SR&R Handbook | Rights and Responsibilities
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Student Rights and Responsibilities
Student Rights Overview
Residents of Loudoun County who are of school age are entitled to a free education in accordance with the laws of the Commonwealth of Virginia. This right, and those granted under the Constitution of the United States, the Constitution of the Commonwealth of Virginia, and applicable federal and state laws, shall be guaranteed regardless of race, color, national origin, religion, sex, pregnancy, childbirth or related medical conditions, sexual orientation, gender identity, gender orientation, disability, age, or genetic information.
School rules are necessary to ensure all students have access to their education without disruption and in an orderly and appropriate setting. School rules are designed to deter undesirable behavior, while teaching proper behavior. A goal of public education is to have students become responsible adults in a free society. This requires that students learn to be sensitive to the needs and rights of others and to be aware of the consequences of their actions of themselves and others.
Basic Rights and Responsibilities
The rights of individuals must be exercised in a way that does not infringe upon the rights of others or threaten the general welfare of society. Some restrictions may therefore be lawfully imposed by governments, including school boards, upon the manner in which individual rights may be exercised.
The Loudoun County School Board is legally empowered to adopt local regulations for the conduct of students. The School Board is also committed to providing an equitable, safe and inclusive learning environment for students and affirms this principle for all persons. School Board policies and the rules of individual schools provide a code of student conduct which the School Board expects students to follow. These policies and rules are designed to protect the essential rights of students while ensuring a safe, orderly school environment in which students may learn and develop into responsible citizens.
As provided for in the Code of Virginia, any parent, custodian, or legal guardian of a student attending LCPS who is aggrieved by an action of the School Board may, within thirty (30) calendar days after such Board action, petition the Circuit Court to review the action of the School Board. The action of the School Board shall be sustained unless the School Board exceeded its authority, acted arbitrarily or capriciously, or abused its discretion.
Rights and Responsibilities as Students
Students generally enjoy the same rights in school as they do in other settings, although there are some restrictions on the exercise of these rights that are specific to the school environment. For example, the right to freedom of speech may be restricted to prevent one student from disrupting a class, monopolizing class time or subjecting other students to verbal abuse.
Students, therefore, have a responsibility to protect the rights of other students by not impeding upon their education. In addition, students are expected to follow the expectations outlined in School Board Policy and the SR&R to benefit from - and protect - the large financial investment of the residents of Loudoun County. The School Board insists that students conduct themselves as responsible citizens while in school, on any school property, at any school-sponsored event or enroute to - or from - any school-sponsored event. Specifically, the School Board requires that students:
Obey school rules and regulations;
Respect the authority of school personnel;
Respect the rights and property of other students and school employees;
Take care of school property provided for their use; and
Dress in an appropriate manner.
Rights and Responsibilities of Students
Students have a right to avail themselves of the educational opportunities offered to them through LCPS. This implies not only a right of access to these opportunities but also a right to be protected from disruptive influences within the school. Students have a right to express their concern when other students disrupt a classroom and prevent them from learning.
To benefit from the opportunities provided for them, students must assume certain responsibilities for learning. These responsibilities include being in school when physically able, being on time for school and classes, being engaged and participating in learning, dressing in an appropriate manner, paying attention in class, participating in class discussions and other activities, asking questions when something is not understood, getting proper rest, doing homework and other assignments, making up all work missed because of absences and doing one’s best at all times. Teachers can do much to facilitate learning, but students also must take responsibility for their own learning.
Students also share a common responsibility for the overall learning environment. They should encourage and help each other, work cooperatively in group activities and avoid creating disturbances that interfere with the efforts of others to learn
Rights and Responsibilities of Adult Students
Students who have reached the age of 18 have been granted certain rights as adults. They also assume certain adult responsibilities. In school, students 18 years and older may act in place of their parents where parental permission is required. Students 18 years and older also assume control of their school records. Students who accept these rights as adults must provide written notification to the school principal or designee, by submitting the ADULT/ELIGIBLE STUDENT DECLARATION FORM and are expected to act as responsible adults. If the student is identified as a dependent, parents do maintain certain educational rights. If the student chooses to attend school, they are subject to all school rules and regulations. See Policy 8025, Rights of Adult/Eligible Students, for more information.
Parent/Guardian Rights and Responsibilities
Rights of Parents/Guardians
LCPS recognizes the importance of taking proactive steps to engage families in creating and maintaining a school community that is safe, supportive and conducive to learning. It is important that the school and parents/guardians work closely together. Parents have a right to expect that school staff will use appropriate and fair interventions and responses. In doing so, schools will communicate effectively with parents/guardians to explain behavior issues, actions taken, due process procedures, and the goal of working together to see positive results to improve student outcomes and provide a strong home-school partnership, focusing on the student.
Parents/Guardians Responsibility and Involvement
Virginia Code § 22.1-279.3 contains provisions addressing parental/guardian responsibility and involvement to promote proper student conduct and compulsory school attendance. Through the enactment of this legislation, the General Assembly has asserted its position that parents/guardians have a duty to work collaboratively with school administrators to enforce these standards and maintain a safe and orderly school environment.
Within one calendar month of the opening of school, the School Board must provide parents/guardians information regarding the School Board’s standards of student conduct and the compulsory school attendance law. These are included in this SR&R.
Parents/guardians must sign the SR&R, which includes the School Board’s standards of student conduct and the compulsory school attendance law by acknowledging receipt through ParentVUE or a paper copy. In doing so, parents/guardians recognize their responsibility to assist the school in disciplining their student.
NOTE: By signing such acknowledgment, parents/guardians shall not be deemed to waive, but to expressly reserve, their rights protected by the constitutions or laws of the United States or the Commonwealth of Virginia. Parents/guardians are not precluded from expressing disagreement with the implementation of the School Board’s standards of conduct through the appropriate channels. Parents/guardians continue to maintain the right to appeal a suspension or expulsion under Virginia Code § 22.1-277.Each school must maintain records of the signed statement of parental/guardian acknowledgment.
The principal is authorized to request that the student’s parents/guardians, if both have legal and physical custody of the student, meet with the principal or designee to review the standards of conduct, the parents’/guardians’ responsibility to participate in disciplining the student, and ways to improve the student’s behavior and educational progress (See Policy 8210, Introduction to Student Discipline).
The principal or designee shall notify the parents/guardians of any student who violates a School Board policy or the compulsory school attendance requirements when such violation is likely to result in the student’s suspension or the filing of a court petition, whether the administration has imposed such disciplinary action/filed a petition or not. The notice must:
state the date and particulars of the offense,
the parents’/guardians’ obligation to assist the school in improving the student’s behavior and ensuring compulsory attendance compliance,
the fact that if a student is suspended, a parent/guardian may be required to accompany the student to meet with school officials, and
that a petition with the Juvenile and Domestic Relations District Court may be filed under certain circumstances to declare the student a child in need of supervision.
Suspended students may not be readmitted to the regular school program until the student and their parents/guardians meet with school officials to discuss improving the student’s behavior; however, the principal or designee is authorized to readmit the student without the parent/guardian conference if it is appropriate for the student.
If parents/guardians fail to comply with these requirements, the School Board may petition the Juvenile and Domestic Relations Court to proceed against the parents/guardians for willful and unreasonable refusal to participate in efforts to improve the student’s behavior or school attendance. The Court is authorized to take the following actions:
Order the parents/guardians to meet with school officials if the parents/guardians willfully and unreasonably fail to meet with the principal after such a request has been made; or
Order the student or parents/guardians, or both, to participate in treatment or programs to improve the student’s behavior, including participation in parenting counseling or a mentoring program, as appropriate, or be subject to other limitations and conditions as the Court deems appropriate. In addition, the Court may impose a fine of up to $500, per Virginia Code § 16.1-241.2(A)(2).
* For additional information, review the LCPS Multi-Tiered System of Supports Pyramid of Strategies and Interventions in the Appendices.
Staff Rights and Responsibilities
Roles and Responsibilities of the Principal and School-Based Administration
Section 8VAC20-132-200 of the Regulations Establishing Standards of Accrediting Public Schools in Virginia sets forth the role of principals, instructional leaders and managers of schools.The principal shall facilitate communication with parents by maintaining and disseminating the SR&R and procedures for enforcement, along with other matters of interest to parents and students. Moreover, principals must follow local and state laws and policies with regard to reporting requirements. At the school level, school-based administrators have primary responsibility for enforcing the School Board policy and SR&R. Finally, the principal and school-based administrative team have the responsibility to serve their staff, students, parents/guardians and their community to ensure a climate that is conducive to learning and inviting to all that represent LCPS.
Roles and Responsibilities of the Professional Teaching Staff
Section 8VAC20-132-210 of the Regulations Establishing Standards of Accrediting Public Schools in Virginia provides, “[t]he professional teaching staff shall be responsible for providing instruction that is educationally sound in an atmosphere of mutual respect and courtesy….” Because there is a correlational link between student behaviors, positive school climate and academic achievement, LCPS’ expectations for teachers are as follows:
Develop positive relationships;
Develop a safe and positive physical environment;
Teach (and re-teach when necessary) behavioral expectations;
Reinforce positive behavior;
Provide instructional feedback on behaviors;
Utilize the school’s tiered framework of interventions and supports for students who are not meeting behavioral expectations, including working closely with parents/guardians;
Recognize personal stress, reactions that may escalate negative student behavior, and personal bias; and
Use individual and classroom data to monitor student behavior and the teacher’s responses to behavior.
Staff Rights
Public education is education accessible to all; therefore, for children attending LCPS or participating in school-sponsored activities, staff assume the role of in loco parentis. In their role, staff have a right to work in an environment that is safe. In addition, the Loudoun County School Board is an Equal Opportunity Employer. The School Board does not discriminate against qualified applicants or employees on the basis of actual or perceived race, national origin, ancestry, color, sex, sexual orientation, gender identity, pregnancy, childbirth or related medical conditions, marital status, age, religion, disability, genetic information, veteran status, or any basis protected by law.
To support your student, staff also have a right and responsibility to correct inappropriate student behaviors and language. Staff have a right to expect students to engage in learning and activities in a manner that allows for learning for all. Staff have a right to expect students to attend class/activities, complete assignments, and follow expectations outlined in policy, regulation, the Code of Conduct and the SR&R. Staff have the right to speak to students without parental permission to support their needs as learners. Staff have the right to instruct students per their training, per the Code of Virginia, and per the course requirements to ensure students are provided the foundation they require to learn the assigned material. Finally, staff have the right to be treated as professionals by both students and parents. Together, LCPS, parents, students, and our community are One LCPS working to support each student’s educational journey.