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Previous Page |Table of Contents | LPS Policies Page
The Commonwealth of Massachusetts guarantees "an adequate publicly supported education to every child resident." This right cannot be denied "on the basis of national origin, sex, economic status, race, religion, and physical or mental handicap." Any person pregnant or married has the same right to an education.
In Massachusetts, a child between the ages of six and 16 is required by law to attend an approved educational institution unless legally excused. All persons from 3 through 21 have the right to an education to suit their individual needs as may be determined through an evaluation process. This process is designed to provide all children unable to function in the regular educational program with an educational plan suited to their special needs. This plan is created as a result of assessments made by psychologists, social workers, physicians, teachers and other professionals.
The evaluation process guarantees due process rights for parents, individualized educational plans, careful and non- discriminatory use of testing, and educational placements in the least restrictive settings. Questions about referrals and eligibility for support services should be directed to the school principal.
Discrimination on account of sex is prohibited by the United States Constitution and federal law. In Massachusetts, the law is more comprehensive than the federal law. For example, Chapter 622 and its implementing regulations include in their coverage the prohibition of sex bias in instructional materials, an area not covered in the federal regulation. It is the policy of the Commonwealth of Massachusetts to afford all persons, regardless of race, color, sex, religion, national origin, economic status or handicap, equal rights and opportunities in the educational institutions within the State, as described by the guidelines of school policy.
Students have the right to assemble peacefully. The Students Rights and Responsibilities Law guarantees "the right to assemble peaceably, with the responsibility to obtain prior approval of school officials."
There is an appropriate time and place for the expression of opinions and beliefs. Conducting or participating in demonstrations which substantially interfere with the operation of the school or classroom is prohibited. All student meetings in school buildings or on school grounds may function only as part of the formal educational process or as authorized by school authorities. Organizations that meet the above conditions are entitled to equal rights of peaceable assembly on school property.
It is the responsibility of the school to protect the religious freedom of students.
Students have the right to practice their own religious beliefs as long as they violate neither the constitutional rights of others nor the Supreme Court’s prohibition on the school’s extending the mantle of public sanction or support to any particular religion.
Students have the right to study, examine, discuss, and analyze religious ideas and institutions just as they might explore any other subject included in the curriculum of the Lexington Schools; therefore, the study of religion and religious holidays as an academic subject or as part of a foreign culture is appropriate.
Certain rights and privileges pertaining to patriotic ceremonies are afforded by the First Amendment.
A student may decline to participate in the salute to the flag, the Pledge of Allegiance, and the singing of the National Anthem. The school may not force the student to leave the room or otherwise punish the student. Students who choose to refrain from participation have a responsibility to respect the rights and interest of others who do wish to participate in the ceremony. The student may refuse to perform the ceremony in a manner that will not disrupt the ceremony for other persons.
The First Amendment provides, "Congress shall make no law 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 the people peaceably to assemble, and to petition the government for a redress of grievances." Not only is Congress prohibited from infringing upon rights guaranteed by this amendment, but also state officers and employees, school directors, superintendents, principals, and teachers. The chief purpose of the First Amendment is to encourage a free expression and exchange of ideas however unusual, unpopular, distasteful, or radical, without threat of punishment or reprisal. This free expression and exchange is vital to education in a democracy.
Therefore:
Students have the right of freedom of expression, subject only to the responsibilities to keep such expression from disrupting the educational process, and to allow other points of view to be expressed.
Students also have the right to be free from dress codes, subject only to the responsibility to observe reasonable standards of health, safety and cleanliness.
Free speech and expression include not only the actual saying of words, but also symbolic speech such as the wearing of buttons, arm-bands, decals, and the like. (A student’s right to exercise this freedom may not be limited merely because there is a hypothetical fear of disturbance).
Freedom of press includes not only the printing and distribution of a school newspaper, but also the printing and distribution of other newspapers, magazines, pamphlets, leaflets and other literature.
Parents, students and former students are guaranteed the rights of confidentiality, inspection, amendment, and destruction of student records. Specifically:
A parent has the right to inspect the school records of his/ her child;
A parent has the right to a hearing to contest records that are allegedly inaccurate, misleading, or in violation of the rights of privacy of the student;
Search of an area assigned to a student shall be made in the presence of a witness and, when reasonably possible, in the presence of the student;
Illegal items as defined by federal, state, or local law or a provision of this policy and which may reasonably be determined to be a threat to health, safety, or security of others may be seized by the school authorities and turned over to the police department; and
Items which are used to disrupt or interfere with the educational process may be temporarily removed from a student' s possession.
With a few exceptions, no individuals or organizations but the parent, student, and school personnel working directly with the student are allowed to have access to information in the student record without the specific, informed, written consent of the parent or the student.
While "reasonable" corporal punishment is permissible in certain other states, Massachusetts law clearly forbids it:
The power of the School Committee or of any teacher or other employee or agent of the School Committee to maintain discipline upon school property shall not include the right to inflict corporal punishment upon any pupil.
The above statement, however, refers only to punishment. As the student has the right to protection from bodily harm, so do all other members of the community. Therefore, in instances where there is a need for a teacher, Principal, or other school official to defend himself or others, to divest a student of a dangerous instrument, or to prevent injury to property, reasonable force may be used. All acts and threats of physical violence are inconsistent with the maintenance of the humane institution and are prohibited.