502 - Student Conduct

502.1 - Student Conduct

The board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, and 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;
  • On school-owned and/or operated school or chartered vehicles;
  • Attending or engaged in school activities; and
  • 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. 

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. 

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 [or designee] disciplining the student.

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 10 consecutive school days.

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 10 consecutive school days unless due process is provided as required by federal and state law.

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.

This policy is not intended to address the use of seclusion rooms for students.

SPECIAL EDUCATION DISCIPLINE
Discipline of students who have been identified as 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 principals, to develop administrative regulations regarding this policy.


Adopted: 6/70
Reviewed: 5/11; 3/12; 10/14; 1/15; 9/20
Revised: 7/13; 12/16; 10/17; 2/21
Related Policy: 502.1-R; 502.2; 502.2-R; 502.5; 502.5-R1-R3; 502.6-8; 502.8-R; 503.1; 602.5
Legal Reference (Code of Iowa): §§ 279.8; 282.3; 282.4; 708.1; 281 IAC 12.3(6)
IASB Reference: 503.01
Mandatory Policy

502.1-R - Regulations Regarding Student Conduct Procedures and Due Process

DUE PROCESS
Due process procedures include the right of the student to: 

  1. Be given oral and/or written notice of the charges;
  2. Be given the opportunity to admit or deny such charges;
  3. Be given an explanation of the evidence against the student if they deny the charges; and
  4. Be given an opportunity to explain the situation. 

The building principal [or designee] at their discretion may allow a student to confront witnesses against the student or present witnesses on behalf of the student.

As appropriate to the age of the student, the administration will make an effort to notify parents of disciplinary due process, when warranted.

ADMINISTRATIVE ACTION

A. PROBATION

  1. Probation is the conditional suspension of a penalty for a set period of time. Probation may be imposed by the principal [or designee] for infractions of school rules which do not warrant the necessity of removal from school. 
  2. The building principal [or designee] 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 them and an opportunity to respond. Written notice and reasons for the probation will be sent to the student's parents.

B. IN-SCHOOL SUSPENSION

  1. In-school suspensions may be imposed by the building principal [or designee] for infractions of school rules which are serious, but which do not warrant the necessity of removal from school.
  2. The principal [or designee] 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 allegations against them and an opportunity to respond. In-school suspension will not be imposed for a period longer than 10 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 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 10 school days by a principal [or designee] 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 building principal [or designee] may suspend students after conducting an investigation of the charges against the student, giving the student oral or written notice of the allegations against the student, and giving the student: 
    1. Oral or written notice of the allegations against the student, and
    2. The opportunity to respond to the charges.

At the principal’s [or designee’s] discretion, the student may be allowed to confront witnesses against them or present witnesses on their behalf.  

  1. 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.

SUSPENSIONS FOR 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 they have a disability and are in need of special education.

Adopted: 6/80
Reviewed: 5/11; 3/12; 10/14; 1/15; 12/16; 10/17; 9/20
Revised: 7/13; 2/24
Related Policy (Code#): 502.1; 502.2; 502.2-R; 502.5; 502.5-R1-R3; 502.6-8; 502.8-R; 503.1; 602.5
IASB Reference: 503.01-R(1)

502.2 - Expulsion

Only the school board may expel a student from the school environment for more than 10 consecutive school days. Expulsion is defined as the removal of a student from the school environment which includes, but is not limited to, classes and activities not exceeding one year plus the end of the current school term.

Students may be expelled for violations of board policy. It is within the discretion of the school 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 [or designee] to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student. Condition of re-admission of the student will be designated by the school board at the time of the expulsion decision. When appropriate, the board will receive status updates on expelled students. The building principal [or designee] 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 findings of the board in writing open to the student's inspection.

In addition to these procedures, a student receiving special education services must be provided with additional procedures. A determination should be made 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 conduct of the student receiving special education services 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.


Adopted: 6/70
Reviewed: 5/11; 3/12; 10/14; 1/15; 9/20; 10/23
Revised: 7/13; 10/17; 2/24
Related Policy: 502.1-; 502.1-R; 502.2-R; 502.5; 502.5-R1-R3; 502.6-8; 502.8-R; 503.1; 602.5
Legal Reference (Code of Iowa): §§ 21.5; 282.3-5; 281 IAC 12.3(6)
IASB Reference: 503.02
Mandatory Policy

502.2-R - Regulations Regarding Student Expulsion Procedures

The constitutional rights of individuals assure the protection of due process of law, therefore, this system of constitutionally and legally sound procedures is developed with regard to the administration of discipline in the Linn-Mar Community School District. This document is not intended to outline specific rules regarding misconduct for which a student could be expelled, but instead to provide the framework for a fair and orderly method of handling all problems of misconduct.

SCHOOL BOARD ACTION

  1. The school board may, by a majority vote, expel any student from school for a violation of the rules and regulations approved by the board or when the presence of the student is detrimental to the best interests of the school.
  2. Upon the recommendation of the superintendent [or designee] the board may expel a student for violation of school rules or repeated infractions of school rules; or when the presence of the student will cause substantial interference with the maintenance of the educational environment or the normal operation of the school.
  3. The superintendent, the student, or the student’s representative may request a hearing before the school board. The hearing may be in closed session at the request of the student and/or their parents.

HEARING PROCEDURES

  1. A written statement of the alleged misconduct given as grounds for the proposed board expulsion will be given to the student’s parents at least five calendar days before the hearing. The statement will include the names of the school officials and teachers having knowledge of the proposed reasons for expulsion. The written statement will be accompanied by a copy of the board policies and rules pertaining to procedures for student expulsions. 
  2. A written notice will be sent by certified mail to the student’s parents at least three days before the hearing. This notice will contain the date, time, and place of the hearing. This provision may be waived by written agreement of the parties.
  3. If the student’s parents cannot be notified or cannot be present at the hearing because of extenuating circumstances and request a postponement, the board may postpone the hearing until the parents are notified and available to be present. Such requests for postponement should be made at least 48 hours prior to the scheduled hearing time.
  4. If the student, their parents, or their representative do not request postponement for cause and are not present at the time and place scheduled in the hearing notice, the hearing will proceed without them. In such an event the record will show a factual determination by the school board that sufficient and proper notice was given to the parties and no postponement was requested.
  5. Permission will be granted for the appearance of counsel or other representation.
  6. An opportunity will be granted prior to the hearing for the student, or their representative, to examine copies of documents to be used as evidence. Permission will be granted for the student, or their representative, to discuss the matter with administrators, teachers, and other witnesses.
  7. The superintendent [or designee] will present evidence on behalf of the recommendation. An attorney hired by the school board may not, at the same time, present evidence and advise the board.
  8. Witnesses at the hearing or persons whose testimony has been submitted in written form, if available, will be subject to cross-examination by any party as is necessary for a full and true disclosure of the facts.
  9. An opportunity will be granted for the student or their counsel to present the student’s version or refutation of the allegations through documents and witnesses. If the student refuses to testify, they will not be punished for refusal to testify nor will such refusal in any way be construed as an admission of guilt.
  10. The board’s decision will be based solely upon evidence introduced at the hearing.
  11. Within 10 calendar days of the hearing the board will mail or have delivered to the student and their parent(s) a written statement of the board’s decision and the factual basis for it.
  12. A verbatim record of the hearing will be made by mechanized means or shorthand reporter. Such record will be kept by the district for a minimum of one year and will be made available to the student or their parent(s) upon request and at a reasonable cost.

Nothing contained in items 1-12 above will prevent the immediate board expulsion of a student when the student’s continued presence on the school grounds would endanger their safety or well-being, endanger the safety or well-being of other members of the school community, or substantially interfere with the proper functioning of the school. In the instance of an immediate board expulsion, a hearing will be held within 10 days to determine future action. Such a hearing will be conducted in the spirit of due process envisioned in items 1-12 above.

CONDITIONS FOR READMISSION
The school board may consider and, by majority vote of those present, grant readmission to a student suspended by board action at any time and upon any condition it may determine or may designate the authority for readmission to an administrator at the time of the expulsion decision. A decision adverse to the student may be appealed under Chapter 290, Code of Iowa.

Students, parents, and faculty will be regularly informed of school rules regarding student behavior and discipline.


Adopted: 6/80
Reviewed: 5/11; 3/12; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 7/13
Related Policy: 502.1; 502.1-R; 502.2; 502.5; 501.5-R1-R3; 502.6; 502.8; 502.8-R; 503.1; 602.5

502.3 - Prohibition of Tobacco/Nicotine, Alcohol, and Drugs

The board prohibits the distribution, dispensing, manufacturing, possession, use, or being under the influence of alcohol, tobacco/nicotine, or other controlled substances; as well as look-alike substances that appear to be alcohol, tobacco/nicotine (ex: vaping, e-cigarettes, JUUL-like vaping devices, etc.), or other controlled substances (ex: schedule I; schedule II-V drugs without a valid prescription) by students while on school district property or on property within the jurisdiction of the school district; while on school-owned/operated vehicles or chartered vehicles, or while attending or engaged in school activities away from school grounds.

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

The distribution, dispensing, manufacturing, use, purchase, or possession of cigarettes, tobacco/nicotine, or other tobacco products for those under the age of 18 are in violation of federal state, and local laws and may be reported to the law enforcement authorities.

The distribution, dispensing, manufacturing, use, purchase, possession, or being under the influence of alcohol and other controlled substances or drugs not prescribed to the user or distributor (ex: schedule I; schedule II-V drugs) are in violation of federal state, and local laws and may also be reported to the law enforcement authorities.

Violation of this policy by students will result in disciplinary action up to and including suspension or expulsion; and a referral for substance use evaluation by a licensed substance use professional. Students who violate the terms of this policy may also be required to satisfactorily complete a substance use assistance or rehabilitation program. If the student fails to satisfactorily complete such program, they may also be subject to discipline including suspension or expulsion.

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


Adopted: 6/70
Reviewed: 3/12; 10/14; 10/17; 9/20
Revised: 5/11; 7/13; 1/15; 3/23
Related Policy (Code #): 502.1; 502.2; 502.2-R; 502.3-R; 502.4; 1004.3
Legal Reference (Code of Iowa): §§ 123.46; 123; 279.8-9; 453A; 281 IAC 12.3(6); .5(3)(e); .5(4)(e); .5(5)(e)
IASB Reference: 502.07
Mandatory Policy

502.3-R - Regulations Regarding Enforcement of Prohibition of Tobacco/Nicotine, Alcohol, and Drugs

Administrative regulations enforcing Policy 502.3 Prohibition of Tobacco/Nicotine, Alcohol, and Drugs includes three components: prevention, intervention, and discipline.

PREVENTION

  1. Age-appropriate, developmentally based drug and alcohol curriculum for students in grades kindergarten through twelve which addresses the legal, social, and health consequences of tobacco/nicotine, drug, and alcohol use and which provides information about effective techniques for resisting peer pressure to use tobacco/nicotine, drugs, and alcohol;
  2. A statement to students that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful; and
  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.

INTERVENTION

  1. Information about drug and alcohol counseling, rehabilitation, and re-entry programs available to students; and
  2. An expectation that students may be required to successfully complete an appropriate rehabilitation program if involved in substance abuse behaviors.

DISCIPLINE

  1. A clear statement that disciplinary sanctions up to and including suspension or expulsion and referral for prosecution that will be imposed on students who violate the policy;
  2. A requirement that parents and students be given a copy of the standards of conduct and the statement of disciplinary sanctions required; and
  3. Notification to parents and students that compliance with the standards of conduct is mandatory.

The board believes it must do everything within its jurisdiction to ensure the safety and well-being of students. Therefore, the administration of the district will work cooperatively with law enforcement officials, including the police department and the police department canine unit, within the utmost authority of the law to prohibit the use of tobacco/nicotine, alcohol, and drugs. The canine unit may include searches of automobiles, lockers, classrooms, and/or buildings.


Adopted: 9/98
Reviewed: 3/12; 7/13; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 5/11; 7/13
Related Policy: 502.1; 502.2; 502.2-R; 502.3; 502.4
Legal Reference (Code of Iowa): §§ 123.46; 123; 279.8-9; 453A; 281 IAC 12.3(6), .5(3)(e), .5(5)(e)
IASB Reference: 502.07

502.4 - Search and Seizure

School district property is held in public trust by the board. School district authorities may, without a search warrant, search a student; student lockers; personal effects; desks; work areas; or student vehicles based on a reasonable suspicion that a board policy, school rule, or law has been broken. The search will be 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 non-prescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, nicotine, 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 authorities. The board believes that such illegal, unauthorized, or contraband materials cause material and substantial disruption to the school environment or present 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 and are prohibited.

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


Adopted: 7/80
Reviewed: 5/11; 3/12; 7/13; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 9/09; 2/21
Related Policy: 502.1; 502.2; 502.2-R; 502.3; 502.3-R; 502.4-R; 502.4-E
Legal Reference (Code of Iowa): 808A; 281 IAC 12.3(6)
IASB Reference: 502.08

502.4-R - Regulations Regarding Search and Seizure

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 Scope: 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. Age of the students;
2. 
Sex of the student;
3. Nature of the infraction; and
4. The emergency 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 policy, 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 or 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 the students will be endangered by the delay which may e caused by following these procedures.

​B. Locker and Desk Inspections:
Although school lockers and desks 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 and desks 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 or desks may be conducted by school officials in the presence of the student or another individual. Any contraband discovered during such searches will be confiscated by school officials and may be turned over to law enforcement officials.

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 contain 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 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.


Adopted: 7/87
Reviewed: 5/11; 3/12; 10/14; 1/15; 10/17; 9/20
Revised: 9/09; 7/13; 11/23
Related Policy: 502.1; 502.2; 502.2-R; 502.3; 502.3-R; 502.4; 502.4-E
IASB Reference: 502.08-R(1)

502.4-E - Search and Seizure Checklist

CLICK HERE TO DOWNLOAD THE SEARCH & SEIZURE CHECKLIST


What factors caused you to have a reasonable suspicion that the search of this student or the student's effects or automobile would turn up evidence that the student has violated or is violating the law, school policy, rules, or regulations affecting school order?

EYEWITNESS ACCOUNT:

  • By whom:                         
  • Date/Time:                                                             
  • Place:                    
  • What was seen: 

INFORMATION FROM RELIABLE SOURCE:

  • From whom:
  • Time received: 
  • How information was received: 
  • Who received the information: 
  • Describe information: 

SUSPICIOUS BEHAVIOR:

  • Explain: 
  • Time of search: 
  • Location of search: 
  • Student told purpose of search: 
  • Consent of student requested: 

WAS THE SEARCH CONDUCTED REASONBLY IN TERMS OF SCOPE AND INTRUSIVENESS:

  • What were you searching for: 
  • Where did you search: 
  • Sex of student: 
  • Age of student: 
  • Exigency of the situation: 
  • What type of search was being conducted: 
  • Who conducted the search: 
  • Position and Sex: 
  • Witnesses: 

EXPLANATION OF SEARCH:

  • Describe the time and location of the search: 
  • Describe exactly what was searched:
  • What did the search yield: 
  • What was seized:
  • Were any materials turned over to law enforcement officials: 
  • Were parents notified of the search including the reason for it and the scope:                                                                      

Adopted: 8/02
Reviewed: 5/11; 3/12; 7/13; 10/14; 1/15; 10/17; 9/20
Revised: 10/06; 2/21; 10/23
Related Policy: 502.1; 502.2; 502.2-R; 502.3; 502.3-R; 502.4; 502.4-R
IASB Reference: 502.8-E(1)

502.5 - Co/Extra-Curricular Conduct Policy

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 lifetime.

Students who participate in co/extra-curricular 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 co/extra-curricular activities must conduct themselves in accordance with board policy.

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 co/extra-curricular conduct policy.

It is the responsibility of the superintendent in conjunction with principals 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.


Adopted: 3/84
Reviewed: 5/11; 3/12; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 7/13
Related Policy: 502.1; 502.5-R1-R3; 502.6; 503.4-6; 503.10

 

502.5-R1 - Regulations Regarding Co/Extra-Curricular Conduct for Students

Co/extra-curricular activities in the context of this policy include all school sponsored activities other than the regular classroom and laboratory experiences. All approved school activities, clubs, organizations, athletic programs, and intramural competitions are considered co/extra-curricular activities.

Participation in co/extra-curricular activities is considered a privilege by the Linn-Mar Community School District. Proper student conduct in these activities, whether on school grounds or away from school, is expected and must coincide with the rules of the school and the district. Violations of the rules can result in a student being suspended from the activity, removed from the activity permanently, and/or referred to law enforcement agencies.

The director of the co/extra-curricular activity will establish and make known the rules of conduct and regulations for the students participating in the activity. The rules of conduct shall be approved by the building principal [or designee]. Said rules will be in writing and given to each student in the particular activity prior to their membership or involvement. Additional rules of conduct may be established and made known during the school year.

The director of the co/extra-curricular activity may declare a student ineligible whose conduct is contrary to and in violation of the established rules and regulations. A student may contest the declaration of the ineligibility to the building principal [or designee]. An appeal must be submitted in writing and within 48 hours of the declaration. An adverse decision of the building principal [or designee] may be appealed to the superintendent of schools. This appeal must be within seven days of the receipt of the building principal's [or designee’s] decision.

In the event of an adverse decision by the building principal [or designee] and superintendent, the eligibility may be appealed to the Linn-Mar Board of Directors. This appeal must be within seven days of receipt of the decision from the superintendent.

GOOD CONDUCT RULE FOR TRANSFER STUDENTS
Any student declared ineligible under their prior school district's good conduct rule, and who has not completed the full period of ineligibility at that school that transfers to Linn-Mar, will not be eligible for participation in co/extra-curricular activities with the Linn-Mar Community School District until their full period of ineligibility has been completed. Once the period of ineligibility has been completed, the student is then immediately eligible for participation in co/extra-curricular activities with the Linn-Mar Community School District as far as any good conduct rule is concerned.


Adopted: 3/84
Reviewed: 5/11; 3/12; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 7/13
Related Policy: 502.1; 502.5; 502.5-R2-R3; 502.6; 503.4-6; 503.10

502.5-R2 - Regulations Regarding Co/Extra-Curricular Conduct Philosophy & Parent Responsibility

PHILOSOPHY
We believe the Linn-Mar Community School District’s co/extra-curricular program is an extension of a balanced educational program that allows students the opportunity to apply knowledge and skills learned in school to real life situations. It is through this interaction and systematic guidance of students in their everyday environments that we can provide first-hand experiences, test their skills, provide successes, and offer an effective means to prepare students for a total growth. Co/extra-curricular activities contribute to the total growth of a young person, provided these activities are conducted from a balanced educational perspective. The educational challenge is to provide a student the opportunity to learn how to learn. 

Co/extra-curricular activities serve many purposes. The benefits of a well-directed co/extra-curricular program are far reaching. Each activity should strive to achieve the following goals:

  1. Develop school spirit;
  2. Provide service to the school;
  3. Help students develop a feeling of competency;
  4. Provide opportunities to develop social skills;
  5. Provide opportunities for social mobility;
  6. Provide for informal interaction between faculty members, students, and parents;
  7. Provide training in citizenship and foster leadership;
  8. Provide opportunities for self-expression;
  9. Help students develop worthwhile activities for their leisure time;
  10. Provide opportunities for recreation;
  11. Provide information on vocations/careers and other topics of interest; and
  12. Promote healthy and productive lifestyles.

CO/EXTRA-CURRICULAR CONDUCT POLICY
The Linn-Mar Community School District co/extra-curricular programs are completely voluntary. No student is obligated to take part in co/extra-curricular school activities. Participation is not required for advancement or graduation. Furthermore, school boards have the authority to adopt good conduct rules (Reference: Board of Directors of the Independent School District of Waterloo vs Green, 147 NW 2d 854, 1967). The basis of good conduct rules may apply to co/extra-curricular activities beyond athletics (Reference: Bunger vs Iowa High School Athletic Association, 197 NW 2d 555, Iowa 1972).

Co/extra-curricular participants in athletics, forensics, dramatics, or other interscholastic activities play a somewhat different role at school. Leadership brings additional responsibility and more is expected of participants in order to be eligible for their particular activity.

According to Linn-Mar Policy 502.5-Co/Extra-Curricular Conduct Policy, proper student conduct in these activities whether on school grounds or away from school during the school year or during the summer is expected and must coincide with the rules of the school and district.

By signing the Co/Extra-curricular Information Form, parents are indicating they have read and understand the following:

  1. I am aware of the inherent risks of potentially serious injury while participating in school co/extra-curricular activities. In light of these potential risks, I give my child permission to participate;
  2. I understand that certain co/extra-curricular activities require, by state and local rule, that participants have a physical examination completed by an MD, DO, DC, or approved nurse practitioner and on file with the school health services office prior to participation in a sport or activities;
  3. I understand that there is no school insurance to provide protection to my child during any phase of their participation in co/extra-curricular activities. All participants in co/extra-curricular activities should have some type of health/accident coverage or purchase an alternate student insurance policy available through the district;
  4. I give permission for an authorized school official to obtain medical attention for my child in case of injury or illness;
  5. I give consent for my child to engage in school approved co/extra-curricular activities as a representative of the school;
  6. I give consent for my child to accompany the school approved co/extra-curricular group on school-sponsored transportation to both in and out-of-town co/extra-curricular activities. Transportation home, other than school-sponsored transportation, may only be approved by the sponsor or coach if the parent of the child is present;
  7. I give consent for my child to travel to and from school-approved co/extra-curricular activities by means other than a school vehicle when school transportation is unavailable or impractical. I also waive the responsibility of the school district when my child is being transported by means other than a school vehicle and/or by a driver other than school personnel to or from a school-sponsored activity;
  8. I am aware that there are board policies and a board approved student handbook that contain certain regulations for academic eligibility; attendance in school; behavior both in and out of school; and rules concerning the possession, distribution, or use of alcohol, drugs, and tobacco/nicotine. I understand that school administration may suspend or expel my child from co/extra-curricular activities for failure to abide by these regulations. I also understand that each activity may have additional rules for participation;
  9. I understand that some activities require fees, such as uniform and rental fees;
  10. I understand that academic eligibility for co/extra-curricular activities will be determined according to the guidelines established in board Policy 502.6-High School Academic Eligibility for Co/Extra-Curricular Activities. Students are advised that high school students must pass all courses during the preceding grading period in order to be eligible to participate in co/extra-curricular activities; and
  11. I understand that parents/spectators should be role models at all activities whether they are home or away. Parents/spectators must realize inappropriate and unsportsmanlike behavior may result in removal from the activities.

Adopted: 7/97
Reviewed: 5/11; 3/12; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 7/13
Related Policy: 502.1; 502.5-R1, R3; 502.6; 503.4-6; 503.10; 1005.6; 1005.6-E

502.5-R3 - Regulations Regarding Co/Extra-Curricular Conduct Suspension of Participation

Students who participate in co/extra-curricular activities involving public performances are prohibited from possessing, using, transporting, controlling, or transmitting tobacco/nicotine, alcohol, or other drugs at any time (year-round) during their middle school or high school career. The administration will suspend a student if it is determined, as reported by school personnel, that a violation did occur. The ruling will include any activities outside of school, as well as at school or at school events (either home or away). Suspensions may also result from either legal documentation or by self-admittance. Investigation of possible infractions will involve parent notification. If a student is guilty of an infraction and is not currently involved in an activity, the suspension will become effective utilizing the activities they were involved in the previous year.

1st Offense (During middle school or high school career):

  1. Suspended from at least 20% of public performances with carryover to next activity;
  2. Counseling required prior to reinstatement (Suspended from at least 33% of performances if no progression in counseling); and
  3. Must continue practicing.

2nd Offense (During middle school or high school career):

  1. Suspended from at least 50% of public performances with carryover to next activity;
  2. Counseling required prior to reinstatement; and
  3. Must continue practicing.

3rd Offense (During middle school or high school career):

  1. One-year suspension from co/extra-curricular activities; and
  2. Counseling required prior to reinstatement for all third offenses.

4th Offense (During middle school or high school career):

  1. Permanent suspension from co/extra-curricular activities; and
  2. Counseling available for all fourth offenses.

**Established school/team/group rules may also apply to violations.

In order for the suspension to be put into effect, it must be clearly determined that the violation did occur. It is clear that an admission from the student is not required prior to disciplining a student. (Reference: Schmahl vs. Glenwood Community School District, 2 DPI App Dec. 26, 1979)

COURT SYSTEM INVOLVEMENT
Students admitting to or found guilty of non-trafficking misdemeanors or felonies not defined in these regulations may be subject to suspension from co/extra-curricular activities as determined by the building principal [or designee]. The district will cooperate with the courts or other recognized public agencies in carrying out consequences in co/extra-curricular activities.

APPEAL PROCESS
As established by board policies 502.5-Co/Extra-Curricular Conduct Policy and 502.5-R1 Regulations Regarding Co/Extra-Curricular Conduct for Students.

DEFINITIONS
Carryover: In situations when there are not enough performances remaining in a season to complete a suspension, the suspension will be carried over to the next co/extra-curricular activity in which the student participates.

Counseling: Directed by Linn-Mar middle school/high school counseling offices or other non-school agencies that students are referred to, or are approved by, school counselors or the district’s Student Assistance Team. Any cost for use of non-school agencies is the responsibility of the student/parent. Linn-Mar counseling services will include discussion of decision-making skills, tobacco/nicotine/alcohol/drug information, and peer and family relationships with parents invited to participate. A student may receive confidential assistance at any time during their middle school or high school career.

Possession/Use/Transportation/Control/Transmission:

  • Tobacco/Nicotine: Personal possession, use, transportation, control, or transmission.
  • Alcohol and Other Drugs: As defined by legal statute and/or court interpretation.
  • Possession, transportation, control, or transmission may be determined by prior knowledge or intent. 
  • Team/activity rules may be more specific.

Public Performance Activity: Is a co/extra-curricular activity where students are expected to perform in activities which the public may view. Examples include but are not limited to athletic events, concerts, plays, debates, speech contests, music contests, previews, and exhibitions. Activities begin with the first required meeting for any participant and end when equipment is checked in, the set is struck, or the last required meeting occurs, etc. Athletic seasons are defined by the state or locally designated starting and ending dates. Public performances are determined by the administration prior to the beginning of co/extra- curricular activities.


Adopted: 4/91
Reviewed: 5/11; 3/12; 10/14; 10/17; 9/20; 10/23
Revised: 7/13; 1/15
Related Policy: 5021; 502.3; 502.3-R; 502.5; 502.5-R1-R2; 502.6; 503.4-6; 503.10; 1004.3

502.6 - High School Academic Eligibility for Co/Extra-Curricular Activities

Co/extra-curricular activities include, but are not limited to, interscholastic athletic contests, extra-curricular fine arts performances, and other competitions, trips, or performances by Linn-Mar High School sponsored clubs, teams, and organizations.

Students not academically eligible may be allowed to participate in practices at the discretion of the coach, director, or sponsor with the approval of the high school principal [or designee]. Academically ineligible students may travel with co/extra-curricular activity groups at the discretion of the athletic director or administrator but may not participate.

Students must pass all courses during the preceding grading period in order to be eligible to participate in co/extra-curricular activities. Students who do not pass all courses during the preceding grading period will be ineligible for a 30-day consecutive calendar period. For co/extra-curricular activities, this 30-day period will begin in the next grading period, the day after grades are available.

For athletics, this ineligible period will follow the guidelines of the Scholarship Rule, 281 IAC 36.15(2). The Scholarship Rule states that the student is ineligible for a 30-day consecutive calendar period in the next (or current) occurring interscholastic athletic team in which the student is a contestant. The 30-day period begins on the first date that competition in the sport is allowed, as determined by the Scholarship Rule. There is no requirement that the student competed in the sport previously.

In order to fulfill the requirements of a loss of competition penalty the student must complete the entire activity/sport season in good standing, as well as be withheld from the prescribed number of competition dates. To be considered a member in good standing, the student must follow all behavioral, attendance, and team expectations; be an active team member at the end of the season; and their name must be listed on the end-of-season report for the sport. If a student quits an activity/sport or is removed from an activity/team because of disciplinary reasons, they will not receive credit for time served.

Students who receive incomplete grades will be ineligible until all course work is satisfactorily completed. The courses must be completed within 10 days after the conclusion of the previous grading period. Students who qualify for credit recovery will be ineligible for a minimum of 30 days, pending the completion of all course work at a passing level. This work will be monitored by the academic assistance counselor with final approval by the principal [or designee].

The principal [or designee] is responsible for checking the records of students in activities at the beginning of the activity and at the end of each grade reporting period that the activity is in progress to determine eligibility and will notify the coach, director, or sponsor of ineligible students.

All first-time ninth graders (freshmen) will be considered academically eligible at the end of their eighth grade school year. The academic eligibility of incoming high school transfer students during the school year will be determined by their grades earned and reported by their previous school. Summer activities are considered an extension of the second semester.

The superintendent is responsible for the administrative regulations for academic eligibility.


Adopted: 5/90
Reviewed: 5/11; 4/12; 10/14; 1/15; 9/20; 10/23
Revised: 7/13; 4/16; 10/17; 11/17
Related Policy : 502.1; 502.5; 502.5-R1-R3; 503.4-6; 503.10

 

502.7 - 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. 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, may be used with or without advance notice when the use of such force is deemed essential in order to accomplish any of the following purposes:

  1. To quell a disturbance or prevent an act that threatens physical harm to any person;
  2. To obtain possession of a weapon or other dangerous objects within a student’s control;
  3. For the purposes of self-defense or defense of others as provided for in Iowa Code Section 704.3;
  4. For the protection of property as provided for in Iowa Code Sections 704.4 or 704.5;
  5. To remove a disruptive student from class or any area of school premises or from school-sponsored activities off school premises;
  6. To protect a student from the self-infliction of harm; or
  7. To protect the safety of others.

2. The use of incidental, minor, or reasonable physical contact may be used to maintain order and control.

Mechanical restraint means the use of a device as a means of restricting a student’s freedom or 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 and it should be moderate so as not to cause permanent physical harm to the student. 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; and
  5. The motivation of the school employee using physical force.

Upon request, the student's parents will be given an explanation of the reasons for physical force.

It is the responsibility of the superintendent [or designee] to develop administrative regulations regarding this policy.


Adopted: 7/90
Reviewed: 5/11; 4/12;  7/13; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 9/09; 2/21
Related Policy: 502.1; 502.1-R
Legal Reference (Code of Iowa): §§ 279.8; 280.21; 281 IAC 12.3(6); 103
IASB Reference: 503.05

502.8 - Weapons

The Linn-Mar Community School District Board of Education believes weapons, other dangerous objects, and look-alikes in school district facilities cause material and substantial disruption to the school environment and present a threat to the health and safety of students, employees, and visitors on 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-alikes.

All weapons, dangerous objects, and look-alikes are prohibited to be carried, possessed, transported, or otherwise stored on school district property and to district-approved events. Exceptions to this policy include weapons carried by the following individuals in performance of their official duties:

  1. Law enforcement officials;
  2. Military personnel;
  3. Corrections officers;
  4. Individuals approved in writing by the superintendent; and
  5. Student and individuals approved in writing by the superintendent who are actively engaging in a district-approved firearms safety course, hunter education course, or shooting sports activity.

All weapons, other dangerous objects, and look-alikes will be taken from students and others who bring them onto 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-alikes on school property will be notified of the incident. Possession or confiscation of weapons, dangerous objects, or look-alikes will be reported to law enforcement officials and the student will be subject to disciplinary action, including suspension or expulsion.

Students bringing firearms to school will be expelled for not less than 12 months. The superintendent will have the authority to recommend this expulsion requirement be modified for students on a case-by-case basis. For purposes of this portion of the 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; any explosive, incendiary, or poisonous gas; or otherwise defined by applicable law.

The superintendent [or designee] may develop the administrative process or procedures to implement this policy.


Adopted: 12/94
Reviewed: 5/11; 7/13; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 12/16; 9/21
Related Policy: 502.1; 502.1-R; 502.2; 502.2-R; 502.8-R
Legal Reference (Code of Iowa): §§ 279.8; 280.21B; 483A.27(11); 724; 281 IAC 12.3(6)
IASB Reference: 502.06; 905.03
Mandatory Policy

502.8-R - Regulations Regarding Weapons

For the purposes of Policy 502.8 - Weapons, the following definitions are to be used by district officials and administrators in the administration of the policy:

In the Linn-Mar Community School District weapons are defined as any dangerous objects which cause material and substantial disruption to the school environment or present a threat or perceived threat to the health and safety of students, employees, and visitors on district premises or property within the jurisdiction of the school district. Although not an all-inclusive list, the following are examples of weapons: knives, clubs, brass knuckles, look-alike weapons, and look-alike firearms.

Firearms is defined as:

  1. any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive;
  2. the frame or receiver of any such weapon;
  3. any firearm muffler or firearm silencer, or
  4. any destructive device.

Destructive Device means:

  1. Any explosive, incendiary, or poisonous gas:
    • bomb;
    • grenade;
    • rocket having a propellant charge of more than four ounces;
    • missile having an explosive or incendiary charge of more than ¼ ounce;
    • mine; or
    • device similar to any of the devices described in the preceding clauses.
  2. Any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant and which has any barrel with a bore of more than one-half inch diameter.
  3. Any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (1) or (2) and from which a destructive device may be readily assembled.

Adopted: 12/94
Reviewed: 5/11; 7/13; 10/14; 12/16; 10/17; 9/20; 10/23
Revised: 1/15
Related Policy: 502.1; 502.1-R; 502.2; 502.2-R; 502.8-R
Legal Reference (Code of Iowa): §§ 279.8; 280.21B; 483A.27(11); 724; 281 IAC 12.3(6)
IASB Reference: 502.06; 905.03

502.9 - Student Appearance

The board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health or 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; 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 [or designee] a student's appearance or mode of dress disrupts the education process or constitutes a threat to health or safety, the student may be required to make modifications.

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


Adopted: 9/98
Reviewed: 5/11; 4/12; 7/13; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 11/06
Legal Reference (Code of Iowa): § 279.8
IASB Reference: 502.01

502.10 - Care of School Property/Vandalism

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

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


Adopted: 9/98
Reviewed: 5/11; 4/12; 7/13; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 11/06
Legal Reference (Code of Iowa): §§ 279.8; 282.4-5; 613.16
IASB Reference: 502.02

502.11 - 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 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.

Student expression other than student expression in student-produced, official school publications made on the school district premises, 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 materials that may be harmful or inappropriate.

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 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. Furthermore, 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 a 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 will 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 building principal. Official school publications include materials produced in journalism or writing classes or for the newspaper, yearbook, or electronic forms of communication including video and web media which are distributed to the student body and publicly available either free or for a fee.

Any expression made by students which may include, but is not limited to, written materials, art, photos, and graphic images including student expression in official school publications, is not an expression of official school policy. The school district, board, and 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 will be 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 publications will follow the grievance procedures outlined in board Policy 502.12-Student Complaints and Grievances. Students who believe their freedom of expression in a student-produced, official school publication has been restricted will follow the grievance procedure also outlined in Policy 502.12.

The superintendent in conjunction with building principals will be 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 [or designee] will also be responsible for distributing this policy and the student publications code to the students and their parents.


Adopted: 9/98
Reviewed: 5/11; 4/12; 7/13; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 11/06; 9/21
Related Policy: 502.11-R
Legal Reference (Code of Iowa): §§ 279.8, .73; 280.22
IASB Reference: 502.03
Mandatory Policy

502.11-R - Regulations Regarding Student Expression and Student Publications

STUDENT EXPRESSION
Student expression is speech, action, or other forms of expression which convey a student’s beliefs, views, or opinions.

OFFICIAL SCHOOL PUBLICATIONS
Official school publications are materials produced by students in journalism or writing classes or for the newspaper, yearbook, or electronic forms of communication including video and web media which are distributed to students and publicly available either free or for a fee.

LIMITATIONS TO STUDENT EXPRESSION

  1. No student will express, publish, or distribute material which is:
  • Obscene
  • Libelous
  • Slanderous
  • Encourages students to:
    • Commit unlawful acts
    • Violate lawful school regulations
    • Cause the material and substantial disruption of the orderly and efficient operation of the school or school activity
    • Disrupt or interfere with the education program
    • Interrupt the maintenance of a disciplined atmosphere
    • Infringe on the rights of others

RESPONSIBILITIES OF STUDENTS FOR OFFICIAL SCHOOL PUBLICATIONS

  1. Students writing or editing official school publications will assign and edit the news, editorial, and feature contents of the official school publications subject to the limitations of the district’s student publications code and the law.
  2. Students will strive to achieve professional standards of accuracy, fairness, objectivity, and thoroughness in each and every aspect of official school publications.
  3. Students will strive to achieve professional standards of grammar, usage, punctuation, and spelling for clarity and accuracy of official school publications.

RESPONSIBILITIES OF FACULTY ADVISORS FOR OFFICIAL SCHOOL PUBLICATIONS
Faculty advisors 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. Official school publications are produced under the supervision of a faculty advisor. Faculty advisors to students producing official school publications will supervise the production of the student staff in order to maintain professional standards of English journalism. District employees acting within the scope of their professional ethics will not suffer adverse employment action or retaliated against for acting to protect a student for engaging in authorized student expression or for refusing to infringe on protected student expression.

DISTRICT EMPLOYEE RIGHTS
Any district employee or official, acting within the scope of that person’s professional ethics, if any, will not be dismissed, suspended, disciplined, reassigned, transferred, subject to termination or nonrenewal of a teaching contract or extra-curricular contract, or otherwise retaliated against for acting to protect a student for engaging in expression protected by law, or refusing to infringe upon student expression that is protected by law.

LIABILITY
Student expression, including student expression in an official school publication will not be deemed to be an expression of the school district. The school district, board, and 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 expression. The liability, if any, is only to the extent of interference or alteration of the speech or expression.

APPEAL PROCEDURES

  1. Students who believe they have been unreasonably restricted in their exercise of expression in an official school publication will seek review of the decision through the student grievance procedure, under board Policy 502.12 Student Complaints and Grievances.
  2. Persons who believe they have been aggrieved by a student-produced official student publication will also file their complaint through the citizen grievance procedure under Policy 502.12.

TIME, PLACE, AND MANNER OF RESTRICTIONS ON STUDENT EXPRESSION

  1. Student expression may be conveyed, and official student publications may be distributed in a reasonable manner on or off school premises.
  2. Student expression and distribution of official school publications in a reasonable manner will not encourage students to:
  • Commit unlawful acts
  • Violate lawful school regulations
    • Cause the material and substantial disruption of the orderly and efficient operation of the school or school activity;
    • Disrupt or interfere with the education program;
    • Interrupt the maintenance of a disciplined atmosphere; and
    • Infringe on the rights of others.

Adopted: 9/98
Reviewed: 5/11; 4/12; 7/13; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 9/09; 9/21
Related Policy: 502.11
Legal Reference (Code of Iowa): §§ 279.8, .73; 280.22

502.12 - 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, administrative regulations, or other matters should first be addressed to the student's teacher or another licensed employee, other than the administration, for resolution of the complaint.

If the complaint cannot be resolved by the student’s teacher or a licensed employee, the student may discuss the matter with the building principal within 7 days of the employee's decision. If the matter cannot be resolved by the building principal, the student may discuss it with the superintendent within 7 days after speaking with the building principal.

If the matter is not satisfactorily resolved by the superintendent, the student may request to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy. The board retains discretion as to whether to consider or take action on any complaints.


Adopted: 9/98
Reviewed: 5/11; 4/12; 7/13; 10/14; 1/15; 10/17; 9/20
Revised: 1/22; 10/23
Related Policy: 1003.3
Legal Reference (Code of Iowa): § 279.8
IASB Reference: 502.04

502.13 - Student Lockers

Student lockers are the property of the school district. Students may 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 students to keep their assigned lockers clean and undamaged.

To ensure students are properly maintaining their assigned lockers, the ­building principal [or designee] 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.  (Refer to policies 502.4, 502.4-R, and 502.4-E)


Adopted: 9/98
Reviewed: 5/11; 4/12; 7/13; 10/14; 1/15; 10/17; 9/20; 10/23
Revised: 11/06
Related Policy: 502.4; 502.4-R; 502.4-E
Legal Reference (Code of Iowa): §§ 279.8; 280.14; 808A
IASB Reference: 502.05

502.14 - Use of Physical Restraint and/or Seclusion of Students

It is the goal of the school district that all students can learn and grow in a safe and peaceful environment that nurtures the students 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 their arms, legs, body, or head freely. Physical restraint does not mean a technique used by trained school employees, 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, handshaking, hugging, or other non-disciplinary physical contact.

SECLUSION means the involuntary confinement of a student in a seclusion room or area from which the student is prevented or prohibited from leaving; however, preventing a student 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 student, such as crisis intervention or instruction.

PHYSICAL RESTRAINT OR SECLUSION IS REASONABLE OR NECESSARY ONLY

  1. To prevent or terminate an imminent threat of bodily injury to the student or others; or
  2. To prevent serious damage to property of significant monetary value or significant nonmonetary value or importance; or
  3. 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
  4. 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
  5. 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 law. Any individual who is not employed by the school 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 Executive Director of Student Services [or designee] will ensure a post-occurrence debriefing meeting is held, maintain documentation, and fulfill reporting requirements for each occurrence of physical restraint or seclusion as required by law.


Adopted: 2/21
Reviewed: 10/23
Related Policy: 502.1; 502.1-R; 502.7; 502.14-R; 502.14-E1-E3
Legal Reference (Code of Iowa): §§ 279.8; 280.21; 281 IAC 103
IASB Reference: 503.06

 

502.14-R - Regulations Regarding Use of Physical Restraint and/or Seclusion of Students

The Linn-Mar Community School District will comply with 281 Iowa Administrative Code Chapter 103 for the use of physical restraint and seclusion of students including but not limited to:

  1. Physical restraint and seclusion will be used only by employees who have been trained in accordance with applicable law unless a trained employee is not immediately available due to the unforeseeable nature of the occurrence.
  2. As soon as practical after the situation is under control, but within one hour after either the occurrence or the end of the school day, whichever occurs first, the school will attempt to contact the student’s parents/guardians using the school’s emergency contact system.
  3. The seclusion or physical restraint is used only for as long as necessary based on research and evidence to allow the student to regain control of their behavior to the point that the threat or behavior necessitating the use of the seclusion or physical restraint has ended, or when a medical condition occurs that puts the student at risk of harm. Unless otherwise provided for in the student’s written and approved Individualized Education Plan (IEP), Behavioral Intervention Plan (BIP), Individualized Healthcare Plan (IHP), or safety plan, if the seclusion or physical restraint continues for more than 15 minutes:
    1. The student will be provided with any necessary breaks to attend to personal and bodily needs, unless doing so would endanger the student or others.
    2. An employee will obtain approval from an administrator [or designee] to continue seclusion or physical restraint beyond 15 minutes. After the initial approval, an employee must obtain additional approval every 30 minutes thereafter for the continuation of the seclusion or physical restraint.
    3. The student’s parents/guardians and the school may agree to more frequent notifications than is required by law.
    4. Schools and district employees must document and explain in writing the reasons why it was not possible for employees to obtain approval, notify parents/guardians, or take action within prescribed time limits.
    5. Schools and district employees who begin and then end use of nonapproved restraints will document and explain in writing the reasons why they had no other option but to use this type of behavioral intervention.
  4. The area of seclusion will be a designated seclusion room that complies with the seclusion room requirements in accordance with law, unless the nature of the occurrence makes the use of the designated seclusion room impossible, clearly impractical, or clearly contrary to the safety of the student, others, or both; in that event, the school must document and explain in writing the reasons why a designated seclusion room was not used.
  5. An employee must continually visually monitor the student for the duration of the seclusion or physical restraint.
  6. If an employee restrains a student who uses sign language or an augmentative mode of communication as the student’s primary mode of communication, the student will be permitted to have their hands free of physical restraint, unless doing so is not feasible in view of the threat posed.
  7. Seclusion or physical restraint will not be used as punishment or discipline; to force compliance or to retaliate; as a substitute for appropriate educational or behavioral support; to prevent property damage except as provided by law; as a routine school safety measure; or as a convenience to staff.
  8. The Executive Director of Student Services [or designee] will investigate any complaint or allegation that one or more employees violated any provisions of 281 Iowa Administrative Code Chapter 103. If the district determines a violation has occurred, corrective action will be taken up to and including termination of the employees involved. If the allegation or complaint involves a specific student, the district will notify the parents/guardians of the involved student about the results of the investigation. If any allegation or complaint is also defined as abuse in 281 Iowa Administrative Code 102.2, the procedures listed in Chapter 102 will apply.
  9. The district must comply with and implement Chapter 103 whether or not a parent/guardian consents to the use of physical restraint or seclusion.

Adopted: 1/21
Revised: 10/23
Related Policy (Code#): 502.1; 502.1-R; 502.7; 502.14; 502.14-E1-E3
Legal Reference (Code of Iowa): §§ 279.8; 280.21; 281 IAC 103
IASB Reference: 503.06-R(1)

502.14-E1 - Documentation of Use of Physical Restraint and/or Seclusion of Students

CLICK HERE TO DOWNLOAD THE DOCUMENTATION OF USE OF PHYSICAL RESTRAINT FORM


Physical restraint or seclusion is used to protect the safety of the student or to protect others who are likely to be in jeopardy should a student’s actions continue. All instances of physical support in the form of restraint or seclusion will be documented.

Student's Name:
Building:
Date of Occurrence:
Grade:
Teacher:
Time of Seclusion:
Time of Restraint:
Duration of Total Occurrence in Minutes:

Employee’s Full Name, Title, and Date of Last Training on Restraints and/or Seclusion: Include all who were involved with or implemented the restraint or seclusion, as well as those who observed the occurrence. Include the information of the administrator who approved the extended time, if applicable. Employees are to initial next to their name after the completed form is reviewed.

Describe the antecedent that led to the restraint/seclusion: Provide a brief description of the trigger/cause-setting events of the behavior, including both the student and adult behaviors.
Student:
Adult:

What approaches were used to deescalate the student: (Check all that apply)
____Silence/Wait Time
____Choice/Options Given
____Verbal Redirections
____Removal of Demand
____Planned Ignoring
____Time Out in Hallway
____Time Out in Classroom
____Written Redirections
____Adult Proximity (Near or Far)
____Visual Redirections
____Other (Please specify)

If there is a Behavioral Intervention Plan (BIP) for the student, what strategies were used from it:

Describe the student and adult behaviors during the restraint/seclusion:
Student:
Adult:

Describe the restraint/seclusion utilized and the reason why:
____Seclusion
____CPI Restraint & Name of the CPI Restraint Used
Why Used: ____Danger to Self   ____Danger to Others
What was the exact safety concern:

Describe the student and adult behaviors after the restraint/seclusion:
Student:
Adult:

Is there any property damage: ____Yes    ____No
List any repairs or replacements needed:

Injury Documentation:
If "yes" is checked for any items below, please complete and return an Injury Report Form.

  1. Visible marks noticed on student prior: ____Yes    ____No
  2. Injury to student (damage to body) during intervention: ____Yes    ____No
  3. If you answered "yes" in item 2, did the nurse check them: ____Yes    ____No
  4. If you answered "no" in item 3, why were they not checked:
    Details of student injury:
  5. Injury to staff (incident report filled out) during intervention: ____Yes    ____No
  6. If you answered "yes" in item 5, did the nurse check them: ____Yes    ____No
  7. If you answered "no" in item 6, why were they not checked:
    Details of staff injury:

Describe future approaches to the student's behavior, including possible IEP meetings to address behavior concerns:

If the occurrence involved a period of physical restraint or seclusion that exceeds 15 minutes an administrator [or designee] must authorize approval of the continuation:
Time Approved:
Administrator's Name/Title:
Reason for length of occurrence:

If the occurrence involved a period of physical restraint or seclusion that exceeds 30 minutes from the last approval time, an administrator [or designee] must authorize approval of the continuation:
Time Approved:
Administrator's Name/Title:
Reason for length of occurrence:

If the occurrence lasts longer than 15 minutes a break for bodily needs should be offered if it is safe to do so:
Time break offered:
Student: _____Accepted    ____Declined
If break was not offered, please explain why:

Coping Method:

  • Control: Check in with student and staff
  • Orient: What happened
  • Patterns: Look for patterns of past behavior
  • Investigate: Discuss alternatives to the behavior
  • Negotiate: Proceed with plan involving student and staff
  • Give: Give encouragement and praise to the student and staff

Coping Model Check in:
Student
Date:
Time:
Staff Present:

Staff
Date:
Time:
Staff Present:

Parent/Guardian Notification:
Parents/guardians will be notified as soon as practicable once the occurrence is under control but no more than one hour after or the end of the school day, whichever occurs first.

Spaces below for documenting multiple attempts to notify parents/guardians are listed in case they cannot be reached on the first attempt.

Notification Attempt One:
Employee Attempting Notification:
Parent/Guardian Contacted:
Time/Manner of Notification:
Was notification successful: ____Yes    ____No

Notification Attempt Two:
Employee Attempting Notification:
Parent/Guardian Contacted:
Time/Manner of Notification:
Was notification successful: ____Yes    ____No

Notification Attempt Three:
Employee Attempting Notification:
Parent/Guardian Contacted:
Time/Manner of Notification:
Was notification successful: ____Yes    ____No

A written copy of this form was sent to the student’s parents or guardians within three school days of the occurrence. Unless the parent or guardian agreed to receive the report by email, fax, or hand delivery; the report must be sent by mail and postmarked by the third day following the occurrence. This report cannot be placed in a student’s backpack.

Enclosed with a copy of this form was an invitation for the parents or guardians to participate in a debriefing meeting scheduled in accordance with law set for the following:
Date:
Time:
Location:

Reporter's Name:
Date:
Building Administrator/Designee Signature:

Documentation Provided by: (Please check all that apply)
____By mail and postmarked within three school days of occurrence
____By electronic email upon written request of the parent/guardian
____By electronic fax
____By hand delivery
____Other by written request of the parent/guardian (Please specify other mode below)

Copies provided to: Parent/guardian, student file, and Executive Director of Student Services


Adopted: 2/21
Reviewed: 10/23
Related Policy: 502.14; 502.14-R; 502.14-E2-E3

 

502.14-E2 - Notice of Debriefing Meeting Regarding Use of Physical Restraint and/or Seclusion of Students

CLICK HERE TO DOWNLOAD THE NOTICE OF DEBRIEFING MEETING REGARDING USE OF PHYSICAL RESTRAINT


Date:

Dear [Names of Parents/Guardians],

Recently your student, [Add student’s full legal name here], was involved in an occurrence at school that required their physical restraint and/or seclusion as defined by 281 Iowa Administrative Code, Chapter 103; which is included with this letter. A report related to the occurrence is also included with this letter.

I am inviting you to attend a debriefing meeting to engage with us on topics related to this occurrence. With your assistance, we want to foster the continued health, safety, and educational growth of your student. The law requires debriefing meetings be held for such occurrences under the following circumstances:

  1. Following the first instance of seclusion or physical restraint during a school year;
  2. When any personal injury (including physical, mental, and/or psychological) occurs as part of the use of seclusion or physical restraint;
  3. When a reasonable educator would determine a debriefing session is necessary;
  4. When suggested by a student’s IEP team;
  5. When agreed to by the parents/guardians and school officials; and
  6. After seven instances of seclusion or physical restraint of the student.

This letter is intended to inform you that a debriefing meeting, due to reason ________ listed above, will be held on: 
Date: 
Time: 
Location & Address: 

The following employees will be in attendance at the meeting (include name and title):

If you need to reschedule this meeting, please contact me as soon as possible via email or phone and at least one school day prior to the original date and time listed above.

Your student is allowed to attend this meeting with your consent, and you are welcome to bring a representative of your choosing, if you wish. If you plan to bring a representative, please let me know at least one school day prior to the meeting so that we have an opportunity to make the necessary arrangements to accommodate their attendance.

We look forward to working with you.

Administrator’s Name and Title:
Date:

Administrator’s Email:
Phone:

Enclosures:
*Report related to student occurrence
*Copy of 281 Iowa Administrative Code, Chapter 103

Disclaimer: This letter and the included items must be mailed via postage, prepaid, first class mail to the parent/guardian within three school days of the original occurrence unless it is agreed upon to have it transmitted electronically via email/fax or picked up in person.


Adopted: 2/21
Reviewed: 10/23
Related Policy: 502.14; 502.14-R; 502.14-E1; 502.14-E3

 

502.14-E3 - Documentation of Debriefing Meeting Regarding Use of Physical Restraint and/or Seclusion of Students

CLICK HERE TO DOWNLOAD THE DOCUMENTATION OF DEBRIEFING MEETING REGARDING USE OF PHYSICAL RESTRAINT


Student Name:
Building:
Date of Original Occurrence:
Date of Debriefing Meeting:
Time of Meeting:
Location of Meeting:

Names of all attendees including titles and/or relation to student:
(*Denotes a role required for attendance)
Parent:
Student:
*Administrator:
*Administrator not involved in occurrence:
*Names of those who administered seclusion/restraint:
Behavior/Mental Health Expert:
Others in Attendance (Name and Title):

Documentation reviewed during the meeting: (Check all that apply)
____Seclusion/Restraint Report
____Individualized Education Plan (IEP)
____Behavioral Intervention Plan (BIP)
____Individualized Health Plan (IHP)
____Safety Plan
____Other (Please specify)

Identification of patterns or behavior and proportionate response, if any, in the student and employees involved:

Possible alternative responses, if any, to the incident; or less restrictive means, if any:

Additional resources, if any, that could facilitate alternative responses in the future:

Plans for additional follow up actions, if any:

Names and Title of Employee Completing Form:
Date:
Date Delivered to Parent/Guardian:
Method of Transmittal:


Adopted: 2/21
Reviewed: 10/23
Related Policy: 502.14; 502.14-R, 502.14-E1-E2

 

502.15 - Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence

INTRODUCTION
The 2023 Iowa Acts, Chapter 96 (House File 604), signed by Governor Reynolds on May 26, 2023, requires the Iowa Department of Education to develop and distribute a model policy for school districts and charter schools that, if adopted, satisfies a school district's or charter school’s responsibilities under Iowa Code 279.79 established by the Act. These model policies are intended to support a school district and charter school in meeting the requirements of new Iowa Code section 279.79 and in developing policies for different grade levels that describe how a school district or charter school may discipline a student for making a threat of violence or causing an incident of violence that results in injury or property damage or assault.

Districts are required to:

  • Publish the district policy on the district website (2023 Iowa Acts, Chapter 96 [House File 604], section 7, new section 279.79, subsection 1).
  • Provide each parent or guardian with a copy of the policy and require the parent or guardian acknowledge receipt of the policy in writing or electronically (2023 Iowa Acts, Chapter 96 [House File 604], section 8).

DISCIPLINE POLICY
Discipline is designed to promote behavior that will enable students to learn and successfully participate in their educational and social environments. The district discipline policy for students who make a threat of violence or commit an act of violence is developed to help students understand their obligations to others in the school setting, secure the safety of all students, staff and the community, and to correct student behavior if a violation occurs (2023 Iowa Acts, Chapter 96 [House File 604], section 7, new section 279.79, subsection 1).

Students will conduct themselves in a manner fitting their age, grade 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 tailored to the age, grade level and maturity of the student.

Discipline and other responses to threats or incidents of violence by a student with a disability, including removal from a class, suspensions, and expulsions, will comply with the provisions of applicable federal and state laws including, but not limited to, the IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (2023 Iowa Acts, Chapter 96 [House File 604], section 7, new section 279.79, subsection 3).
 

DISTRICT RESPONSE TO A THREAT OR INCIDENT OF VIOLENCE BY A STUDENT

REPORTING A THREAT OF VIOLENCE OR INCIDENCE OF VIOLENCE
In the case of any threat of violence or incident of violence that results in injury, property damage or assault by a student, the teacher will report to the school principal or lead administrator within 24 hours of the incident. The principal or lead administrator will notify the parent or guardian of the student(s) who threatened or perpetrated an act of violence and the student(s) who the threatened or perpetrated act of violence was made against within 24 hours after receipt of the teacher’s report and complete an investigation of the incident as soon as possible. The classroom teacher may also notify the parent or guardian of the student who made the threat or caused the incident, and the parent or guardian of the student against whom the threat or incident was directed (2023 Iowa Acts, Chapter 96 [House File 604], section. 4).

An investigation will be initiated by the principal or lead administrator upon learning of an incident of violence or threat of violence through any credible means. If the principal or lead administrator finds that an incident of violence or threat of violence did occur, the administrator will determine the level of threat or incident by considering all aspects of the situation, including the student's intent and knowledge of the impact of their actions, their developmental level and context of the incident. The resolution will focus on identifying the cause behind the behavior and appropriate corrective action (2023 Iowa Acts, Chapter 96 [House File 604], section 7, new section 279.79, subsections 1 and 4).

A student who makes a threat of violence, causes an incident of violence that results in injury or property damage, or who commits an assault, will be subject to escalating levels of discipline for each occurrence. When appropriate, referrals will be made to local law enforcement. The district retains the authority to assign the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence (2023 Iowa Acts, Chapter 96 [House File 604], section 7, new section 279.79, subsection 5).

THREAT OF VIOLENCE
Threat of violence means a written, verbal, electronic or behavioral message that either explicitly or implicitly expresses an intention to inflict emotional or physical injury, property damage, or assault.

INCIDENT OF VIOLENCE
Incident of violence means the intentional use of physical force or power against oneself, another person, a group or community or property resulting in injury, property damage or assault.

INJURY
Injury means “physical pain, illness or any impairment of physical condition.” State v. McKee, 312 N.W.2d 907, 913 (Iowa 1981).

PROPERTY DAMAGE
Property damage means any destruction, damage, impairment or alteration of property to which the individual does not have a right to take such an action. Property means real property, which includes any real estate, building, or fixture attached to a building or structure, and personal property, which includes intangible property (Iowa Code Section 4.1(21)).

ASSAULT
Assault means 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 (following Iowa Code Section 708.1).

ESCALATING RESPONSES BY GRADE BAND
Click here to view the escalating responses by grade band

DEFINITIONS (Consistent with the Iowa Department of Education's Data Dictionary 2022-23

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.

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.

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.

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 unless due process is provided as required by federal and state law. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.

PLACEMENT IN AN ALTERNATIVE LEARNING ENVIRONMENT means placement of a student in an environment established apart from the regular educational program that includes rules, staff and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district.

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.


Adopted: 11/23
Legal Reference (Code of Iowa): §§ 279.79; 2023 Iowa Acts, CH 96; HF604
IASB Reference: 503.08

502.15-R - Student Threats of Violence and Incidents of Violence Regulation

Effective student discipline policies serve the needs of the district in maintaining the order of the education environment while safeguarding the education interests of all students. For this reason, it is crucial to engage many perspectives in crafting sound policies related to discipline. The board, in conjunction with teachers and administrators in the district, have assigned further meaning to concepts listed in this policy.

INCIDENT LEVELS DEFINED
Incident levels must escalate, with Level 1 being less severe than Level 3 incidents. However, the district maintains discretion in applying the level of discipline appropriate for an incident. In make this determination, the administration will consider the following definitions of incident levels. Because no definition could encompass all possible threats or incidents, the administration has discretion in determining which level to assign the incident after looking at the nature of the incident as well as the age, grade level, and maturity of the student. (Visit Policy 502.15>Escalating Responses by Grade Level for the level definitions)

TIMEFRAME FOR DETERMINING REPEATED INCIDENTS
The district will consider all incidents occurring within ______ [the school year] as sufficiently close in proximity between incidents to establish that a repeated incident has occurred. The administration will have discretion to alter this timeframe when appropriate under the circumstances, depending on the nature of the incident as well as the age, grade level, and maturity of the student.

CONSIDERATION FOR DETERMINING THE MATURITY OF THE STUDENT
The district believes that gauging the maturity of a student is subject to interpretation and best left to the licensed employees who interact most closely with the student on a regular basis. Assessing a student’s maturity level is based on individual characteristics unique to each student. Therefore, in making a determination about the maturity of a student, the administration may consult with the student’s classroom teacher and other relevant licensed staff.

CONSIDERATION FOR DETERMINING WHETHER THE OFF-CAMPUS THREAT OF VIOLENCE OR INCIDENT OF VIOLENCE WILL DIRECTLY AFFECT THE GOOD ORDER, EFFICIENT MANAGEMENT, AND WELFARE OF THE SCHOOL DISTRICT

The district recognizes that student maintain First Amendment rights to free expression both within school and outside. However, free speech protections are not absolute and do not extend to true threats of violence toward an individual or a group of individuals. In considering whether a threat or incident of violence will directly affect the good order, efficient management, and welfare of the school district necessitating the need for investigation, the administration will consider, among other things, the following factors:

  1. The specificity of the threat for time, location, or individual(s) targeted;
  2. The reasonable likelihood of the student’s ability to carry out the threat;
  3. The reasonable likelihood that the threat will interfere with the operation of the educational environment.

In addition to the notification requirements in policy, the administration will apprise the parents or guardians of any student who suffered violence of a threat of violence, of the rights to file complaints under any other relevant board policies including, but not limited to, anti-bullying/anti-harassment and Title IX.


Adopted: 2/24
Related Policies: 106.1; 403.3; 502.8; 502.8-R; 502.15
Legal Reference (Code of Iowa): § 279.79
IASB Reference: 503.08-R(1)