The following Statement is intended to be consistent with the Statement
of Rights and Responsibilities adopted in November of 2000 by the State
Board of
Education. In the event that any part of it is not consistent
with that Statement, the State School Boardís Statement prevails.
STUDENTS HAVE A RIGHT TO:
Educational Opportunity
Ø A free public school
education shall be available to every school-aged person, and each student
who enrolls has a corresponding responsibility not to deny
this right to any other student.
Ø Albuquerque Public
Schools affords all students equal educational opportunities as well as
equal opportunities to participate in extracurricular activities.
Ø Policy prohibits
discrimination and harassment on the basis of ethnic identity, religion,
race, color, national origin, sex, sexual orientation, mental or physical
disability, marital status and pregnancy in any program or activity of
or sponsored by the school district.
Student Government
Ø In each secondary
school there will be established an elected student government with membership
open to all students.
Ø The student government
will establish reasonable standards for candidates for office.
Ø All students shall
be allowed to vote in elections designed to promote careful consideration
of the candidates and issues.
Ø Elementary school
personnel are encouraged to introduce students to principles of student
government through school and class activities.
The responsibilities of the student government shall be
subject to the regulations of the School Board and shall include but not
be limited to the following:
Ø Involvement in the process of developing
policies for revisions and additions to the curriculum, school rules and
regulations.
Ø Involvement in the formulation of
guidelines for co-curricular activities.
Ø Involvement in allocation of student
funds, subject to established audit controls and to the approval of the
principal.
Ø Representatives selected by the
student government shall meet regularly with the principal or his/her designee
to exchange views and to share in
the formulation of school student policies, and to consider revision to
the school's curriculum.
Expression and Association
Ø Students are protected
in the exercise of the constitutional rights of free speech, press and
assembly.
Ø The exercise of
such rights, however, must be conducted in a manner that does not disrupt
the educational process.
Publications
Ø Students shall
be allowed to distribute political leaflets, newspapers and other literature
on school premises, at specified times and places.
Ø Student publications
are subject to prior restraint and censorship.
(See Procedural Directive for detail)
Organizations and Clubs
Ø Students may form
clubs or organizations for any legal purpose.
Ø These organizations
must be open to all students on an equal basis and must operate within
procedural guidelines established by the student government,
acting in concert with the principal.
(See Procedural Directive for detail)
Student Dress
Ø Student dress and
grooming is to reflect high standards of personal conduct so that each
student's attire promotes a positive, safe and healthy atmosphere
within the school.
Ø Students are expected
to adhere to any uniform dress policy which has been adopted at their school.
Privacy
Ø
Questioning a Student - If police authorities or security personnel of
the school system desire to question a student on school premises regarding
any
alleged act of misconduct by the student, the school authorities shall
attempt to contact the parent and shall advise the students of his/her
rights.
Ø
The parent/guardian shall be permitted to be present for questioning.
School Lockers
Ø Lockers or other
student storage facilities may be searched without student consent.
Ø Facilities assigned
to students will not be opened by school authorities except for general
housekeeping purposes and in instances when, in the judgment of
the school administrator, the health, safety or general welfare of the
student or school requires such action.
Ø Neither school
nor the district can assume any responsibility for items stored in these
facilities.
Search of Person or Vehicle
Ø Vehicle Searches
ñ Search of a student's vehicle while parked on school property may be
conducted only if a certified school employee, school security
officer, campus security aide or school bus driver has reasonable suspicion
that a crime or breach of the disciplinary code is being committed by the
student.
Ø Physical Searches
ñ Search of a student's person or property may be conducted only where
there is individualized reasonable suspicion that the student
being searched has committed a crime or a breach of the disciplinary code.
Ø Minimally Intrusive Searches
ñ Searches such as emptying of pockets, searches of student backpacks and
purses, removal of hats, socks and shoes
may be conducted by any certified school employee, school security officer,
campus security aide, or school bus driver.
Ø More Intrusive Searches
ñ Searches such as pat downs and frisks may only be conducted by an authorized
person of the same sex as the student
being searched.
Ø Most Intrusive
Searches - A strip search shall be conducted only upon individualized reasonable
suspicion of a safety concern and shall be conducted by a
school administrator of the same sex and in the presence of another authorized
person of the same sex. A strip search shall be conducted in a manner
that will cause the least amount of embarrassment to the student. Strip
searches should only be conducted in life-threatening situations, or in
situations that
pose a danger to the school population. A situation that could warrant
a strip search is individualized reasonable suspicion of possession
of a firearm or a
weapon. Administrators who conduct a student strip search will report the
incident to their Cluster Leader Principal.
Controversial Issues
Ø Students shall
have the right to encounter diverse points of view.
Ø Students shall
have opportunities to hear speakers and view presentations representing
a wide range of views in classes, clubs and assemblies under
guidelines established by the school district.
Dress Code
Ø Schools may customize
their individual dress codes to address the needs and standards of their
communities and neighborhoods through use of a process
which ensures input from students, parents, faculty and staff of the school,
and other interested community members.
Ø Students and their
parents/guardians have the responsibility to be aware of the school specific
dress codes and to conform to those requirements.
Ø The responsibility
to interpret and enforce the dress code policy rests with each principal
for that school.