Section 4 – Student Rights and Responsibilities

STUDENT RIGHTS 

A major goal of school systems in the United States is to prepare students for active, responsible participation in a democratic society. To develop an understanding and appreciation of our representative form of government, students need to participate in decision making, exercise their rights and responsibilities as individuals, and educate themselves in the democratic process. 

Students pursuing their rights must accept the associated responsibility of respecting the rights of others and of respecting legally constituted authority. 

Assemble 

Students have the right to assemble peacefully during non-instructional time provided that the gathering does not impede or disrupt the operation of the schools or the rights of others. Conducting and/or participating in demonstrations that interfere with the operations of the school or classroom or the basic rights of others is inappropriate and prohibited. 

All students meeting in school buildings or on school grounds may do so only as a part of the formal educational process or as cooperatively established and approved by the principal of the school. 

Strikes or boycotts of classes are not allowed. 

Due Process 

Prior to the removal of any protected property or liberty interest, such as a suspension from school, students have the right to due process as follows: 

A basic element of due process is that one who is not satisfied with the decision may appeal it to a higher authority. Thus, a student may appeal a decision of a school staff member to the principal or the principal’s decision to the designated director. The director’s decision may be appealed to the Deputy Superintendent. The decision of the Deputy Superintendent may be appealed to the Superintendent of Schools, and the decision of the Superintendent of Schools/designee may be appealed to the Board of Education of St. Mary’s County. Any decision of the Board of Education of St. Mary’s County may be appealed to the Maryland State Board of Education. 

Personal Safety 

Students should be able to enjoy a school environment free from all forms of discrimination, including bullying, harassment, and sexual harassment. 

Petition 

Students have the right to present petitions setting forth grievances as long as they are free from obscenities and defamatory statements. Students need to use the channels provided for this purpose in each school. The collecting of signatures on petitions is not to disrupt classroom procedures; interfere with the educational process; or be obtained through threat, coercion, or physical force. 

Students will not be subjected to disciplinary measures for properly initiating or signing a petition, nor will they be subject to any kind of overt or covert reprisal, harassment, or otherwise unwarranted response.  

Religion 

Students have the right to observe their own religious beliefs and practices in school as long as they do not violate the rights of others or interfere with school activities. 

School-sponsored religious exercises may not be conducted. Schools will not advocate any religious beliefs. No school-sponsored activity or class will be religious in nature. Holiday concerts may include religious music within St. Mary’s County Public Schools’ guidelines. Courses may include information about different religions, religious practices and beliefs, and religious leaders if no religious viewpoints are advocated. 

Distribution of religious material follows the guidelines outlined in Board Policy KHBA. 

Students Involved with the Department of Juvenile Services

Students enrolled in the St. Mary's County Public Schools who, as a result of negative behavior in the community, are temporarily placed in a Juvenile Services funded or operated detention facility, or who are committed to a facility by the court, have the right to continue their education with as little disruption in program continuity as possible. 

Students Seeking Help 

The Board of Education of St. Mary’s County believes that directing students to appropriate service agencies must be an integral part of a comprehensive service system.  Students who seek counsel and assistance for substance abuse, sexually transmitted diseases, AIDS, pregnancy, contraception, abortions, and mental/emotional disorders will be directed to appropriate agencies. Students who seek information from a teacher, counselor, principal, or other professional educator to overcome any form of drug abuse are protected by Maryland Public School Education Article 7-412. Any statement, written or oral, made by a student is not admissible against the student in any school disciplinary proceeding. 

Students Who Do Not Seek Help 

Those students who abuse or possess alcohol or drugs, or otherwise violate the law, and do not voluntarily seek help, in essence, forfeit their rights to the protection of Education Article 7-412.  They are subject to the school policy and practice. 

School staff must promptly report to a school administrator all delinquent acts that come to their attention - whether occurring on or away from the school premises - which involve students in the school system. The school administrator must then promptly report all such acts to the responsible law enforcement agencies.  

School officials cannot ignore illegal substance abuse or other illegal activities. If a teacher, counselor, or principal finds a student bringing drug equipment to school, using or carrying drugs, or otherwise violating the law, the educator must observe the existing laws and enforce school policy. Once observed and reported to the school administrator, established procedures will be implemented.  Each case must be handled on its own merits and as determined by its own circumstances, within school system policy. 

STUDENT RESPONSIBILITIES 

Students have a responsibility to put forth their best efforts during the educational process.  

Students have the responsibility to respect the rights of other students and all persons involved in the educational process. 

Students have the responsibility not to harass or create a hostile environment on the basis of race, color, gender, national origin, religion, marital status, sexual orientation, or disability. 

Students have the responsibility to attend school regularly and to observe school rules essential for permitting others to learn at school. 

Responsibility for Student Conduct 

Positive student conduct is essential to the total school program. Without it, students cannot realize opportunities for academic growth, and the school cannot discharge its responsibility in the educational process. 

It is expected that students will do their best to conduct themselves according to the rules of the school. 

We ask parent(s)/legal guardian(s) to reinforce the need for children to conduct themselves in appropriate ways when at school. 

Good behavior is maintained through positive measures which are fair and consistent. Conferences involving school personnel, parent(s)/ legal guardian(s), and students are frequently held when problems arise. County policy regulates the actions which are to be followed in specific instances of major infractions. 

Student Responsibility in Decision Making 

As appropriate to the age of students, school government organizations, such as student councils, may be formed to offer practice in self-government and to serve as channels for the expression of student ideas and opinions to the Board of Education and school administration. 

Each student has the responsibility and the right to participate in student government organizations. 

One student, selected by the St. Mary’s Associations of Student Councils, sits on the Board of Education as a non-voting member. 

Student Responsibility for Dress 

There is a close relationship between student dress and student behavior and, accordingly, proper dress is important to setting the pattern of school and social conduct. 

While student dress and grooming are primarily the responsibility of students and their parent(s)/ legal guardian(s), the Superintendent of Schools shall direct staff to develop appropriate guidelines for a student dress code

Dress or grooming which is likely to cause the disruption of the instructional program or which creates a potential safety hazard is prohibited. 

Student Responsibility for School Property 

Each student has a responsibility to appropriately care for school property. Students will be assessed for any lost, damaged, or vandalized school property. 

Student Vehicle Use

Students are not permitted to operate or park any type of vehicle anywhere on a school campus without the approval of the school administrator. Parking permits are issued each year by the school. Disciplinary infractions of the student code of conduct or failing to follow the rules for student vehicle use, established by the school they attend, may result in revocation of their student parking permit. 

Student Bicycle Use 

Bicycles are not permitted to be ridden or stored on a school campus without the approval of the school administrator. 

Student Solicitations 

The solicitation of funds in the schools by outside groups for any cause is discouraged. Such solicitation will require the approval of the school administration. 

ST. mary's county public schools student dress code 


Dress or grooming which causes or is likely to cause the disruption of the instructional program or which creates a potential safety or health hazard, as determined by the school principal or his/her designee, is prohibited.


Standards for appropriate attire and accessories shall include the following:


It is recognized that age and maturity may be considered in determining the appropriateness of a student’s attire. Appropriateness will be determined by the school principal/designee.

STUDENT RULES FOR TRANSPORTATION 

The safety of students during their transportation to and from school is a responsibility which students and their parent(s)/legal guardian(s) share with bus drivers and school officials. 

The bus driver has the responsibility of maintaining orderly behavior of students on school buses and will report misconduct to the appropriate school official. 

State law prohibits unauthorized persons from coming aboard school buses. Bus drivers are not permitted to engage in discussions with non-passengers at bus stops. Parent(s)/legal guardian(s) are requested to contact the school their child attends to discuss any concerns that they may have with bus transportation. 

St. Mary’s County Public Schools’ buses do not discharge or admit students at places of business other than licensed day care centers. 

St. Mary’s County Public Schools will transport only those students assigned to a bus unless an emergency exists. Day-by-day, special bus requests will be handled by the school administration on an individual basis, with discretion. The school administrator must complete a “Temporary Bus Pass,” and give the white copy to the bus driver. 

Bus stops are set by the Department of Transportation in accordance with safe practices, Maryland law, COMAR, Board policy, St. Mary's County Public Schools’ regulations, and Department of Transportation procedures. The location of all authorized school bus stops will be available online at the Department of  Transportation's Bus Stop and School Locator prior to the start of the school year. These are the only locations that St. Mary's County Public Schools buses will stop. School bus drivers, school bus contactors, and school staff members cannot add, delete, or change the location of school bus stops. All requests to add, delete, or change the location of school bus stops should be directed to the Department of Transportation. 

A “Temporary Bus Pass” is required for new students or whenever students will be getting off at a stop other than their own, even if they are riding their assigned bus.  Students with bus passes will only be dropped off at published bus stops. 

The bus driver is in charge of the bus at all times. If a teacher is on the bus, the teacher is in charge of student behavior. Students violating the rules stated below will be reported to school officials. Transportation privileges may be withdrawn from violators. 

Student Bus Boarding Procedures

Student On-Board Procedures

Student Bus Loading Procedures at School

Student Bus Unloading Procedures

Pre-Kindergarten, and Kindergarten Transportation Procedures

To ensure safety, a responsible person (at least 13 years old) must be on time to meet the bus at the bus door at the assigned stop for Pre-Kindergarten and/or Kindergarten students. This applies to when a student is boarding the bus at the bus stop and when a student is disembarking the bus at the bus stop. 

When a responsible person is not available to receive a Pre-Kindergarten and/or Kindergarten student on a return trip home, the driver will return the student to the school. Parent(s)/legal guardian(s) will be notified by the principal to come and pick up their child from the school. The school administrator will discuss this concern with the parent(s)/legal guardian(s). 

If a second incident occurs, the child will be returned to the school and the parent(s)/legal guardian(s) will be notified to pick up their child at school. The regulation will again be reviewed with the parent(s)/legal guardian(s). The school administrator will mail a follow-up letter to the family indicating that a third incident may result in loss of transportation privileges. 

If a third incident occurs, the child will be returned to school. Parent(s)/legal guardian(s) will be notified to pick up their child at school. Transportation privileges will be revoked at that time. A written notice will be mailed to the family by the principal. 

Special Needs Transportation Procedures

Emergency Transportation Procedures

During an emergency and/or accident, students need to adhere to the following procedures. Students should: 

Use of Video and Audio Recording Devices on School Buses

Video and audio recording devices may be placed on any school bus providing services to St. Mary’s County Public Schools at the request of the bus contractor, school administrator, or Director of Transportation. Placement of video and audio recording devices may also be made at the direction of the Superintendent of Schools or designee. The purpose of the video and audio devices will be to monitor behavior on the bus.  

STUDENT RESPONSIBILITY TO BE INFORMED 

Use of Security Cameras on School Grounds and in School Buildings 

Security cameras for video surveillance are placed on school grounds and in school buildings at the direction of the Superintendent of Schools or designee.  The purpose of video surveillance is to monitor activities occurring on a school campus and enhance the safety and security of the school building. All requests to view video surveillance footage must be made in writing to the Department of Safety and Security in a timely manner to ensure the footage is captured for future review. 

Student Searches

Under Maryland Education Article 7-308, a principal or assistant principal of a public school may make a reasonable search of a student on the school premises or on a school-sponsored trip if he/she has a reasonable belief that the student has in his/her possession an item, the possession of which is a violation of any other state law or a rule or regulation of the county board. On school-sponsored trips, a designated teacher may conduct a search. 

A principal or assistant principal may also make a search of the physical plant of a school and its furnishings and equipment including the lockers of the students. 

Drug-Free Zones 

Drug-Free Zones - It is a felony to manufacture, dispense, distribute, or possess with the intent to distribute certain controlled dangerous substances, or conspires to commit these offenses in or within 1,000 feet of any real property used for certain school purposes or in a school vehicle under certain circumstances. 

The school system prohibits the possession and/or use of illegal or unauthorized substances on school grounds.  This includes alcohol, cigarettes/tobacco products, cigarette lighters, e-cigarettes, vaporizers, matches, drugs, and drug look-alikes. 

Canine Drug Scans of School Facilities 

St. Mary’s County Public Schools and the St. Mary’s County Sheriff’s Office maintain an agreement for carrying out canine drug scans of school facilities and surrounding school properties. The overall purpose of the scans is to protect and further ensure the safety of our students and staff and to be proactive in maintaining a drug-free environment in schools. The searches will be random, limited in scope, and not target any individual or faction, and conducted under the pre-eminence of student safety. The scans will include interior building scans completed during the school day at times of the day when students are not in the building or when students do not have access to hallways or other areas to be searched. The canines will not be used to search students or staff.

Possession or Use of Portable Wireless Communication Devices 

School personnel have the right to limit the use of electronic communication devices that impede the instructional climate in the school, create a disturbance, or disrupt the school environment. 

Students may possess wireless communication devices as indicated below. For students who are permitted to possess cell phones at school, the devices must be kept out of sight and turned off from the time that students arrive until the time of dismissal (this includes transitions between classes) unless noted as an exception below. Cell phones will not be used for instructional purposes at any time during the school day. 

Students are allowed to use cell phones only as described below:

The appropriate use of cell phones are permitted on school buses subject to SMCPS Student Code of Conduct. 

Unauthorized photography and video recording of the school environment during the instructional day is a violation of school policy and established law. Illegal recording or capturing of any communication or image will result in disciplinary action and possible referral to law enforcement authorities when appropriate. 

Students may use wireless communication devices during the instructional day under the following condisions:

Any observed or reported improper use of a wireless communication device contrary to regulations, shall result in confiscation of the device by the site administrator or designee.  Action will be taken as per the SMCPS Student Code of Conduct.

When school staff report a wireless communication deviceviolation, the site administrator or designee will respond as per the SMCPS Student Code of Conduct.

The wireless communication device will be confiscated by an administrator or designee and stored in a safe and secure location.  

If the site administrator or designee has reasonable suspicion to believe that the wireless communication device has been used in any way that violates local, state, or federal laws, the site administrator or designee will turn the device over to law enforcement authorities for further investigation.

If there is no law enforcement involvement, a student may retrieve a confiscated wireless communication device by having their parents/legal guardians respond to the school site during normal operating hours and request the device from the site administrator or designee.

St. Mary’s County Public Schools assumes no liability for lost, stolen, or damaged personal items of any student, including wireless communication devices. The school system assumes no responsibility for injury or damage related to malfunctioning equipment. Parent(s)/legal guardian(s) and students are encouraged to take special care of wireless communication devices brought to school. 

Bullying/Harassment/Intimidation 


Bullying – is unwanted, demeaning behavior among students that involves a real or perceived power imbalance. The behavior is repeated, or is highly likely to be repeated, over time. To be considered bullying, the behavior must be intentional and include: 1) an imbalance of power (students who bully use their physical, emotional, social, or academic power to control, exclude, or harm others), and 2) repetition (bullying behaviors happen more than once or are highly likely to be repeated based on evidence gathered).


Cyberbullying – is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through texting, apps, or online via social media, forums, or gaming where people can view, participate in, or share content. Cyberbullying includes sending, posting, or sharing negative, harmful, false, or hurtful content about another student. It can include sharing personal or private information about someone else causing embarrassment or humiliation.


Harassment – intentional conduct, including physical conduct or verbal, written, or electronic communication, that creates a hostile educational environment and includes actual or perceived negative actions that offend, ridicule, or demean another student with regard to race, ethnicity, national origin, immigration status, family/parental or marital status, sex, sexual orientation, gender identity, gender expression, religion, ancestry, physical attributes, socioeconomic status, physical or mental ability, or disability.  Conduct must occur on school property, at a school activity or event, or on a school bus, or must substantially disrupt the orderly operation of a school.


Intimidation – is any communication or action directed against another student that threatens or induces a sense of fear and/or inferiority. Retaliation may be considered a form of intimidation.


Reports of bullying/harassment/intimidation may also be followed up by completing the Bullying, Harassment, or Intimidation Reporting Form. This form may be obtained from the school or in the Forms section of this handbook.

Gang Activity and Similar Destructive Behaviors 

A criminal gang is a group or association of three or more persons whose members; individually or collectively engage in a pattern of criminal activity; have as one of their primary objectives or activities the commission of one or more underlying crimes, including acts by juveniles that would be underlying crimes if committed by adults; and have in common an overt or covert organizational or command structure. A pattern of criminal gang activity is the commission of, attempted commission of, conspiracy to commit, or solicitation of two or more underlying crimes or acts by a juvenile that would be an underlying crime if committed by an adult. 

Gang activity and similar destructive behaviors are prohibited on school property, school buses, or at school-sponsored functions. Reprisal or retaliation against individuals who report gang activity and similar destructive or illegal group behavior or who are victims, witnesses, bystanders, or others with reliable information about an act of gang activity and similar destructive or illegal group behavior is also prohibited. 

All school employees are required to report any incidents of suspected gang activity or similar destructive or illegal behavior promptly to the principal who will in turn forward the report to the Chief of Safety and Security for review. The principal and the Chief of Safety and Security will take appropriate actions to maintain and ensure the safety and security of the school or campus environment. 

Student discipline and remedial actions for students engaged in gang activity or similar destructive or illegal group behavior or for students who have made false accusations will be consistently and fairly applied after timely and appropriate investigation, consistent with due process procedures. The student discipline will follow the St. Mary’s County Public Schools’ Code of Conduct for the ascertained violation. 

Sexual Harassment and Sexual Assault 

Sexual harassment in school is unwelcome conduct of a sexual nature from teachers, other adults, or students, within school or school-related activities. The range of behaviors includes but is not limited to stalking, unwelcome sexual advances, verbal, nonverbal, and physical conduct of a sexual nature that does not rise to the level of sexual assault. Incidents of sexual harassment often worsen if not reported and stopped.  

Sexual assault is understood as any unwelcome sexual contact, either directly or through clothing, which is committed by threat or by force and without the consent of the other person, including but not limited to physical sexual attack on an adult or a student. The ranges of behaviors include but are not limited to: deliberate inappropriate touching/pinching/grabbing of a sexual nature, attempted rape, or rape. 

Victims of bullying, harassment, sexual harassment, or sexual assault should report the problem to an adult. The adult will then work with the student to see that appropriate action is taken. A student or the student’s parent(s)/legal guardian(s) may appeal the decision of a school staff member to the principal and the principal’s decision to the Director of Student Services with regard to discipline assigned to that student. Situations evoking Title IX will be addressed through the SMCPS Title IX Grievance Process. The Supervisor of School Counseling has the responsibility for Title IX in St. Mary’s County Public Schools. 

Possession or Bringing of a Weapon 

The possession of a weapon by any student or individual on school property, at a school–sponsored event, or on school buses, greatly increases the risk of danger to all students and staff members. 

A weapon is defined as: 

Other weapons may also include, but are not limited to:

Firecrackers (including but not limited to: firecrackers, smoke bombs, Roman candles, and showering cones);  weapon look-alikes, and similar devices including knives of any kind (including, but not limited to: a switchblade knife, a star knife, a dirk knife, a hunting knife); a straight razor, a spiked glove, a spiked wristband, or a spiked ring; metal knuckles; a nunchaku or any other sharp instrument shaped, sharpened, or designed in such a way as can injure, maim, cut, or puncture; explosive devices (bullets, shells without a weapon); or tear gas, tasers, stun guns, or other disabling agents.

The bringing of any weapon or firearm onto school property or to a school-sponsored event, or the possession of any weapon on school property or school-sponsored event shall be reported to law enforcement authorities, Superintendent of Schools or designee, the Director of Student Services, and the Chief of Safety and Security immediately. 

Under certain circumstances, the Gun Free School Act of 1994 and other public laws require expulsion from school for a period of not less than one calendar year for any student in possession of a firearm on school property. 

In addition, parent(s)/legal guardian(s) need to know what their students bring to school. Some items can cause harm or disrupt the learning environment. These items include, but are not limited to, butter knives, laser pointers, instant bonding glues, or sharp tools. These types of items are not allowed at school, and if brought to school, may be considered a violation of school rules and may result in disciplinary action. If a common item or any implement is brought to school with the intent to cause harm, the item may be considered as an “other weapon.” In this case, the student may be subject to disciplinary action that would result in suspension or expulsion with a report made to law enforcement. 

TOBACCO FREE SCHOOL ENVIRONMENT 

The State Board of Education adopted Tobacco-Free School Environment Regulation (COMAR 13A.02.04.01 - .07) requiring each school system to maintain a tobacco-free school environment. The sale and use of tobacco in any form is prohibited by anyone at all times (24 hours a day, every day) in all St. Mary's County Public Schools’ buildings whether owned or leased. This includes schools, central offices, warehouses, garages, or other buildings operated by St. Mary's County Public Schools regardless of whether or not students are present.  

In addition, the sale and use of tobacco in any form is prohibited on school grounds (to include e-cigarettes and vaporizers) by anyone at all times (24 hours a day, every day) on all St. Mary's County Public Schools’ grounds whether owned or leased. 

The sale and use of tobacco in any form is prohibited at all times in all school system vehicles (to include e-cigarettes and vaporizers) including school buses, whether owned by the school system or contracted. 

DISTRIBUTION OF STUDENT LITERATURE 

Students desiring to post or distribute free literature that is not officially recognized as a school publication should submit the material to the principal for review and approval prior to distribution. 

Students who violate this policy will be subject to appropriate disciplinary action.