5780 - STUDENT/PARENT RIGHTS

The School Board of Polk County

Bylaws & Policies

Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the bylaws and policies of The School Board of Polk County were adopted on November 12, 2013 and were in effect beginning November 12, 2013.

5780 - STUDENT/PARENT RIGHTS

The School Board recognizes that students possess not only the right to an education but the rights of citizenship as well. Federal and State law prohibit the Board from adopting any policy or rule, or from entering into any agreement, that infringes upon or waives the rights of freedoms afforded to students by the United States Constitution and its amendments.

In providing students the opportunity for an education to which they are entitled, the District shall attempt to offer nurture, counsel, and custodial care appropriate to their age and maturity. The District shall, at the same time, guarantee that no student is deprived of the basic right to equal treatment and equal access to the educational program, due process, a presumption of innocence, free expression and association, and the privacy of his/her own thoughts.

Attendant to the rights guaranteed to each student, however, are certain responsibilities, which include respect for the rights of others, obedience to properly constituted school authority, and compliance with the procedures and rules of the District.

The Board realizes that as students differ in age and maturity, so they differ in ability to handle both the rights of citizens and the concomitant responsibilities. The exercise of each right shall be granted, therefore, with due regard for the degree of responsibility possessed by the student and the student's need for the continuing guidance and control of those responsible for his/her education.

Since a student who has reached the age of majority possesses the full rights of an adult, s/he may authorize those school matters previously handled by his/her parents, but s/he also assumes the responsibility for his/her performance in school, attendance, and compliance with school rules.

All K-12 students in Florida are entitled to a uniform, safe, secure, efficient, and high quality system of education, one that allows students the opportunity to obtain a high quality education. Parents are responsible to ready their children for school; however, neither the State of Florida nor the District can be a guarantor of any individual student’s success.

Parental Access at School

Each parent has the right to pick-up, visit, and meet with his/her student at school, without interference of or the need for consent from the other parent, unless the school has received a certified copy of an enforceable court order that provides to the contrary. The principal may restrict the times, location, frequency, and length of parent visitations at school, based on legitimate pedagogical or scheduling reasons. The District will abide by enforceable "no contact orders" which have been provided to the school.

(See also Policy 5112 - Entrance Requirements)

Educational Decisions

Both parents have an equal right to make decisions about the education and welfare of their student, unless the school has received a certified copy of an enforceable court order that specifies that one of the parents, or someone else, has the sole right to make educational and/or general welfare decisions for the student.

If the parents cannot agree on a significant decision about the student’s education or on matters affecting the health, safety, or welfare of the student, the school will take action based on what it considers to be in the best interests of the child.

Attendance

	A.	Termination of Enrollment

		A student who attains the age of sixteen (16) years during the school year has the right to file a formal declaration of intent to terminate school enrollment if the declaration is signed by the parent. The parent has the right to be notified by the District of its receipt of the student’s declaration of intent to terminate school enrollment. (see also Policy 5130 - Withdrawal from School)

	B.	Married or Pregnant

		Students who become or have become married or who are pregnant and parenting have the right to attend school and receive the same or equivalent educational instruction as other students. (see also Policy 5751 - Parental-Married Status of Students)

	C.	Compulsory Attendance

		Parents of students who have attained the age of six (6) years by February 1st of any school year but who have not attained the age of sixteen (16) years must comply with the compulsory school attendance laws. Parents have the option to comply with the school attendance laws by attendance of the student in a public school; a parochial, religious, or denominational school; a private school; a home education program; or a private tutoring program. (see also Policy 5112 - Entrance Requirements and Policy 5200 - Attendance)

	D.	Absence for Religious Purposes

		A parent of a student may request and be granted permission for absence of the student from school for religious instruction or religious holidays. (see also Policy 5223 - Absences for Religious Instruction and Policy 5225 - Absences for Religious Holidays)

	E.	Dropout Prevention and Academic Intervention Programs

		The parent of a student has the right to receive written notice by certified mail prior to placement of the student in a dropout prevention and academic intervention program. The parent will be notified in writing and entitled to an administrative review of any action by school personnel relating to the student’s placement.

Health Issues

	A.	School-Entry Health Examinations

		A student shall be exempt from the requirement of a health examination upon written request from their parent stating objections on religious grounds. (see also Policy 5112 - Entrance Requirements)

	B.	Immunizations

		A student shall be exempt from the school immunization requirements upon meeting any of the specified exemptions. (see also Policy 5320 - Immunizations and Policy 5112 - Entrance Requirements)

	C.	Biological Experiments

		Parents may request that their child be excused from performing dissection in biological science classes.

	D.	Reproductive Health and Disease Education

		A public school student whose parent makes written request to the school principal shall be exempted from the teaching of reproductive health or any disease, including HIV/AIDS. (see also Policy 2417 - Comprehensive Health Education)

	E.	Contraceptive Services to Students

		Students may not be referred to or offered contraceptive services at school facilities without the parent’s consent.

	F.	Career Education Courses Involving Hazardous Substances

		High school students must be given safety glasses or devices in career education courses involving the use of hazardous substances which may cause eye injury.

	G.	Substance Abuse Reports

		The parent of a student must be timely notified of any verified report of a substance abuse violation by the student.

	H.	Inhaler Use

		Asthmatic students whose parent and physician provide their approval to the school principal may carry a metered dose inhaler on their person while in school. The school principal shall be provided a copy of the parent’s and physician’s written approval. (see also Policy 5330.01 - Self-Administered Medication and Epinephrine Use)

	I.	Epinephrine Use and Supply

		A student who has experienced or is at risk for life-threatening allergic reactions may carry an epinephrine auto-injector and self-administer epinephrine by auto-injector while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities, if the school has been provided with written parental and physician authorization.

		The School District shall be indemnified by the parent of a student who is authorized to carry an epinephrine auto-injector for any and all liability with respect to the student’s use of an epinephrine auto-injector pursuant to this policy.

	The District and its employees and agents, including the physician who provides the standing protocol for school epinephrine auto-injectors, are not liable for any injury arising from the use of an epinephrine auto-injector administered by trained school personnel who follow the adopted protocol and whose professional opinion is that the student is having an anaphylactic reaction:

	1.	unless the trained school personnel’s action is willful and wanton;

	2.	notwithstanding that the parents or guardians of the student to whom the epinephrine is administered have not been provided notice or have not signed a statement acknowledging that the School District is not liable; and

	3.	regardless of whether authorization has been given by the student’s parents or guardians or by the student’s physician, physician’s assistant, or advanced registered nurse practitioner.

	The District and its employees and volunteers shall be indemnified by the parent of a student who is authorized to carry diabetic supplies or equipment for any and all liability with respect to the student’s use of such supplies and equipment pursuant to this policy.

	(see also Policy 5330.01 - Self-Administered Medication)

J.	Use of Prescribed Pancreatic Enzyme Supplements

	A student who has experienced or is at risk for pancreatic insufficiency or who has been diagnosed as having cystic fibrosis may carry and self-administer a prescribed pancreatic enzyme supplement while in school, participating in school-sponsored activities, or in transit to or from school or school-sponsored activities, IF the school has been provided with written authorization from the student’s parent and prescribing practitioner.

		The District and its employees and volunteers shall be indemnified by the parent of a student who is authorized to use prescribed pancreatic enzyme supplements for any and all liability with respect to the student’s use of the supplements under this policy.

		(see also Policy 5330.01 - Self-Administered Medication)

	K.	Notification of Involuntary Examinations of Students

		The principal or the principal's designee shall immediately notify a parent of a student who is removed from school, school transportation, or a school-sponsored activity and taken to a receiving facility for an involuntary examination pursuant to F.S. 394.463. The principal or the principal's designee may delay notification for no more than twenty-four (24) hours after a student is removed if the principal or principal's designee deems the delay to be in the student's best interest and if a report has been submitted to the central abuse hotline, pursuant to F.S. 39.201, based upon knowledge or suspicion of abuse, abandonment, or neglect.

		(see also Policy 2410 - School Health Services)

Discipline

	A.	Suspension

		A student may be suspended only as provided by policy of the District. A good faith effort must be made to immediately inform the parent by telephone of the student’s suspension and the reason. Each suspension and the reason must be reported in writing within twenty-four (24) hours to the parent by United States mail. A good faith effort must be made to use parental assistance before suspension unless the situation requires immediate suspension. (see also Policy 5610 - Removal, Out-of-School Suspension, and Expulsion of Students)

		A student with a disability may only be recommended for suspension or expulsion in accordance with State Board of Education rules.

	B.	Expulsion

		Public school students and their parents have the right to written notice of a recommendation of expulsion, including the charges against the student and a statement of the right of the student to due process. (see also Policy 5610 - Removal, Out-of-School Suspension, and Expulsion of Students)

Safety

Students who have been victims of certain felony offenses by other students, as well as the siblings of the student victims, have the right to be kept separated from the student offender, both at school and during school transportation.

Educational Choice

A.	Public School Choices

	Parents may seek whatever public school options are applicable and available to students in the School District.

	These options may include:

	1.	virtual instruction programs

	2.	charter schools

	3.	magnet schools

	4.	alternative schools

	5.	special programs

		6.	advanced placement

		7.	dual enrollment

		8.	International Baccalaureate

		9.	International General Certificate of Secondary Education (pre-AICE)

		10.	CAPE digital tools

		11.	CAPE industry certifications

		12.	collegiate high school programs

		13.	Advanced International Certificate of Education

		14.	early admissions

		15.	credit by examination or demonstration of competency

		16.	the Florida Virtual School

		Options also include the public educational choice options of the Opportunity Scholarship Program and the McKay Scholarships for Students with Disabilities Program. (see also Policy 2370 - Educational Options, Policy 2370.01 - Virtual Instruction, and Policy 5113 - School Choice Options Provided by the Every Student Succeeds Act)

B.	Private Educational Choices

	Parents may seek private educational choice options under certain programs.

	1.	Under the McKay Scholarships for Students with Disabilities Program, the parent of a public school student with a disability may request and receive a McKay Scholarship for the student to attend a private school in accordance with State law.

	2.	Under the Florida Tax Credit Scholarship Program, the parent of a student who qualifies for free or reduced-price school lunch or who is currently placed, or during the previous State fiscal year was placed, in foster care may seek a scholarship from an eligible nonprofit scholarship-funding organization in accordance with State law.

	3.	Under the Gardiner Scholarship Program, the parent of a student with a qualifying disability may apply for a Gardiner Scholarship to be used for individual educational needs in accordance with State law.

C.	Home Education

	The parent may choose to place the student in a home education program, in accordance with State law. (see also Policy 9270 - Home-Education Programs)

D.	Private Tutoring

	The parent of a student may choose to place the student in a private tutoring program in accordance with State law.

	E.	Request to Transfer to Different Classroom Teacher

		Although parents do not have a right to choose a specific classroom teacher, parents may request that their child be transferred to a different classroom teacher. As part of the request, the parent must state with specificity the grounds supporting the request. Requests must be in writing utilizing Form 5780 F2. A completed, signed Form 5780 F2 must be provided to the Principal who will notify the Regional Assistance Superintendent of receipt of the request.

		All requests for a student to be transferred to another classroom teacher shall be considered by the Principal in consultation with the Regional Assistant Superintendent. Within two (2) weeks of receiving a completed Form 5780 F2, the Principal shall notify the parent in writing as to whether the request is approved or denied. If denied, the Principal shall specify the reasons for the denial.

		Request to Transfer to In-Field Classroom Teacher

		A parent whose student is assigned an out-of-field teacher may request that their child be transferred to an in-field classroom teacher within the school and grade in which the student is currently enrolled. Although parents do not have a right to choose a specific classroom teacher, parents may request that their child be transferred. As part of the request, the parent must complete Form 5780 F3. A completed, signed Form 5780 F3 must be provided to the Principal who will notify the Regional Assistance Superintendent of the receipt of the request.

		All requests for a student to be transferred to another classroom teacher shall be considered by the Principal in consultation with the Regional Assistance Superintendent. Within two (2) weeks of receiving a completed Form 5780 F3, the Principal shall notify the parent in writing as to whether the request is approved or denied.

		If an in-field teacher for the student’s course and grade level is employed by the school and the transfer would not violate maximum class size requirements, the request shall be approved. The student shall be transferred no later than two (2) weeks from the date Form 5780 F3 is received.

		If denied, the Principal shall specify the reasons for the denial.

Nondiscrimination

All education programs, activities, and opportunities offered by the District are available without discrimination on the basis of race, ethnicity, national origin, gender, disability, marital status, sexual orientation, or gender identity. (see also Policy 2260 - Nondiscrimination and Access to Equal Educational Opportunity and Policy 2260.01 - Section 504/ADA Prohibition Against Discrimination Based on Disability)

Students with Disabilities

	A.	Notice and Due Process

		Parents of students with disabilities and parents of students in residential care facilities are entitled to notice and due process. (see also Policy 2460 - Exceptional Student Education)

	B.	Graduation

		Students with disabilities are provided the opportunity to meet the graduation requirements for a standard high school diploma. Certain students with disabilities may be awarded a special diploma upon high school graduation. (see also Policy 2623 - Student Assessment)

	C.	Meetings with District Personnel

		Parents of students with disabilities, or eligible students with disabilities, may be accompanied by another person of their choice at any meeting with District personnel.

		District personnel will not object to the attendance of such adult or discourage or attempt to discourage through any action, statement, or other means, parents or an eligible student, from inviting another person of their choice to attend any meeting. Parents, eligible students, or other individuals invited to attend such meetings by parents or eligible students on school grounds shall sign-in at the front office of such school as a guest.

		Parents, or eligible students, and District personnel shall sign Form 5780 F1 at the meeting's conclusion which states whether or not any District personnel have prohibited, discouraged or attempted discourage the parents, or eligible student, from inviting a person of their choice to the meeting pertaining to their child's, or their own, educational environment, placement, or discipline.

Blind Students

Students who are blind have the right to an individualized written education program and appropriate instructional materials to attain literacy.

Limited English Proficient Students

Limited English proficient students have the right to receive English for Speakers of Other Languages (ESOL) instruction designed to develop the student’s mastery of listening, speaking, reading, and writing in English as rapidly as possible. The students’ parents have the right of parental involvement in the ESOL program.

Students with Reading Deficiencies

Each elementary school shall regularly assess the reading ability of each K-3 student. The parent of any K-3 student who exhibits a reading deficiency shall be immediately notified of the student’s deficiency with a description and explanation, in terms understandable to the parent, of the exact nature of the student’s difficulty in learning and lack of achievement in reading; shall be consulted in the development of a progress monitoring plan; and shall be informed that the student will be given intensive reading instruction until the deficiency is corrected.

Pledge of Allegiance

A student will be excused from reciting the pledge of allegiance, upon written request by the student’s parent, in accordance with State law.

Student Records

	A.	Parents have an equal right of access, right to waive access, right to challenge and hearing and right of privacy in the education records of his or her student who is a minor or a dependent adult pursuant to law, unless the school has received a certified copy of an enforceable court order that provides to the contrary. (see also Policy 8330 - Student Records)

	B.	A student is not required to provide his/her social security number as a condition for enrollment or graduation. (see also Policy 8330 - Student Records)

Student Report Cards

Students and their parents have the right to receive student report cards on a regular basis that clearly depict and grade the student’s academic performance in each class or course, the student’s conduct, and the student’s attendance.

Student Progress Reports

Parents shall be informed at regular intervals of the academic progress and other needed information regarding their child, including ways they can help their child to succeed in school. (see also Policy 5420 - Reporting Student Progress)

Student Accountability and School Improvement Rating Reports

Parents of public school students are entitled to an easy-to-read report card about the school’s grade designation or, if applicable, school’s improvement rating, and the school’s accountability report, including the school financial report.

High School Athletics

	A.	Eligibility

		A student is eligible in the school in which s/he first enrolls each school year, the school in which the student makes himself/ herself a candidate for an athletic team by engaging in practice before enrolling, or the school to which the student has transferred with approval of the Board, in accordance with State law. (see also Policy 2431 - Interscholastic Athletics)

	B.	Medical Evaluation

		Students must satisfactorily pass a medical evaluation each year before participating in athletics, unless the parent objects in writing based on religious tenets or practices, in accordance with State law. (see also Policy 2431 - Interscholastic Athletics)

Extra-Curricular Activities

	A.	Eligibility

		Students who meet specified academic and conduct requirements are eligible to participate in extra-curricular activities. (see also Policy 2430 - District-Sponsored Clubs and Activities)

	B.	Home Education Students

		Home education students who meet specified academic and conduct requirements are eligible to participate in extra-curricular activities at the public school to which the student would be assigned or could choose to attend according to Board policies, or may develop an agreement to participate at a private school.

	C.	Charter School Students

		Charter school students who meet specified academic and conduct requirements are eligible to participate in extra-curricular activities at the school to which the student would be assigned or could choose to attend according to Board policies, unless such activity is provided by the student’s charter school.

	D.	Florida Virtual School Full-Time Students

		Florida Virtual School full-time students who meet specified academic and conduct requirements are eligible to participate in extra-curricular activities at the public school to which the student would be assigned or could choose to attend according to Board policies.

Instructional Materials

	A.	Core Courses

		Each student is entitled to sufficient instructional materials in the core courses of mathematics, language arts, social studies, science, reading, and literature.

	B.	Curricular Objectives

		The parent of each student has the right to receive effective communication from the school principal as to the manner in which instructional materials are used to implement the school’s curricular objectives.

	C.	Sale of Instructional Materials

		Upon request of the parent of a student, the principal will sell to the parent any instructional materials used in the school.

	D.	Dual Enrollment Students

		Instructional materials purchased by the District or a Florida College System institution board of trustees on behalf of dual enrollment students is available to the dual enrollment students free of charge.

Juvenile Justice Programs

Students who are in juvenile justice programs have the right to receive educational programs and services, in accordance with State law.

Parental Input and Meetings

	A.	Meetings with School District Personnel

		Parents may be accompanied by another adult of their choice at a meeting with School District personnel.

	B.	District Educational Facilities Program

		Parents and other members of the public have the right to receive proper public notice and opportunity for public comment regarding the District’s educational facilities work program, in accordance with State law.

Transportation

	A.	Transportation to School

		Students are provided transportation to school in accordance with the provisions of State law. (see also Policy 8600 - Transportation)

	B.	Hazardous Walking Conditions

		Students in grades K-6 are provided transportation if they are subjected to hazardous walking conditions, in accordance with State law.

	C.	Parental Consent

		Each parent of a public school student must be notified in writing and give written consent before the student may be transported in a privately owned motor vehicle to a school function in accordance with State law. (see also Policy 8660 - Transporting Students by Private Vehicles)

Orderly, Disciplined Classrooms

Students will be in orderly, disciplined classrooms conducive to learning without the distraction caused by disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students. (see also Policy 5600 - Student Discipline)

Economic Security Report

Prior to registration, each middle school and high school student or the student’s parent will be provided a summary of the Department of Economic Opportunity’s economic security report of employment and earning outcomes and electronic access to the report.

F.S. 39.201, 381.0056, 394.463, 1000.05, 1002.20, 1002.22, 1002.39, 1002.395
F.S. 1002.41, 1002.43,1002.385, 1003.01(13), 1003.02, 1003.21, 1003.22
F.S. 1003.3101,1003.32, 1003.42, 1003.44, 1003.4505, 1003.47, 1003.52, 1003.53
F.S. 1003.55, 1003.56, 1003.57, 1003.58, 1006.062(7), 1006.09, 1006.13, 1006.15
F.S. 1006.20, 1006.21, 1006.22, 1006.23, 1006.28, 1006.40, 1007.271, 1008.22
F.S. 1008.25, 1008.386, 1012.42