The board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises. Appropriate classroom behavior allows teachers to communicate more effectively with students.
Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others 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 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. Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.
Students who fail to abide by this policy and the administrative regulations supporting it may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the orderly and efficient operation of the school district or school activity; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere. Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.
A student who commits an assault against an employee on school district property or on property within the jurisdiction of the school district; while on school-owned or school-operated chartered vehicles; while attending or engaged in school district activities will be suspended by the principal. Notice of the suspension is sent to the board president. The board will review the suspension to determine whether to impose further sanctions against the student which may include expulsion. Assault for purposes of this section of this policy is defined as:
1. an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or
2. any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or
3. intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another
The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.
REMOVAL TO PRINCIPAL’S OFFICE
Removal from the classroom means a student is sent to the building principal's office. It is within the discretion of the person in charge of the classroom to remove the student. This policy is not intended to address the use of therapeutic classrooms or seclusion rooms for students.
DETENTION DEFINED
Detention means the student's presence is required during non-school hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee disciplining the student or the building principal.
SUSPENSION DEFINED
Suspension means either an in-school suspension, an out-of-school suspension, a restriction from activities or loss of eligibility. An in-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension shall not exceed ten consecutive school days. An out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension shall not exceed ten days. A restriction from school activities means a student will attend school and classes and practice but shall not participate in school activities.
PROBATION DEFINED
Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded. The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty. Failure of the student to meet these conditions and terms will result in immediate reinstatement of the penalty.
EXPULSION DEFINED
Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.
SPECIAL EDUCATION SUSPENSION PROCEDURE
Following the suspension of a special education student, an informal evaluation of the student's placement will take place. The Individual Education Program (IEP) is evaluated to determine whether it needs to be changed or modified in response to the behavior that led to the suspension.
If a special education student's suspensions, either in or out of school, equal ten days on a cumulative basis, An IEP team will meet to determine whether the IEP is appropriate.
REGULATIONS AND INFORMING STUDENTS/PARENTS
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy and to ensure that details of how this policy will be implemented will be included in the student handbook.
Legal Reference: Goss v. Lopez, 419 U.S. 565 (1975).
Brands v. Sheldon Community School District, 671 F. Supp. 627 (N.D. Iowa 1987).
Sims v. Colfax Comm. School Dist., 307 F. Supp. 485 (Iowa 1970).
Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147
N.W.2d 854 (1967).
Iowa Code §§ 279.8;282.3, 282.4, 282.5; 708.1.
281 I.A.C. 12.3(6)
Cross Reference: 501 Student Attendance
502 Student Rights and Responsibilities
504 Student Activities
506.3 Physical Restraint and Seclusion of Students
603.3 Special Education
903.5 Distribution of Materials
Approved: 6-13-83
Reviewed: 8-9-93, 10-10-05, 11-9-09, 1-26-15
Revised: 9-23-96, 1-13-03, 2-22-2021
Only the board may remove a student from the school environment. The removal of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.
Students may be expelled for violations of board policy, school rules or the law. It is within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.
It is within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student. The principal will keep records of expulsions in addition to the board's records.
When a student is recommended for expulsion by the board, the student is provided with:
1. Notice of the reasons for the proposed expulsion;
2. The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;
3. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;
4. The right to be represented by counsel; and,
5. The results and finding of the board in writing open to the student's inspection.
In addition to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement. Discussions and conclusions of this meeting should be recorded.
If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures. If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.
Legal Reference: Goss v. Lopez, 419 U.S. 565 (1975).
Wood v. Strickland, 420 U.S. 308 (1975).
Southeast Warren Comm. School District v. Dept. of Public Instruction, 285
N.W.2d 173 (Iowa 1979).
Iowa Code §§ 21.5; 282.3, .4, .5 (2013).
281 I.A.C. 12.3(6).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
Approved: 6-13-83
Reviewed: 8-9-93, 1-13-03, 10-10-05, 11-9-09, 1-26-15, 2-22-2021
Revised: 9-23-96
The board believes students should respect school district property and assist in its preservation for future use by others. Students may be assessed fines, charges, or fees for the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.
Students enrolling during the first 9 weeks of school shall pay 100% of the book fees. Students enrolling during the second 9 weeks or later shall pay 50% of the book fees,
Students leaving the first semester shall receive a 50% refund on book fees. Students leaving second semester shall receive no refund.
The superintendent will inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually. Parents of students meeting specific financial eligibility standards will be eligible for a waiver of student fees or a reduction of student fees based upon the request of the parent. It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 256.7(20); 279.8; 280.10, .11; 282.6; 285.1; 301.1 .
281 I.A.C. 18.
1994 Op. Att'y Gen. 23.
1990 Op. Att'y Gen. 79.
1982 Op. Att'y Gen. 227.
1980 Op. Att'y Gen. 532.
Cross Reference: 501.16 Homeless Children & Youth
502 Student Rights and Responsibilities
503 Student Discipline
Approved: 8-12-96
Reviewed: 9-9-02, 10-10-05, 1-26-15, 2-22-2021
Revised: 8-26-02, 1-3-03, 1-11-10
Participation in school activities is a privilege. School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.
Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school. Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities that are illegal, immoral or unhealthy.
Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. The Activity Director shall keep records of violations of the good conduct rule.
It is the responsibility of the superintendent to develop rules and regulations for school activities. Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.
A. CONDUCT REQUIREMENTS -ALL ACTIVITIES
1. No student shall have in their possession or have used a controlled substance (tobacco in any form, any alcoholic beverages, electronic cigarettes, or drugs).
2. No student shall steal, destroy, and/or deface any school property.
3. No student shall be convicted of a felony, aggravated misdemeanor, or serious misdemeanor.
4. If the student is observed violating one of the above by faculty, administrators, or law enforcement personnel, admits to violating any of the above, or upon thorough investigation by school personnel which determines the student committed the violation, he/she will be declared ineligible as described in Part C of these rules.
5. These are minimum requirements. Any further team rules specified by an activity coach/sponsor must be followed. Basic team rules must include:
a. Bullying and Harassment
b. Hazing
c. Social Media Usage
6. Nothing in this policy prevents a coach/sponsor from disciplining and suspending a player or performer for any conduct the coach/sponsor finds detrimental to the team or the school.
B. SCHOOL ATTENDANCE
Any student who wishes to participate in any extra-curricular activity must be in school attendance by noon of the day for that activity. If there are unusual circumstances, such as a funeral, the principal and/or athletic director may waive the half-day requirement. This approval must be granted before the student leaves school. Students taking a full discretionary day are not eligible to participate in a contest or performance that day/evening.
C. LENGTH OF INELIGIBILITY FOR NON-ACADEMIC VIOLATIONS
To determine the length of the ineligibility period(s) all extracurricular activities will be divided up into Athletics and Performing Arts & Leadership.
Current activities include:
Athletics: Football, Volleyball, Cross Country, Basketball, Wrestling, Track, Golf, Soccer, Baseball, & Softball
Performing Arts & Leadership: Dance, Cheer, Fine Arts Ensembles, Plays/Musicals, *NHS, *FFA, *FCCLA, Science Club.
*Affiliation with state or national organizations may require stricter eligibility requirements.
Any stricter requirements will require communication between sponsors and participants prior to any violation. Communication will be verified through student and parent signatures.
The length of the ineligibility periods will be assigned as described below.
Athletics
Performing Arts & Leadership
Anytime there are three or more offenses within a year, twelve (12) calendar months, the last offense shall be considered a third offense making the student ineligible for one year, twelve (12) calendar months from the date of that offense, whether or not the student is out for an activity.
Time of ineligibility will start for Performing Arts & Leadership on the day the Activities Director communicates with the student of their infraction. If a performance is part of the student’s grade, an alternative assignment will be provided. Time of ineligibly will start for
Athletics on the first competition (scrimmages are not considered competition). The ineligibility time for athletics will carryover from one sport to the next until all time of ineligibility has been served. The time that is carried over will be prorated for the new sport.
In order for an ineligibility period of time to be considered officially served, the ineligible student must start and complete the entire performing activity “season” in good faith as determined by the sponsor/coach of said activity.
D. VIOLATIONS HAVE OCCURRED WHEN:
For an offense to be considered a first offense it must have happened after initial involvement in any extra-curricular activity that could start as early as the beginning of seventh grade. It shall be counted as an offense even if the student is not currently out for an activity.
For an offense to be considered a second offense it must be the second offense to have happened within twelve (12) calendar months. It will be counted as a second offense even if the student is not currently out for an activity.
For an offense to be considered a third offense it must be the third offense to have happened within twelve (12) calendar months. It will be counted as a third offense even if the student is not currently out for an activity.
E. DUE PROCESS PROCEDURE
Due process procedures shall be followed in the handling of each case. Essentially the procedure will be the following:
1. The hearing shall be handled by the principal. He/She may include the activity director, coach(es), teacher or other administrator as he/she chooses to hear the case.
2. Prior to the hearing to determine whether a violation has occurred, the student will be furnished with a written statement from the building principal of the alleged misconduct sufficient to prepare a defense to the charge, setting out the student’s violations of the academic or conduct requirements set out herein.
3. If the student denies the charge, the principal shall explain the evidence and give the student an opportunity to tell his/her side of the story.
4. The building principal shall then determine whether the student should be declared ineligible. If the student is declared ineligible said ineligibility shall commence immediately.
5. If the student(s) is not satisfied with the decision arrived at above, he/she will. at his/her request, be granted an informal hearing before the Board of Education.
6. If the student is not satisfied with the school board’s decision, he or she may appeal within thirty (30) days to the Department of Education. However, the ineligibility period will begin with the school board’s decision and will not be delayed pending the State Board’s decision.
Legal Reference: Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).
Iowa Code §§ 280.13, .13A (2013).
281 I.A.C. 12.3(6); 36.15(1).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
504 Student Activities
Approved: 3-14-83
Reviewed: 8-9-93, 1-26-15, 2-22-2021
Revised: 9-23-96, 1-13-03, 10-10-05, 5-10-10, 11-13-17, 1-14-19
The use of corporal punishment, mechanical restraint and/or prone restraint is prohibited in all schools. Corporal punishment is defined as the intentional physical punishment of a student. It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain. No employee is prohibited from any of the following which are not considered corporal punishment:
1. Using reasonable and necessary force, not designed or intended to cause
pain, in order to accomplish any of the following:
a. To quell a disturbance or prevent an act that threatens physical harm to any person.
b. To obtain possession of a weapon or other dangerous object within a student’s control.
c. For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.
d. For the protection of property as provided for in Iowa Code section 704.4 or 704.5.
e. To remove a disruptive student from class or any area of school premises or from school-sponsored activities off school premises.
f. To protect a student from the self-infliction of harm.
g. To protect the safety of others.
2 Using incidental, minor, or reasonable physical contact to maintain order and control.
Mechanical restraint means the use of a device as a means of restricting a student’s freedom of movement. Mechanical restraint does not mean a device used by a trained individual for specific approved therapeutic or safety purposes for which the device was designed and, if applicable, prescribed, including restraints for medical immobilization, adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without use of such devices or mechanical supports; and vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.
Prone restraint means any restraint in which the student is held face down on the floor.
Reasonable force should be commensurate with the circumstances of the situation. The following factors should be considered in using reasonable physical force for the reasons stated in this policy:
1. The size and physical, mental, and psychological condition of the student;
2. The nature of the student's behavior or misconduct provoking the use of physical force;
3. The instrumentality used in applying the physical force;
4. The extent and nature of resulting injury to the student, if any; including mental and psychological injury;
5. The motivation of the school employee using physical force.
Upon request, the student's parents shall be given an explanation of the reasons for physical force.
It shall be the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Ingraham v.Wright, 430 U.S. 651 (1977).
Goss v. Lopez, 419 U.S. 565 (1975).
Tinkham v. Kole, 252 Iowa 1303, 110 N.W.2d 258 (1961).
Iowa Code §§ 279.8; 280.21.
281 I.A.C. 12.3(6); 103.
Cross Reference: 402.3 Abuse of Students by School District Employees
502 Student Rights and Responsibilities
503 Student Discipline
503.6 Physical Restraint and Seclusion
Approved: 6-13-83
Reviewed: 8-9-93, 9-9-02, 10-10-05, 11-9-09, 1-26-15, 2-22-2021
Revised: 9-23-96, 8-26-02
It is the goal of the district that all students can learn and grow in a safe and peaceful environment that nurtures the student and models respect for oneself and others. On occasion, trained district employees and others may have to use behavior management interventions, physical restraint and/or seclusion of students. The goal of these interventions is to promote the dignity, care, safety, welfare and security of each child and the school community. With this objective in mind, the district will prioritize the use of the least restrictive behavioral interventions appropriate for the situation.
Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student’s arms, legs, body, or head freely. Physical restraint does not mean a technique used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which the technique was designed and, if applicable, prescribed. Physical restraint does not include instructional strategies, such as physically guiding a student during an educational task, hand-shaking, hugging, or other non-disciplinary physical contact.
Seclusion means the involuntary confinement of a child in a seclusion room or area from which the child is prevented or prohibited from leaving; however, preventing a child from leaving a classroom or school building are not considered seclusion. Seclusion does not include instances when a school employee is present within the room and providing services to the child, such as crisis intervention or instruction.
Physical restraint or seclusion is reasonable or necessary only:
Prior to using physical restraint or seclusion, employees must receive training in accordance with the law. Any individual who is not employed by the district but whose duties could require the individual to use or be present during the use of physical restraint or seclusion on a student will be invited to participate in the same training offered to employees on this topic.
When required by law, the superintendent or the superintendent’s designee will ensure a post-occurrence debriefing meeting is held, maintain documentation and fulfill all reporting requirements for each occurrence of physical restraint or seclusion as required by law.
Legal Reference: Iowa Code §§ 279.8; 280.21.
281 I.A.C. 103.
Cross Reference: 402.3 Abuse of Students by School District Employees
502 Student Rights and Responsibilities
503 Student Discipline
503.5 Corporal Punishment
Approved: 2-22-2021
Reviewed:
Revised: