Preamble

The purpose of the Board of Education Bill of Student Rights and Responsibilities, K-12 is to inform students of their rights and responsibilities in order to promote responsible student behavior and to ensure that each person in our schools is treated with respect and dignity. The term "right" is defined as a privilege that one may rightly claim as due. The term "responsibility" is defined as accountability for one's action.

Schools play an important role in providing students with opportunities to exercise their rights, within the limitations set by law and regulations, and to understand their responsibilities. When students understand their rights and responsibilities they are able to make decisions regarding right and wrong actions that affect them and others. Responsible behavior by each individual is the only way that all the rights of each individual can be preserved.

This document contains an overview of students ' rights and responsibilities. There are other Board polices, administrative regulations, school discipline codes, policies and procedures that explain these rights and responsibilities in greater detail. All of these documents are intended to ensure that rules and regulations reflect the responsibilities and rights of students.

A sense of mutual respect among students. parents and staff for the good of all concerned is a goal of the New York City public schools. Another goal is the involvement of students in activities and programs, within and outside the school community, which stress a commitment to civic responsibility and community service. The cooperation of all members of the school community will ensure that a rich learning experience and educational excellence can be achieved for every student.

This document will serve as a guide for students as they strive to become productive citizens in a multicultural society.

1. THE RIGHT TO A FREE PUBLIC SCHOOL EDUCATION

While public schools serve many age groups whose rights may differ according to their levels of maturity, the right to a free public school education is a basic "student right" guaranteed to all children.

Students have a right to:

  1. attend school and receive a free public school education from kindergarten until age 21 or receipt of a high school diploma, whichever comes first, as provided by law: students who have been determined to be of limited English proficiency are entitled to bilingual education or English as a second language program as provided by law; students with disabilities who have been determined to be in need of special education are entitled to free, appropriate education from age 3 until age 21, as provided by law
  2. be In a safe and supportive learning environment, free from discrimination, harassment and bigotry
  3. receive courtesy and respect from others regardless of age, race, creed, color, gender, religion, national origin, sexual orientation, disability, marital status and political beliefs
  4. receive a written copy of the school's policies and procedures, including the discipline code and the New York City Board of Education Bill of Student Rights and Responsibilities, early in the school year or upon admission to the school during the school year
  5. be informed about diploma requirements, including courses and examinations and information on assistance to meet those requirements
  6. be informed about required health, cognitive and language screening and examinations
  7. be informed concerning courses and programs that are available in the school and the opportunity to have input in the selection of elective courses
  8. receive professional instruction
  9. know the grading criteria for each subject area and/or course offered by the school and to receive grades for school work completed based on established criteria
  10. be informed of educational progress and receive periodic evaluations both informally and through formal progress reports
  11. be notified in a timely manner of the possibility of being held over in the grade or of failing the course
  12. be notified of the right of appeal regarding holdover or failing grades
  13. access to review their education records upon request, if in high school. The right to review records is always accorded the parent/guardian and eligible student
  14. confidentiality in the handling of student records maintained by the school and by the school system
  15. receive guidance, counseling and advisement for personal, social, educational, career and vocational development


II. THE RIGHT TO FREEDOM OF EXPRESSION AND PERSON

All students are guaranteed the right to express opinions, support causes, organize and assemble to discuss issues and demonstrate peacefully and responsibly in support of them, in accordance with policies and procedures established by the New York City Board of Education.

Students have the right to:

  1. organize, promote and participate In a representative form of student government
  2. organize, promote and participate in student organizations, social and educational clubs or teams, and political, religious, and philosophical groups consistent with the requirements of the Equal Access Act
  3. representation on appropriate schoolwide committees that impact on the educational process, with voting rights where applicable
  4. publish school newspapers and school newsletters reflecting the life of the school and expressing student concerns and points of view consistent with responsible journalistic methods and subject to reasonable regulations based on legitimate pedagogical concerns
  5. circulate newspapers, literature or political leaflets on school property, subject to reasonable guidelines established by the school regarding time, place and manner of distribution, except where such material is libelous, obscene, commercial, or materially disrupts the school, causes substantial disorder or invades the rights of others
  6. wear political or other types of buttons, badges or armbands, except where such material is libelous, obscene or materially disrupts the school, causes substantial disorder or invades the rights of others
  7. post bulletin board notices within the school, subject to reasonable guidelines established by the school, except where such notices are libelous, obscene, commercial, or materially disrupt the school, cause substantial disorder or invade the rights of others
  8. determine their own dress, except where such dress is dangerous or interferes with the learning and teaching process
  9. be secure in their persons, papers and effects and to carry in the school building personal possessions which are appropriate for use on the premises
  10. be free from unreasonable and indiscriminate searches, including body searches
  11. be aware that corporal punishment is prohibited
  12. decline to participate in the pledge of allegiance or stand for the pledge


III. THE RIGHT TO DUE PROCESS

Every student has the right to be treated fairly in accordance with the rights set forth in this document

Students have the right to:

  1. be provided with the discipline code and rules and regulations of the school
  2. know what is appropriate behavior and what behaviors may result in disciplinary actions
  3. be counseled by members of the professional staff in matters related to their behavior as it affects their education and welfare within the school
  4. know possible dispositions and outcomes for specific offenses
  5. receive written notice of the reasons for disciplinary action taken against them in a timely fashion
  6. due process of law in instances of disciplinary action for alleged violations of school regulations for which they may be suspended
  7. know the procedures for appealing the actions and decisions of school officials with respect to their rights and responsibilities as set forth In this document
  8. be accompanied by parent/guardian and/or representative at conferences and hearings
  9. the presence of school staff in situations in which there may be police Involvement
  10. answer or explain In writing any material entered in their student records

STUDENT RESPONSIBILITIES

Responsible behavior by each student is the only way in which the rights set forth in this document can be preserved. Violation of some of these responsibilities may lead, in accordance with the Discipline Code, to disciplinary measures. Full acceptance of responsibility with the exercise of rights will provide students with greater opportunity to serve themselves and society.

Students have a responsibility to:

  1. attend school regularly and punctually and make every effort to achieve in all areas of their education
  2. be prepared for class with the appropriate materials and maintain properly the textbooks and other school equipment
  3. follow school regulations regarding entering and leaving the classroom and school building
  4. help maintain a school environment free of weapons, illegal drugs, controlled substances and alcohol
  5. behave in a manner that contributes to a safe learning environment and which docs not violate other students' right to learn
  6. share information with school officials regarding matters which may endanger the health and welfare of members of the school community
  7. respect the dignity and equality of others and refrain from conduct which denies or impinges on the rights of others
  8. show respect for school property and respect the property of others, both private and public
  9. be polite, courteous and respectful toward others regardless of age, race, creed, color, gender, religion, national origin, sexual orientation, physical and/or emotional condition, disability, marital status and political beliefs, and refrain from making slurs based on these criteria
  10. behave in a polite, cooperative manner toward students, teachers and other school staff
  11. promote good human relations and build bridges of understanding among the members of the school community
  12. use non-confrontational methods to resolve conflict
  13. participate and vote in student government elections
  14. provide positive leadership by making student government a meaningful forum to encourage maximum involvement
  15. work with school staff in developing broad extra-curricular programs in order to represent the range of physical, social and cultural interests and needs of students
  16. observe ethical codes of responsible journalism
  17. refrain from obscene and defamatory communication in speech, writing and other modes of expression in their interactions with the school community
  18. express themselves in a manner which promotes cooperation and does not interfere with the educational process
  19. assemble in a peaceful manner and respect the decision of students who do not wish to participate
  20. bring to school only those personal possessions which are safe and do not interfere with the learning environment
  21. adhere to the guidelines established for dress and activities in the school gymnasium, physical education classes, laboratories and shops
  22. be familiar with the school discipline code and abide by school rules and regulations
  23. provide leadership to encourage fellow students to follow established school policies and practices
  24. keep parents informed of school-related matters including progress in school, social and educational events, and ensure that parents receive communications which are provided by the school staff to students for transmittal to their parents.