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School Issues


BASIC INFORMATION

Students enrolled in the Special Education program have different regulations that may or may not be consistent with the information listed on this web site. For more information on Special Education regulations, please contact your local Board of Education or visit your local Board's web site by clicking on the corresponding links throughout this page.

Also, for each of the subtopics listed in this section, be sure to click on the link for your county as each county has policies local to that particular jurisdiction.


  1. Student Rights and Responsibilities
  2. Truancy
  3. Suspension and Expulsion Procedures
  4. Homeless Students
  5. Searches
  6. Bullying
  7. Enrollment

 STUDENT RIGHTS AND RESPONSIBILITIES

What are my rights as a student?  See your Student Handbook.

  • Right to an education.
  • Right to freedom of expression.
  • Right to participate in patriotic exercises.
  • Right to freedom from corporal punishment.
  • Right to due process and appeal.
  • Right to freedom from harassment and discrimination.
  • Right to freedom from unreasonable search and seizure of property.
  • Right to confidentiality of and access to student records.

 TRUANCY

Maryland law requires all children between the ages of 5 and 16 who live in this state to attend school unless excused with a lawful absence.

An absence is determined in full and half days. A full day is when you are absent more than one hour of the school day. An absence is when you are present one hour or less of the school day. A half-day is when you are present more than one hour and absent more than one hour.

Legal consequences can occur when a student is unlawfully truant from school for any number or portion of days exceeding 20% of the school days within a marking period.

What are some reasons that a student is lawfully absent?

  • Death in the immediate family
  • Illness
  • Suspension
  • Court summons
  • Hazardous weather conditions
  • Observance of a religious holiday

 SEARCHES

A school administrator, in the presence of another person, may search a student on school premises or on a school sponsored trip if he/she reasonably believes that a student has in his/her possession any item the possession of which is a criminal offense under state laws or a school board policy.

What are a few items that are illegal for students to possess?

  • Weapons
  • Illegal Drugs
  • Alcohol
  • Pornographic material

A school administrator may search the school building and its surroundings as well as a student's locker-even without a reasonable suspicion. The school building and the lockers are classified as school property.

 ENROLLMENT

Students between the ages of 5 and 16 must be enrolled in school. Some reasons why students may withdraw from school include:

  • Illness*
  • Discipline*
  • Poor performance - must be at least 16 years of age
  • Lack of interest - must be at least 16 years of age
  • Expulsion
  • Death
  • Transfer to another school
  • Transfer to home schooling

*These withdrawals from school are intended to be temporary.



Source: MSBA, Leadership Academy Fellow, Dawn Barnett.
Last legal update or review: March 21, 2006, Dawn Barnett.
Edited by the Maryland Legal Assistance Network 9/14/06 (MLAN/AC)


 
Is this legal advice?  This site offers legal information, not legal advice.  We make every effort to ensure the accuracy of the information and to clearly explain your options.  However we do not provide legal advice - the application of the law to your individual circumstances. For legal advice, you should consult an attorney.  See our section on Finding Legal Help.

About this website. The Maryland Legal Assistance Network (MLAN) sponsors this site in collaboration with a number of legal services providers serving low and moderate income Marylanders. The Legal Aid Bureau is a major partner and contributor. In addition, a wide range of attorneys and advocacy organizations provide the information on the site. Most files indicate author and attribution information. In the absence of file-specific attribution or copyright, the Maryland Assistance Network (MLAN/MLSC) holds the copyright (all rights reserved) subject to the following exception. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: People’s Law Library of Maryland – www.peoples-law.org © Maryland Legal Assistance Network / MLSC, 1999-2007.”

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