DRAFT FOR PUBLIC COMMENT
JFA
1
Related Entries:
CEA-RA, CNA-RA, ECC-RA, EGI-RA, IAA, IGT-RA,
2
IKA-RA, IQB-RA, IQD-RA, JEA-EB, JEA-RA, JEC-
3
RA, JFA-RA, JGA-RA, JGB-EA, JGB-RA, JOA-RA,
4
KEA-RA
5
Responsible Office: Chief of Staff
6
Student and Community Services
7
8
Student Rights and Responsibilities
9
10
A.
PURPOSE
11
12
To
provide
a
learning
community
designed
to
foster
13
intellectual development, citizenship, responsibility, and
14
mutual respect among students as they engage in the education
15
process.
16
certain rights, responsibilities, and privileges.
17
expectations for conduct that are intended to foster the
18
desired environment and educational goals of Montgomery County
19
Public Schools and its students.
As members of this community, all students have
There are
20
21
22
B.
ISSUE
23
24
In a free and democratic society rights are balanced with
25
responsibilities. All rights are inherently interwoven with
26
responsibilities.
27
28
29
C.
POSITION
30
1 of 5
DRAFT FOR PUBLIC COMMENT
JFA
31
1.
Students have responsibility for their own learning,
32
their personal conduct, and for the manner in which they
33
exercise their rights.
34
participate in the educational community, accept the
35
consequences of their actions, and abide by the policies
36
and regulations of Montgomery County Public Schools.
Students are expected to actively
37
38
2.
The rights of the student must always be considered in
39
relation
to
the
legal
rights
and
responsibilities
40
retained by others including, other students, teachers,
41
administrators, other school staff, and parents.
42
43
3.
As a component of active participation in the school
44
community, students may form and participate in clubs,
45
teams, and student organizations in accordance with all
46
state
47
procedures.
and
local
laws,
policies,
regulations,
and
48
49
4.
Students elected to student government or occupying other
50
leadership positions must retain academic eligibility
51
during their term of office.
52
elected
53
leadership
54
standard
55
regulations, and procedures on and off campus during
56
their term of office.
to
student
positions
of
conduct
Additionally, students
government
or
are
expected
and
comply
occupying
to
meet
with
all
a
other
higher
policies,
57
58
5.
The rights of freedom of expression in dress, writing,
59
and other forms are balanced with the responsibility to
60
maintain an environment conducive to learning.
2 of 5
DRAFT FOR PUBLIC COMMENT
JFA
61
62
6.
63
The rights of freedom of religion should be respected and
accommodated in accordance with law.
64
65
7.
Students have the right to have disciplinary actions
66
solely based on their individual conduct, which occurs at
67
school, at school-related activities, or would compromise
68
the health or safety of others in the school or would
69
adversely impact the security or operation of the school
70
setting.
71
disciplinary actions are fair and appropriate.
72
students also have the responsibility to accept the
73
consequences of their actions and be active participants
74
in maintaining an environment conducive to learning.
The
superintendent
shall
ensure
that
However,
75
76
8.
Students have the right to physical autonomy unless the
77
use
of
physical
78
circumstances.
restraint
is
reasonable
under
the
79
80
9.
81
Students’ legally recognized expectations of privacy are
to be respected.
82
83
10.
The essential dignity of all students, teachers, and
84
staff is recognized and the responsibility to secure,
85
respect, and support an environment conducive to learning
86
is shared by all members of the broad-based school
87
community.
88
89
11.
Students have due process rights which must be protected.
90
3 of 5
DRAFT FOR PUBLIC COMMENT
JFA
91
12.
Local school staff, in collaboration with students and
92
parents,
shall
develop,
implement,
and
enforce
93
disciplinary standards and procedures which may include
94
zero tolerance policies and procedures that limit or
95
restrict participation in extracurricular, graduation, or
96
other school-related activities or events.
97
98
13.
Students retain all the rights and responsibilities
99
articulated in all Montgomery County Public Schools
100
policies and regulations, as well as those defined by
101
law.
102
103
D.
DESIRED OUTCOMES
104
105
Montgomery County Public Schools will provide an educational
106
environment
107
responsibility, citizenship, respect for individual dignity,
108
and respect for legally constituted authority.
which
promotes
intellectual
development,
109
110
111
E.
IMPLEMENTATION GUIDELINES
112
113
1.
The Student's Guide to Rights and Responsibilities shall
114
be made available to all elementary school students and
115
shall be distributed to all students entering secondary
116
schools. Copies of the document should be made available
117
to parents.
118
119
120
2.
The superintendent will develop regulations with student,
staff
and
parental
input
to
guide
staff
in
the
4 of 5
DRAFT FOR PUBLIC COMMENT
JFA
121
implementation
of
this
policy,
including
issues
122
concerning eligibility for extracurricular activities.
123
124
F.
REVIEW AND REPORTING
125
126
This policy will be reviewed in accordance with the Board of
127
Education policy review process.
128
129
130
131
Policy History:
Adopted by Resolution No.19-97, January 14, 1997.
132
133
Note previous policy history: This policy was previously included
134
in the Students Rights and Responsibilities Handbook published in
135
Section M.
5 of 5
The following text reflects the original Policy JFA as
revised for public comment, with all revisions shown.
The extensive deletion of text was made to remove
language that duplicates provisions covered in
administrative regulation.
DRAFT FOR PUBLIC COMMENT
JFA
1
Related Entries:
CEA-RA, CNA-RA, ECC-RA, EGI-RA, IAA, IGT-RA,
2
IKA-RA, IQB-RA, IQD-RA, JEA-EB, JEA-RA, JEC-
3
RA, JFA-RA, JGA-RA, JGB-EA, JGB-RA, JOA-EA,
4
JOA-RA, KEA-RA
5
Responsible Office: Chief of Staff
6
Pupil Student and Community Services
7
8
Student Rights and Responsibilities
9
10
A.
PURPOSE
11
12
To
provide
a
learning
community
designed
to
foster
13
intellectual development, citizenship, responsibility, and
14
mutual respect among students as they engage in the education
15
process.
16
certain rights, responsibilities, and privileges.
17
expectations for conduct that are intended to foster the
18
desired environment and educational goals of Montgomery County
19
Public Schools and its students.
As members of this community, all students have
There are
20
21
To establish those student rights and responsibilities that
22
are most directly involved in the educational process and that
23
foster student involvement in that process
24
25
B.
ISSUE
26
27
In a free and democratic society rights are balanced with
28
responsibilities. All rights are inherently interwoven with
29
responsibilities.
1 of 39
DRAFT FOR PUBLIC COMMENT
JFA
30
31
One of the goals of school systems throughout the United
32
States is the development in students of an appreciation of
33
the democratic way of life. This is also one of the goals of
34
education
35
appreciation of the democratic way of life must include the
36
study of our national heritage and, to the fullest extent
37
possible, opportunities for students to exercise their rights
38
and assume their responsibilities as citizens.
of
the
Montgomery
County
Public
Schools.
An
39
40
Another primary task of the school is to create a stimulating
41
learning climate for all students. Two essential factors in
42
such a learning climate are the active involvement of students
43
in their education, including the planning and evaluation
44
thereof, and the fostering of a spirit of inquiry where
45
students
46
framework of discourse acceptable in a civilized society and
47
listen to and evaluate the opinions of others.
may
freely
express
their
own
views
within
the
48
49
The
effective
50
exercise of good faith on the part of the Board of Education,
51
staff, students, and parents in a common effort to achieve an
52
appropriate balance of rights and responsibilities. It is
53
necessary
54
including respect for legally constituted authority, and a
55
learning climate such that each individual may take maximum
56
advantage of the learning opportunities and may realize as
57
fully as possible his/her true worth and his/her capacity to
58
make a positive contribution to society. The proper exercise
59
of the rights enumerated in this document is a responsibility.
to
implementation
maintain
an
of
this
atmosphere
policy
of
requires
mutual
an
respect
2 of 39
DRAFT FOR PUBLIC COMMENT
JFA
60
By
accepting
the
right
61
educational
62
responsibility for the quality of that system.
system,
the
to
be
involved
student
takes
in
on
shaping
part
the
of
the
63
64
C.
POSITION
65
66
1.
Students have responsibility for their own learning,
67
their personal conduct, and for the manner in which they
68
exercise their rights.
69
participate in the educational community, accept the
70
consequences of their actions, and abide by the policies
71
and regulations of Montgomery County Public Schools.
Students are expected to actively
72
73
2.
The rights of the student must always be considered in
74
relation
to
the
legal
rights
and
responsibilities
75
retained by others including, other students, teachers,
76
administrators, other school staff, and parents.
77
78
3.
As a component of active participation in the school
79
community, students may form and participate in clubs,
80
teams, and student organizations in accordance with all
81
state
82
procedures.
and
local
laws,
policies,
regulations,
and
83
84
4.
Students elected to student government or occupying other
85
leadership positions must retain academic eligibility
86
during their term of office.
87
elected
88
leadership
to
student
positions
government
are
Additionally, students
or
expected
occupying
to
meet
a
other
higher
3 of 39
DRAFT FOR PUBLIC COMMENT
JFA
89
standard
of
conduct
and
comply
with
all
policies,
90
regulations, and procedures on and off campus during
91
their term of office.
92
93
5.
The rights of freedom of expression in dress, writing,
94
and other forms are balanced with the responsibility to
95
maintain an environment conducive to learning.
96
97
6.
98
The rights of freedom of religion should be respected and
accommodated in accordance with law.
99
100
7.
Students have the right to have disciplinary actions
101
solely based on their individual conduct, which occurs at
102
school, at school-related activities, or would compromise
103
the health or safety of others in the school or would
104
adversely impact the security or operation of the school
105
setting.
106
disciplinary actions are fair and appropriate.
107
students also have the responsibility to accept the
108
consequences of their actions and be active participants
109
in maintaining an environment conducive to learning.
The
superintendent
shall
ensure
that
However,
110
111
8.
Students have the right to physical autonomy unless the
112
use
of
physical
113
circumstances.
restraint
is
reasonable
under
the
114
115
116
9.
Students’ legally recognized expectations of privacy are
to be respected.
4 of 39
DRAFT FOR PUBLIC COMMENT
JFA
117
118
10.
The essential dignity of all students, teachers, and
119
staff is recognized and the responsibility to secure,
120
respect, and support an environment conducive to learning
121
is shared by all members of the broad-based school
122
community.
123
124
311. Students have due process rights which must be protected.
125
126
12.
Local school staff, in collaboration with students and
127
parents,
shall
develop,
implement,
and
enforce
128
disciplinary standards and procedures which may include
129
zero tolerance policies and procedures that limit or
130
restrict participation in extracurricular, graduation, or
131
other school-related activities or events.
132
133
13.
Students retain all the rights and responsibilities
134
articulated in all Montgomery County Public Schools
135
policies and regulations, as well as those defined by
136
law.
137
This
138
Eighteen-year-old students may assume the rights of majority
139
where
140
responsibly and encouraged to exercise their rights maturely.
141
Elementary students will be provided the opportunity to learn
142
about
143
exercise of these rights through classroom discussion and
144
counseling, as needed. Modifications of actions, are suggested
145
to accommodate elementary age students.
policy
applies
applicable.
their
to
All
rights
all
students
students
and
will
enrolled
be
responsibilities
in
expected
and
the
MCPS.
to
act
mature
5 of 39
DRAFT FOR PUBLIC COMMENT
JFA
146
This policy should not be interpreted as being all-inclusive.
147
The student has rights guaranteed by the Constitution and the
148
law
149
Constitutional rights is the concept that all persons are
150
presumed innocent until proven guilty. There are also some
151
limitations on student rights that are not elaborated here.
152
One basic limitation is that the exercise of rights by one
153
individual or group may not infringe on the rights of another
154
individual or group. Other limitations are found in state law,
155
bylaws of the State Board of Education, and policies of the
156
Montgomery County Board of Education.
that
are
not
reiterated
here.
Basic
among
these
157
158
1.
Free Public Education
159
160
All students who are 5 years old or older and under 21
161
are entitled to a free, public education, subject to
162
other provisions of state law and the bylaws, rules, and
163
regulations of the Maryland State Board of Education and
164
of the Board of Education of Montgomery County.
165
166
2.
Student Participation
167
168
a)
Planning Classroom Activities
169
170
Students have the right and shall be encouraged to
171
make
172
course offerings, course content, and instructional
173
materials
174
abridge the curricular requirements of the State of
175
Maryland and the Montgomery County Public Schools'
suggestions
used.
and
Such
recommendations
participation
concerning
shall
not
6 of 39
DRAFT FOR PUBLIC COMMENT
JFA
Program of Studies.
176
177
178
b)
Assembly Programs
179
180
(1)
Students and faculty shall work jointly on
181
selecting, planning, and conducting assembly
182
programs.
183
184
(2)
The principal is responsible for determining
185
that the choice of topics and speakers is
186
consistent with MCPS Goals of Education, and
187
the
188
attendance shall be voluntary or required.
principal
shall
determine
whether
189
190
c)
Student-planned Educational Programs
191
192
(1)
Programs Scheduled Outside the School Day
193
194
(a)
Students, in consultation with faculty
195
advisors, may hold voluntary programs of
196
interest
197
school day.
to
students
outside
of
the
198
199
(b)
Students,
in
consultation
with
200
appropriate school administrators, shall
201
have the primary responsibility for the
202
nature, content, planning, and conducting
203
of these programs.
204
205
(c)
These programs may be disapproved by the
7 of 39
DRAFT FOR PUBLIC COMMENT
JFA
206
principal only if the activity or content
207
is
208
Education policy or poses a potential
209
threat to the health and/or safety of
210
students.
in
violation
of
law
or
Board
of
211
212
(2)
Programs Scheduled During the School Day
213
214
(a)
Students, in consultation with faculty,
215
may organize seminars or short courses of
216
study
217
school day as alternatives or additions
218
to the regular school program, subject to
219
the approval of the principal.
on
selected
topics
during
the
220
221
(b)
Students
shall
222
selection
of
223
speakers.
participate
appropriate
in
the
topics
and
224
225
(c)
The principal has the responsibility for
226
assuring that there has been planning for
227
a balanced presentation on controversial
228
topics.
229
d)
Development of Policies, Programs, and Rules
230
231
Students, through their elected student government
232
or other authorized student organizations, have the
233
right and responsibility to participate in the
234
development and the revision of major MCPS and
235
local school policies, programs, and rules which
8 of 39
DRAFT FOR PUBLIC COMMENT
JFA
236
affect them. They further have the right to be
237
notified
238
establishment
239
Notification of these policies and rules shall be
240
the responsibility of the school administration.
reasonably
of
in
advance
such
of
policies
the
and
date
of
rules.
241
242
3.
Rights of Privacy
243
244
Student privacy interests shall be respected. Therefore,
245
to preserve legitimate expectations of privacy in the
246
student's personal and home life, no student shall be
247
required to reveal, as part of the instructional program,
248
matters relating to his/her personal life, those of
249
his/her family, or his/her status within the family.
250
251
4.
Attendance
252
253
The state compulsory attendance law governs all children
254
who are five years old or older and under sixteen, and
255
provides penalties for parents and others who permit or
256
encourage unexcused absences.
257
258
Except
when
ill
or
excused,
all
students
have
a
259
responsibility to attend their scheduled classes and
260
other required activities throughout the school day. At
261
all grade levels, it is the student's responsibility to
262
make up the work missed regardless of the reason for the
263
absence.
264
265
At grade levels 9 through 12, unexcused absences will
9 of 39
DRAFT FOR PUBLIC COMMENT
JFA
266
result in the consultation with school administrators
267
and/or specialists, teachers, parents, and the student,
268
and
269
failure,
270
Additionally, this failing grade will be computed into
271
the grade point average.
may
result
subsequently
recorded
as
in
such
on
loss
the
of
credit
report
and
card.
272
273
5.
Student Government
274
275
a)
Students have the responsibility and the right to
276
establish and participate in student government
277
organizations.
278
279
b)
Recommendations made to the school administration
280
by
281
receive a reply, either written or oral, within
282
five
283
extensive or complicated, the school administrator
284
and student government shall mutually establish a
285
reasonable
286
response. The response shall give specific reasons
287
in case the recommendations are not adopted or are
288
modified.
the
student
school
government
days.
time
If
for
the
either
organization
shall
recommendations
an
oral
or
are
written
289
290
c)
The powers and scope of the student government
291
shall
be
292
constitution shall be prepared by students with the
293
advice
294
constitution or any part may not be disapproved
295
when proposed nor subsequently abridged by the
of
written
the
in
school
a
constitution.
administration.
This
The
10 of 39
DRAFT FOR PUBLIC COMMENT
JFA
296
principal unless it specifically violates law or
297
Board of Education policy or may substantially
298
interfere
299
school. The reasons for such abridgement must be
300
stated in writing. The principal's decision may be
301
appealed.
with
the
effective
operation
of
the
302
303
d)
Any
student
legally
enrolled
in
a
school
and
304
academically eligible may run for and hold office
305
in student government at that school.
306
students must remain academically eligible during
307
their terms of office.
Elected
308
309
e)
Student government organizations shall receive the
310
support of school authorities with respect to use
311
of
312
boards and public address systems, and permission
313
to use appropriate rooms during class periods, and
314
the members of such organizations shall be granted
315
hall passes and lawful absences, when appropriate,
316
by the school administration, insofar as these
317
supports and special privileges can be justified as
318
necessary for the conduct of student government
319
business and are not an undue burden on school
320
resources or the instructional program.
supplies
and
equipment,
access
to
bulletin
321
322
f)
The
student
government
executive
323
advisor,
324
regarding
325
student government organization.
and
principal
progress
and
committee,
regularly
shall
confer
mutual
concerns
of
the
11 of 39
DRAFT FOR PUBLIC COMMENT
JFA
326
327
g)
Each year, in the spring, the student government
328
executive committee shall have the opportunity to
329
make recommendations to the principal regarding the
330
appointment of an advisor for the following year.
331
The final appointment decision shall rest with the
332
principal.
333
334
6.
Freedom of Inquiry and Expression
335
336
a)
Speech
337
338
(1)
Students shall have the right and opportunity
339
to examine any significant aspects of the
340
topics
341
discussions
342
viewpoints and must permit student expression
343
of individual views on the topics at hand.
presented
in
shall
their
include
courses;
a
class
variety
of
344
345
(2)
Students
have
a
responsibility
to
permit
346
differences of opinion and shall not interfere
347
with the right of individuals to hold and
348
express their own views.
349
350
(3)
Students have a responsibility to avoid the
351
use
of
vulgar
352
detracts from a positive learning and working
353
environment, and which is inconsistent with
354
the
355
mutual respect.
goal
of
and
abusive
maintaining
an
language
which
atmosphere
of
12 of 39
DRAFT FOR PUBLIC COMMENT
JFA
356
357
b)
Petitions
358
(1)
359
Students may circulate petitions for signature
360
at
all
times
361
assemblies.
except
during
classes
and
362
363
(2)
If petitions are presented by students to
364
school authorities, students shall have the
365
right to have their petitions considered and
366
to receive replies within five school days.
367
368
(3)
The
circulation
369
disapproved
or
370
administration
371
Section 6.c.(3)
of
a
halted
based
on
petition
may
by
the
the
criteria
be
school
in
372
373
374
c)
Publications - Print and Non-print
(1)
School-sponsored Publications
375
376
(a)
School-sponsored
publications
377
newspapers,
yearbooks,
and
378
magazines shall be encouraged.
such
as
literary
379
380
(b)
Students have the right to decide on the
381
content of school-sponsored publications
382
subject
to
the
383
guidelines.
The
384
provide
385
grammar,
requirements
of
these
teacher-advisor
shall
direction
format,
and
guidance
suitability
on
of
13 of 39
DRAFT FOR PUBLIC COMMENT
JFA
386
materials, and literary taste and shall
387
not allow the use of any material that is
388
derogatory to any individuals.
389
390
(c)
School
newspapers
must
provide
an
391
opportunity for members of the school
392
community
393
viewpoints.
to
express
a
variety
of
394
395
(d)
All advertisements are subject to the
396
following criteria which shall be applied
397
by
398
whether
399
advertisements
400
publications:
the
teacher-advisor
to
permit
in
determining
inclusion
in
of
such
school-sponsored
401
(i)
402
Use of advertisements containing the
403
names and pictures of persons who
404
are
405
containing company trademarks must
406
be authorized.
not
public
figures1
or
407
1
Public figures, in general terms, can be defined as those persons who by
reason of the notoriety of their achievements, or the vigor and success with
which they seek the public's action, are properly classified as public
figures. The term also encompasses those persons who hold governmental office.
In some instance, individuals may voluntarily inject themselves or be drawn
into a particular public controversy and thereby become public figures for a
limited range of issues. Some individuals may receive such pervasive fame or
notoriety that they become a public figure for all purposes and in all
contexts.
14 of 39
DRAFT FOR PUBLIC COMMENT
JFA
(ii) Advertising must be identifiable or
408
409
be labeled as an
410
and
411
name(s) of the individual(s), the
412
name of the corporation or, in the
413
case of unincorporated associations
414
or organizations, the names of the
415
officers
416
advertisement; and
must
be
"advertisement"
submitted
under
sponsoring
the
the
417
(iii)
418
When
practicable,
as
where
419
advertisements appear in a separate
420
section
421
section shall be preceded with a
422
statement
423
advertising
424
viewpoint
425
editors, the school, or the Board of
426
Education.
of
the
publication,
indicating
does
or
not
the
that
the
reflect
the
policies
of
the
427
428
429
(2)
Publications
Produced
Without
School
Sponsorship
430
431
(a)
Students may distribute in school, during
432
the school day, publications that are not
433
school-sponsored provided:
434
435
436
(i)
They bear the name of the sponsoring
organization or individual
437
15 of 39
DRAFT FOR PUBLIC COMMENT
JFA
(ii) Publications
438
that
are
sold
are
439
published by students enrolled in
440
Montgomery County Public Schools
441
442
(iii)
The time, place and manner of
443
distribution2 have been agreed upon
444
by students and administration in
445
advance of distribution
446
447
(b)
The students have a right to be informed
448
by the principal or his/her designee of
449
any
450
distribution of publications that are not
451
school-sponsored.
policy
or
procedure
regarding
452
453
(c)
Posters and Similar Materials--students
454
may display posters and similar materials
455
on designated bulletin boards and wall
456
space normally used for posting materials
457
458
(3)
All Materials of Communication and Expression
459
(a)
460
461
Materials,
submitted
2
including
for
a
advertisements
school-sponsored
Distribution means dissemination of publications to students at a time
and place of normal activity or immediately prior or subsequent thereto, by
means of handing out free copies, selling or offering copies for sale,
accepting
donations
for
copies
of
the
publication,
or
displaying
the
publication in areas of the school which are normally frequented by students.
16 of 39
DRAFT FOR PUBLIC COMMENT
JFA
462
publication,
shall
463
distribution
464
student shall be halted by the principal
465
if
of
be
rejected
or
by
any
publications
466
467
(i)
The materials, as a whole or in
468
significant part, through depiction
469
or description, encourage actions
470
that endanger the health or safety
471
of
472
limited
473
excessive use of alcohol or drugs;
474
provided,
however,
475
guideline
shall
476
publication
477
materials
478
debate or discussion
students,
including,
to,
the
or
but
not
unlawful
or
that
not
this
preclude
distribution
containing
of
responsible
479
480
(ii) The material is obscene, in that it
481
depicts or describes sexual conduct
482
and meets all three of the following
483
criteria:
484
485
(aa) An
average
person
applying
486
contemporary
community
487
standards would find that the
488
material,
taken
489
appeals
to
490
interest in sex
as
the
a
whole,
prurient
491
17 of 39
DRAFT FOR PUBLIC COMMENT
JFA
492
493
(bb) The
material
depicts
a
or
494
describes
in
patently
495
offensive
way
496
simulated sexual intercourse,
497
deviate
498
sexual
499
masturbation, sado-masochistic
500
abuse, excretory functions, or
501
lewd exhibition of the genitals
actual
sexual
or
intercourse,
bestiality,
502
(cc) The material, as a whole, lacks
503
504
serious
505
political, or scientific value
506
literary,
artistic,
The material is libelous, in
(iii)
507
that it includes any unprivileged,
508
false, and malicious material which
509
by
510
pictures
511
individual to public scorn, hatred,
512
or ridicule, done knowingly and/or
513
recklessly and/or negligently
514
false
515
official, one who holds an elected
516
or appointed public office, or a
517
public figure, one who either seeks
518
the
519
known because of his/her achievement
520
is
521
with actual malice; that is, the
printing,
writing,
tends
statement
public
to
expose
about
attention
considered
signs,
libel
or
if
a
or
an
(A
public
is
well
published
18 of 39
DRAFT FOR PUBLIC COMMENT
JFA
522
writer knew the statement was false
523
or
524
disregard for the truth. A false
525
statement about a private individual
526
is
527
published willfully or negligently
528
in that the writer knew it was false
529
or failed to exercise the care a
530
reasonably
531
exercise
532
truthfulness.)
published
it
considered
with
libel
prudent
to
reckless
if
it
person
is
would
verify
its
533
534
(iv) The
material
causes
or
to
535
reasonably
expected
536
substantial
disruption
537
activities
may
be
cause3
of
school
538
539
(b)
If
the
distribution
is
halted,
the
540
principal shall meet with the students
541
involved and issue his/her decision in
542
writing
543
stating his/her reasons. A copy shall be
544
provided
3
within
to
the
two
(2)
students
school
making
days
the
The following factors, among others, may be considered in determining
whether there is a reasonable expectation of substantial disruption to school
activities: the frequency, severity, and proximity in time of previous
disruptions; previous incidents at the school or among students related to the
same or similar subject matter; and number of reports and credibility of
reports concerning possible or planned future disruptions.
19 of 39
DRAFT FOR PUBLIC COMMENT
JFA
545
distribution and to the Office of School
546
Administration.
547
(c)
548
If
any
material
is
rejected
for
549
publication by the teacher-advisor, an
550
appeal may be taken immediately to the
551
principal
552
students involved and issue a decision in
553
writing,
554
providing a copy to the students bringing
555
the appeal and a copy to the Office of
556
School Administration.
who
within
shall
two
meet
(2)
with
school
the
days,
557
558
7.
Freedom of Assembly
559
560
a)
Students have the right to organize and assemble
561
for discussion of issues critical to them and to
562
demonstrate peacefully.
563
564
b)
The time and place of these assemblages shall be
565
cooperatively established with the principal, with
566
consideration given to the rights of all students.
567
568
c)
The principal may require that the activity be held
569
before school, during lunch time, or after the end
570
of the school day if he/she has reason to believe
571
that holding it during school hours would interfere
572
with the regular school program.
573
574
d)
Students organizing such activities are responsible
20 of 39
DRAFT FOR PUBLIC COMMENT
JFA
575
for taking all reasonable steps to see that they
576
are conducted in an orderly manner.
577
e)
578
Students who participate in assemblies held as
579
described in a) through d) above shall be excused
580
from
581
scheduled.
classes
during
the
time
the
activity
is
582
583
8.
Patriotic Exercises
584
a)
585
Students shall have the opportunity to participate
586
in and/or observe patriotic exercises in their
587
schools.
588
589
b)
No student shall be required to say a pledge, sing
an anthem, or take part in patriotic exercises.
590
591
592
c)
593
Students shall not interrupt the participation of
other students in patriotic exercises.
594
595
9.
Freedom of Religion
596
597
a)
Schools shall not conduct religious exercises nor
598
sanction
599
beliefs or practices.
or
support
any
particular
religious
600
601
b)
Students
have
the
right
to
observe
their
own
602
religious beliefs and practices in school, provided
603
the practices do not violate the rights of others
604
nor disrupt or interfere with school activities.
21 of 39
DRAFT FOR PUBLIC COMMENT
JFA
605
606
10.
Cocurricular Organizations
607
a)
608
Students
shall
609
participate
610
organizations.
have
in
the
clubs,
right
to
teams,
form
and
and
student
611
612
b)
Student organizations that conduct activities on
613
school grounds must obtain authorization from the
614
principal and must have faculty supervision, or
615
such other adult supervision as may be approved by
616
both the students and the principal.
617
618
11.
Use of School Facilities
619
620
a)
Authorized student organizations shall have access
621
to school facilities, equipment and communications
622
resources, including the use of bulletin boards,
623
the
624
duplication
625
limitations of time and expense.
school
public
address
equipment,
system,
subject
to
and
school
reasonable
626
627
b)
Non-school sponsored, student-initiated groups will
628
have a fair opportunity to conduct a meeting or
629
other
630
school-sponsored groups.
activity
permitted
to
extracurricular,
631
632
c)
Reasonable requirements for prior notice and the
633
care and maintenance of resources shall be observed
634
by all student organizations.
22 of 39
DRAFT FOR PUBLIC COMMENT
JFA
635
636
12.
Nondiscrimination
637
a)
638
Students
have
the
right
treatment
to
equal
and
in
regard
to
639
nondiscriminatory
640
participation in school-sponsored organizations,
641
the awarding of grades, and enforcement of school
642
regulations, regardless of race, gender, religion,
643
disability, ethnic origin, economic status, or for
644
any other reason except as provided by law or by
645
requirements reasonably related to the purpose of
646
the activity.
647
648
b)
School-sponsored
student
organizations
have
the
649
right to equal and nondiscriminatory treatment in
650
decisions
651
regulations.
regarding
enforcement
of
school
652
653
13.
Dress and Grooming
654
655
Student dress and grooming are the primary responsibility
656
of students and their parents, except in situations where
657
the standard of dress and grooming is a reasonable
658
requirement of a course or activity, is necessary for
659
reasons
660
proceedings.
661
address
662
grooming.
of
health
and
safety,
or
disrupts
school
The local school discipline policy shall
school
community
standards
for
dress
and
663
664
14.
Student Records
23 of 39
DRAFT FOR PUBLIC COMMENT
JFA
665
666
a)
Students and their parents, together or separately,
667
have
the
right
668
school
669
school personnel, who shall explain and interpret
670
their contents if requested.
records
to
review
in
students'
conference
with
cumulative
appropriate
671
672
b)
Students who have reached the age of 18, or younger
673
students who have the written permission of their
674
parents or are accompanied by their parents, may
675
examine
676
records, provided the appropriate school or health
677
department
678
interpret these records if requested.
their
confidential
official
is
records
present
to
and
health
explain
and
679
680
c)
Students
and
for
their
parents
material
to
682
educational records and to present evidence or
683
argument that such material should be changed or
684
removed. The appropriate school official may decide
685
through
686
challenged material is to be changed or removed.
687
That decision is subject to a formal hearing.
conference
in
right
challenge
informal
any
the
681
an
cause
have
students'
whether
the
688
689
d)
Students who have reached the age of 18, or younger
690
students who have the concurrence of their parents,
691
must give written permission to the school before
692
that
693
employers, colleges, and other persons outside the
694
school system.
school
may
provide
student
records
to
24 of 39
DRAFT FOR PUBLIC COMMENT
JFA
695
696
e)
Access
to
information
contained
in
students'
697
records shall be limited to those who have the
698
consent
699
officials specifically permitted in the law (such
700
as MCPS officials), to officials of other schools
701
in which students seek to enroll, to local, state,
702
and federal officials under certain conditions and
703
for specific purposes, and by court order.
of
parents
or
eligible
students,
to
704
f)
705
In all cases, access to student records by school
706
personnel shall be based on a legitimate need to
707
know
708
education.
for
purposes
relating
to
the
student's
709
710
15.
Search and Seizure
711
712
a)
A
principal,
assistant
principal,
or
security
713
assistant may make a reasonable search of a student
714
on the school premises or on a school-sponsored
715
activity if he/she has a reasonable belief that the
716
student has in his/her possession an item, the
717
possession of which is a criminal offense under the
718
laws of this state or a violation of any other
719
state law or a rule or regulation of the county
720
board of education. The search must be made in the
721
presence of a third party who is of majority age.
722
723
724
b)
A
principal,
assistant
principal,
or
security
assistant of a public school may make a search of
25 of 39
DRAFT FOR PUBLIC COMMENT
JFA
725
the
physical
726
appurtenances including the lockers of students.
727
The
728
lockers must be previously announced or published
729
within the school.
right
of
plant
these
of
the
school
school
officials
and
to
its
search
730
731
c)
Items/property that are deemed to cause significant
732
disruption to the school environment or are illegal
733
shall
734
confiscated property belonging to a student must be
735
returned to the student or his/her parents within a
736
reasonable time, except as required by law or by
737
consideration of safety for students and staff.
be
confiscated
by
school
personnel.
Any
738
739
d)
At the time a student is searched the student shall
740
be informed of his/her right to appeal the legality
741
of the search.
742
743
16.
Discipline
744
745
a)
The cooperation of many people is necessary to
746
establish
and
maintain
747
environment in each school. Each member of the
748
school
749
responsibilities in order to assure that the rights
750
of all are protected. All students and staff have a
751
right to learn and work in schools and classrooms
752
that are characterized by mutual respect and that
753
are
754
responsibilities and rights are not all inclusive
community
free
from
a
positive
must
disruptions.
assume
The
learning
certain
following
26 of 39
DRAFT FOR PUBLIC COMMENT
JFA
755
but
rather
756
discipline:
relate
specifically
to
school
757
758
(1)
The student has the right to a public school
759
education
in
an
760
learning.
He/she
761
following:
environment
is
conducive
expected
to
do
to
the
762
763
(a)
Attend
school
and
classes
every
day,
764
arrive on time, and fulfill, to the best
765
of his/her ability, the course objectives
766
767
(b)
Understand and observe the rules of the
school
768
769
770
(c)
Recognize that there are channels through
771
which rules or conditions can be studied
772
or questioned and realize that he/she
773
must use those channels
774
775
(d)
Participate in the development of school
776
rules in keeping with his/her maturity
777
level
778
779
(2)
The parent has the right to expect that the
780
school will address the learning needs of
781
his/her child in an equitable way, respecting
782
the individual differences of children. The
783
parent has the right to be informed of his/her
784
child's progress and of areas where closer
27 of 39
DRAFT FOR PUBLIC COMMENT
JFA
785
home-school cooperation is needed. The parent
786
is expected to do the following:
787
(a)
788
789
Send his/her child to school every day,
on time, and prepared to work
790
(b)
791
Respond to communications from the school
pertaining to his/her child
792
793
(c)
794
Cooperate with school staff in solving
behavioral problems
795
(d)
796
797
Develop in his/her children respect for
the rights and property of other people
798
799
(e)
Understand
and
support
the
fair,
800
consistent administering of school rules
801
and policies
802
803
(f)
804
Become more involved in the school life
of their children
805
806
(3)
Staff have the right to work in a safe and
807
respectful
808
satisfaction in his/her work with the support
809
and
810
maintaining
811
Staff are expected to do the following:
guidance
atmosphere
of
high
the
that
fosters
administration
professional
in
standards.
812
813
814
(a)
Work with students so they understand the
objectives of the course and what they
28 of 39
DRAFT FOR PUBLIC COMMENT
JFA
are expected to learn
815
816
817
(b)
Help
the
student
realize
that
as
an
818
individual he/she is important and that,
819
as a group member, he/she should act in a
820
responsible way
821
822
(c)
Encourage
and
help
the
student
to
823
understand and support the rules of the
824
school and to participate in formulating
825
rules relating to him/her and his/her
826
role in the school
827
828
(d)
829
Know and enforce consistently and fairly
the rules and policies of the school
830
(e)
831
Use
a
continuum
of
behavioral
and
832
educational interventions appropriate for
833
age, background, and level of maturity in
834
fostering
835
dealing with inappropriate behavior in
836
students
appropriate
behavior
and
837
838
(f)
Confer
with
parents
and
other
school
839
personnel in an effort to help students
840
who present behavioral problems
841
842
(4)
The principal has the right to expect the
843
cooperation of staff, students, and parents as
844
he/she seeks to facilitate the fulfillment of
29 of 39
DRAFT FOR PUBLIC COMMENT
JFA
845
the
school's
function
as
an
educational
846
institution. The principal or his/her designee
847
is expected to do the following:
848
(a)
Make known and interpret to students,
849
parents, and staff the systemwide and
850
local school discipline policies
851
852
(b)
Communicate with appropriate staff about
853
administrative disciplinary actions and
854
interventions
855
856
(c)
Implement specific plans for effective
857
student, parent, and staff participation
858
in the formulation and review of the
859
local school discipline policy consistent
860
with MCPS policy
861
862
(d)
Support
all
building
personnel
in
863
maintaining
appropriate
and
864
discipline
using
continuum
865
behavioral and educational interventions
a
effective
of
866
867
(e)
Be available for conferences with staff,
868
students,
869
discipline matters
parents,
and
others
on
870
871
(f)
Provide staff knowledge of and assistance
872
with serious problem situations that may
873
impact behavior management
874
30 of 39
DRAFT FOR PUBLIC COMMENT
JFA
(g)
875
Identify the line of authority in the
876
building
877
disciplinary matters may be handled as
878
expeditiously as possible
in
his/her
absence
so
that
879
880
(5)
If students, parents, teachers, and principals
881
are
to
enjoy
the
882
responsibilities enumerated above, the Board
883
of Education and the administration have a
884
responsibility
885
possible the intent of this policy to ensure
886
its fair and consistent implementation. In
887
this regard, the superintendent is expected to
888
do the following:
to
rights
support
and
in
meet
every
the
way
889
890
(a)
Assist
the
schools
in
applying
this
891
policy and help in developing the local
892
disciplinary codes that complement and
893
adhere to the countywide statement
894
895
(b)
Develop
all
and
necessary
procedures
countywide
896
regulations
that
are
897
necessary to and consistent with this
898
policy
899
900
(c)
Hold
the
local
school
parents,
administrators,
901
teachers,
and
students
902
responsible for actions taken under this
903
policy
904
31 of 39
DRAFT FOR PUBLIC COMMENT
JFA
(d)
905
Hold school administrators and teachers
906
accountable for implementation of this
907
policy
908
909
(6)
910
The Board and the superintendent expect to do
the following:
911
912
(a)
Prepare and receive evaluations regarding
913
the effectiveness of this policy and the
914
local
915
application of both
disciplinary
codes
and
the
916
917
(b)
Review and amend the policy as needed
918
919
b)
In general, student conduct that disrupts class
920
work, involves disorder, or invades the rights of
921
others will not be tolerated and may be cause for
922
suspension or other disciplinary action.
923
924
c)
Suspension and Expulsion
925
926
(1)
A principal has the right to suspend a student
under the laws of Maryland for cause.
927
928
929
(2)
Each student has a right to an education; any
930
action that deprives him/her of this right
931
shall occur for just cause and in accordance
932
with due process of law.
933
934
(3)
Regulation
JGA-RB
describes
the
procedures
32 of 39
DRAFT FOR PUBLIC COMMENT
JFA
935
necessary
when
considering
936
expelling a student.
suspending
or
937
938
d)
Other Disciplinary Standards
939
940
(1)
Disciplinary
941
appropriate
942
students.
action
shall
be
fair
and
and
not
designed
to
embarrass
detention
for
actions
of
known
943
944
(2)
Group
or
945
unknown persons and academic tasks imposed for
946
the sole purpose of punishment are forbidden.
947
948
(3)
Physical punishment is not permitted. Physical
949
force is permitted to restrain a disruptive
950
student only when the force is reasonable
951
under the circumstances.
952
953
(4)
Nonschool-sponsored activities of students and
954
activities unrelated to school, carried on
955
outside school hours and away from school
956
grounds, are not the responsibility of school
957
authorities; and no student shall be penalized
958
by the school for any participation in these
959
activities unless there is a reasonable belief
960
by the principal that the health or safety of
961
others
962
setting.
will
be
compromised
in
the
school
963
964
e)
Reduction of grades shall not be used as a punitive
33 of 39
DRAFT FOR PUBLIC COMMENT
JFA
or disciplinary measure.
965
966
967
f)
School administration and faculty, parents, and
968
students
must
be
involved
in
the
planning
and
969
implementation of appropriate discipline procedures
970
for each school.
971
972
17.
Due Process
973
974
a)
All systemwide and local school regulations that
975
restrict a student's liberties and rights must have
976
a valid goal and must be reasonably expected to
977
achieve this goal.
978
979
b)
Reasonable
notice
will
regarding
981
regulations, and rules affecting students. The MCPS
982
Policies and Regulations Handbook and the Student's
983
Guide
984
located in the media center of each school and
985
available to students. Each school shall publish
986
its disciplinary statement, developed cooperatively
987
by parents, students, and staff, and make copies
988
available to all students. Students shall not be
989
disciplined for violating any rules that are not
990
covered by MCPS Policies and Regulations Handbook,
991
the disciplinary statement issued by the school,
992
criminal statutes or other previously published
993
rules.
and
published
the
availability
Rights
all
given
980
to
of
be
Responsibilities
policies,
shall
be
994
34 of 39
DRAFT FOR PUBLIC COMMENT
JFA
995
c)
Students have the right and responsibility to seek
996
redress
997
procedures.
of
grievances
through
established
MCPS
998
999
d)
Appeals related to suspensions of more than 10 days
1000
and expulsions are governed by Maryland State Board
1001
of Education Bylaws.
1002
1003
e)
Students who pursue grievances may seek and shall
1004
be entitled to an advocate who may represent and
1005
assist the students during conferences related to
1006
the grievances.
1007
1008
f)
Procedures for Complaints and Appeals
1009
1010
(1)
Students have the right to appeal actions of
1011
school administrators and student governments
1012
restricting student freedom and have the right
1013
to appeal actions of school-affiliated student
1014
organizations denying a student membership.
1015
1016
(2)
Each school shall establish procedures for the
1017
consideration
of
student
1018
processing of student complaints and appeals.
1019
These procedures shall be developed through
1020
the cooperative efforts of students, faculty,
1021
and
1022
defined
1023
resolution
1024
shall be published and distributed for student
administration
time
of
and
frames
problems
shall
to
complaints.
and
provide
insure
These
the
for
speedy
procedures
35 of 39
DRAFT FOR PUBLIC COMMENT
JFA
use.
1025
1026
1027
(3)
The
student
has
the
right
impartial,
1028
expeditious
1029
explanation of procedures for further appeal,
1030
and
1031
witnesses.
the
hearing,
to
student
has
preceded
the
right
by
to
clear
present
1032
1033
(4)
Any decision of the principal may be appealed
1034
to
the
superintendent/designee
1035
(This
1036
Regulation JFA-RA and in The Student's Guide
1037
to Rights and Responsibilities)
appeal
procedure
is
of
schools.
provided
in
1038
1039
(5)
Nothing
in
either
the
local
school
or
procedures
shall
be
1040
countywide
1041
construed as limiting the right of any student
1042
having
1043
informally with appropriate school personnel.
a
appeals
complaint
to
discuss
the
matter
1044
1045
(6)
No reprisals of any kind shall be taken by
1046
anyone against any student as a result of a
1047
complaint or appeal.
1048
1049
(7)
Local
discipline,
grievance,
and
appeal
1050
procedures shall be reviewed annually by local
1051
school
1052
representatives. The MCPS appeals procedure
1053
shall be reviewed annually.
authorities
and
student
1054
36 of 39
DRAFT FOR PUBLIC COMMENT
JFA
1055
D.
DESIRED OUTCOMES
1056
1057
Montgomery County Public Schools will provide an educational
1058
environment
1059
responsibility, citizenship, respect for individual dignity,
1060
and respect for legally constituted authority.
which
promotes
intellectual
development,
1061
1.
1062
One of the outcomes of this policy is an appreciation of
1063
the democratic way of life that must include, but not be
1064
limited to, the study of our national heritage and, to
1065
the fullest extent possible, opportunities for students
1066
to
1067
responsibilities as citizens.
exercise
their
rights
and
assume
their
1068
1069
2.
A second outcome is a stimulating learning climate for
1070
all students that includes the active involvement of
1071
students in their education, including the planning and
1072
evaluation thereof, and the fostering of a spirit of
1073
inquiry where students may freely express their own views
1074
and listen to and evaluate the opinions of others.
1075
1076
E.
IMPLEMENTATION GUIDELINES
1077
1078
1.
The Student's Guide to Rights and Responsibilities shall
1079
be made available to all elementary school students and
1080
shall be distributed to all students entering secondary
1081
schools. Copies of the document should be made available
1082
to parents.
1083
1084
2.
The superintendent will develop regulations with student,
37 of 39
DRAFT FOR PUBLIC COMMENT
JFA
1085
staff
and
parental
1086
implementation
1087
concerning eligibility for extracurricular activities.
of
input
this
to
guide
policy,
staff
in
including
the
issues
1088
1089
F.
REVIEW AND REPORTING
1090
1091
This policy will be reviewed in accordance with the Board of
1092
Education policy review process.
1093
1094
This policy shall be reviewed once every three years as
1095
follows:
1096
1097
1.
A
committee
composed
of
equal
representation
from
1098
faculty, parents, administrators, and students shall make
1099
recommendations based on, among other information, the
1100
evaluations as provided in Section 16 a)(6) of this
1101
policy.
1102
1103
2.
The committee's report shall be distributed to, but not
1104
limited
1105
associations, the superintendent of schools, and the
1106
Board of Education.
to,
the
countywide
student
government
1107
1108
3.
The Board of Education will, following receipt of the
1109
committee's
report
and
the
superintendent's
1110
recommendations, review the policy's effectiveness and
1111
make such modifications as may be warranted.
1112
1113
1114
Policy History:
Adopted by Resolution No.19-97, January 14, 1997.
38 of 39
DRAFT FOR PUBLIC COMMENT
JFA
1115
1116
Note previous policy history: This policy was previously included
1117
in the Students Rights and Responsibilities Handbook published in
1118
Section M.
39 of 39