Student Rights & Responsibilities

All persons in the Commonwealth of Pennsylvania, between the ages of six and 21 years, are entitled to a free and full education in the public School District where they reside. Parent/Guardian of all children between the ages of six and 18 are required by the compulsory attendance law to ensure that their children attend an approved educational institution, unless legally excused.

Students who have not graduated may not be asked to leave school merely because they have reached 18 years of age if they are fulfilling their responsibilities as students. A student may not be excluded from the public schools or from extracurricular activities because:

• The student is married.
• The student is pregnant/parenting.
• The student has a pregnancy-related disability.
• The student has a disability as identified by Chapter 15 (relating to protected handicapped students).
• The student is an eligible student identified under Chapter 14 (relating to special education services and programs).

(Based on Board Policies #201 and #203)

Students have a right to enroll in the public School District in which they reside. The School District of Lancaster will require the following:

• Proof of the child’s date of birth: (acceptable documentation includes birth certificate, baptismal certificate or transcript of the record of baptism—duly certified and showing the date of birth, notarized statement from the parent/guardian indicating the date of birth, duly attested transcript of the birth certificate, or duly certified transcript of birth);
• An immunization record or assurance from the former School District or a medical office that the required immunizations have been done (or a required series began) with a record to be sent;
• Completion of a Parent/Guardian Registration Statement attesting to whether the student has been or is suspended or expelled for offenses involving drugs or alcohol, weapons or violence per 24 P.S. §13-1304-A and;
• Proof of residency (copy of lease or a bill).

(Based on Board Policy #251)

The McKinney-Vento Homeless Education Assistance Act guarantees a free and appropriate public education for all children and youth experiencing homelessness from either the School District in which their person or the shelter is located or the School District of origin. They are not required to submit proof of residency or certain contact information.

Basic Education Circulars (BEC) outlines procedures for deciding school placement, enrolling students, and determining responsibility. With the increased number of children experiencing homelessness currently attending The School District of Lancaster, the District must provide proper educational support and services.

The School District of Lancaster’s Families in Transition (FIT) program supports our students and families that experience homelessness. “Homeless” is defined by McKinney-Vento as “anyone lacking a fixed, adequate, regular nighttime residence.”

• Staying in the home of other people due to unavailable housing, financial hardship, eviction or similar circumstances
• Living in motels, hotels, trailer parks (in some instances, examples: leaking roof, no heat), public places, or campgrounds due to unavailable suitable housing options
• Living in an emergency shelter or transitional housing
• Unaccompanied (not living in direct care of legal parent/guardian) or runaway youth
• Refugee and migrant youth
• Act of Nature/Fire
• Domestic Violence
• Death/Incarceration of Guardian
• Children in Foster Care

More Information

(Based on Board Policy #204)

Parent/Guardian of all children between the ages of six until 18 are required by the compulsory attendance law to ensure that their children attend an approved educational institution, unless legally excused (i.e., parent/guardian excuse, doctor’s excuse, bereavement, etc.). Students who have not graduated may not be asked to leave school merely because they have reached 18 years of age if they are fulfilling their responsibilities as students. A student may not be excluded from the public school or from extracurricular activities because they are married, pregnant, or have a disability.

Students must comply with all state and local laws. Students have the responsibility to be aware of all rules and regulations for student behavior and to conduct themselves in accordance with them.

Students should assume that, until a rule is waived, altered or repealed in writing, it is in effect.

• Students should express their ideas and opinions in a respectful manner.
• Students must exercise proper care when using public facilities and equipment.
• Students should be on time to all classes and other school functions.
• Students should complete all assignments on time and to the best of their ability.
• Students should make-up work after an absence from school.
• Students should attempt to complete satisfactorily the courses of study prescribed by local school authorities.
• Students should use proper language, without obscenities, while on school premises and attending school functions.

Students are encouraged to share with the administration and faculty a responsibility to develop a climate within the school that is conducive to wholesome learning and living.

Students are encouraged to volunteer information to school authorities in matters relating to the health, safety and welfare of the school community and the protection of school property.

Students should dress and groom to meet standards of safety and health, and not to cause substantial disruption to the educational processes. Dress code policies must be followed.

No student has the right to interfere with the education of fellow students. It is the responsibility of each student to respect the rights of teachers, students, administrators and all others who are involved in the educational process. Bullying/ Cyber bullying, hazing, or other harmful treatment of others will be subject to disciplinary action.

Consistent with the Pennsylvania Human Relations Act (43 P. S. § § 951—963), a student may neither be denied access to a free and full public education, nor subjected to disciplinary action based on race, color, sex, gender, ethnicity, age, creed, religion, ancestry, sexual orientation, national origin, marital status, pregnancy, or handicap/disability.

A student who is eligible to attend District schools and is married and/or pregnant/parenting will not be denied an educational program solely because of marriage, pregnancy, pregnancy-related disabilities, or potential or actual parenthood.

Education is a statutory right and students will be afforded due process if they are to be excluded from school. In a case involving a possible expulsion, the student is entitled to a formal hearing.

Formal Hearings

A formal hearing or an expulsion waiver agreement is required in all expulsion actions. A Judiciary Hearing is held to determine whether a student should be expelled from school.The Board of School Directors (“Board”) delegates the role of conducting any hearing regarding a student’s potential expulsion from school to a Hearing Officer. The Hearing Officer is annually appointed by the Board through formal action at its May Meeting and is tasked with conducting any student expulsion hearings. The Hearing Officer reviews the charges and background information which the principal/designee presents to substantiate the recommendation for expulsion and also reviews information presented by the student, parent/ guardian, and/or counsel.

After a Judiciary Hearing, the Hearing Officer is responsible for making a recommendation to the School Board as to the disposition of the student’s discipline. The School Board will make a final decision regarding the Hearing Officer’s recommendation concerning any student’s expulsion from school. The following due process requirements shall be observed with regard to the formal hearing:

• Notification of the charges will be sent to the student’s parent/guardian by certified mail.
• At least three days’ notice of the time and place of the hearing will be A copy of the expulsion policy, notice that legal counsel may represent the student, and hearing procedures shall be included with the hearing notice. A student may request the rescheduling of the hearing when the student demonstrates a good reason for an extension.
• The hearing will be held in private unless the student or parent/guardian requests a public hearing.
• The student may be represented by counsel, at the expense of the parent/guardian, and must have a parent/guardian attend the hearing.
• The student has the right to be presented with the names of witnesses against the student and copies of the statements and affidavits of those witnesses.
• The student has the right to request that the witnesses appear in person and answer questions or be cross-examined.
• The student has the right to testify and present witnesses.
• A written or audio record will be kept of the The student is entitled, at the student’s expense, to a copy. A copy will be provided at no cost to a student who is impoverished.
• The proceeding will be held within 15 school days of the notification of charges, unless mutually agreed to by both parties. A hearing may be delayed for any of the following reasons, in which case the hearing will be held as soon as reasonably possible:
  • Laboratory reports are needed from law enforcement agencies.
  • Evaluations or other court or administrative proceedings are pending due to a student invoking rights under the Individuals With Disabilities Education Act (20 U.S.C.A. §§ 1400-1482).
  • In cases in juvenile or criminal court involving sexual assault or serious bodily injury, delay is necessary due to the condition or best interests of the victim.

• Notice of a right to appeal the results of the hearing shall be provided to the student with the expulsion decision.

After a determination that a student has committed an expellable offense, and with full knowledge of their rights, the student and the student’s parent/guardian may waive their right to a formal Judiciary hearing, and accept the consequences described on a waiver agreement. The student and the student’s parent/guardian further waive their right to contest the consequences and this agreement by appeal or legal proceeding in any court.

Informal Hearings

The purpose of the informal hearing is to enable the student to meet with the appropriate school official to explain the circumstances surrounding the event for which the student is being suspended or to show why the student should not be suspended.

• The informal hearing is held to bring forth all relevant information regarding the event for which the student may be suspended and for students, their parent/guardian and school officials to discuss ways in which future offenses might be avoided.
• The following due process requirements shall be observed in regard to the informal hearing:
  • Notification of the reasons will be given in writing to the parent/guardian and to the student.
  • Sufficient notice of the time and place of the informal hearing shall be given.
  • A student has the right to question any witnesses present at the hearing.
  • A student has the right to speak and produce witnesses.
  • The school entity will offer to hold the informal hearing within the first five days of the suspension.

(Based on Board Policy #220)

The right of public school students to freedom of speech is guaranteed by the Constitution of the United States and the Commonwealth of Pennsylvania.

Students have the right to express themselves in word or symbol and to distribute and post materials in areas designated for posting as a part of that expression, while the exercise of that right must be limited by the district’s responsibility to maintain a safe and orderly school environment and to protect the rights of all members of the school community.

Students have the right to express themselves unless such expression is likely to or does materially or substantially interfere with the educational process, including school activities, school work or discipline, safety and order on school property or at school functions; threatens serious harm to the school or community; encourages unlawful activity; or is likely to or does materially or substantially interfere with another’s rights.

Students may use publications, handbills, announcements, assemblies, group meetings, buttons, armbands, computers, technology, and any other means of common communication, provided that the use of public school communications facilities will be in accordance with the regulations of the authority in charge of those facilities.

Students have the responsibility to understand unprotected student expression and to stay within the limits of protected student expression. Students have the responsibility to be aware of the full meaning of their expression. Students have the responsibility to be aware of the feelings and opinions of others and to give others a fair opportunity to express their views.

Identification of the individual student or at least one responsible person in a student group may be required on posted or distributed materials.

School officials may require students to submit for prior approval a copy of materials, including digital media, to be displayed, posted or distributed on school property. Bulletin boards must conform to the following:

• School authorities may restrict the use of certain bulletin boards.
• Bulletin board space should be provided for the use of students and student organizations.
• School officials may require that notices or other communications be officially dated before posting, and that the materials be removed after a prescribed reasonable time to assure full access to the bulletin boards.

School newspapers and publications must conform to the following:

• Student newspaper editors have the right to report the news and to editorialize within the provisions set forth below.
• School officials shall supervise student newspapers published with school equipment, remove obscene or libelous material and edit other material that would cause a substantial disruption or interference with school activities.
• School officials may not censor or restrict material simply because it is critical of the school or its administration.
• Prior approval procedures regarding copy for school newspapers must identify the individual to whom the material is to be submitted and establish a limitation on the time required to make a decision. If the prescribed time for approval elapses without a decision, the material shall be considered as authorized for distribution.
• Students who are not members of the newspaper staff will have access to its pages. Written criteria for submission of material by nonstaff members will be developed and distributed to all students.

School officials may set forth the time and place of distribution of materials so that distribution would not materially or substantially interfere with the requirements of appropriate discipline in the operation of the school.

• A proper time and place set for distribution is one that would give the students the opportunity to reach fellow students.
• The place of the activity may be restricted to permit the normal flow of traffic within the school and at exterior doors.
• The wearing of buttons, badges, or armbands will be permitted as another form of expression within the restrictions listed above.

School officials reserve the right to prohibit the posting or distribution of non-school materials containing unprotected expression and to prohibit students from engaging in other unprotected student expression, as well as to stop unprotected student expression when it occurs.

School officials reserves the right to discipline students for engaging in unprotected expression. Where such expression occurs off campus and away from school functions, a nexus between the unprotected expression and a material and substantial disruption of the school program must be established.

It is the responsibility of every citizen to show proper respect for the country and its flag.

Students may decline to recite the Pledge of Allegiance and may refrain from saluting the Flag on the basis of personal belief or religious convictions. Students who choose to refrain from such participation shall respect the rights and interests of classmates who do wish to participate and shall at all times maintain a respectful attitude through the exercise.

Use of a student’s confidential communications by school personnel in legal proceedings is governed by statutes and regulations appropriate to the proceeding. See 42 Pa.C.S. § 5945 (relating to confidential communications to school personnel).

Information received in confidence from a student may be revealed to the student’s parent/ guardian, the principal, or other appropriate authority when the health, welfare, or safety of the student or other persons is clearly in jeopardy.

(Based on Board Policy #226)

Except as stated below or in Board Policy #226, searches of individual students shall occur only in the event there is reasonable suspicion that an individual may be in possession of a weapon, drugs or alcohol, or other item that violates school rules or poses a material risk to the safety of person or property.

Because lockers belong to the District, there is a limited expectation of privacy with regard to a student’s locker. When school authorities have a reasonable suspicion that a locker contains materials which pose a threat to the health, welfare or safety of the school population, student lockers may be searched without prior warning; however, absent an emergency, the student will first be notified and given the opportunity to be present.

School officials are authorized to search a student’s personal possessions or motor vehicle parked on school property when there is reasonable suspicion that the student is violating law, Board policy or school rules, or poses a threat to the health, safety or welfare of the school population.

The District authorizes all secondary schools to conduct weapons searches using hand-held metal detectors without individualized reasonable suspicion. When a hand-held metal detector is being used, all individuals will be expected to comply with the screening.

If a hand-held metal detector is activated, the individual will be asked to remove metal objects from his/her person or personal belongings and be scanned again. If after the removal of the metal objects, there is an activation of the hand-held metal detector, the individual will be taken to a room out of view from other individuals and the person will be subject to a “pat down” search. A “pat down” search conducted by school personnel shall be limited to feeling the outer clothing for the purposes of discovering only items which may have activated the metal detector. If the school personnel conducting a “pat down” search feels an object which may have activated the hand-held metal detector, the individual will be asked to remove the object. If the individual declines, the object may be removed by the school personnel. Under all circumstances, the “pat down” search will be conducted by at least two school personnel of the same sex as that of the individual being searched.

Any illegal or prohibited items found through a search may be used as evidence against the student in disciplinary proceedings.

(Based on Board Policy #816)

When a student creates an original and creative assignment, project, paper, or thesis, the student, or the parent/guardian of a minor student, holds the copyright to the student’s work created at school or generated for school assignments. Staff members may use copyrighted student work materials that fall within the fair use doctrine. Where there is reason to believe that the student copyrighted materials work to be used do not fall within the fair use doctrine prior parental permission must be obtained, for students 18 or older, student permission. If a student’s original creative work is used in an official district publication, the student will be identified and given credit for their work.

The District has responsibility for the collection, retention, disclosure and protection of student records. The District has the legal requirement to maintain the confidentiality of student records and prohibits the unauthorized access, reproduction, and/or disclosure of student education records and personally identifiable information from such records. (Based on Board Policy #216)

The District has the responsibility to safeguard individual student data in accordance with state and federal law governing information exchange, access and confidentiality of student records and personally identifiable information. The Family Education Rights and Privacy Act (FERPA) prohibits the District from disclosing educational records that contain personally identifiable information to third parties without the prior written consent of the student’s parent/guardian or by the student, if the student is 18 years or older. Parent/Guardian shall be informed of their right to have their child excluded from any research studies or surveys conducted by entities other than a school entity. (Based on Board Policy #216.2)