Code No. 503.1

STUDENT CONDUCT

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; or 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 and decide whether to hold a disciplinary hearing to determine whether to impose further sanctions against the student which may include expulsion.  In making its decision, the board shall consider the best interests of the school district, which shall include what is best to protect and ensure the safety of the school employees and students from the student committing the assault.  Assault for purposes of this section of this policy is defined as, when, without justification, a student does any of the following:

• 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
• 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
• 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 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 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 or the building principal, disciplining the student.

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 will 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 will not exceed ten consecutive school days.  A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.

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 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.

Discipline of special education students, including suspensions and expulsions, will comply with the provisions of applicable federal and state laws.

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

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)

 

Approved 9-13-93 Reviewed 11-21-16 Revised 1-18-2021

Code No. 5O3.1Rl

STUDENT SUSPENSION

Administrative Action

A.    Probation

        1.   Probation is conditional suspension of a penalty for a set period of time.  Probation may be imposed by the principal for infractions of school rules which do not warrant the necessity of removal from school.

        2.   The principal will conduct an investigation of the allegations against the student prior to imposition of probation.  The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  Written notice and reasons for the probation will be sent to the parents.

B.     In-School Suspension

        1.   In-school suspension is the temporary isolation of a student from one or more classes while under administrative supervision.  In-school suspensions may be imposed by the principal for infractions of school rules, which are serious but which do not warrant the necessity of removal from school.

        2.   The principal will conduct an investigation of the allegations against the student prior to imposition of an in-school suspension.  The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  In-school suspension will not be imposed for more than ten school days.  Written notice and reasons for the in-school suspension will be sent to the student's parents.

C.     Out-of-School Suspension

1.     Out-of-school suspension is the removal of a student from the school environment for periods of short duration.  Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.

2.    A student may be suspended out of school for up to ten school days by a principal for a commission of gross or repeated infractions of school rules, regulations, policy or the law, or when the presence of the student will cause interference with the maintenance of the educational environment or the operation of the school.  The principal may suspend students after conducting an investigation of the charges against the student, giving the student:

               a.   Oral or written notice of the allegations against the student, and

               b.   The opportunity to respond to those charges.

  At the principal's discretion, the student may be allowed to confront witnesses against the student or present witnesses on behalf of the student.

        3.    Notice of the out-of-school suspension will be mailed no later than the end of the school day following the suspension to the student's parents and the superintendent.  A reasonable effort is made to personally notify the student's parents and such effort is documented by the person making or attempting to make the contact.  Written notice to the parents will include the circumstances which led to the suspension and a copy of the board policy and rules pertaining to the suspension.

D.    Suspensions and Special Education Students

        1.    Students who have been identified as special education students may be referred for a review of the student's Individual Education Program (IEP).  The IEP may be revised to include a continuum of intervention strategies and programming to change the behavior.

        2.    Students who have not been identified as special education students may be referred for evaluation after the student's suspension to determine whether the student has a disability and is in need of special education.

Approved 9-13-93 Reviewed 11-21-16 Revised 4-16-2018

Code No. 503.2

EXPULSION

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).

Approved 9-13-93 Reviewed    5-2-12      Revised 4-16-2018

Code No. 503.2R1

STUDENT EXPULSION REGULATION

The administration shall provide a student faced with expulsion, the following:

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;
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 the above procedures, a special education student must be provided with the following procedures.

1.   Prior to the board’s determination on the matter, a re-evaluation of the special education student must be made by a multi-disciplinary staffing team.  The re-evaluation should include:

a.  Psychological evaluation;

b.  Diagnostic education testing (reading, math, standardized achievement);

c.  Social functioning;

d.  Other evaluations when appropriate (i.e. hearing, vision, speech and language); and,

e.  A review of the incident to determine whether the infraction was directly related to the student’s disability.

1.  A report and recommendation by this team must be made to the hearing panel of the board.  The report must include the findings of the evaluation team as well as the group’s recommendation as to the most appropriate educational program for the student in question.  The report should clearly cite the criteria on which this recommendation was made.  Special note should also be made to whether the district is able to provide the recommended program.

2.  Upon receipt and recommendation by the staffing team, the hearing panel of the board will decide whether to proceed with the recommendation to the board to expel or whether a less restrictive alternative placement will meet the needs of the child in the district.

3.  A recommendation by the hearing panel of the board to expel will be made only when no reasonable alternative is available.  Programs outside the district may be considered when necessary.

Approved   9-13-93            Reviewed  5-2-12       Revised 4-16-2018

Code No. 503.3

FINES - FEES - CHARGES

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.

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. 18.2.

1994 Op. Att'y Gen. 23.

1990 Op. Att'y Gen. 79.

1982 Op. Att'y Gen. 227.

1980 Op. Att'y Gen. 532.

Approved 9-13-93 Reviewed  7-25-2022      Revised  4-16-2018

Code No. 503.3El

 

 

Code No. 503.3R1

STUDENT FEE WAIVER AND REDUCTION PROCEDURES

The board recognizes that while certain fees charged students are appropriate and authorized, certain students and their families are not financially able to pay the fees.  The school district will grant either full waivers, partial waivers or temporary waivers depending upon the circumstances and the student or student's parents' ability to meet the financial criteria.

        A.      Waivers -

1. Full Waivers - a student will be granted a full waiver of fees charged by the school district if the student or student's parents meet the financial eligibility criteria for free meals under the Child Nutrition program, Family Investment Program, or transportation assistance under open enrollment.  Students in foster care are also eligible for full waivers.
2. Partial Waivers - a student will be granted a partial waiver of fees charged by the school district if the student or the student's parents meet the financial eligibility criteria for reduced price meals offered under the Child Nutrition program.  A partial waiver is based on the same percentage as the reduced price meals.
3. Temporary Waivers - a student may be eligible for a temporary waiver of fees charged by the district in the event the student's parents are facing financial difficulty.  Temporary waivers may be applied for at any time throughout the school year and will not extend beyond the end of the school year.

        B.       Application - Parents or students eligible for a fee waiver will make an application on the form provided by the school district.  Applications may be made at any time but must be renewed annually.

        C.       Confidentiality - The school district will treat the application and application process as any other student record and student confidentiality and access provisions will be followed.

        D.      Appeals - Denials of a waiver may be appealed to the [school districts need to include their own appeal process].

        E.       Fines or charges assessed for damage or loss to school property are not fees and will not be waived.

        F.       Notice - the school district will annually notify parents and students of the waiver.  The following information will be included in registration materials.

Students whose families meet the income guidelines for free and reduced price lunch, the Family Investment Program (FIP), or transportation assistance under open enrollment, or who are in foster care are eligible to have their student fees waived or partially waived.  Students whose families are experiencing a temporary financial difficulty may be eligible for a temporary waiver of student fees.  Parents or students who believe they may qualify for temporary financial hardship should contact the Business Manager, Building Secretary or Building Principal for a waiver form.  This waiver does not carry over from year to year and must be completed annually.

Approved        Reviewed   7-25-2022     Revised

Code No. 503.4

GOOD CONDUCT RULE

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 which 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 principal will 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.

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).

Approved 9-13-93 Reviewed 5-2-12 Revised 4-16-2018

Code No. 503.5

CORPORAL PUNISHMENT, MECHANICAL RESTRAINT AND PRONE RESTRAINT

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 and is prohibited.  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::

• Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:
  • To quell a disturbance or prevent an act that threatens physical harm to any person
  • To obtain possession of a weapon or other dangerous object(s) within a studentpupil's control.
  • For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.
  • For the protection of property as provided for in Iowa Codeowa Code section 704.4 or 704.5.
  • To remove a disruptive studentpupil from class or any area of school premises or from school-sponsored activities off school premises.
  • To protect a student from the self-infliction of harm
  • To protect the safety of others.
• 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 physical 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 are given an explanation of the reasons for physical force.

It is 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).

Lai v. Erickson, PTPC Admin. Doc. 83-12 (1983).

Iowa Code §§ 279.8; 280.21.

281 I.A.C. 12.3(6); 103.

Approved 9-13-93 Reviewed    9-24-07     Revised   1-18-2021

Code No.  503.6

PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS

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:

• To prevent or terminate an imminent threat of bodily injury to the student or others; or
• To prevent serious damage to property of significant monetary value or significant nonmonetary value or importance; or
• When the student’s actions seriously disrupt the learning environment or when physical restraint or seclusion is necessary to ensure the safety of the student or others; and
• When less restrictive alternatives to seclusion or physical restraint would not be effective, would not be feasible under the circumstances, or have failed in preventing or terminating the imminent threat or behavior; and
• When the physical restraint or seclusion complies with all applicable laws.

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.

Approved  1-18-2021                          Reviewed                           Revised