skip to main content

HCPSS / POLICIES

Policy 9020 Implementation Procedures - Students’ Rights and Responsibilities

Implementation Procedures

I. Announcement/Dissemination of Information

  1. 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.

  2. Administrators/designees will provide additional notification by:

    1. Providing an overview of the policy within the first 10 school days of the school year and as new hires and students join the school community.

    2. Publishing a link to the policy in school newsletters; on the school website; and in student/employee handbooks.

    3. Providing this policy in hard copy to any student, employee, parent, or service provider upon request.

II. Procedures for Students to Exercise Their Rights

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

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

  3. 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.

  4. 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.

III. Grievances and Appeals

The school system provides school-level informal and formal mechanisms and processes to address school-related concerns.

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

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

  3. 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)

IV. Disciplinary Action

Student’s inability to adhere to their responsibilities outlined in the policy may result in disciplinary action.Local boards of education are required to adopt a set of regulations designed to maintain an environment of order and discipline necessary for effective learning; these regulations should provide for counseling and standards for appropriate disciplinary measures and may permit suspension or expulsion. (COMAR 13A.08.01.11)

  1. 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)

  2. 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)

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

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

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

V. Arrests and Questioning of Students

Specific legal guidelines govern the conditions under which students may be questioned and/or arrested on school property, and the rights to which they are entitled during those processes.

VI. Search of a Student

Specific guidelines governing the conditions under which students or their possessions may be searched, along with the procedures that must be followed to document these actions are outlined in Policy 9260 Student Search and Seizure.

An Authorized Searcher may make a reasonable search of a student or the student’s possessions if the Authorized Searcher has reasonable belief the student possesses an item, the possession of which is a criminal offense or a violation of any state law, HCPSS policy, or the HCPSS Student Code of Conduct.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. Strip searches by Authorized Searchers are prohibited.

VII. Items That May Be the Object ofSeizure

The purpose of seizing student property must be for an item, the possession or use of which is suspected to be a violation of any law, HCPSS policy or the HCPSS Student Code of Conduct. Such items include but are not limited to weapons, including look-alike and non-deadly weapons, controlled dangerous substances, medications or over-the-counter medications, drug paraphernalia, alcoholic beverages, explosive devices, fireworks, stolen items, tobacco products and personal technology devices that are used in violation of HCPSS policy or the HCPSS Student Code of Conduct.

All items that are the object of a search and unlawful items found during the search will be seized and will be secured by an administrator. Items may be retained by the Authorized Searcher, turned over to law enforcement, or where appropriate, returned to the parents of the student.

VIII. Refusal to Allow Search and Seizure

A student’s refusal to cooperate with an Authorized Searcher at any time during a search of the student or of possessions deemed to be detrimental to the security, discipline, or sound administration of the school is in violation of the Student Code of Conduct and may result in disciplinary action.

IX. Definitions

Within the context of these implementation procedures, the following definition applies:

Reasonable Belief – The standard used for authorized school personnel to conduct asearch of a student. Searches must be based on a belief that the student possesses an item,the possession of which is a criminal offense under the laws of Maryland or a violation of any other law or HCPSS policy or the HCPSS Student Code of Conduct.

X. Monitoring

Policy 9020 implementation procedures will be overseen by the Division of School Management and Instructional Leadership.

XI. History

ADOPTED: May 11, 1995

REVIEWED: December 19, 2019

MODIFIED: January 10, 2008

REVISED:

  • June 8, 2006

  • December 13, 2007

  • February 20, 2014

  • May 12, 2022

EFFECTIVE: July 1, 2022

Policy History Key

  • Adopted-Original date the Board took action to approve a policy
  • Reviewed-The date the status of a policy was assessed by the Superintendent’s Standing Policy Group
  • Modified-The date the Board took action to alter a policy that based on the recommendation of the Superintendent/designee did not require a comprehensive examination
  • Revised-The date the Board took action on a that policy based on the recommendation of the Superintendent/designee needed a comprehensive examination
  • Effective-The date a policy is implemented throughout the HCPSS, typically July 1 following Board action.