502 STUDENT RIGHTS AND RESPONSIBILITIES

502.1 STUDENT APPEARANCE

The board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees and visitors.

Students are expected to adhere to standards of cleanliness and dress that are compatible with the requirements of a good learning environment.  The standards will be those generally acceptable to the community as appropriate in a school setting.

The board expects students to be clean and well-groomed and wear clothes in good repair and appropriate for the time, place and occasion.  Clothing or other apparel promoting products illegal for use by minors and clothing displaying obscene material, profanity, or reference to prohibited conduct are disallowed.  While the primary responsibility for appearance lies with the students and their parents, appearance disruptive to the education program will not be tolerated.  When, in the judgment of a principal, a student's appearance or mode of dress disrupts the educational process or constitutes a threat to health or safety, the student may be required to make modifications.

It shall be the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.

 

 

 

Legal Reference:          Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

                                    Bethal School District  v. Fraser, 478 U.S. 675 (1986).

                                    Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).

                                    Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).

                                    Torvik v. Decorah Community School, 453 F.2d 779 (8th Cir. 1972).

Turley v. Adel Community School District, 322 F.Supp. 402 (S.D. Iowa 1971).

                                    Sims v. Colfax Comm. School Dist., 307 F.Supp. 485 (Iowa 1970).

                                    Iowa Code § 279.8.

 

Cross Reference:        500     Objectives for Equal Educational Opportunities for Students

                                    502     Student Rights and Responsibilities

                                    507.7  Custody and Parental rights

 

Approved:       10-21-96

Reviewed:       10-10-05, 11-9-09, 1-26-15, 2-22-2021

Revised:           9-9-02  

502.2 CARE OF SCHOOL PROPERTY/VANDALISM

Students shall treat school district property with the care and the respect they would treat their own property.  Students found to have destroyed or otherwise harmed school district property may be required to reimburse the school district.  They may be subject to discipline under board policy and the school district rules and regulations.  They may also be referred to local law enforcement authorities.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding this policy.

 

 

 

 

Legal Reference:          Iowa Code §§ 279.8; 282.4, .5; 613.16.

Cross Reference:         502    Student Rights and Responsibilities

                                    802.1  Maintenance Schedule

Approved:       6-13-83

Reviewed:       8-9-93, 9-9-02, 6-26-06, 11-9-09, 1-26-15, 2-22-2021

Revised:           9-23-96

502.3 FREEDOM OF EXPRESSION

Student expression, other than student expression in student-produced official school publications, made on the school district premises or under the jurisdiction of the school district or as part of a school-sponsored activity may be attributed to the school district; therefore, student expression must be responsible.  Student expression must be appropriate to assure that the students learn and meet the goals of the school activity and that the potential audience is not exposed to material that may be harmful or inappropriate for their level of maturity.

Students will be allowed to express their viewpoints and opinions as long as the expression is responsible.  The expression shall not, in the judgment of the administration, encourage the breaking of laws, cause defamation of persons, be obscene or indecent, or cause a material and substantial disruption to the educational program.  The administration, when making this judgment, shall consider whether the activity in which the expression was made is school-sponsored and whether review or prohibition of the students' speech furthers an educational purpose.  Further, the expression must be done in a reasonable time, place, and manner that is not disruptive to the orderly and efficient operation of the school district.

Students who violate this policy may be subject to disciplinary measures.  Employees shall be responsible for insuring students' expression is in keeping with this policy.  It shall be the responsibility of the superintendent to develop administrative regulations regarding this policy.

 

Legal Reference:          U.S. Const. amend. I.

                                    Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

                                    Bethel School District v. Fraser, 478 U.S. 675 (1986).

                                    New Jersey v. T.L.O., 469 U.S. 325 (1985).

                                    Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).

                                    Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).

                                    Iowa Code §§ 279.8; 280.22 .

 

Cross Reference:        502    Student Rights and Responsibilities

                                    504    Student Activities

                                    603.9  Academic Freedom

                                    904.5  Distribution of Materials

Approved:       10-21-96

Reviewed:       6-11-01, 10-10-05, 11-9-09, 1-26-15, 2-22-2021

Revised:    

502.4 STUDENT COMPLAINTS AND GRIEVANCES

Student complaints and grievances regarding board policy or administrative regulations and other matters should be addressed to the student's teacher or another licensed employee, other than the administration, for resolution of the complaint.  It is the goal of the board to resolve student complaints at the lowest organizational level.

If the complaint cannot be resolved by a licensed employee, the student may discuss the matter with the principal within 5 days of the employee's decision.  If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within 5   days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the student may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.

 

 

 

 

 

 

 

 

 

 

Legal Reference:          Iowa Code § 279.8.

 

Cross Reference:         214.1  Board Meeting Agenda

                                    215    Public Participation in Board Meetings

                                    309    Communication Channels

                                    502    Student Rights and Responsibilities

                                    504.3  Student Publications

Approved:       7-10-95

Reviewed:       6-11-01, 10-10-05, 11-9-09, 1-26-15, 2-22-2021

Revised:            

502.5 STUDENT LOCKERS

Student lockers are the property of the school district.  Students shall use the lockers assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school.  It shall be the responsibility of students to keep their assigned lockers clean and undamaged.

To ensure students are properly maintaining their assigned lockers, the principal of the building or his/her designee may periodically inspect all or a random selection of student lockers.  Either students or another individual shall be present during the inspection of lockers.  Student lockers may also be searched, at any time and without advance notice, in compliance with board policy regulating search and seizure.

 

 

 

 

 

Legal Reference:          Iowa Code §§ 279.8; 280.14; 808A.

Cross Reference:        502     Student Rights and Responsibilities

                                    502.8  Search and Seizure

Approved:       12-11-95

Reviewed:       6-11-01, 11-9-09, 1-26-15, 2-22-2021

Revised:          10-10-05

502.6 WEAPONS

 

The board believes weapons, other dangerous objects and look-a-likes in school district facilities cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees and visitors on the school district premises or property within the jurisdiction of the school district.

School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes.  Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district.

Parents of students found to possess weapons, dangerous objects or look-a-likes on school property are notified of the incident.  Possession or confiscation of weapons or dangerous objects will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.

Students bringing a firearm to school shall be expelled for not less than one year.  The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis.  For purposes of this portion of this policy, the term "firearm" includes, but is not limited to, any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or any explosive, incendiary or poison gas.

Weapons under the control of law enforcement officials are exempt from this policy.  The principal may allow authorized persons to display weapons, other dangerous objects or look-a-likes for educational purposes.  Such a display will also be exempt from this policy.  It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

Legal Reference:          No Child Left Behind, Title IV, Sec. 4141, P.L. 107-110.

                                    Improving America's Schools Act of 1994, P.L. 103-382.

                                    18 U.S.C. § 921 (2012).

     McClain v. Lafayette County Bd. of Education, 673 F.2d 106 (5th Cir. 1982).

                                    Iowa Code §§ 279.8; 280.21B; 724 (2013).

                                    281 I.A.C. 12.3(6)

 

Cross Reference:        502      Student Rights and Responsibilities

                                    503      Student Discipline

                                    507      Student Health and Well-Being

 

Approved:                 3-13-95

Reviewed:                 10-10-05, 11-9-09, 1-26-15, 2-22-2021

Revised:                    2-26-96, 1-13-03

502.7 SMOKING - DRINKING - DRUGS

The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of beer, wine, alcohol, tobacco, other controlled substances, or "look alike" substances that appear to be tobacco, beer, wine, alcohol or controlled substances by students while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered buses; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.

The board believes such illegal, unauthorized or contraband materials generally cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors.

Violation of this policy by students shall result in disciplinary action including suspension or expulsion.  Use, purchase or being in possession of cigarettes, tobacco or tobacco products for those under the age of eighteen, may be reported to the local law enforcement authorities.  Possession, use or being under the influence of beer, wine, alcohol and/or of a controlled substance may also be reported to the local law enforcement authorities.

Students who violate the terms of this policy may be required to satisfactorily complete a substance abuse assistance or rehabilitation program approved by the school board.  If such student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion.

The board believes the substance abuse prevention program shall include:

 

1.         Age-appropriate, developmentally-based drug and alcohol curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug and alcohol use and which provide information about effective techniques for resisting peer pressure to use        

            tobacco, drugs or alcohol;

 

2.         A statement to students that the use of illicit drugs and the unlawful possession     and use of alcohol is wrong and harmful;

 

3.         Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of illicit drugs and alcohol by students on school premises or as part of any of its activities;

       

4.         A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions;

 

5.         A statement that students may be required to successfully complete an appropriate  rehabilitation program;

 

6.         Information about drug and alcohol counseling and rehabilitation and re-entry programs available to students;

 

7.         A requirement that parents and students be given a copy of the standards of  conduct and the statement of disciplinary sanctions required; and

 

8.         Notification to parents and students that compliance with the standards of conduct is mandatory.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

 

 

 

Legal Reference:        34 C.F.R. Pt. 86.

                                    Iowa Code §§ 123.46; 124; 279.8, .9; 453A.

                                    281 I.A.C. 12.3(6); .5(3)(e), .5(4)(e), .5(5)(e)

 

Cross Reference:     502     Student Rights and Responsibilities

503     Student Discipline

507     Student Health and Well-Being

Approved:       6-13-83

Reviewed:       8-9-93, 10-10-05, 11-9-09, 1-26-15, 2-22-2021

Revised:          9-23-96, 9-9-02

502.8 SEARCH AND SEIZURE

School district property is held in public trust by the board.  School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation or law has been violated.  The search is in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities.  The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will not give rise to an expectation of privacy with respect the locker, desk, or other facility.

School authorities may seize any illegal, unauthorized or contraband materials discovered in the search.  Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons and stolen property.  Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials.  The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.

It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.

 

 

Legal Reference:         U.S. Const. amend. IV.

                                    New Jersey v. T.L.O., 469 U.S. 325 .

     Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).

                                    Iowa Code ch. 808A (2013).

                                    281 I.A.C. 12.3(6).

 

Cross Reference:         502      Student Rights and Responsibilities

                                    503      Student Discipline

                                    502.5   Student Locker

Approved:                   12-11-95

Reviewed:                   10-10-05, 11-9-09, 1-26-15, 2-22-2021

Revised:                      1-13-03

502.9 INTERVIEWS OF STUDENTS BY OUTSIDE AGENCIES

Generally, students may not be interviewed during the school day by persons other than parents and school district officials and employees.

Requests from law enforcement officers and from persons other than parents, school district officials, and employees to interview students are made through the principal's office.  Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted.  Generally, prior to granting a request, the principal shall attempt to contact the parents to inform them of the request and to ask them to be present.

If a child abuse investigator wishes to interview a student, the principal will defer to the investigator's judgment as to whether the student should be interviewed independently from the student's parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.

Students shall not be taken from school without the consent of the principal and without proper warrant.

 

 

 

Legal Reference:          Iowa Code §§ 232; 280.17..

                                    281 I.A.C. 102.

                                    441 I.A.C. 9.2; 155; 175.

                                    1980 Op. Att'y Gen. 275.

 

Cross Reference:         402.2   Child Abuse Reporting

                                    502.10 Search and Seizure

                                    503      Student Discipline

                                    902.4   Students and the News Media

 

Approved:                   3-14-83

Reviewed:                   8-9-93, 10-10-05, 11-9-09, 1-26-15, 2-22-2021

Revised:                      12-23-96, 1-13-03       

502.10 USE OF MOTOR VEHICLES

The board recognizes the convenience to families and students of having students drive to and park at their school attendance center.  Driving a motor vehicle to and parking it at the student's attendance center is a privilege.

Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center.  Students may not loiter around or be in their vehicle during the school day without permission from the principal.  Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center.  Students who drive shall enter and leave the parking lot by the routes designated by the principal. 

Students who live within one mile of school, and would not otherwise be eligible for a student driving permit, may be eligible for a student driving permit, for driving to and from school and school activities and practices, if the student successfully completes driver education, completes a interview with the superintendent to the satisfaction of the superintendent, and has parent permission.

Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the building principal.  Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.

 

 

 

 

 

Legal Reference:         Iowa Code §§ 279.8; 321.

Cross Reference:         502      Student Rights and Responsibilities

Approved :                  10-10-05

Reviewed:                    11-9-09, 1-26-15, 2-22-2021

Revised: