Code No. 502.1
STUDENT APPEARANCE
The board believes inappropriate student appearance may cause material and substantial disruption to the school environment or present 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 students' personal 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 Sch. Dist. v. Kulmeier, 484 U.S.260 (1988).
Bethal School Dist. v. Fraser, 478 U.S. 675 (1986).
Tinker v. Des Moines Ind. Sch. Dist. 393 U.S. 503 (1969).
Bystrom v. Fridle High School, 822 F.2d 747 (8th Cir.1987).
Torvik v. Decorah Comm. Sch.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 (Iowa1970).
Iowa Code 279.8 (2013).
Approved 9-13-93 Reviewed 11-21-16 Revised 3-19-18
Code No. 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 turned over 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 (2013).
Approved 9-13-93 Reviewed 5-2-12 Revised 3-19-18
Code No. 502.3
USE OF BICYCLES
Riding a bicycle to and parking it at the student's attendance center is a privilege allowed at the Elementray School in Oakland and Intermediate School in Carson. Riding a bike to school is not allowed at the Junior Senior High School in Oakland. Students who fail to follow the regulations set by the principal of their attendance center or the school district will be subject to withdrawal of the privilege to ride a bicycle to the attendance center and may also be subject to other disciplinary action. Students are not allowed to ride their bikes during school hours and cannot leave until after the buses have left the school grounds.
It shall be the responsibility of the principal to develop and enforce administrative rules for students riding bicycles to and parking them at the attendance center.
Legal Reference:
Iowa Code § 279.8 (2013).
Approved 9-13-93 Reviewed 5-2-12 Revised 3-19-18
Code No. 502.4
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 high school principal.
Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the principal of their attendance center or by the school district. Failure to comply with this policy or the school district rules may be reason for revocation of school driving and parking privileges as well as other disciplinary action.
Students requesting school driving permits must submit a request in writing to the superintendent or designee. 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 is required to travel more than one mile from their home to the school activity on an on-going basis (i.e. attending practices at a field that is more than one mile from home). A student with a disability may be eligible for a student permit if the permit is determined by the superintendent or deisgnee to be an aid in overcoming the disability.
Legal Reference:
Iowa Code §§ 279.8; 321 (2013).
Approved 9-13-93 Reviewed 5-2-12 Revised 3-19-18
Code No. 502.5
STUDENT EXPRESSION AND STUDENT PUBLICATIONS
Student Expression
It is the goal of the district to protect the educational environment for all students to help ensure it is free from substantial disruption or infringement upon their rights. Student expression should be appropriate to help ensure 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.
While students will generally be allowed to express their viewpoints and opinions, in certain qualifying circumstances, student speech may require administrative regulation to help ensure the safety and welfare of the school community. The district may regulate speech that: causes or is reasonably anticipated to cause a material and substantial disruption to the education environment; infringes upon the rights of others; is obscene or lewd; is school sponsored; and/or promotes illegal activity. The administration, when making this judgment, will 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. 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.
The superintendent may develop procedures for safely addressing qualifying types of mass protests by students, including walk-ins and walk-outs. Walk-ins occur when students leave their learning environments during school hours and gather in a group or groups with the purpose of promoting a belief or beliefs. Walk-outs occur when students leave their learning environments during school hours and gather in a group or groups off district property with the purpose of promoting a belief or beliefs.
The superintendent is encouraged to obtain feedback from community stakeholders in the development of these procedures. The goal of the procedures shall be to address student safety, maintain the education environment and promote communication during demonstrations while remaining viewpoint neutral.
Students who violate this policy may be subject to disciplinary measures. Employees are responsible for helping to ensure students' expression is in keeping with this policy. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Student Publications
Students may produce official school publications as part of the curriculum under the supervision of a faculty advisor and the principal. Official school publications include material produced in journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee.
Any expression made by students, including student expression in official school publications, is not an expression of official school policy. The school district, the board, and the employees or officials are not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student speech or expression. The liability, if any, is only to the extent of the interference or alteration of the speech or expression.
Official school publications are free from prior restraint by employees or officials except as provided by law. A faculty advisor will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech. The production of official school publications is guided by the law and by the ethical standards adopted by professional associations or societies of journalism.
Persons, other than students, who believe they have been aggrieved by student expression in a student-produced official school publication will follow the grievance procedure outlined in board policy 213.1. Students who believe their freedom of expression in a student-produced official school publication has been restricted will follow the grievance procedure outlined in board policy 502.4.
The superintendent is responsible for developing a student publications code. This code will include, but not be limited to, reasonable rules including time, place, and manner of restrictions. The superintendent will also be responsible for distributing this policy and the student publications code to the students and their parents.
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 Independent Community School District, 393 U.S. 503 (1969).
Bystrom v.Fridley High School, 822 F.2d 747 (8th Cir. 1987).
Iowa Code §§ 279.8; .73; 280.22
Approved 9-13-93 Reviewed 6-5-07 Revised 7-19-2021
Code No. 502.6
STUDENT COMPLAINTS AND GRIEVANCES
Creating an environment where students feel comfortable addressing their concerns in a meaningful manner is vital to the learning process. It is the goal of the board to resolve student complaints at the lowest organizational level. Student complaints and grievances regarding board policy, or administrative regulations, or and other matters should first 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 student’s teacher or other licensed employee, the student may discuss the matter with the principal within ten (10) days of the employee's decision. If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within ten (10) 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. The board retrains discretion as to whether to consider or take action on any complaint.
Legal Reference:
Iowa Code § 279.8
Approved 9-13-93 Reviewed 11-21-16 Revised 10-18-2021
Code No. 502.7
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 is the responsibility of each student to keep their assigned lockers clean and undamaged.
To ensure students are properly maintaining their assigned locker, the principal of the building may periodically inspect all or a random selection of lockers. Either students or another individual will 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 (2013).
Approved 9-13-93 Reviewed 3-18-24 Revised 3-18-24
Code No. 502.8
WEAPONS IN THE SCHOOL DISTRICT
The board believes weapons, other dangerous objects and look-a-likes in school district facilities and at school district-approved events 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.
All weapons, dangerous objects and look-a-likes are prohibited to be carried, possessed, transported or otherwise stored on school district property and to school district-approved events. Exceptions to this policy include weapons carried by the following individuals in performance of their official duties:
Individuals found to be in violation of this district policy will be required to immediately remove the weapon, dangerous object or look-a-likes from the school district property or event. Students found to be in violation of this policy or any other board policies related to weapons will be subject to disciplinary proceedings.
Legal Reference:
18 U.S.C. § 921
Iowa Code §§ 279.8; 280.21B; 483A.27(11), 724
281 I.A.C. 12.3(6)
Approved 9-13-93 Reviewed 11-3-16 Revised 7-19-2021
Code No. 502.9
SMOKING - DRINKING – DRUGS
The board prohibits the possession, 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 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 the 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 will 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 will include:
It is 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 (2012)
Iowa Code §§ 123.46; 124; 279.8, .9; 453A (2013)
281 I.A.C. 12.3(6);.5(3)(e),.5(4)(e),.5(5)(e).
Approved 9-13-93 Reviewed 6-5-07 Revised 3-19-18
It is the goal of the district to provide a safe and supportive educational environment in which all students may learn. As part of creating that safe educational environment, no employee of the district will provide false or misleading information to the parent/guardian of a student regarding that student’s gender identity or intention to transition to a gender that is different from their birth certificate or certificate issued upon adoption.
If a student makes a request to a licensed employee to accommodate a gender identity, name, or pronoun that is different than what was assigned to the student in the student’s registration forms or records, the licensed employee is required by Iowa law to report the request to an administrator. The school administrator receiving the report is required by Iowa law to report the request to the student’s parent/guardian. This requirement also applies to all nicknames.
To maintain compliance with Iowa law and also provide efficiency in the reporting requirements listed above, the Superintendent will provide the opportunity for parents and guardians to list in the student’s registration paperwork any and all nicknames used for students.
Approved 8/21/23 Reviewed Revised
Code 512.E1
REPORT OF STUDENT DISCLOSURE OF IDENTITY
Dear (Parent/Guardian) _________________,
This letter is to inform you that your student (student’s name listed on registration) ________________ has made a request of a licensed employee to (check all that apply): ______ make an accommodation that is intended to affirm the student’s gender identity as follows: ___________________________________________________________________________________ ___________________________________________________________________________________
______ used a name, pronoun or gender identity that is different from the name, pronoun and/or gender identity listed on the student’s school registration forms. The name, pronoun, or gender identity requested is _________________________________________________________________________. If you would like to amend the student’s registration paperwork to permit the student’s requested accommodation and/or include the use of the above-referenced name/pronoun/gender identity, please complete the attached form and return it to the district administration office.
Sincerely,
________________________________________________ __________________
Administrator Date
Approved 8/21/23 Reviewed Revised
Code 512.E2
REQUEST TO UPDATE STUDENT IDENTITY
__________________________________________________ ________________________________________
(Student’s current name on registration) (Student ID)
Please update my student’s names, pronouns, and/or gender identities on my student’s registration paperwork to include all of the following: __________________________________________________________________________________ (Names) __________________________________________________________________________________ (Pronouns) __________________________________________________________________________________ (Gender identities)
__________________________________ ________________________
Parent/Guardian Date
Approved 8/21/23 Reviewed Revised
Code No. 502.10
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 to 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 present a threat to the health and safety of student, employees, or visitors on the school district premises or property within the jurisdiction of the school district.
It shall be the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.
Legal Reference:
U.S. Constitution, amendment IV.
New Jersey v. T.L.O., 469 U.S. 325 (1985).
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).
Approved 9-13-93 Reviewed 6-05-07 Revised 3-19-18
Code No. 502.10El
SEARCH AND SEIZURE CHECKLIST
I. What factors caused you to have a reasonable suspicion that the search of this student or the student's effects, locker or automobile will turn up evidence that the student has violated or is violating the law or the rules of the school?
A. Eyewitness account.
1. By whom:
2. Date/Time:
3. Place:
4. What was seen:
B. Information from a reliable source.
1. From whom:
2. Time received:
3. How information was received:
4. Who received the information:
5. Describe information:
C. Suspicious behavior. Explain.
D. Student's past history. Explain.
E. Time of search:
F. Location of search:
G. Student told purpose of search:
H. Consent of student requested:
II. Was the search you conducted reasonable in terms of scope and intrusiveness?
A. What were you searching for:
B. Where did you search?
C. Sex of the student:
D. Age of the student:
E. Exigency of the situation:
F. What type of search was being conducted:
G. Who conducted the search:
Position:
Sex:
H. Witness(s):
III. Explanation of Search.
A. Describe the time and location of the search:
B. Describe exactly what was searched:
C. What did the search yield:
D. What was seized:
E. Were any materials turned over to law enforcement officials:
F. Were parents notified of the search including the reason for it and the scope:
Code No. 5O2.10Rl
SEARCH AND SEIZURE REGULATION
I. Searches, in general.
A. Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order. Reasonable suspicion may be formed by considering factors such as the following:
1. eyewitness observations by employees;
2. information received from reliable sources;
3. suspicious behavior by the student; or,
4. the student’s past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.
B. Reasonable Search: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
1. the age of the student;
2. the sex of the student;
3. the nature of the infraction; and
4. the exigency requiring the search without delay.
II. Types of Searches.
A. Personal Searches.
1. A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated school district policies, rules, regulations, or the law affecting school order.
2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.
a) Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.
b) A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened. Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.
B. Locker Inspections and Searches.
Inspections: Although school lockers are temporarily assigned to individual students, they remain the property of the school district at all times. The school district has a reasonable and valid interest in insuring the lockers are properly maintained. For this reason, lockers and desks are subject to unannounced inspections and students have no legitimate expectations of privacy in the locker or desk. Periodic inspections of all or a random selection of lockers may be conducted by school officials in the presence of the student or another individual. Any contraband discovered during such searches shall be confiscated by school officials and may be turned over to law enforcement officials.
Searches: The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a school official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or school policy or rule. Such searches should be conducted in the presence of another adult witness when feasible.
C. Automobile Searches.
Students are permitted to park on school premises as a matter of privilege, not of right. The school retains the authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that illegal, unauthorized, or contraband items are contained inside.
Code No. 502.11
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 those other than parents, school district officials, and employees to interview students shall be made through the principal's office. Upon receiving a request, it is the responsibility of the principal and superintendent 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 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 the school without the consent of the principal and without proper warrant.
Legal Reference:
Iowa Code S 232: 280.17 (2013)
281 I. A. C. 102.
441 I. A. C. 9.2; 155; 175.
640 I. A. C. 4.9
1980 Op. Att'y Gen. 275.
Approved 9-13-93 Reviewed 6-5-07 Revised 3-19-18