidentiality. Parents are not notified, and, in fact, medical personnel are forbidden from disclosing to anyone (including parents) the names of those who obtain family planning services. (Planned Parenthood is the primary provider of these services.)
Plan B, an over-the-counter emergency contraception available in drug stores, may be purchased by those 18 and older.
Sexual Assault
You have the right to receive confidential treatment if you are the victim of sexual assault or rape. The Sexual Assault Nurse Examiner’s (SANE) Unit at Benedictine Hospital is designed especially for the needs of sexual assault victims..
As you’re no doubt aware, New York State law forbids those under age 18 from purchasing or possessing tobacco products and those under age 21 from purchasing or possessing alcohol. Illicit drugs such as marijuana, methamphetamine, or ecstasy are illegal no matter what your age. However, if you are experiencing a medical emergency due to the ingestion of drugs or alcohol, you should not be afraid to go to the hospital immediately—you cannot usually get arrested for substances you have already ingested. If you still possess some in your pockets or glove compartment, that’s a different story. Nonetheless, if you’re unfamiliar with the substance, it’s important to bring any of it you have left along with you.
If you have a drug or alcohol problem, you usually need your parent or guardian to consent to treatment. However, if your doctor feels that your parent’s involvement will be harmful to you or prevent you from getting treatment, you may be able to consent to treatment on your own. You do not need your parent’s consent if you want counseling; speak to your school social worker, school psychologist, guidance officer, or a service such as Teens and Parents in Woodstock.
Police departments throughout the county can be excellent resources for those seeking help. All county police officers have training in how to work with young people. Don’t be afraid to ask for assistance at any point in the legal process.
Interactions with Police
If you are approached by the police for any reason, you have the following rights: • to remain silent • not to sign any statements • to obtain a receipt for any possessions taken from you upon arrest • to have an attorney present during questioning • to have an attorney represent you free of charge if you do not have the funds to hire one. • to have a parent or guardian present before questioning if you are under 16. Your parents or guardian will be notified of your arrest and be given details on where you are being held.
Age-related Information
If you run into trouble with authorities before the age of 16, you may be prosecuted as a juvenile., in which case you will appear in Family Court rather than Criminal Court. (Youth under 16 can be sent to Criminal Court in cases of severe felony.) From the age of 16 on you are treated as an adult—except that up to your 19th birthday you may, under certain circumstances, be treated as a “Youthful Offender.”
Search Warrants
A search warrant is a paper signed by a judge giving permission to the police to search your house, car, or other property. (Note: whenever your property is on school grounds, it can be searched without a warrant.) In most instances, the police need a search warrant before they can search you and seize your property. Search warrants are usually given only when evidence is presented to a judge that provides reasonable cause to believe a crime has been committed. However, there are times when police can search without a warrant. These include searches that take place during emergency procedures or arrests, searches for which someone in control of a residence has given authorization, and searches that are done while catching sight of illegal materials or activities “in plain view” of public space.
In New York, there is no legally-recognized emancipated minor status. If you are living in an independent manner, you are not “emancipated,” nor can you do all the things that adults are permitted to do (see “Head’s Up” on next page). You also may be subject to proceedings through Family Court if your parents decide to force you to come home; they may file a PINS petition to keep you in services up until your 18th birthday. Alternately, in other situations, your parents may be freed from having to support you financially if they demonstrate to the court that you have chosen to live on your own despite their willingness to allow you to live at home.
There are three situations in which minors are given some of the rights of adults. These situations are: having a child as a minor, getting married as a minor, or enlisting with the military at age 17 (the last two of which cannot be done without parental consent).
There are several government programs that you may interact with during your teen years. The most common are the New York Department of Motor Vehicles, the U.S. Military/Selective Service, the U.S. Department of Education (which handles federal financial aid programs), and the New York State Health Insurance programs.
Drivers Licenses
You must be 16 years of age or older to apply for a learner’s permit, which allows you to drive while accompanied by a license-holder over 21 years of age. If you are under 18, you must have your parents sign for you to receive a permit (you can sign for yourself if you are 17 and have completed a driver’s ed course). After receiving your permit, you must practice frequently and take a pre-licensing course (the “five-hour course,” offered at local school districts and through the American Driving School in Kingston [tel. 845-331-2222]) before taking the road test, which, if you pass, will provide you with a driver’s license. When you possess a junior license, you may not drive after 9pm unless traveling to or from school or employment. If you have taken driver’s ed, you may drive after 9pm upon turning 17. Many insurance plans offer a discount to young people who have taken driver’s ed; be sure to inquire before forking out the cash for high premiums.
To take care of driver-related business, you can head to the main Ulster County DMV office on Fair Street in Uptown Kingston. Or, you can visit the mobile unit, which travels to town halls throughout the county as follows: Marlboro on Mondays, Saugerties on Tuesday, Ellenville on Wednesday, New Paltz on Thursday, and Shandaken on Friday. Mobile unit hours are 10am-1pm and 2-3:45pm. See page 111 for details.
Military Service
If you are a public high school student your name, address, and other contact information is made available to military recruiters—unless your parents sign an “opt-out” form to exempt you. If interested, ask for one in your school’s guidance office. If you choose to opt out, your parents must fill out a new opt-out form every year.
The minimum age to enlist in the military is 17. At age 18, all males are required to register for Selective Service. You must do this within 30 days of your 18th birthday. Forms are available at any post office. If you do not register you can be fined or go to jail; in addition, you will not be able to receive federal financial aid until you have registered.
Financial Aid for College
You are considered a dependent for financial aid purposes until you are 24 years of age. That means that in most circumstances your parents’ income is considered in determining your financial aid eligibility until you are 24 years old. It is very difficult to prove that your parents will not support you as a way to qualify for additional aid; in nearly all circumstances, your parents are expected to contribute to the cost of your education and their resources for doing so must be counted in determining your financial aid eligibility. If you elect to leave college before getting your degree, you will still need to return immediately any unused loans.
Note: Any conviction for a drug offense, including simple Unlawful Possession of Marijuana, may keep you from receiving any financial aid subsidized by the federal government.
To learn more about government financial aid, go to studentaid.ed.gov. To fill out a FAFSA (the form required to receive federal financial aid), go to www.fafsa.ed.gov. It’s free!
Health Insurance
Most health insurance plans allow a parent to keep a child who is a full-time student insured until he or she is age 24 or 25; the upper age limit varies according to provider. Most colleges are required by law to ensure that all students are adequately covered by health insurance plans. Most will sell their own healthcare coverage to students.
If your parents’ insurance does not cover you, New York has three health insurance programs for which you may be eligible: Healthy New York (tel. 1-866-HEALTHYNY) is for people who do not receive health insurance through their employers; Family Health Plus (tel. 1-877-9FHPLUS)is for those over the age of 19 (it is a more affordable option than Healthy New York for individuals and families that meet stricter income requirements); Child Health Plus (tel. 1-800-698-4543) is a similar program available for those under 19. Medicaid (tel. 1-800-541-2831) is a government plan that is available to those who qualify; its income restrictions are the strictest of all.
Functioning in the modern world requires frequent use of identity documentation—ID. But it’s not always so easy to get one. The instructions below help you figure it out.
Birth Certificates
Usually the easiest way to obtain a copy of your birth certificate is by visiting the town office of the town in which you were born. If you were born in New York State—but not in the five boroughs of New York City—you may also obtain a copy of your birth certificate from the New York State Department of Health (offered through VitalChek at 1-877-854-4481). The following website has all the information you need: www.health. state.ny.us/vital_records. Those born in New York City can check out http://www.nyc.gov/html/doh/html/vr/vrbappl.shtml. Note: to obtain your birth certificate, you will need to submit a copy of a valid government-issued photo ID.
Social Security Number
The Social Security Administration is a government agency that does two important things: it provides retirees and the disabled with a monthly stipend to cover living expenses and it gives every U.S. citizen a Social Security Number, which will be required of you throughout your life. You will need a social security number to get a job or apply for financial aid, so don’t delay—get one today!
If you’ve never received a social security card before and you’re over age 12, you must appear in person to receive a card. There is an office at 289 Stockade Drive in Kingston that is open Monday-Friday 9am-4pm. Be sure to bring with you a copy of your birth certificate bearing a raised seal, other documents that establish your identity (school ID, school records, driver’s license, state-issued non-driver ID), and your parents’ social security numbers.
Photo ID
You can obtain non-driver photo ID from the Department of Motor Vehicles at any age. You will need to supply a birth certificate and social security card along with additional documentation. The following website tells you everything you’ll need to know: www.nydmv.state.ny.us/idlicense.htm. For information on DMV locations, turn to page 111.
You can also obtain a photo ID from the Ulster County Sheriff’s Office—up until the day before your 18th birthday. Operation Safe Child puts your name, photo, and fingerprints on a card. It’s totally free and counts as government-issued photo ID for most purposes. Parent permission is required. Call 845-338-3640 for details.
Passport
To obtain a passport for the first time, you need to go in person with two photographs of yourself, proof of U.S. citizenship, and a valid form of government-issued photo ID. The fees range from $82 for an under-16 standard service passport to $157 for an expedited over-16 passport. You must provide photos for your passport; usually they can be taken at the place of application.
In Ulster County, the following sites offer and accept passport applications: the Kingston Main Post Office, the Lake Katrine Post Office, the Ulster County Clerk of Court, the Shokan Post Office, the Ellenville Post Office, the Marlboro Free Library, and the Saugerties Post Office.
Working Papers
If you are under 18, you are required to have an employment certificate (usually called “working papers”) before you begin to work. You apply for working papers at your school office; a parent signature is required. (A school physical is required; these are often given only during the school year. Some schools accept exams from private doctors. Check with your school office for details.)
The law limits your employment opportunities based on age. If you are 11 or older you may deliver newspapers; if you are 12 or 13 (and older) you may do farm work; if you are 14 or 15 (and older) you may work in stores or offices; and if you are 16 or 17 (and older) you may work in a factory or machine shop. Hours are also regulated. See your school office for more information.
Protecting Your Good Name
After going through all the hassle to establish your identity, be careful not to allow it to be damaged by your activities on the internet. College admissions committees—as well as some employers—are beginning to check MySpace and other social network sites as part of the admissions or hiring process. Applicants are increasingly being denied spots at universities due to inappropriate postings on websites. So be careful what you say online; you’re never as anonymous as you think.
Rights of Undocumented Immigrants
Most undocumented immigrants are considered invisible in the eyes of the government. Therefore, many of the rights given to citizens are not extended to undocumented immigrants Similarly, social services that are available to citizens are in almost all cases not available to adults. There are several key exceptions, though: • Undocumented immigrants are eligible for Medicaid in life-or-death emergencies. • Undocumented immigrants are protected from abuse under human rights ordinances. • Undocumented immigrants of school age must attend school.
If your rights have been violated, it is important to seek help. The best thing you can do is talk to a trusted adult who can help you navigate the path to a solution. Each rights violation involves its own remedy—some through the legal system, others through school systems, others with entirely different approaches. If you need to talk about your situation, feel free to call Just Connect at 845-331-5565 or click here for live online help during Just Connect's regular operating hours (Sunday-Thursday 6-10pm).
Just Connect is a project of Family of Woodstock, Inc. All contents copyright Family of Woodstock, Inc. 2006