Code No 503.1

Code No. 503.1

Student Personnel

Student Behavior and Discipline

(1) Definition “Student Discipline” is the guidance of conduct of students in a way which permits the orderly and efficient operation of the school, i.e., the maintenance of a scholarly, disciplined atmosphere to achieve maximum educational benefits for all students.

(2) Goal The goal of the Board of Directors is to ensure the right of all students to a safe and productive educational environment in which they may learn the skills and attitudes necessary to develop and to mature as responsible adults, accountable for their own actions.

(3) Applicability This policy shall apply to students while on school premises, while attending school-sponsored events, while on school-owned and operated buses or on chartered buses while students are engaged in school-sponsored activities, and while students are away from school if their conduct directly affects the good order, efficiency, management or welfare of the district.

(4) Expected Behavior Students are expected to conduct themselves in keeping with their levels of maturity at all times. Students should govern their actions taking into account the rights and welfare of all students and respect for authority vested in the school personnel and regard for public property.

(5) Breach of Discipline Any conduct of a student which interferes with the maintenance of school discipline as defined above shall be considered a breach of discipline. Breach of discipline may include, without limitation:

The use or possession of tobacco or any tobacco product, or any “look-alike” product;

The use or possession of beer, wine, or alcoholic beverages or of any “look-like” beverage;

The use or possession of any controlled substance or “look-alike substance”, unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his/her professional practice;

The misuse of non-controlled substances such as the sale or by ingesting an inordinate amount or ingesting it by means not prescribed;

Attendance or participation in any school activity in an intoxicated state or under the influence of an alcoholic beverage or controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his/her professional practice, or simulating intoxication;

The distribution of, transmittal of, or sale of any tobacco product, alcoholic beverage, or controlled substance or of any “look-alike” product, beverage, or substance to other persons;

Disorderly conduct: including, temper tantrums; fighting or rowdy behavior; making loud noises as to cause interference with other persons; using abusive, obscene or lewd language or gestures which the student knows or reasonably should know is likelyto provoke a violent reaction by another; disruption of meetings, activities, or assemblies of persons by conduct intended to be disrupting; obstructing school premises or access to school premises or places where school functions are to be held, with the intent to prevent or hinder its lawful use by others; or any other behavior intended to interfere with the rights of others;

Refusal to conform to policies, rules, regulations, directives or requests of the district or of its officers, employees or agents of the district when acting within the scope of their employment or duties;

Physical attacks on or threats of physical attacks to other students, officers, employees, visitors or agents of the district;

Cheating or plagiarizing of agents of the district;

Possession, distribution, use or sale of dangerous weapons or objects;

Display of racial, sexual, ethnic or religious bigotry or intolerance;

Criminal or illegal behavior;

Committing a theft or robbery or attempting to commit a theft or robbery;

Damaging, altering, injuring, defacing or destroying any building, fixture, piece of equipment or item, which includes writing, drawing, or making marks on walls, furniture, and fixtures;

Gambling or extortion;

Intimidation or harassment of others;

The use of obscene, lewd or profane language;

Initiating, circulating, or participating in the circulation of a report or warning of fire, epidemic, or other catastrophe knowing such report or warning to be false;

Threatening to place or placing any incendiary or explosive device or material in any place where it may endanger persons or property;

Truancy: absence from school or assigned classes or activities without a reasonable excuse;

Trespassing on school property: entering upon or into school property without justification or without the permission of school officials or remaining on school property after being notified to leave by school officials;

Joining, becoming a member of, or soliciting other students to join, or become a member of, or taking part in forming or organizing a fraternity or society of students without prior approval of the board of directors;

Malicious use of the telephone, annoying, threatening or harassing a person over the telephone, any other conduct that interferes with the orderly and efficient operation of the school.

(6) Sanctions Students who violate the policies, regulations, rules or directives of the district, including engaging in conduct prohibited in this policy or who have documented cases of conduct detrimental to the best interests of the district, may be disciplined by one or more of the following actions:

Denial of co-curricular activities or privileges.

Temporary removal from class to the office of the principal or his/her designee for a period not to exceed two days when the principal or designee reviews with the student and the classroom teacher the misconduct of the student and determines the conditions for readmission to class or for further disciplinary proceedings.

Probation: conditional attendance during a trial period.

Detention: a requirement that a student remain after school, or come to school early, or remain in class during recess periods for purposes of discipline.

In-school suspension: the temporary isolation of a student from one or more classes, while under proper supervision, where the misconduct does not warrant removal from school by suspension.

Removal from class for the remainder of a semester: the isolation of a student from a specific class for the remainder of a semester while under proper supervision where the misconduct does not warrant removal from school by expulsion.

Short-term Out-of-School Suspension: the student is prohibited from attending classes or any school activity for a temporary period of time, not to exceed ten school days. The student continues to perform school work with credit.

Long-term Out-of-School Suspension: the student is prohibited from attending classes or any school activity for a temporary period of time to be determined by the board of directors without loss of credit. The student continues to perform school work with credit.

Expulsion: the student is excluded from attending classes or any school activity for an indefinite period of time or for a period of time determined by the board of directors with loss of credit. The board may review alternative educational programming for the student with credit.

Referral to other agencies.

Restitution for damaged or destroyed property.

Procedures for Short-Term Suspensions, Detentions, Probation, Removal from Class for the Remainder of a Semester and In-School Suspensions. The superintendent or building principal may suspend a student temporarily for a period of time not to exceed ten school days, may impose detentions, place a student on probation or in-school suspension or remove a student from class for the remainder of a semester for violation of a district policy, rule, regulation or directive. The type of sanction and the duration of the sanction shall be determined by the superintendent or building principal, with consideration given to the maturity of the student, the offense committed, the history of prior offenses and any other circumstances deemed pertinent.

The student shall be told orally or in writing of the charges against the student. If the student denies the charges, he/she shall be given an opportunity to explain his/her side of the story and shall be given an explanation of the evidence against the student. There need be no delay between the time of notice of the charges and the student’s opportunity to respond. If the student does not deny the charges, or after the principal or superintendent hears the student and makes a decision, the principal or superintendent shall notify the student of the terms of the disciplinary action.

Students whose presence poses a continuing danger to persons or property or an on-going threat of disrupting the academic process may be immediately removed from school, with the above procedures to be followed as soon as possible.

The superintendent or principal shall attempt to inform the parent or guardian by phone or in person on the same day of taking the disciplinary action. If a parent or guardian cannot be reached, the student shall remain on school property until the close of the school day, unless the student poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process.

Formal written notice of the disciplinary action taken shall be mailed or personally delivered to the parent or guardian within two school days of the action, with a copy forwarded to the superintendent and board president.

A student who has been suspended may be readmitted only after a conference between the superintendent or building principal, the student, and if possible, the parent or guardian.

Procedures for Long-Term Suspensions and Expulsions. The board of directors, following a recommendation of the superintendent and/or building principal, may suspend a student for a period of time to be determined by a majority vote of those present by the board of directors (which may exceed ten school days) or may be expelled from school for a breach of discipline, immorality, violation of district regulations and rules, or when the presence of the student is detrimental to the best interests of the school. In addition, the board of directors may expel any incorrigible child or any child who, in the board’s judgment, is so abnormal that regular instruction would be of no substantial benefit to him/her, or any child whose presence in school would be injurious to the health or morals of other pupils or to the welfare of the school.

Written notice of the charges prompting the administrative recommendation of expulsion, notice of the district policy, rule, or regulation alleged to have been violated, and notice of the time, place and date of the hearing shall be mailed or delivered personally to the parent or guardian. If the student is married or is eighteen years of age or older and is not residing with a parent or guardian, notice shall be given to the student. Such notice shall also be given to the board president. A hearing before a majority of the board of directors shall be held within five school days of the mailing or personal delivery of the notice to the parent or guardian or student. The parent or guardian or student may request additional time in which to prepare, but in no event shall the hearing be held later than ten days following the mailing or personal delivery of the notice. In the event the parent or guardian or student requests additional time and the student is suspended pending the hearing, the student shall continue to be suspended until the date of the hearing.

The student may be accompanied to the hearing or be represented by a parent(s) and/or legal counsel or any other advisor of his/her choice. The administration and/or board of directors may also be advised by legal counsel or any other advisor of its choice.

At the hearing, each party shall have an opportunity to testify on his/her own behalf, introduce evidence, present witnesses, submit statements orally or in writing and question any witnesses. The hearing shall be administrative in nature and shall not be governed by formal rules of evidence or procedure.

If a party to the hearing should conduct himself/herself in a manner disruptive of the hearing, the board of directors may exclude him/her and proceed with the hearing as if he/she had not personally appeared.

The hearing shall be in closed session of the board of directors unless an open session is requested by the student or a parent or guardian of the student if the student is a minor. In the event the student or parent or guardian requests an open session, it shall be deemed a waiver of confidentiality of any personal information regarding the student contained in records or writings used at the hearing.

If the student or his/her representative fails to appear at the hearing, or if he/she desires to make no response, the administration shall nevertheless submit evidence in support of the recommendation to expel.

A transcript and/or tape recording shall be made of the hearing.

At the conclusion of the hearing, the board shall consider all relevant evidence introduced at the hearing and shall make a decision. The board shall meet in open session and by roll call vote entered in the minutes, make a decision on the merits. The board may adopt, modify or deny the administration’s recommendation.

Within five days following the conclusion of the hearing, written findings of fact and conclusions of law shall be sent to or personally delivered to the parent or guardian or student or his/her representative.

At the time of suspension or expulsion, the board may determine whether the student should have access to programs or whether the student should be excluded from all programs of the district.

A student may be readmitted to school following a suspension or expulsion by the board of directors only upon action by the board of directors.

If a special education student’s suspensions (either in-school or out-of-school if provision of services is not provided), equal ten (10) days on a cumulative basis in one school year without a change of placement, a multi-disciplinary staffing shall be held to review the circumstances and to determine if the IEP is appropriate or if an alternative placement is advisable.

(7) Corporal Punishment Prohibited Corporal punishment is prohibited in the district. Corporal punishment is defined as the intentional physical punishment of a student, including such actions as shoving, pinching, spanking, paddling or slapping a student.

(8) Reasonable Physical Restraint School personnel may exercise reasonable and appropriate physical restraint to quell a disturbance or to prevent an act that threatens physical harm to any persons, to obtain possession of a weapon or other dangerous object within a student’s control, to protect property, or to remove a disruptive student from class, from school premises or from school sponsored activities. Reasonable force is that force and no more which a reasonable person, in like circumstances, would judge to be necessary to prevent an injury or loss. In determining the

reasonableness of the force used, the following factors shall be considered:

The nature of the misconduct of the student, if any.

The size and physical, mental and psychological condition of the student.

The instrumentality used in making physical contact.

The motivation of the employee in initiating the contact.

The extent and nature of injury to the student resulting from the contact.

(9) Special Provisions Relating to Physical Attacks or Threats to School Personnel A student who commits an assault against an employee shall be suspended by the principal, and may be recommended for expulsion. Requirements of federal and state law for students requiring special education shall be adhered to. The principal shall determine whether the suspension shall be an in-school or out-of-school suspension based upon consideration of the seriousness of the assault, extenuating circumstances, and the student’s prior disciplinary record. Notice of the suspension shall be provided to the superintendent and the board president. The board of directors shall review the suspension to determine whether or not to impose further sanctions against the student, which may be expulsion.

“Assault” for the purposes of this section includes:

An act which is intended to cause pain or injury, or which is intended to result in physical contact will be insulting or offensive, 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 pointing any firearm toward another or displaying in a threatening manner any dangerous weapon toward another.

(10) Special Provisions Relating to the Use of or Possession of or Transmittal of Tobacco, Alcoholic Beverages, and Controlled Substances In the event a student violates any district rule regarding the use of or possession of tobacco, alcoholic beverages, controlled substances, or “look-a-likes” the student shall be suspended from school for three days. In the event a student violates any district rule regarding the use of or possession of tobacco, alcoholic beverages, or controlled substances a second time in a school year, or a student violates any district rule regarding the transmittal, distribution or sale of tobacco, alcoholic beverages, or controlled substances the student shall be suspended from school for five school days and may be recommended for expulsion. This is a guideline for maximum penalties.

(11) Dissemination of Student Behavior and Discipline Policies The superintendent or his designee shall provide for the dissemination of this Policy 503.1 to students, parents, and employees of the

district.

This Policy 503.1 shall be published in student handbooks and shall be available in each building principal’s office.

(12) Search and Seizure

Prohibited Items In the interest of maintaining the health, safety and good order of the school environment, students shall not have prohibited items in their possession or control on school grounds, on school vehicles, or while participating in or attending school activities or events. Prohibited items are such things as tobacco products, beer, wine, alcoholic beverages, controlled substances which have been validly prescribed, look-alike substances, apparatus used for the administration of controlled substances, weapons, explosives, toy weapons or explosives, poisons, stolen property, or other devices or material which are intended to interfere with school order. Licensed school employees and other employees of the district employed for security or supervision purposes (“authorized personnel”) may, without a warrant, search a student’s belongings, student lockers, desks, or work areas, under the circumstances outlined below in order to maintain the safety, health, discipline and order of the school environment.

Reasonable Suspicion Except for periodic inspections specified in this policy, searches of students, their clothing, pocketbooks, briefcases, book bags, duffle bags or other personal containers in the immediate proximity of the student and searches of lockers or other work stations which a student may lock shall be conducted only if there is a reasonable, articulable suspicion that a criminal offense has been committed or a school rule has been violated by the student being searched and that the search will produce evidence of such violation. Reasonable suspicion may be formed by considering such factors as:

Eye witness observations by school personnel; or

Information received from a reliable source; or

Suspicious behavior by the student(s); or

The student’s past history; or

Articulable circumstantial evidence.

Reasonable Scope The search must be reasonable in its intrusiveness when considering factors such as:

The nature and seriousness of the suspected violation;

The age and sex of the student;

The exigency of the search.

Personal Search Authorized personnel may ask a student to empty his/her pockets, handbag, briefcase, book bag, duffel bag, or other personal belongings when there is reasonable suspicion that the student has a prohibited item in his/her possession. If the student fails to comply, an administrative staff member or his/her designee may search the student or the student’s belongings. Searches which involve a pat down of the student or which involve the removal of any clothing (e.g., jacket or socks) shall be conducted by a person of the same sex as the student and shall be conducted in private and in the presence of a witness of the same sex. Except in cases of emergency (e.g., it is believed the student may harm himself/herself or others), other staff members shall not conduct a personal search. Strip searches, body cavity searches and the use of a drug-sniffing animal to search a student’s body shall not be allowed. If a prohibited item is found in a personal search, appropriate disciplinary action may be taken. Items which may be illegal to possess may be turned over to proper authorities.

Lockers and Other Locked Facilities

Periodic Inspections Lockers, desks and other facilities remain at all times property of the district, even though temporarily assigned to students. Lockers, desks, and facilities may be periodically inspected for cleanliness, school property and evidence of damage. Facilities which are not allowed to be locked may be inspected at any time. Lockers and other facilities which students are allowed to lock may be periodically inspected provided written notice is given to each student and his/her parents, guardians, or custodians that the district may conduct periodic inspections of school lockers without prior notice. The inspection shall occur in the presence of the students whose lockers are being inspected. If a prohibited item is found in a periodic inspection, the student may be subject to appropriate disciplinary action, and items which may be illegal to possess may be turned over to proper authorities.

Search Facilities which are not allowed to be locked by students may be searched at any time. Authorized personnel may request a student to open his/her locker or other assigned facility which may be locked by the student and disclose its contents when there is a reasonable suspicion the student has a prohibited item in the facility. If the student fails to comply, or after reasonable efforts to have the student present have proven unsuccessful, or in cases of emergency, an administrative staff member or his/her designee may search the locker or other locked facility. Except in cases of emergency, other staff personnel shall not search the locker or other locked facility. If a prohibited item is found, the student may be subject to appropriate disciplinary action, and items which may be illegal to possess may be turned over to the proper authorities.

Automobiles Except in cases of emergency, staff personnel shall not search an automobile but law enforcement officials shall be contacted. If a prohibited item is found, the student may be subject to appropriate disciplinary action, and items which may be illegal to possess may be turned over to the proper authorities.

Search by Law Enforcement Officials Law enforcement officials will not be allowed to search students, their belongings, desks, lockers or automobiles on school premises unless pursuant to an arrest, a valid warrant or other reason allowed by law.

Legal Reference: No Child Left Behind, Title IV, Sec. 4115, P.L. 107-110 (2002).

Goss v. Lopez, 419 U.S.565 (1975).

Brands v. Sheldon Community School District, 307 F. Supp. 627

(N.D. Iowa 1987).

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

Bunger v. Iowa High School Athletic

Board of Directors of Ind. School Dist. Of Waterloo v. Green, 259 Iowa 1260,

147 N.W. 2d 854 (1967).

Iowa Code Chapters 279.8, 282.4, .5, 708.1(2003).

Cross Reference: 500 Series Student Attendance

500 Series Student Rights and Responsibilities

500 Series Student Activities

600 Series Special Education

900 Series Distribution of Materials

Approved: September 11, 1989

Reviewed: November 15, 2004

Revised: November 15, 2004