Student Rights & Responsibilities

Preface

Students in the public schools of New York State have the right to a free appropriate education when they are between the ages of 5 and 21 years or until they receive a high school diploma, whichever comes first. All students who reside within New York State and are between the ages of 6, and the school year through which they become 16, are required by law to attend regularly either public or non-public school that are approved for equivalency of instruction by the appropriate school authorities or in the home in accordance with the Regulations of the Commissioner. (Under certain circumstances, a student may act in such a manner as to warrant limitation or denial of his/her right of access to school in our District.) Thus, bona fide students of the Warwick Valley Central School District have the right to attend our schools and pursue their education and training in their effort to become productive, contributing members of society. This right to a free public school education extends to all students, including those with disabilities.

These and other rights, privileges and benefits are offered to students in the Warwick Valley Central School District and are not unrestricted; they come with a price tag. Every individual freedom or right carries with it the burden of responsibility. The Warwick Valley Board of Education policy concerning the conduct of students recognizes that:

It is the responsibility of students to conduct themselves in keeping with the level of their maturity, acting with due regard for the supervisory authority vested by the Board in all District employees. Students must also act with due regard for specific school rules and regulations, for the educational purpose underlying all school activities, for appropriate use of school property, and for the rights and welfare of pupils and staff.

The District's aim is to provide an environment in which a student's rights and freedoms are respected, and to provide opportunities which stimulate and challenge the student's interests and abilities to his/her highest potential. These opportunities will be available as long as the student pursues these interests and studies in an appropriate manner, and does not infringe upon the rights of others.

The Board of Education assures District students that they shall have all the rights afforded them by federal and state constitutions, statutes and regulations. The District recognizes all federal, state and local laws in connection with these rights.

Students' Rights

Students shall have the right:

1) to due process;

2) to free inquiry and reasonable expression. (See below for a more detailed discussion concerning school newspapers, non-school publications and materials, and symbolic expression);

3) to freedom of association;

4) to freedom of peaceful assembly and petition;

5) to participate in school activities and be heard in the decision-making process;

6) to have freedom from discrimination;

7) to equal educational opportunity;

8) to protection from illegal, irresponsible invasion of personal privacy;

9) to receive fair treatment (nondiscrimination) as provided for in Federal Civil Rights legislation in areas such as race, sex, creed, color and national origin; and

10) to present, in a constructive manner, grievances and complaints to school officials without fear of reprisals or prejudice.

Students' Responsibilities

1) to consider academic success as a top priority after ensuring that their individual needs are met;

2) to approach their schoolwork in a serious, conscientious manner;

3) to attend school on a regular and punctual basis;

4) to consider active participation in co-curricular activities which are a vital part of school life

5) not to prevent any other person from enjoying his/her right to a safe, orderly, healthful, clean school environment which is crucial to learning;

6) not to infringe in any way on any other person's right to engage in appropriate educational pursuits;

7) not to engage in any behavior or act which prevents, disturbs, or disrupts our teachers from pursuing their main task of instruction;

8) not to be involved in any behavior which might (in any way) lead to disruption of the educational process;

9) not to use vulgar or obscene words and gestures when involved in any school-related activity while on or off school grounds (even when pursuing other constitutionally protected rights such as free speech, press and assembly);

10) not to make slanderous or libelous statements about other persons;

11) to control one's anger and aggression and not to be disrespectful or insubordinate;

12) to obey all valid school rules and regulations;

13) to dress in a manner which will neither distract others from instruction or the educational process nor jeopardize the safety of the wearer or others; and

14) not to engage in smoking while on school property or at school sponsored off-campus activities.

SCHOOL NEWSPAPERS, DISTRIBUTION OF NON-SCHOOL PUBLICATIONS AND MATERIALS AND SYMBOLIC EXPRESSION

Overview

The free and vigorous exchange of ideas is crucial to the democratic and the educational processes and shall be encouraged in the schools.

1. SCHOOL NEWSPAPER
Each building's official school newspaper affords students an opportunity to participate in the activity of learning how to report the news events of the school as well as for the sincere expression of all facets of student opinion. The following guidelines shall apply to materials published in our school newspapers:

a. All materials shall be subject to prior review by the official advisor of each school newspaper and by the Principal of the building where the newspaper is published. Their decisions regarding publication shall be made within three school days.

b. Either the advisor to the school newspaper or the Building Principal, as well as the Superintendent of Schools or Board of Education, may prohibit the publication of school newspaper materials, advertisements or articles to the extent that they:*

1. clearly endanger the health, safety or welfare of students;
2. imminently threaten to disrupt the educational process of the school;
3. constitute libelous, obscene, vulgar, indecent, lewd writing; or
4. threaten any person or group in the school or advocate discrimination on the basis of gender, veteran status, age, race, color, religion, creed, national origin, marital status, sexual orientation or disability;
5. substantially interfere with or impinge upon the rights of other students;
6. might reasonably be perceived to advocate illegal or controlled substance use, sexual conduct that would endanger the physical and/or mental well- being of individuals or conduct otherwise inconsistent with the shared values of the community;
7. associate the school with any position other than neutrality on matters of political controversy.

c. Newspaper ads will be limited to products and services, must conform to Paragraph 1, Subsection b (1-7) above, and must identify the purchaser of the ad and advertiser ifthey are not one in the same.

d. Appeals Procedure: In the event that the newspaper advisor or another school official renders a decision that certain material shall not be printed in the school newspaper, the student shall be entitled to a review of that decision by the Superintendent of Schools, whose decision shall be final in this matter and shall be rendered within three school days of the request for review of the initial decision to prohibit such publication.

_{*Hazelwood School District vs. Kuhlmeier (1988)}

2. NON-SCHOOL PUBLICATIONS AND MATERIALS

Publications or materials other than the official school newspaper(s) may be distributed by students at locations beyond the limits of the school grounds and on occasions other than at school-sponsored activities without the authorization of school officials.
Distribution of printed materials other than the school newspaper such as handouts, flyers, petitions, leaflets, or other literature on school grounds requires approval by the building administration. Approval will only be denied on the basis of Paragraph 1, Subsection b (1-7).

Two copies of the material to be distributed must accompany the request at least three school days prior to the time of distribution.

The application for approval of distribution must be made to the Building Principal who, if approval is granted, shall establish the time and place of distribution to assure that the process will not be disruptive of education in the building.

If the request is denied by the Principal, it shall be so stated in writing with the reasons for the denials. An appeal to the Superintendent of Schools shall be based on the Principal's denial whereupon the Superintendent shall rule upon the suitability of the material within three school days of his/her receipt of the appeal.

Commercial materials may not be distributed within the school by students or others.

3. SYMBOLIC EXPRESSIONS

Students, in light of constitutionally protected free speech rights, may wear political buttons, arm bands or badges of symbolic expression so long as the same conform to the limits set forth herein under "school newspaper" and "dress code."