Policy 9020 Implementation Procedures - Students’ Rights and Responsibilities

Administrators/designees will provide annual written notice of the general provisions of this policy. This notice will be provided to students, parents, employees, and service providers in their school/offices at the beginning of each school year, to new hires under their supervision throughout the year, and to new students and their parents upon registration. This notice can be provided electronically.

Administrators/designees will provide additional notification by:

The school administrators will maintain a school culture, in which all students are welcomed to exercise their rights.

The administrator/designee will ensure students know the school process for exercising their rights outlined in Section I.B. of these implementation procedures.

If a student wishes to discuss their rights, the principal will make staff available in a practical, private, and age-appropriate way of doing so.

Although students may exercise their rights in the school setting, they may be subject to restrictions based on the unique circumstances of the school environment. Parents and students may make requests to exercise rights by writing to their school administrator. The administrator will maintain a running record of all student rights requests. The administrator will respond within three (3) school days after the recorded receipt date. A student may exercise grievance over school administration decisions using the processes described in Section III. of these implementation procedures.

The Formal Concern Form (https://www.hcpss.org/formal-concern/) outlines a standard process through which student and parent concerns may be addressed.

Procedures for the appeal of suspensions and expulsions are defined in the Implementation Procedures of Policy 9200 Student Discipline.

The Office of the Ombudsman is an advocate for meaningful and fair administration of existing problem resolution mechanisms and assists individuals in accessing appropriate processes. (Policy 2030 Ombudsman)

A student may be suspended or expelled for behavior that is disruptive and detrimental to the operation of the school. However, detailed procedures are to be followed in the event of a suspension or expulsion to ensure that the student’s due process rights are protected. (Policy 9200 Student Discipline)

A suspension is viewed in Maryland as a "lawful absence" for which students have the right to make up school work/performance missed during the absence and receive credit. (Policy 9010 Attendance)

The use of corporal punishment is prohibited in the disciplining of any student. (Maryland Annotated Code, Education Article, §7-306. Policy 9200 Student Discipline)

The use of mechanical restraint and seclusion is prohibited. (Policy 9400 Student Behavior Intervention)

Students are entitled to due process rights in all disciplinary matters as well as in the process for determining educational placement.

Prior to conducting a search of a student or a student’s possessions, the principal or principal’s designee will attempt to contact the student’s parent prior to the start of the search by the Authorized Searcher. The purpose of the contact is to inform the parent of the administrative search, and not a request for consent to search.

The Authorized Searcher will begin a search by informing the student that he/she has reasonable belief that the student is in possession of (the Authorized Searcher will then state the object of the search to the student) and explain the anticipated scope of the search.

A search of a student and/or a student’s possessions will be made in the presence of a third party, who is an HCPSS employee, parent, or SRO. If the Authorized Searcher is in fear of imminent bodily injury to self or others, a search may be made before the additional HCPSS employee, parent, or SRO arrives.

Whenever reasonably possible, a student self-search should be the default search option. A student may be required to empty the student’s pockets, purse, wallet, backpack, etc. The Authorized Searcher is permitted to conduct a search subsequent to any student self-search.

Students will be asked to identify which available Authorized Searcher they would prefer when a pat down needs to be conducted unless there is a need for an immediate search that would be jeopardized by a delay. The pat down of a student must avoid breasts, buttocks, and the pelvic/groin area.

Strip searches by Authorized Searchers are prohibited.