Madison Metropolitan School District
Board of Education Policies and Procedures

POLICY	STUDENT BILL OF RIGHTS	4600 Pupils

PREAMBLE

This document pertains to high school students enrolled in the Madison Public Schools and contains most, but not all, rights to which students are entitled.

Conflict, confrontation and controversy will be channeled constructively and positively if the rights and responsibilities of students are recognized and respected. Students have the responsibility to respect rights of all persons involved in the educational process and exercise the highest degree of self-discipline in observing and adhering to legitimate rules and regulations. Responsibility is inherent in the exercise of every right. It is impossible to list all student responsibilities, but it must be emphasized that the lack of responsibility means a weakening of rights. Correspondingly, it is impossible to list all the rights of students. Therefore, the following list of rights shall not be construed to deny or limit others retained by students on their own campus in their capacity as members of the student body or as citizens.

Nothing set forth herein shall be construed as exempting a student from being subject to discipline for engaging in behavior that violates the law, or Board Policies such as the Student Code of Conduct, Harassment, Discrimination, etc. Although the Student Bill of Rights does not exempt a student for being subject to discipline for engaging in behavior that violates the law or Board Policies, such as the Student Code of Conduct, Harassment, Discrimination, etc., students are still entitled to due process relative to such violations.

1. FREEDOM OF SPEECH AND PRESS
   1. The school shall make no rules respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of people to peaceably assemble, and to petition the government for a redress of grievances.
      1. Students shall have the right to post any literature of a noncommercial nature without prior censorship or approval by the Administration or School Board in any designated posting area, provided, however, the principal or designated representative shall be accorded the right to remove posted material they consider obscene, libelous or will cause material disruption of the educational environment. The name and address of the person posting the literature must be listed on the literature itself to underscore its independence of the school. The removal of material by the principal or designee may be appealed to the Assistant Superintendent. The decision of the Assistant Superintendent may be appealed to the Superintendent. The decision of the Superintendent may be appealed to the Board of Education at its next regular meeting after the decision of the principal or designee if the next regular meeting is scheduled to occur more than five days after the removal of the posted material by the principal or designee. If the removal is made within five days of the next regular meeting of the Board, the decision may be subject to appeal at the Board's following meeting.
      2. Students shall have the right to distribute newspapers or other printed material of a noncommercial nature both inside and outside the school building on school grounds without prior authorization of the school administration or School Board provided, however, the time, place and manner of distribution may be limited to prevent substantial interference with educational activities. The name and address of the person distributing or posting the literature must be listed on the literature itself to underscore its independence of the school. The principal or designee may curtail distribution of material he/she considers obscene, libelous or will cause material disruption of the educational environment. The decision of the principal or designee may be appealed to the Assistant Superintendent. The decision of the Assistant Superintendent may be appealed to the Superintendent. The decision of the Superintendent may be appealed to the Board of Education at its next regular meeting after the decision of the principal or designee if the next regular meeting is scheduled to occur more than five days after the original decision of the principal or designee. If the original suspension decision is made within five days of the next regular meeting of the Board, the decision may be subject to appeal at the Board's following meeting.
      3. All school sponsored student publications shall be produced by students. A school sponsored publication is one in which the school provides the resources to support the publication. Editing shall be done by student editors, chosen by the publications staff. The principal or designated representative shall be accorded the opportunity to review material to be printed prior to publication and may suspend publication of material he/she considers obscene, libelous, illegal, will cause material disruption of the educational environment or for other reasons related to legitimate pedagogical concerns, e.g., disclosure of confidential student information. The decision of the principal or designee may be appealed to the Assistant Superintendent. The decision of the Assistant Superintendent may be appealed to the Superintendent. The decision of the Superintendent may be appealed to the Board of Education at its next regular meeting after the decision of the principal or designee if the next regular meeting is scheduled to occur more than five days after the original decision of the principal or designee. If the original suspension decision is made within five days of the next regular meeting of the Board, the decision may be subject to appeal at the Board's following meeting. The copy of the procedures should be submitted to all editors and staff members of school publications.
      4. Students shall have the right to wear buttons, armbands, and other badges or symbolic expression provided these expressions are not obscene, libelous, or cause material disruption of the educational environment.
      5. Students shall have the right to choose their own dress, conduct, and personal appearance, insofar as they do not substantially disrupt, pose a clear and present danger to school operations, present an obscene appearance, or endanger health or safety. Notwithstanding the students' right to choose their own dress, unless otherwise approved by the Principal, hats and other headwear and coats must be kept in lockers during school hours.
      6. Students shall have the right to demonstrate dissent in any lawful manner as long as they do not substantially disrupt, or pose a clear and present danger to school operations. Individual students who violate specific school rules or city ordinances are individually responsible for these acts and shall be dealt with according to established procedures.
      7. Students have the right to present petitions, complaints, or grievances to school authorities and the right to receive prompt authoritative replies from school authorities regarding the disposition of their petitions, complaints or grievances.
      8. Students have the right to respect from teachers and administrators, which would exclude their being subjected to cruel and unusual punishments, especially those which are demeaning or derogatory, or which diminish their self-esteem.
2. USE OF SCHOOL FACILITIES
   1. Any student, or group of students, may use any school facility (e.g., meeting rooms, reproduction machines, etc.) at cost, provided that it is not needed for scheduled educational purpose and pursuant to Board of Education Policy. During school hours, at the discretion of the Principal, students may use District space (e.g., meeting rooms) at no cost.

      It is the policy of the Board to encourage and facilitate parental involvement in their children's educational experiences. Communication between parents/guardians and teachers and other staff regarding individual students is appropriate and important to all grade levels. Individual schools also have the responsibility to communicate to parents/families relevant information about school policies, expectations, and activities, as well as to ensure reasonable parental access to their child's classroom, to the school, and to its personnel.

      The Board recognizes that parental and family involvement at school-sponsored activities contributes positively to student achievement. Therefore, the Board urges individual schools to facilitate such participation by all families, and specifically to ensure that family members are not prevented from participating in any such activities for financial reasons.

3. FREEDOM OF POLITICAL ACTIVITY
   1. Students may not in any way be penalized for any political or moral beliefs which they have though they may be held responsible for their actions taken in line with those beliefs.
   2. Students may form political organizations in the school so long as they do not have discriminatory membership restrictions.
   3. Students shall have the privilege to plan and carry out voluntary forums, assemblies, seminars and school programs of a political nature so long as they do not substantially disrupt or pose a clear and present danger to school operations.
   4. Attendance at all assemblies shall be optional for students except those assemblies explicitly called for the efficient operation of the school.
4. DUE PROCESS
   1. All students shall have the right to due process of law.
      1. Students shall receive annually, upon the opening of school, a publication including, with reasonable specificity, a list of school rules, procedural rights, and the penalties which may be imposed for the violation thereof.
      2. In all cases where major punishment may be the end result but not limited to, forced transfer to another school; refusal to grant a diploma, etc., students shall have the following procedural rights. Major punishment does not include discipline as it pertains to interscholastic athletics or any other disciplinary action set forth in the Student Code of Conduct except expulsion. Students who are accused of violating the Athletic Code are provided with due process under the procedures set forth in the Athletic Code.
         1. The student shall have the right to at least a three (3) day notice in writing, of any charges against him/her which might result in major punishment and before such major punishment is commenced, with enough specificity if he or she so demands, to allow him or her to respond to said charges.
         2. The student or designated counsel shall be allowed to inspect at least 24 hours prior to any hearing exhibits which will be submitted in evidence.
         3. A student subject to expulsion shall only be entitled to a hearing pursuant to Board Policy and the law. However, if a student is not subject to expulsion and if the student so desires, s/he shall be entitled to a hearing before a Board of Inquiry to be conducted under certain rules, which include but are not limited to such rules as set forth herein in paragraphs a. through l. This Board shall be composed of one person appointed by the student's School Principal; one person appointed by the parent or guardian of the student; and one person appointed by the President of the Board of Education. Any decision of a majority of this Board shall be final. This hearing may be public or private at the option of the student and a written request for such hearing must be submitted to the building principal within seven days after the letter has been mailed. Any heretofore decreed punishment under this section shall be stayed pending this hearing which shall be held at the earliest moment practicable.
         4. The student shall have the right of representation by a lawyer or some other person of his/her own choice at his/her own expense.
         5. The student, and if the student is a minor, the parent or guardian, shall be given the name(s) of attorneys or organizations, if available, who can provide indigent students with legal representation at no cost to the student or his/her parent/guardian.
         6. The burden of proof at the hearing shall be on the school. The school shall present evidence that establishes beyond a reasonable doubt that the student is guilty of the offense. The rules of evidence that would be used in an expulsion hearing shall apply to hearings held by the Board.
         7. The student (and/or counsel) shall have the right to confront and cross examine any witness against him/her; the right to present a defense to charges and to produce oral testimony in his/her behalf.
         8. Determination of guilt or innocence of the charges shall be based solely on evidence presented at the hearing.
         9. If a student requests at least 24 hours before the hearing a written transcript of the hearing record, it shall be made available after the Board has reached a decision with the cost of said transcript to be borne by the Board of Education.
         10. Every student shall be free from forced self-incrimination.
         11. Any student may file a written waiver with the school of any rights under this Section.
         12. All hearings where the ultimate result could lead to expulsion must be held before the Board of Education, or its designee.
      3. Short-term suspension (five days or less) may be imposed by the administration of the school only in cases where school rules (as printed) have been violated beyond a reasonable doubt and the stated punishment for violation of these rules is suspension. The Principal shall notify the parents in writing of the facts of the suspension and that the notification should also indicate that a pupil or his/her parents may, within five school days following commencement of the suspension, have a conference with the Superintendent or his/her designee to appeal the suspension and if the Superintendent or his/her designee determines that the student should not be suspended, that the Superintendent or his/her designee may have the suspension expunged from the student's record. A copy of the letter addressed to parents notifying them of the facts of the suspension shall be on file at the school. Appeals pertaining to suspensions shall be directed to the Superintendent or his/her designee. Work missed during the period of suspension may be made up through a student's own initiative. Work includes homework, class work, tests, and time missed in courses such as physical education. The absence from school during a suspension shall be considered an excused absence.
      4. A good faith effort shall be made to hold a conference with the parents of a suspended student following each suspension.
   2. The school shall not collect or keep in its files any information which is not necessary for and directly relevant to a student's academic work and the school's education purpose.
      1. A student and his/her parents shall have the right to examine his/her files by appointment. Students' records shall be under the supervision of school personnel while being examined. A counselor or other appropriate school officials may be requested to aid in interpreting test scores and related material.
      2. Files shall be made available to persons in accordance with student record confidentiality laws and Board Policy 4150 et sequel.
      3. Students and their parents shall have the right to write and insert in their files comments or responses to anything contained in the file.
      4. Personal behavior files shall not be used as a method of evaluation of academic performance.
   3. Decisions concerning students' rights made by local school personnel are subject to review and may be appealed to the Assistant Superintendent, Superintendent of Schools, the Board of Education, and then the courts.
   4. Except with respect to participation in athletics and as provided in Board Policies 4502 and 4045, as well as Wis. Stats., Section 120.13(1)(c), students shall be free from the school's jurisdiction in all non-school activities, be it their conduct, their movements, their dress, or expression of ideas. Except with respect to participation in athletics and as provided in Board Policies 4502 and 4045, as well as Wis. Stats., Section 120.13(1)(c), no disciplinary action may be taken by the school for non-school activities provided the student does not claim, without authorization, to speak or act as a representative of the school. When a non-school activity results in police action, it is an infringement on the student's liberty for the school, except with respect to participants in athletics and as provided in Board Policies 4502 and 4045, as well as Wis. Stats., Section 120.13(1)(c), to punish the student for that activity, or to enter it on the school record, or report it to prospective employers or other agencies, unless authorized by the student.
5. PERSONAL COUNSELING

   All students shall have the right to receive information in school on matters of personal concern pursuant to Board of Education policy and statutory limitation.

   In accordance with Board Policy and the law, counselors shall maintain confidentiality regarding information they receive from students.

6. RIGHT TO A QUALITY EDUCATION
   1. Students shall be afforded the opportunity of representation on curriculum planning committees and to the widest extent possible be included in other decision-making bodies affecting the quality of education.
   2. Students shall have the right to comment on the performances of administrators, faculty, and courses, to improve the quality of education. These comments will be available only to the person or course being discussed in the comment.
   3. Each student will have the right and responsibility for planning his/her education although students under 18 will require the consent of their parents. The interest, desires and capabilities of each individual student shall be considered in the planning of his/her academic program. The advice of the school professional staff is available to each student in his planning.
   4. Students shall have the privilege of open campus where the program presently exists. When determining whether the open campus privilege will be accorded in a particular school, the views of the surrounding community, the Administration, the teachers and the students of the school must be taken into account. The principal or parent has the right to revoke the open campus privilege of any individual.
   5. Students are encouraged to bring their concerns and complaints to the attention of their teachers for the purpose of having their concerns and complaints resolved by the teachers. However, a student has the right to either file a complaint under the District's complaint procedures, such as the General or Discrimination Complaint Procedures or file a written complaint with the Principal or his/her designee. If a student files a written complaint with the Principal or his/her designee, the Principal or his/her designee shall respond to the complaint as soon as practicable. Such response may include investigation, mediation, taking or recommending that disciplinary action be taken, referral of the complaint to the appropriate District officials, etc. The resolution to the extent possible shall resolve the problem with respect to all parties involved. No student who files a complaint or expresses a concern shall be subject to recrimination.
   6. Students shall be consulted regarding any changes to the Student Bill of Rights. The Student Senate shall be formally consulted regarding any changes to the Student Bill of Rights.
   7. With respect to employment and personnel operations the Madison Metropolitan School District (MMSD) does not discriminate on the basis of: religion, race, color, national origin, ancestry, age, sex, physical appearance, marital status, handicap, arrest or conviction record, political belief, sexual orientation, gender identity, gender expression, less than honorable discharge, source of income or the fact that an individual is a student. Employees shall function in a harassment-free work atmosphere and enjoy working conditions free from physical, verbal or psychological harassment.

      [NOTE: The City of Madison defines gender expression in Madison City Ordinance Sec. 3.23 (2)(t) as follows:

      Gender Identity is the actual or perceived condition, status or acts of 1) identifying emotionally or psychologically with the sex other than one's biological or legal sex at birth, whether or not there has been a physical change of the organs of sex; 2) presenting and/or holding oneself out to the public as a member of the biological sex that was not one's biological or legal sex at birth;

      This means that gender identity refers to an individual's fundamental sense of themselves as being male or female, masculine or feminine. Gender identity does not always correspond to biological sex.

      The City of Madison's Ordinance Sec. 3.23 (2)(t) continues its definition of gender identity with an explanation of what is referred to as gender expression.

      3) lawfully displaying physical characteristics and/or behavioral characteristics and/or expressions which are widely perceived as being more appropriate to the biological or legal sex that was not one's biological or legal sex at birth, as when a male is perceived as feminine or a female is perceived as masculine; and/or4) being physically and/or behaviorally androgynous.

      This means that gender expression refers to the things like clothing and behavior that manifest a person's fundamental sense of themselves as masculine or feminine, and male or female. This can include but not be limited to dress, posture, hairstyle, jewelry, and vocal inflection.]

   8. With respect to educational programs no person shall be denied admission to any MMSD school, or be denied participation in, be denied the benefit of or be discriminated against in any curricular, extra-curricular, pupil services, recreational or other program or activity because of the person's sex, race, national origin, ancestry, creed, pregnancy, marital or parental status, sexual orientation, gender identity, gender expression, or physical, mental, emotional or learning disability.

      [NOTE: The City of Madison defines gender expression in Madison City Ordinance Sec. 3.23 (2)(t) as follows:

      Gender Identity is the actual or perceived condition, status or acts of 1) identifying emotionally or psychologically with the sex other than one's biological or legal sex at birth, whether or not there has been a physical change of the organs of sex; 2) presenting and/or holding oneself out to the public as a member of the biological sex that was not one's biological or legal sex at birth;

      This means that gender identity refers to an individual's fundamental sense of themselves as being male or female, masculine or feminine. Gender identity does not always correspond to biological sex.

      The City of Madison's Ordinance Sec. 3.23 (2)(t) continues its definition of gender identity with an explanation of what is referred to as gender expression.

      3) lawfully displaying physical characteristics and/or behavioral characteristics and/or expressions which are widely perceived as being more appropriate to the biological or legal sex that was not one's biological or legal sex at birth, as when a male is perceived as feminine or a female is perceived as masculine; and/or4) being physically and/or behaviorally androgynous.

      This means that gender expression refers to the things like clothing and behavior that manifest a person's fundamental sense of themselves as masculine or feminine, and male or female. This can include but not be limited to dress, posture, hairstyle, jewelry, and vocal inflection.]

      If you believe you have been discriminated against or harassed on the basis of a protected status, you may make a claim that your rights have been denied. Students are encouraged to bring their concerns, complaints and grievances to the attention of their teachers for the purpose of having their concerns, complaints, and grievances resolved by their teachers. However, a student has the right to either file a complaint under the District's complaint procedures or file a written complaint with the Principal or his/her designee. You may obtain a copy of the grievance procedure and receive assistance in filing a complaint by contacting either the Affirmative Action/Title IX Coordinator, District Administration Building, 545 West Dayton Street, Madison, Wisconsin 53703, telephone 663-1530 or the District's Legal Counsel, District Administration Building, 545 W. Dayton Street, Madison, Wisconsin, 53703, telephone 663-1868.

3/1/04

Last Updated: Thu Aug 7 13:47:38 2008
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