Student Rights and Responsibilities

Civil and Legal Rights and Responsibilities, Conduct, Due Process, and Sanctions Consonant with the laws of the state of Washington, the Washington Administrative Code, the Washington State Constitution, and the United States Constitution, students attending Evergreen School District 114 shall be entitled to the following substantive and procedural rights:

Student Rights

Students shall have the right to:

• Citizenship as delineated in the United States Constitution.\
• Be secure in their persons, papers, and effects against unreasonable searches and seizures.
• Freedom of inquiry, speech, expression, and assembly subject to reasonable limitations upon the time, place, and manner of exercising such rights.
• Present petitions, complaints, or grievances to school authorities and the right to prompt authoritative replies subject to reasonable limitations upon the time, place, and manner of exercising such right.
• Equal educational opportunity and freedom from discrimination because of race, religion, sex, national origin, economic status, marital status, pregnancy, previous arrest or incarceration, or a physical, mental, or sensory handicap.
• Use established channels to voice their opinions in the development of curriculum.
• Advise in the development of rules and regulations to which they are subject and to be instructed on rules and regulations as related to their rights and corresponding responsibilities.
• Consult with teachers, counselors, administrators, and other school personnel.
• Freedom of dress and personal appearance as long as appearance and dress are consistent with health and safety regulations and the maintenance of an orderly educational process.
• Expect fair and equitable treatment from school authorities. Be free from unlawful interference in their pursuit of an education while in the custody of school authorities.
• View the contents of their Cumulative Academic Record and to be apprised, with parental permission, of the contents of their Supplemental Record at reasonable times during school hours upon request.
• Know the requirements of the course of study and to know on what basis their grade will be determined.
• Be involved in school activities provided they meet the reasonable qualifications of the sponsoring organizations.
• Procedural due process whenever they are subject to disciplinary action, suspension, or expulsion by school authorities.
• Physical safety.
• Safe buildings and sanitary facilities.
• Act in their own behalf in matters which affect their role as students at the time they become 18 years of age, except that parents or guardians of a dependent student shall receive notification of matters affecting such student.

Student Responsibilities

Students attending Evergreen Public Schools shall have the responsibility to:

• Attend school daily and be on time to all classes and pursue his or her course of studies.
• Be aware of all rules governing student behavior and to conduct themselves accordingly.
• Submit to reasonable corrective action or punishment imposed by school authorities.
• Express their opinions and ideas in a respectful manner so as not to libel or slander others.
• Dress in a manner that is not disruptive to the educational process and is not threatening to the health and safety of themselves or others.
• Conduct themselves in a manner that will not disrupt their education nor disrupt or deprive others of their education.
• Exercise self-discipline in adhering to established rules and regulations so as not to limit or impede the due process rights of others.
• Follow established procedures in seeking changes in those policies, rules, or regulations that affect them and with which they disagree.
• Comply with the lawful instructions of school employees in the performance of their duties.
• Identify themselves, upon request, to any school district personnel or authorities in the school building, on school grounds, at school sponsored events, or on school buses.

Student Conduct

District policy and rules of conduct shall be applicable to all students in any program or activity conducted by Evergreen Public Schools. Rules and procedures shall be developed that govern the conduct of students on school premises (or in reasonable proximity thereto) or off school premises at any school-sponsored activities, that protect the health and safety of individuals and property on the school grounds and at school-sponsored activities, and that insure a proper learning environment prevails in the classroom.
  
Individual schools in the district may develop their own written set of rules and sanctions that are consistent with Evergreen Public Schools policy and that are appropriate to the operation of the particular school.

Any student who willfully violates or fails to follow district or individual school rules or regulations, or performs any act that materially interferes with or is detrimental to the orderly operation of a classroom or school, a school-sponsored activity, or any other aspect of the educational process in Evergreen schools, shall be subject to discipline, suspension, or expulsion. Corporal punishment, which consists of spanking or striking a student, will not be used in Evergreen Public Schools. In the case of Civil and Legal Rights and Responsibilities, etc., suspension, the nature and circumstances of the violation must reasonably warrant a suspension and the length of the suspension imposed. As a general rule, no student shall be suspended unless another form of corrective action or punishment reasonably calculated to modify his or her conduct has previously been imposed upon the student as a consequence of misconduct of the same nature. If, however, the violation of school district rules for student conduct constitutes "exceptional misconduct" as defined below, suspension may be imposed notwithstanding the fact that prior alternative corrective action or punishment has not been imposed upon the student involved. Disciplinarians and hearing officers may grant exceptions to the suspension of students who are guilty of "exceptional misconduct" in cases involving extenuating and/or exceptional circumstances.

"Exceptional misconduct" is a violation of district rules for student conduct which is so serious in nature and/or is so serious in terms of the disruptive effect upon the operation of the school(s) as to warrant an immediate resort to suspension. Any of the acts outlined in board policy as constituting sufficient cause for discipline, suspension or expulsion may, under given circumstances, constitute "exceptional misconduct" in the judgment of the administrator based upon the type and severity of the act and the age of the student. Such acts shall include, but not be limited to, those enumerated below:

• Arson.
• Physical assault.
• Possession or use of dangerous weapons or objects.
• Possession of any firearm including, but not limited to, any handgun, rifle, shotgun or look-a-like toy gun. IN ACCORDANCE WITH RCW 9.41.280, ANY STUDENT SHALL BE EXPELLED WHO CARRIES A FIREARM ONTO SCHOOL PREMISES, SCHOOL-PROVIDED TRANSPORTATION, OR OTHER AREAS BEING USED EXCLUSIVELY FOR SCHOOL PURPOSES.
• Extortion.
• Harassment, including, but not limited to, the intimidation of another student or a staff member or any other malicious act intended to substantially harm the physical or mental health of the person(s) threatened.
• Theft.
• Cheating or plagiarism.
• Disruptive dress.
• Disruptive behavior, including tardiness.
• Defiance of reasonable instruction of school authority, including refusal to identify oneself.
• Immoral conduct.
• Fighting.
• Use or possession of alcoholic beverages.
• Possession or use of any controlled substance as defined by RCW Chapter 69.50 (including without limitation, any narcotic drug, hallucinogenic substance or marijuana) not prescribed by a physician for such possessor or user.
• Sale or delivery of any controlled substance to another person.
• Possession of drug paraphernalia intended or designed for use, storage, or distribution of any controlled substance except to the extent authorized by a physician for such possessor.
• Abuse by inhalation, ingestion, or otherwise of any substance for its intoxicating effect.
• Use or possession of any tobacco products, including smokeless or look alike tobacco, by students in grades K-12.
• Littering.
• Use of vulgarity or profanity.
• Verbal abuse.
• Destruction or defacing of school property.
• Truancy or unauthorized absence from class.
• Committing a criminal act as defined by law.
• Interference by force or violence with a teacher, administrator, classified employee, student, or any other person.
• Failure to conform to the high school driving and parking regulations (procedures #5131.3).
• Repeated violations of the foregoing acts.
• Intimidation or bullying of any teacher, administrator, classified employee, student, or others by threat of force or violence.

Appropriate sanctions for acts that result in discipline, suspension, or expulsion shall be developed and appended to the administrative procedures attached hereto.

Students riding buses to and from school shall comply with the rules and conduct set forth in this policy in addition to those rules adopted by the board and authorized by the Superintendent under Policy 8123. School bus drivers shall possess the authority to discipline students for misconduct that violates such rules.