Acton Public Schools:
Student Rights

Revised Dec. 16, 2003.

Appeals Process

If you are blamed for something you claim you did not do, you and/or your parents have the right to a hearing. Such a hearing should be requested at the earliest possible time and, in any event within five days. Until the hearing takes place, all disciplinary action will be delayed unless the administration determines, in its discretion, that immediate action is appropriate. Hearings must be requested in the following order:

Level One
A hearing with the Principal
Level Two
A hearing with the Superintendent of Schools

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Discipline Of Special Education Students

The Individuals with Disabilities Education Act (IDEA) and related regulations provide eligible students with certain procedural rights and protections in the context of student discipline. A brief overview of these rights is provided below.

In general, special education students may be excluded from their programs, just as any other student can be, for up to ten school days per year. However, when a special education student is excluded from his/her program for more than ten school days in the school year, the student's special education Team must develop a functional behavioral assessment plan. In many instances, the Team also may be required to determine whether the student's behavior was related to his/her disability (a "manifestation determination").

If the Team determines the behavior was not related to the student's disability, the school may discipline the student according to the school's code of student conduct, except that the district must continue to provide the student with educational services during the period of suspension or expulsion. However, if the Team determines that the behavior was related to the disability, the student may not be excluded from the current educational placement (except in the case of weapons or drugs) until the Team develops and the parent(s) consent(s) to a new IEP.

In the event a student possesses, uses, sells or solicits a controlled substance or possesses a weapon at school or a school function, a school may place a student in an interim alternative education setting for up to 45 days. Hearing officers may also order the placement of a student in an appropriate interim setting for up to 45 days upon determination that the current placement is substantially likely to result in injury to the student or others.

When a parent disagrees with the Team's decision on the "manifestation determination" or with a decision regarding placement, the parent has a right to request an expedited due process hearing from Bureau of Special Education Appeals. Additional information regarding the procedural protections for special education students can be obtained from the Chairperson of Special Education who can be reached at 978-264-4700 ext. 3441. (Return to the top.)

Discrimination and Harassment Nondiscrimination Notice

The Acton Public School District is committed to equal employment and educational opportunity for all members of the school community. As students you are protected from discrimination on the basis of race, color, religion, national origin, gender, sexual orientation, age and disability in areas such as: admission to school, classroom assignment, participation in courses or support services, grading, school-sponsored extra curricular activities and competitive athletics, graduation requirements, and student rules.

The schools are also committed to maintaining a school and work environment that is free of harassment based on race, color, religion, national origin, gender, sexual orientation, age or disability. Harassment includes physical or verbal conduct that is derogatory; this may include jokes, gestures, unsolicited remarks, or other behavior that creates an intimidating or offensive working or learning environment. If you have a concern about discrimination or harassment, you should inform an adult in the school community. You may feel comfortable discussing your concern with a teacher, your counselor, a vice principal, or the principal. That person will take appropriate steps to attempt to resolve the situation. Activities may include discussion with involved persons, identifying and questioning of witnesses, and other appropriate steps. This also means you have thought about 1) the nature of your concern (dates, names, places, facts about the situation) and 2) actions you think should be taken to remedy the situation. You may also bring your complaint to and obtain assistance from the Director of Pupil Services. In most cases, a resolution will be achieved. However, if it is determined that a hearing is warranted, a hearing will be held before the Superintendent of Schools or a person that he or she may designate. The goals of the above grievance procedures are to resolve complaints in a fair and timely manner and to ensure compliance with nondiscriminatory practices. Additionally, reprisals or retaliation against any individual who reports on, or files a discrimination or harassment complaint is strictly prohibited.

If you wish to discuss your rights, would like further information, or want to obtain help in filing a complaint; you may contact the Director of Pupil Services at the Acton-Boxborough Regional High School. Any person having inquiries concerning the Acton Public and Acton-Boxborough Regional School Districts' compliance with the regulations implementing Title VI, Title IX, Section 504, ADA, or Chapter 622 is directed to contact Nancy M. Kolb, Director of Pupil Services, 16 Charter Road, Acton, MA, telephone #508-264-4700, who has been designated by the Acton Public and ActonBoxborough Regional School Districts to coordinate the Districts' efforts to comply with the regulations implementing Title VI, Title IX, Section 504, ADA, and Chapter 622, or write to:

		Office for Civil Rights
		John W. McCormack Post Office and Courthouse, Room 222
		Post Office Square
		Boston, MA 02109

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Religious Holidays

The school accommodates individual differences in religious observances. Thus if a student is affected by a religious holiday, that student will not be expected to complete daily homework assigned the evening before, or the day of, the religious holiday. Assignments and tests should be made up in a time span that is reasonable to both students and teachers; typically for every day of a religious holiday there should be an opportunity for at least one makeup day. In addition, teachers will not give tests or introduce new concepts and/ or applications on the religious holiday itself. Further, tests are not to be given on the next school day following the religious holiday. However, long-term assignments may be expected to be due the day before, or the day after, the religious holiday. (Return to the top.)

Student Records

State regulations governing student records are briefly summarized below. These regulations are available at the school for review.

A student's record consists of his or her school transcript and temporary record. The temporary record includes all information, which is organized on the basis of the student's name, is relevant to the educational needs of the student and is kept by the school. A student's parent or guardian, or a student who is at least 14 years old or has entered the ninth grade (an 'eligible' student), has the right to inspect all portions of the student's record upon request to the school principal. The record must be made available to the parent, guardian, or eligible student not later than two consecutive workdays after the request is made, unless the parent or guardian, or eligible student consents to a delay.

The parent, guardian, or eligible student may request copies of any part of the record. A fee may be charged for the cost of copying.

As required by M.G.L. c.71 S34, a parent who does not have physical custody of his/her child must provide certain written information to the Principal in order to access the child's student records. A description of the information that the noncustodial parent must submit can be obtained from the Counseling Department (264-4700, ext. 3430) or from Nancy Kolb, Director of Pupil Services (264-4700, ext. 3441).

Confidentiality of Records

No individual or organization other than the parent, guardian, eligible student or school personnel working directly with the student is allowed access to a student's record without specific written consent of the parent, guardian or eligible student except in limited instances as specified by the state regulations governing student records.

Amendment or Deletion of Records

The parent, guardian or eligible student has the right to add relevant comments, information or other written material to the student's record. In addition, the parent, guardian or eligible student has the right to request that information contained in the record be amended or deleted. The parent, guardian or eligible student has a right to a conference with the school principal for the purpose of objecting to information contained in the record. Within a week after such conference, the principal must render a decision in writing on the objection. If the parent, guardian or eligible student is not satisfied with the principal's decision, he or she may appeal such decision to the School Superintendent and ultimately to the School Committee.

Release of Directory Information

It is the policy and intent of the Acton Public Schools and the Acton-Boxborough Regional School District to release the following information without further notice or receipt of consent from the parent or eligible student: the student's name, address, telephone listing, date and place of birth, major field of study, dates of attendance, weight and height of members of athletic teams, class, participation in officially recognized activities and sports, honors and awards, and post high school plans. If either the parent or the eligible student objects to the release of any of the above information, please state your objection in writing and file it with the principal. If no written objection is filed, this information will be released.

Transfer of Student Records

Authorized school personnel of any school to which a student seeks or intends to transfer will have access to such student's complete record without further notice to, or receipt of consent form, the eligible student or parent.

Destruction of Records

A student's temporary record shall be destroyed no later than 5 years after the student leaves the school system. A student's transcript may be destroyed no sooner than 60 years after the student leaves the school system. A school principal or his or her designee may destroy misleading, outdated or irrelevant information contained in the temporary record during the time the student is enrolled in the school system, provided the parent, guardian or eligible student has been notified in writing and given the opportunity to inspect and copy any of the information prior to its destruction. (Return to the top.)

Return to the first page of Acton Public Schools: Student Rights and Standards of Conduct.