STUDENT RIGHTS

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.