Section II

WHAT RIGHTS DO STUDENTS HAVE?

All students have the right to an educational setting that is safe, orderly, and free from disruption.

A. Educational Opportunity
1. Every student has the right to an education relevant to his/her needs and abilities and a corresponding responsibility not to deny this right to any other student.
2. No individual shall be subject to prejudicial treatment or to abridgment of his/her right to attend and benefit from public school on the basis of any of the following, but not limited to: ethnic identity, religion, color, sex, political belief, mental or physical challenge, or for the exercise of his/her rights within this policy.

B. Participation in Educational Decisions
1. In grades 7-12, there shall be established and elected student government with membership open to all students. The student government will establish reasonable standards for candidates for offices. All students shall be allowed to vote in elections designed to promote careful consideration of the candidates and issues. In grades Pre-K-6, school personnel are encouraged to introduce students to principles of student government through school and class activities.
2. 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:
a. Involvement in the process of developing policies for revisions and additions to the curriculum, school rules, and regulations;
b. Involvement in the formation of guidelines for co-curricular activities;
c. Involvement in allocating student funds, subject to established audit controls and the approval of the principal;
3. Representatives selected by the student government shall meet regularly with the principal or his/her designee to exchange views, to share in the formulation of the school’s student policies, and to consider revisions to the school's curriculum.

C. Expression and Association
Students of the school may exercise the right to wear or display political buttons, armbands, and other badges of symbolic expression.
Publications:
1. Students shall be allowed to distribute political leaflets, newspapers, and other literature on school premises, without prior restraint or censorship, at specified times and places. The distribution may not include materials that are in poor taste, obscene or libelous. The principal and student government shall establish guidelines governing the time and place of distribution at sites that will not interfere with normal school activities.
2. Official school publications shall reflect, where possible, a wide spectrum of student opinions. The student editors shall be governed by standards of responsible journalism. The responsibility to determine whether specific materials comply with the standards of responsible journalism rests with the principal in accordance with district board policy.
3. Organizations and Clubs
Students may form clubs or organizations for any legal purpose. These organizations must be open to all students on an equal basis and must operate within procedural guidelines established by the student government and with the principal. Any such organization shall have a faculty advisor. Religious clubs or groups shall have a monitor, who shall be appointed by the principal after consultation with the student group. No appointment shall be cause to deny recognition to an organization. Organizations that meet these conditions shall have reasonable access to school facilities. Appeal of such decisions may be made in accordance with Section III of this document.

D. Dress Code
Los Lunas School authorities encourage a positive attitude toward the student’s conduct and appearance. Dress and grooming have a definite bearing on attitude and behavior. Learning how to dress within the boundaries of decency, modesty, responsibility and social acceptability is a part of each student’s education, and should be practiced at school, and while participating in extracurricular activities.

Each school should customize its individual dress code to reflect the needs and standards of its community using a process that will ensure input from students, parents, and staff of the school, along with any other interested community members. The responsibility to interpret and enforce the policy rests with each site administrator. Within each school’s guidelines, students and their parents/guardians have the right to determine the dress and personal appearance of students. Exceptions to this right however are:

-When dress or appearance presents a health or safety hazard;
-When dress or appearance is in violation of municipal or state law;
-When dress and appearance presents a potential for disruption to the instructional program to include body piercing, other than ears, unnatural hair color, revealing, or overly distracting attire or appearance, a display of violent, antisocial behavior, gang activity, the occult, profanity or vulgarity;
-When dress and appearance advertises, displays, or promotes any drug including alcohol or tobacco;
-When dress and appearance depicts sexual or related activity;
-When dress and appearance displays disrespect, and/or bigotry towards any group.

Parents should become familiar with each individual school’s dress regulations and should monitor the way their children are dressed when they leave home for school. Parents should be aware of the fact that if their child alters or changes his/her hair color or appearance in any way, the student will be immediately subject to scrutiny of that change as it applies.

E. Privacy

1. Custody: Except in the most extreme circumstances, custody of a student shall not be relinquished by school personnel to anyone without the approval of the parent/guardian. In every case of arrest, questioning authorities will document the attempt to notify the student's parent/guardian (as per Board Policy 8.16).
2. Questioning: If Los Lunas School personnel, school resource officer, police authorities or non-school authority desire to question a student beyond a preliminary investigation on school premises regarding any alleged suspected criminal acts by the student, school authorities shall attempt to contact the parent.
3. Student Records: Student records kept by the Los Lunas Schools will be open to review by parents/guardians and/or students and will be treated in a confidential manner, as prescribed by the New Mexico Public Education Department regulations, and the Family Educational Rights and Privacy Act of 1974. An Instructional Procedural Directive implements this policy which is on file in all offices. The annual public notices regarding student records may be found in Section X of this document.
4. School Facilities: The schools will, insofar as possible, provide facilities for the storage of items needed during the school day and will inform the students that these facilities may be searched without their consent. However, 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 principal, the health, safety, or general welfare of the student(s) or school requires such action. A record of such searches will be maintained in the principal's office, to be destroyed at the end of the student's enrollment at that school. Neither the school nor the district can assume the responsibility for items stored in these facilities.
5. Search of Person or Vehicle: Searching a student's person, locker, backpack, or vehicle parked on school property may be conducted only if a certified school employee, school resource officer, or school bus driver notices or is suspicious of the arrangement of that student’s clothing, possessions, or actions which give the searcher reason to believe that a crime or breach of the disciplinary code is being committed by the student. Physical searching of a student's person may be conducted only by an authorized person who is of the same sex as the student, and—except when circumstances render it impossible—may only be conducted in the presence of another authorized person of the same sex in the presence of a school administrator.
6. Waiver on Disclosure of Student Information: The Los Lunas Schools enforces the right to privacy of all students. Each school has developed a waiver form that grants permission for the release of information.
Website by SchoolMessenger Presence. © 2019 West Corporation. All rights reserved.