This series of the board policy manual is devoted to the board's goals and objectives for assisting the students of the school district in obtaining an education.  Each student will have an opportunity to obtain an education in compliance with the policies in this series.

It is the goal of the board to develop a healthy social, intellectual, emotional, and physical self-concept in the students enrolled in the school district.  Each student attending school will have the opportunity to use it and its education program and services as a means for self-improvement and individual growth.  In so doing, the students are expected to conduct themselves in a manner that assures each student the same opportunity.

The board supports the delivery of the education program and services to students free of discrimination on the basis of race, color, sex, marital status, national origin, creed, religion, sexual orientation, gender identity or disability.  This concept of equal educational opportunity serves as a guide for the board and employees in making decisions relating to school district facilities, employment, selection of educational materials, equipment, curriculum, and regulations affecting students.

In the delivery of the education program, students will treat the employees with respect and students will receive the same in return.  Employees have the best interests of the students in mind and will assist them in school-related or personal matters if they are able to do so.  Students should feel free to discuss problems, whether school-related or personal, with the guidance counselor or other employees.

Board policies, rules and regulations affect students 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.

Board policy refers to the term "parents" in many of the policies.  The term parents for purposes of this policy manual means the legal parents, the legal guardian or custodian of a student, and students who have reached the age of majority or are otherwise considered an adult by law.

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, are directed to the Affirmative Action Coordinator by writing to the Affirmative Action Coordinator, Algona Community School District, Algona, Iowa 50511; or by telephoning 515-295-3528.

Inquiries by students regarding compliance with equal educational opportunity and affirmative action laws and policies, including but not limited to complaints of discrimination, may also be directed in writing to the Director of the Region VII office of Civil Rights, U.S. Department of Education, Citigroup Center, 500 W. Madison St., Ste. 1475, Chicago, IL, (312) 730-1560,

http://www.state.ia.us/government/crc/index.html or Iowa Dept. of Education, Grimes State Office Bldg., Des Moines, IA. (515) 281-5294.  This inquiry or complaint to the federal or state office may be done instead of, or in addition to, an inquiry or complaint at the local level.

Further information and copies of the procedures for filing a complaint are available in the school district's central administrative office and the administrative office in each attendance center.

 

 

Approved:

Reviewed:
January 10, 2022

 

Children who are residents of the school district community will attend the school district without paying tuition.

The residence of a student means the place, abode, or dwelling of the student.  Generally, the legal dwelling of minors is the same as their parents.  A student may establish a dwelling with someone other than the parents and attend public school in the school district without paying tuition if the primary purpose for residing in the school district is not for the purpose of obtaining a free public education.  Further, students who have reached the age of majority and who are still eligible to attend an Iowa secondary school may declare their residence independent of the residence of the parents.

Each case involving the bona fide residence of a student will be decided upon its individual merits by the superintendent.

 

 

Legal Reference:        
Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).
Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).
Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).
33 D.P.I. Dec. Rule 80 (1984).
Iowa Code §§ 257.6; 282.2, .6, .7; 285.4 (2013).
1956 Op. Att'y Gen. 185.
1946 Op. Att'y Gen. 197.
1938 Op. Att'y Gen. 69.
1930 Op. Att'y Gen. 147.

Approved:

Reviewed:
January 10, 2022

 

Students who are eligible to attend an Iowa public school but who are not legal residents of the school district may be admitted into the school district at the discretion of the superintendent upon application and payment of tuition. The tuition rate is the current per-pupil cost of the school district as computed by the board secretary and as authorized by the Iowa Department of Education.

Resident students whose families move from the school district after the start of a semester and who wish to complete the semester in  their former resident school district will be permitted to attend.  Students who plan to open enroll to  their former resident district for the next school year may  do so without approval of the board.  

Students in grades eleven or twelve who are no longer residents of the school district, but were residents in the preceding school year, may continue to attend school until they graduate without the payment of tuition.  These students may be required to identify an adult, who resides in the school district, identified for purposes of administration.

Nonresident students who are eligible to attend an Iowa public school and who have evidence they will become legal residents of the school district prior to October 1 may be allowed to attend without the payment of tuition.
 

NOTE:  This policy reflects current Iowa law.  Iowa's open enrollment law has not eliminated the need for this policy.  This policy affects nonresident students who do not qualify for open enrollment.

 

Legal Reference:

Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa     1983). Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924). Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981). Iowa Code §§ 257.6; 282.1, .2, .6, .7, 11, .24.

Approved:                                          

Reviewed:                                          
January 10, 2022

July 10, 2023

 

Revised:

July 10, 2023

 

Parents within the school district who have children over age six and under age sixteen by September 15, in proper physical and mental condition to attend school, will have the children attend the school district at the attendance center designated by the board.  Students will attend school the number of days school is in session in accordance with the school calendar.  Students of compulsory attendance age will attend school a minimum of 75 days per semester.  Students not attending the minimum days must be exempted by this policy as listed below or, referred to the county attorney.  Exceptions to this policy include children who:

• have completed the requirements for graduation in an accredited school or have obtained a high school equivalency diploma;
• are attending religious services or receiving religious instruction;
• are attending an approved or probationally approved private college preparatory school;
• are attending an accredited nonpublic school;
• are receiving independent private instruction; or,
• are receiving competent private instruction.

It is the responsibility of the parent of a child to provide evidence of the child's mental and physical inability to attend school or of the child's qualifications for one of the exceptions listed above.

The principal will investigate the cause for a student's truancy.  If the principal is unable to secure the truant student's attendance, the principal should discuss the next step with the school board.  If after school board action, the student is still truant, principal will refer the matter over to the county attorney.

The school will participate in mediation if requested by the county attorney.  The superintendent will represent the school district in mediation.  The school district will monitor the student's compliance with the mediation agreement and will report violations of the mediation agreement to the county attorney.

 

 

Legal Reference:        
Iowa Code §§ 259A; 279.10-.11; ch. 299; 299A (2013).
441 I.A.C. 41.25(8).
1978 Op. Att'y. Gen. 379.

Approved:

Reviewed:
January 10, 2022

 

Children in the school district community will be allowed to enroll in the school district's regular education program beginning at age five.  The child must be age five on or prior to September 15 to participate in the school district's kindergarten program.  The child must be age six on or prior to September 15 to begin the first grade of the education program.

The board will require evidence of age and residency in the form of a birth certificate or other evidence before the student may enroll in the school district's education program.  It is within the discretion of the superintendent to determine what is satisfactory evidence for proof of age.

Prior to enrollment, the child must provide the administration with their health and immunization certificate.  Failure to provide this information within the time period set by the superintendent is reason for suspension, expulsion or denying admission to the student.

 

 

Legal Reference:        
Iowa Code §§ 139A.8; 282.1, .3, .6 (2013).
1980 Op. Att'y Gen. 258.

Approved:                                          

Reviewed:
January 08, 2024

 

l

Policy 501.06: Student Transfers In	Status: ADOPTED
Original Adopted Date: 01/10/2022 | Last Reviewed Date: 01/08/2024

 

Students who transfer into the school district must meet the immunization and age requirements set out for students who initially enroll in the school district.

The school district will request the student's cumulative records from the previous school district.  If the student cannot offer proof of grade level, the superintendent will make the grade level determination.  The superintendent may require testing or other information to determine the grade level.  Students expelled or suspended from their previous school district will only be enrolled after approval of the board.

The superintendent will determine the amount of credits to be transferred.  If the student has not previously attended an accredited school, it is within the superintendent's discretion to accept or reject credits or grades.

The board may deny admission if the student is not willing to provide the board with the necessary information.
 

NOTE:  School districts do not need parental permission to request student records from previous school districts.  The school district sending the records must notify the parents that the student's records have been sent.

 

Legal Reference:

20 U.S.C. § 1232g. Iowa Code §§ 139A.8; 282.1, .3, .4; 299A

 

 

I.C. Iowa Code	Description
Iowa Code  § 139A.8	Immunization of Children
Iowa Code  § 282.1	Attendance and Tuition - School Age-Nonresidents
Iowa Code  § 282.3	Attendance and Tuition - Admission and Exclusion
Iowa Code  § 282.4	Attendance and Tuition - Suspension-Expulsion
Iowa Code  § 299A	Private Instruction
U.S.C. - United States Code	Description
20 U.S.C. § 1232g	Education - FERPA

Cross References

Code	Description
501.15	Open Enrollment Transfers - Procedures as a Receiving District
505.03	Student Honors and Awards
604.01	Private Instruction
604.10	Online Courses
604.11	Appropriate Use of Online Learning Platforms

 

Policy 501.07: Student Transfers Out or Withdrawals	Status: ADOPTED
Original Adopted Date:   01/10/2022 | Last Reviewed Date: 01/08/2024

 

If the student's parents wish to withdraw or transfer the student from school prior to completing and graduating from the education program, they should notify the superintendent in writing as soon as possible of the decision to withdraw or transfer the student from the education program.  The student or parent should present this written notice at the office and receive instructions regarding the return of textbooks, library books, locker equipment, hot lunch tickets, etc.  

The notice should state the student's final day of attendance.  If the student is not enrolling in another school district, the school district will maintain the student's records in the same manner as the records of students who have graduated from the school district.

If the parents wish to have the student's cumulative record sent to the new school district, the parents must notify the superintendent in writing.  This notice will include the name of the school district and the person at the new school district to whom the student's cumulative records should be sent.  If the new school district requests the student's cumulative records, the school district will forward the cumulative records and notify the parents the records have been sent.  The notice will inform the parents of their right to review the records sent.

If the student is of compulsory education age and not transferring to another public school district or an accredited nonpublic school, the parents will notify the superintendent that the student is receiving competent private instruction and file the necessary competent private instruction reports.
    

NOTE:  The third paragraph is a reflection of federal law regarding the forwarding of student records.

 

Legal Reference:

20 U.S.C. § 1232g. Iowa Code §§ 274.1; 299.1-.1A; 299A.11

 

 

I.C. Iowa Code	Description
Iowa Code  § 274.1	Legal Status
Iowa Code  § 299.1	Compulsory Education - Attendance Requirements
Iowa Code  § 299.1A	Compulsory Attendance Age
Iowa Code  § 299A.11	Private Instruction - Student Records
U.S.C. - United States Code	Description
20 U.S.C. § 1232g	Education - FERPA

Cross References

Code	Description
501.15	Open Enrollment Transfers - Procedures as a Receiving District
604.01	Private Instruction

 

Policy 501.08: Student Attendance Records	Status: ADOPTED
Original Adopted Date: 01/10/2022 | Last Reviewed Date: 01/08/2024

 

As part of the school district's records, the daily attendance of each student is recorded and maintained on file with the permanent records of the board secretary.

It is the responsibility of the principals to ensure that such reports are filed with the board secretary, the custodian of school records.

 

Legal Reference:

Iowa Code §§ 294.4; 299. 281 I.A.C. 12.3(4).

 

 

I.C. Iowa Code	Description
Iowa Code  § 294.4	Teachers - Daily Register
Iowa Code  § 299	Compulsory Education
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12.3	Administration

IASB Policy Reference Manual

Policy 501.13: Students of Legal Age	Status: APPROVED
Original Adopted Date: 01/10/2022 | Last Reviewed Date: 03/11/2024	LAST REVISED DATE:

 

Students who have attained legal age may continue the education program without payment of tuition as long as they are eligible to attend an Iowa public school and are residents of the school district.

Parents will be allowed to access and view the student's records without written permission from the student if the student is still a dependent for tax purposes.  In most cases, with the discretion of the principal or the superintendent, the student will be able to make decisions and sign documents rather than requiring parental permission or signature.

 

Legal Reference:

20 U.S.C. § 1232g  Iowa Code §§ 22; 282.2, .6, .7; 285.4; 599.1; 622.10. 281 I.A.C. 12.3(6).3.

 

 

I.C. Iowa Code	Description
Iowa Code  § 22	Open Records
Iowa Code  § 282.2	Attendance and Tuition - Offsetting Taxes
Iowa Code  § 282.6	Attendance and Tuition - Tuition
Iowa Code  § 282.7	Attendance and Tuition - Other School Corp./Payment
Iowa Code  § 285.4	Transportation Aid - District Sending
Iowa Code  § 599.1	Minors - Period of Minority
Iowa Code  § 622.10	Evidence - Communications in Professional Confidence
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12.3	Administration
U.S.C. - United States Code	Description
20 U.S.C. § 1232g	Education - FERPA

 

Policy 501.14: Open Enrollment Transfers - Procedures as a Sending District	Status: APPROVED
Original Adopted Date: 01/10/1989 | Last Revised Date: 06/23/2022 | Last Reviewed Date: 03/11/2024

The school district will participate in open enrollment as a sending district.  As a sending district, the board will allow resident students who meet the requirements to open enroll to another public school district. 

Parents requesting open enrollment out of the school district for their student will notify the sending and receiving school district in accordance with district practice.  The notice is made on forms provided by the Iowa Department of Education.  The forms are available at the central administration office.

Parents of children who will begin kindergarten and prekindergarten children enrolled in special education programs and included in the district’s basic enrollment will file in the same manner set forth above.

The receiving district will approve or deny open enrollment requests according to the timelines established by law.  The parents may withdraw the open enrollment request prior to the  board's approval of the application.  The receiving district’s superintendent will notify the parents and sending school district by mail within five days of the school district’s action to approve or deny the open enrollment request.  

The board may approve a student's request to allow the receiving district to enter the school district for the purposes of transportation.  
  An open enrollment request out of the school district from parents of a special education student is reviewed on a case-by-case basis.  The determining factor for approval of such an open enrollment request will be whether the special education program available in the receiving school district is appropriate for the student's needs.  The area education agency director of special education serving the receiving district will determine whether the program is appropriate.  The special education student will remain in the school district until the final determination is made.

It is the responsibility of the superintendent to maintain open enrollment request applications and notice forms.  It will also be the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.
 

NOTE:  This policy reflects Iowa's open enrollment law.  The option addresses the issue of transportation of open enrolled students. The board needs to establish by policy whether it will or will not allow a receiving district to enter the district to pick up open enrolled students.  This option is on the bottom of the first page of this policy.  For more detailed discussion of this issue, see IASB's Policy Primer, June 24, 2005.

NOTE:  Because open enrollment requests can now occur throughout the year, there is no established date by which districts must make or communicate a decision.  Receiving districts should make the decision whether to approve or deny the request as timely as is practical.  Receiving districts should in turn make and communicate any determinations as soon as is practical.

 

Legal Reference:

Iowa Code §§ 139A.8; 274.1; 279.11; 282.1, .3, .8, .18; 299.1. 281 I.A.C. 17.

 

 

I.C. Iowa Code	Description
Iowa Code  § 139A.8	Immunization of Children
Iowa Code  § 274.1	Legal Status
Iowa Code  § 279.11	Directors - Powers and Duties - Classroom Assignment
Iowa Code  § 282.1	Attendance and Tuition - School Age-Nonresidents
Iowa Code  § 282.18	Attendance and Tuition - Open Enrollment
Iowa Code  § 282.3	Attendance and Tuition - Admission and Exclusion
Iowa Code  § 299.1	Compulsory Education - Attendance Requirements
Iowa Code § 282.8	Attending School Outside State
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 17	Open Enrollment

Cross References

Code	Description
501.15	Open Enrollment Transfers - Procedures as a Receiving District

 

 

 

 

 

 

 

 

Policy 501.15: Open Enrollment Transfers - Procedures as a Receiving District	Status: APPROVED
Original Adopted Date: 01/10/1989 | Last Revised Date: 06/23/2022 | Last Reviewed Date: 3/11/2024

 

The school district will participate in open enrollment as a receiving district.  As a receiving district, the board will allow nonresident students, who meet the legal requirements, to open enroll into the school district.  The board will have complete discretion to determine the attendance center of the students attending the school district under open enrollment.

The board will take action on the open enrollment request at the next regular board meeting.

The superintendent will notify the sending school district and parents within five days of the school district’s action to approve or deny the open enrollment request.  

Open enrollment requests into the school district will not be approved if insufficient classroom space exists.  Open enrollment requests into the school district will also not be approved for students who have been suspended or expelled by the administration or the board of the school district the student is or was attending until the student has been reinstated into the school district from which the student was suspended or expelled.  Once the student is reinstated, the student's open enrollment request will be considered in the same manner as other open enrollment requests provided the required timelines are met.

Open enrollment requests into the school district that, if denied, would result in students from the same nuclear family being enrolled in different school districts, will be given highest priority.  The board, in its discretion, may waive the insufficient classroom space reason for denial for students of the same nuclear family to prevent the division of a nuclear family between two school districts.  Other open enrollment requests into the school district are considered in the order received by the school district with the first open enrollment request given a higher priority than the second open enrollment request and so forth.

Students in grades nine through twelve open enrolling into the school district will be eligible for participation in interscholastic athletics, at the varsity level, in accordance with applicable law. 

Parents of students whose open enrollment requests are approved by the board are responsible for providing transportation to and from the receiving school district without reimbursement.  The board will not approve transportation into the sending district.

An open enrollment request into the school district from parents of a special education student is reviewed on a case-by-case basis. The determining factors for approval of such an open enrollment request will be whether the special education program available in the school district is appropriate for the student's needs and whether the enrollment of the special education student will cause the class size to exceed the maximum allowed.  The area education agency director of special education serving the school district will determine whether the program is appropriate.  The special education student will remain in the sending district until the final determination is made. For children requiring special education, the receiving district will complete and provide to the resident district the documentation needed to seek Medicaid reimbursement for eligible services.

The policies of the school district will apply to students attending the school district under open enrollment.

It is the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.
 

NOTE:  This policy reflects Iowa's open enrollment law.  The board needs to determine whether it will delegate authority to the superintendent to approve timely filed open enrollment requests.  The 30 days for approval by the superintendent is a recommended practice intended to align with the general timeframe boards have to place a request on the next regular school board meeting agenda, and not a legal requirement.  These applications should be timely handled as appropriate for the needs of the families and the district.  This option is the first set of options on page one of the policy.  There are three options available to the board:

    •    board retains all approval authority over requests.
    •    board delegates all approval authority over requests.
    •    board delegates only some approval authority over requests.

After the board makes its decision, the policy needs to be edited to reflect the board's decision.

The second option on page two addresses the issue of transportation of the receiving district to pick up open enrolled students.  The board needs to establish by policy whether it will go into the sending district to pick up open enrolled students.  

 

Legal Reference:

Iowa Code §§ 139A.8; 274.1; 279.11; 282.1, .3, .8, .18; 299.1. 281 I.A.C. 17.

 

 

I.C. Iowa Code	Description
Iowa Code  § 139A.8	Immunization of Children
Iowa Code  § 274.1	Legal Status
Iowa Code  § 279.11	Directors - Powers and Duties - Classroom Assignment
Iowa Code  § 282.1	Attendance and Tuition - School Age-Nonresidents
Iowa Code  § 282.18	Attendance and Tuition - Open Enrollment
Iowa Code  § 282.3	Attendance and Tuition - Admission and Exclusion
Iowa Code  § 299.1	Compulsory Education - Attendance Requirements
Iowa Code § 282.8	Attending School Outside State
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 17	Open Enrollment

Cross References

Code	Description
501.06	Student Transfers In
501.07	Student Transfers Out or Withdrawals
501.14	Open Enrollment Transfers - Procedures as a Sending District
606.06	Insufficient Classroom Space

 

 

Policy 501.16: Homeless Children and Youth	Status: APPROVED
Original Adopted Date 6/9/2003 | Last Revised Date: 03/11/2022 | Last Reviewed Date: 03/11/2024

 

The Algona Community School District believes all students should have access to a free, appropriate public education. The district will ensure that homeless children and youth have equal access to the same free, appropriate public education as other children and youth. 

The term “homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes: 

• Children and youth who are: 
  • Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as “doubled up”); 
  • Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations; 
  • Living in emergency or transitional shelters; or
  • Abandoned in hospitals. 
• Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; 
• Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and 
• Migratory children who qualify as homeless because they are living in circumstances described above. 

To help ensure that homeless children and youth have a full opportunity to enroll, attend, and succeed at school, the board shall:

• Designate the Homeless Coordinator as the local homeless children and youth liaison; 
• Provide training opportunities for staff so staff may help identify and meet the needs of homeless children and youth; 
• Remove barriers, including those associated with fees, fines, and absences, to the identification, enrollment, retention, attendance and/or success in school for homeless children and youth; 
• Ensure collaboration and coordination with other service providers; 
• Ensure transportation is provided in accordance with legal requirements; 
• Provide school stability in school assignment according to the child’s best interests; 
• Ensure the privacy of student records, as provided by applicable law, including information about a homeless child or youth’s living situation; 
• Engage in the dispute resolution process for decisions relating to the educational placement of homeless children and youth as provided by applicable law; and 
• Prohibit the segregation of a homeless child or youth from other students enrolled in the district. 

The superintendent may develop an administrative process or procedures to implement this policy. 
 

NOTE:  This is a mandatory policy. 

 

NOTE: The United States Department of Education and the Iowa Department of Education have additional information about implementation of the policy. For additional information, please visit: 
•    The “Education Department Releases Guidance on Homeless Children and Youth” section of the United States Department of Education’s website, located at: http://www.ed.gov/news/press-releases/education-department-releases-guidance-homeless-children-and-youth. 
The “Homeless Education” section of the Iowa Department of Education’s website, located at: https://www.educateiowa.gov/pk-12/title-programs/title-x-part-c-homeless-education

 

Legal Reference:

20 U.S.C. § 6301. 42 U.S.C. § 11302.  42 U.S.C. §§ 11431 et seq.      281 I.A.C. 33.

 

 

I.A.C. Iowa Administrative Code	Description
281 I.A.C. 33	Homeless Children and Youth
U.S.C. - United States Code	Description
20 U.S.C. § 6301	Education - Elementary and Secondary Improvement
42 U.S.C. § 11302	Public Health - Homeless Assistance
42 U.S.C. § 11431	Public Health - Education for Homeless Children

Cross References

Code	Description
503.03	Fines - Fees - Charges
503.03-R(1)	Fines - Fees - Charges - Student Fee Waiver and Reduction Procedures
503.03-E(1)	Fines - Fees - Charges - Standard Fee Waiver Application
507.01	Student Health and Immunization Certificates
603.03	Special Education
711.01	Student School Transportation Eligibility

The board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees and visitors.

Students are expected to adhere to standards of cleanliness and dress that are compatible with the requirements of a good learning environment.  The standards will be those generally acceptable to the community as appropriate in a school setting.

The board expects students to be clean and well-groomed and wear clothes in good repair and appropriate for the time, place and occasion.  Clothing or other apparel promoting products illegal for use by minors and clothing displaying obscene material, profanity, or reference to prohibited conduct are disallowed.  While the primary responsibility for appearance lies with the students and their parents, appearance disruptive to the education program will not be tolerated.  When, in the judgment of a principal, a student's appearance or mode of dress disrupts the educational process or constitutes a threat to health or safety, the student may be required to make modifications.

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

 

 

Legal Reference:        
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Bethal School District  v. Fraser, 478 U.S. 675 (1986).
Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
Torvik v. Decorah Community School, 453 F.2d 779 (8th Cir. 1972).
Turley v. Adel Community School District, 322 F.Supp. 402 (S.D. Iowa 1971).
Sims v. Colfax Comm. School Dist., 307 F.Supp. 485 (Iowa 1970).
Iowa Code § 279.8 (2013).

Approved:                                          

Date of Review:
January 10, 2022

 

Policy 502.02: Care of School Property/Vandalism	Status: APPROVED
Original Adopted Date:                                                    | Last Reviewed Date: 04/08/2024

 

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

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

 

Legal Reference:

Iowa Code §§ 279.8; 282.4, .5; 613.16.

 

 

I.C. Iowa Code	Description
Iowa Code  § 279.8	Directors - General Rules - Bonds of Employees
Iowa Code  § 282.4	Attendance and Tuition - Suspension-Expulsion
Iowa Code  § 282.5	Attendance and Tuition - Readmission
Iowa Code  § 613.16	Parental Responsibility for Actions of Children

Cross References

Code	Description
802.01	Maintenance Schedule

 

It is the goal of the district to protect the educational environment for all students to help ensure it is free from substantial disruption or infringement upon their rights.  Student expression should be appropriate to help ensure that the students learn and meet the goals of the school activity and that the potential audience is not exposed to material that may be harmful or inappropriate for their level of maturity.

While students will generally be allowed to express their viewpoints and opinions, in certain qualifying circumstances, student speech may require administrative regulation to help ensure the safety and welfare of the school community.  The district may regulate speech that:  causes or is reasonably anticipated to cause a material and substantial disruption to the education environment; infringes upon the rights of others; is obscene or lewd; is school sponsored; and/or promotes illegal activity.  The administration, when making this judgment, will consider whether the activity in which the expression was made is school-sponsored and whether review or prohibition of the students' speech furthers an educational purpose.  The expression must be done in a reasonable time, place, and manner that is not disruptive to the orderly and efficient operation of the school district.

The superintendent may develop procedures for safely addressing qualifying types of mass protests by students, including walk-ins and walk-outs.  Walk-ins occur when students leave their learning environments during school hours and gather in a group or groups with the purpose of promoting a belief or beliefs.  Walk-outs occur when students leave their learning environments during school hours and gather in a group or groups off district property with the purpose of promoting a belief or beliefs.  

The superintendent is encouraged to obtain feedback from community stakeholders in the development of these procedures.  The goal of the procedures shall be to address student safety, maintain the education environment and promote communication during demonstrations while remaining viewpoint neutral.

Students who violate this policy may be subject to disciplinary measures.  Employees are responsible for helping to ensure students' expression is in keeping with this policy.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Student Publications

Students may produce official school publications as part of the curriculum under the supervision of a faculty advisor and the principal.  Official school publications include material produced in journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee.

 

Any expression made by students, including student expression in official school publications, is not an expression of official school policy.  The school district, the board, and the employees or officials are
not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student speech or expression.  The liability, if any, is only to the extent of the interference or alteration of the speech or expression.

Official school publications are free from prior restraint by employees or officials except as provided by law.  A faculty advisor will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech.  The production of official school publications is guided by the law and by the ethical standards adopted by professional associations or societies of journalism.

Persons, other than students, who believe they have been aggrieved by student expression in a student-produced official school publication will follow the grievance procedure outlined in board policy 213.1.  Students who believe their freedom of expression in a student-produced official school publication has been restricted will follow the grievance procedure outlined in board policy 502.4.

The superintendent is responsible for developing a student publications code.  This code will include, but not be limited to, reasonable rules including time, place, and manner of restrictions.  The superintendent will also be responsible for distributing this policy and the student publications code to the students and their parents.
 

NOTE:  This policy represents the current status of students' first amendment rights.    This is a mandatory policy and accompanying regulation required by Iowa Code ch. 279.73.  Schools are urged to handle all protests through a strictly viewpoint neutral lens. Districts should consider the need to balance opposing views.  If one social issue is permitted, other opposing viewpoints should also be permitted. 

Legal Reference:        
U.S. Const. amend. I.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Bethel School District v. Fraser, 478 U.S. 675 (1986).
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
Iowa Code §§ 279.8; 280.22 (2013).

 

 

Approved:          
August 9, 2021

Date of Review:          
April 8, 2024

                                      

 

Policy 502.04: Student Complaints and Grievances	Status: APPROVED
Original Adopted Date:                          | Last Reviewed Date: 04/08/2024	Last Revised Date:

Creating an environment where students feel comfortable addressing their concerns in a meaningful manner is vital to the learning process.  It is the goal of the board to resolve student complaints at the lowest organizational level. Student complaints and grievances regarding board policy or administrative regulations, or 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 a student’s teacher or other licensed employee, the student may discuss the matter with the principal within 10  days of the employee's decision.  If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within 10 days after speaking with the principal.

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

NOTE:  There should be reasonable limits on the number of days a student has to pursue a complaint.  Cross reference with the number of days listed in policy 401.4 for consistency.

 

Legal Reference:

Iowa Code § 279.8

 

I.C. Iowa Code	Description
Iowa Code § 279.8	Directors - General Rules - Bonds of Employees

Cross References

Code	Description
210.08	Board Meeting Agenda
210.08-EH(1)	Board Meeting Agenda - Example
210.08-EH(2)	Board Meeting Agenda - Example (with closed session)
213	Public Participation in Board Meetings

Policy 502.05: Student Lockers	Status: APPROVED
Original Adopted Date:  Last Reviewed Date:04/08/2024	Last Revised Date:

Student lockers are the property of the school district.  Students will 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 principal of the building may periodically inspect all or a random selection of lockers.  Either students or another individual will be present during the inspection of lockers.  Student lockers may also be searched, at any time and without advance notice, in compliance with board policy regulating search and seizure.
 

NOTE:  Iowa law requires students or another individual to be present during the inspection of lockers.  For locker searches, see Policy 502.8, Search and Seizure.

 

Legal Reference:

Iowa Code §§ 279.8; 280.14; 808A.

 

 

I.C. Iowa Code	Description
Iowa Code § 279.8	Directors - General Rules - Bonds of Employees
Iowa Code § 280.14	Uniform School Requirements - Administrators
Iowa Code § 808A	Student Searches

Cross References

Code	Description
802.01	Maintenance Schedule

 

Policy 502.06: Weapons	Status: UNDER REVIEW
Original Adopted Date: 10/10/1994 | Last Reviewed Date: 01/10/2022 | Last Revised Date:

 

The board believes weapons, other dangerous objects and look-a-likes in school district facilities cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees and visitors on the school district premises or property within the jurisdiction of the school district.

School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes. Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school 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-a-likes on school property are notified of the incident.  Possession or confiscation of weapons, dangerous objects or look-a-likes will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.

Students bringing firearms to school or knowingly possessing firearms at school will be expelled for not less than one year.  The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis.  For purposes of this portion of this 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 poison gas, or otherwise defined by applicable law.

Weapons under the control of law enforcement officials or other individuals specifically authorized by the board are exempt from this policy. The superintendent may develop an administrative process or procedures to implement the policy. 
 

NOTE:  This is a mandatory policy. 

 

NOTE: The board may specifically authorize individuals to be armed with, carry, or transport a firearm on school grounds under limited circumstances outlined in law. Reasons for this authorization may include, conducting instructional programs regarding firearms or for conducting an Iowa Department of Natural Resources approved hunter education course or shooting sports activities course on school property. 

 

Legal Reference:

18 U.S.C. § 921  Iowa Code §§ 279.8; 280.21B; 483A.27(11), 724  281 I.A.C. 12.3(6)

 

 

I.C. Iowa Code	Description
Iowa Code  § 279.8	Directors - General Rules - Bonds of Employees
Iowa Code  § 280.21B	Expulsion-weapons
Iowa Code  § 483A.27	Hunter Education Program
Iowa Code  § 724	Weapons
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12.3	Administration
U.S.C. - United States Code	Description
18 U.S.C. § 921	Crimes - Criminal Procedures - Firearms

 

Policy 502.07: Student Substance Use	Status: APPROVED
Original Adopted Date: 01/10/2022 | Last Revised Date: 2/12/2024| Last Reviewed Date: 02/12/2024

 

PLEASE NOTE: This policy title has been updated

The board believes it is imperative to promote the health and well-being of all students in the district.  The district will provide a substance use prevention program and set restrictions on substance use by students in accordance with applicable law.

The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of alcohol, tobacco/nicotine products, other controlled substances, or "look alike" substances that appear to be tobacco/nicotine products, alcohol or controlled substances by students 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 the misconduct will directly affect the good order, efficient management and welfare of the school district. "Controlled substances" in this policy refers to the misuse of both licit and illicit drugs. 

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

Violation of this policy by students will result in disciplinary action including suspension or expulsion.  Use, purchase or being in possession of tobacco/nicotine products for those under the age of twenty-one, may be reported to the local law enforcement authorities.  Possession, use or being under the influence of alcohol and/or of a controlled substance may also be reported to the local law enforcement authorities.

Students who violate the terms of this policy may be required to satisfactorily complete a substance use assistance or rehabilitation program approved by the school board.  If such student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion.

The board believes the substance use prevention program will include:

• Age-appropriate, evidence-based substance use prevention curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug, and alcohol use and which provide information about effective techniques for resisting social pressure to use tobacco, drugs or alcohol.
• A statement to students that the use of controlled substances and the unlawful possession and use of tobacco/nicotine products and alcohol is harmful to student well-being.
• Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of controlled substances, tobacco/nicotine products and/or alcohol by students on school premises or as part of any of its activities.
• A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions.
• A statement that students may be required to complete a substance use evaluation to determine whether substance use disorder treatment is recommended and, if recommended, successfully complete an appropriate rehabilitation program.
• Information about drug and alcohol counseling and rehabilitation and re-entry programs available to students.
• A requirement that parents and students be given a copy of the standards of conduct and the statement of disciplinary sanctions required; and,
• Notification to parents and students that compliance with the standards of conduct is mandatory.

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

NOTE:  This policy is mandatory and complies with the federal Drug-Free Schools Act but is expanded to also include tobacco products.  This policy reflects Iowa law regarding tobacco products and minors.

 

Legal Reference:

34 C.F.R. Pt. 86 Iowa Code §§ 123.46; 124; 279.8, .9; 453A. 281 I.A.C. 12.3(6); .5(3)(e), .5(4)(e), .5(5)(e)

 

 

I.C. Iowa Code	Description
Iowa Code  § 123.46	Consumption/Intoxication in Public
Iowa Code  § 124	Controlled Substances
Iowa Code  § 279.8	Directors - General Rules - Bonds of Employees
Iowa Code  § 279.9	Directors - Powers and Duties - Controlled Substances
Iowa Code  § 453A	Tobacco, Nicotine, Vapor Products - Taxes, Regulations
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12.3	Administration
281 I.A.C. 5	Public Records - Fair Access
C.F.R. - Code of Federal Regulations	Description
34 C.F.R. Pt. 86	Education - Drug and Alcohol Abuse Prevention

 

Policy 502.08: Search and Seizure	Status: UNDER REVIEW
Original Adopted Date:                        | Last Reviewed Date: 01/10/2022 | Last Revised Date:

 

School district property is held in public trust by the board.  School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation or law has been violated.  The search is in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities.  The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will not give rise to an expectation of privacy with respect to the locker, desk, or other facility.
 
School authorities may seize any illegal, unauthorized or contraband materials discovered in the search.  Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco/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 officials.  The board believes that illegal, unauthorized, or contraband materials may cause material and substantial disruption to the school environment or presents 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.

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

NOTE:  This policy reflects the law regarding school district authority for searching students, their possessions, and their lockers.  Substantive changes were made to 502.08R1.

 

Legal Reference:

U.S. Const. amend. IV. New Jersey v. T.L.O., 469 U.S. 325 (1985). Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987). Iowa Code ch. 808A  281 I.A.C. 12.3(6).

 

 

I.C. Iowa Code	Description
Iowa Code  § 808A	Student Searches
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12.3	Administration
U.S. Supreme Court	Description
469 U.S. 325	New Jersey T.L.O
Case Law	Description
Cason v. Cook	810 F.2d 188 (8th Cir. 1987),  cert. den., 482 U.S. 930 (1987).
New Jersey v. T.L.O.	469 U.S. 325 (1985)

Cross References

Code	Description
905.02	Nicotine/Tobacco-Free Environment

 

 

Policy 502.09: Interviews of Students by Outside Agencies	Status: UNDER REVIEW
Original Adopted Date:                    | Last Reviewed Date: 01/10/2022 | Last Revised Date:

 

Generally, students may not be interviewed during the school day by persons other than parents and school district officials and employees.

Requests from law enforcement officers and from persons other than parents, school district officials, and employees to interview students are made through the principal's office.  Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted.  Generally, prior to granting a request, the principal will attempt to contact the parents to inform them of the request and to ask them to be present.

If a child abuse investigator wishes to interview a student, the principal will defer to the investigator's judgment as to whether the student should be interviewed independently from the student's parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.

Students will not be taken from school without the consent of the principal and without proper warrant.
 

NOTE:  Iowa law does not address access to students by law enforcement authorities or other officials.  This policy reflects the generally accepted practice of school districts.

 

Legal Reference:

Iowa Code §§ 232; 280.17. 281 I.A.C. 102. 441 I.A.C. 9.2; 155; 175.

 

 

I.C. Iowa Code	Description
Iowa Code  § 232	Juvenile Justice
Iowa Code  § 280.17	Uniform School Requirements - Child abuse reporting
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 102	Abuse of Students by School Employees Investigation Procedures
441 I.A.C. 155	Human Services - Child Abuse Prevention
441 I.A.C. 175	Human Services - Abuse of Children
441.I.A.C. 9.2	Human Services - Statement of Policy

Cross References

Code	Description
402.02	Child Abuse Reporting
502.10	Use of Motor Vehicles
902.02	News Conferences and Interviews

 

Policy 502.10: Use of Motor Vehicles	Status: Under Review
Original Adopted Date: 08/11/1975 | Last Reviewed Date: 01/10/2022 | Last Revised Date:

 

The board recognizes the convenience to families and students of having students drive to and park at their school attendance center.  Driving a motor vehicle to and parking it at the student's attendance center is a privilege.

Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center or at either their attendance center or a shared district’s attendance center for the purpose of attending extracurricular activities.  Students may not loiter around or be in their vehicle during the school day without permission from the principal.  Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center. Students who drive shall enter and leave the parking lot by the routes designated by the principal.  

Students who live within one mile of school, and would not otherwise be eligible for a student driving permit, may be eligible for a student driving permit, for driving to and from school and school activities and practices, with administrative approval.

Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the building principal. Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.
 

NOTE: This policy is not mandatory.  The underlined language, however, needs to be in board policy with the board adding its own criteria.

 

Legal Reference:

Iowa Code §§ 279.8; 321

 

 

I.C. Iowa Code	Description
Iowa Code  § 279.8	Directors - General Rules - Bonds of Employees
Iowa Code  § 321	Motor Vehicles

Cross References

Code	Description
502.09	Interviews of Students by Outside Agencies

 

Regulation 503.01-R(1): Student Conduct - Regulation	Status: APPROVED
Original Adopted Date: 12/11/2023 | Last Revised Date:          | Last Reviewed Date:

 

Administrative Action

1. Probation
    
   1. Probation is conditional suspension of a penalty for a set period of time.  Probation may be imposed by the principal for infractions of school rules which do not warrant the necessity of removal from school.
   2. The principal will conduct an investigation of the allegations against the student prior to imposition of probation.  The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  Written notice and reasons for the probation will be sent to the parents.
       
2. In-School Suspension
    
   1.  In-school suspensions may be imposed by the principal for infractions of school rules, which are serious but which do not warrant the necessity of removal from school.
   2. The principal will conduct an investigation of the allegations against the student prior to imposition of an in-school suspension.  The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  In-school suspension will not be imposed for more than ten school days.  Written notice and reasons for the in-school suspension will be sent to the student's parents.
       
3. 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 ten school days by a principal for a commission of gross or repeated infractions of school rules, regulations, policy or the law, or when the presence of the student will cause interference with the maintenance of the educational environment or the operation of the school.  The principal may suspend students after conducting an investigation of the charges against the student, giving the student:
      
      1. Oral or written notice of the allegations against the student, and
      2. The opportunity to respond to those charges.

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

3. 3. Notice of the out-of-school suspension will be mailed no later than the end of the school day following the suspension to the student's parents and the superintendent.  A reasonable effort is made to personally notify the student's parents and such effort is documented by the person making or attempting to make the contact.  Written notice to the parents will include the circumstances which led to the suspension and a copy of the board policy and rules pertaining to the suspension.
       
4. Suspensions and Special Education Students
   1. Students who have been identified as special education students may be referred for a review of the student's Individual Education Program (IEP).  The IEP may be revised to include a continuum of intervention strategies and programming to change the behavior.
   2. Students who have not been identified as special education students may be referred for evaluation after the student's suspension to determine whether the student has a disability and is in need of special education.

I.C. Iowa Code	Description
Iowa Code  § 279.8	Directors - General Rules - Bonds of Employees
Iowa Code  § 282.3	Attendance and Tuition - Admission and Exclusion
Iowa Code  § 282.4	Attendance and Tuition - Suspension-Expulsion
Iowa Code  § 282.5	Attendance and Tuition - Readmission
Iowa Code  § 708.1	Assault - Defined
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12.3	Administration
U.S. Supreme Court	Description
419 U.S. 565	Goss v Lopez (1975)
Case Law	Description
Brands v. Sheldon CSD	671 F. Supp. 627 (N.D. Iowa 1987)
Bunger v. Iowa HS Athletic Assoc.	197 N.W.2d 555 (Iowa 1972)
Goss v. Lopez	419 U.S. 565 (1975)
Sims v. Colfax CSD	307 F.Supp. 485 (Iowa 1970)
Waterloo ISD Board v. Green	259 Iowa 1260, 147 N.W.2d 854 (1967).

Cross References

Code	Description
603.03	Special Education
903.05	Distribution of Materials
903.05-R(1)	Distribution of Materials - Regulation

 

Policy 503.01: Student Conduct	Status: APPROVED
Original Adopted Date: 08/11/1975 | Last Revised Date: 01/12/2022 | Last Reviewed Date: 12/11/2023

 

The board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises.  Appropriate classroom behavior allows teachers to communicate more effectively with students.

Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.

Students who fail to abide by this policy, and the administrative regulations supporting it, may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the orderly and efficient operation of the school district or school activity; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere.  Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.

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, 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 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.

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 therapeutic classrooms or seclusion rooms for students. 

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

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

NOTE:  This is a mandatory policy and outlines the school district's basic student conduct.  Details of how this policy will be implemented should be included in the student handbook.  

 

Legal Reference:

Goss v. Lopez, 419 U.S. 565 (1975). Brands v. Sheldon Community School District, 671 F. Supp. 627 (N.D. Iowa 1987). Sims v. Colfax Comm. School Dist., 307 F. Supp. 485 (Iowa 1970). Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972). Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147        N.W.2d 854 (1967). Iowa Code §§ 279.8;282.3, 282.4, 282.5; 708.1. 281 I.A.C. 12.3(6)

 

 

I.C. Iowa Code	Description
Iowa Code  § 279.8	Directors - General Rules - Bonds of Employees
Iowa Code  § 282.3	Attendance and Tuition - Admission and Exclusion
Iowa Code  § 282.4	Attendance and Tuition - Suspension-Expulsion
Iowa Code  § 282.5	Attendance and Tuition - Readmission
Iowa Code  § 708.1	Assault - Defined
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12.3	Administration
U.S. Supreme Court	Description
419 U.S. 565	Goss v Lopez (1975)
Case Law	Description
Brands v. Sheldon CSD	671 F. Supp. 627 (N.D. Iowa 1987)
Bunger v. Iowa HS Athletic Assoc.	197 N.W.2d 555 (Iowa 1972)
Goss v. Lopez	419 U.S. 565 (1975)
Sims v. Colfax CSD	307 F.Supp. 485 (Iowa 1970)
Waterloo ISD Board v. Green	259 Iowa 1260, 147 N.W.2d 854 (1967).

Cross References

Code	Description
603.03	Special Education
903.05	Distribution of Materials
903.05-R(1)	Distribution of Materials - Regulation

 

 

Policy 503.02: Expulsion	Status: ADOPTED
Original Adopted Date: 03/10/2022 | Last Revised Date: 01/08/2024 | Last Reviewed Date: 01/08/2024

 

Only the board may remove a student from the school environment for more than ten (10) consecutive school days..  

Students may be expelled for violations of board policy, school rules or the law.  It is within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.

It is within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student.  The principal will keep records of expulsions in addition to the board's records.

When a student is recommended for expulsion by the board, the student is provided with:

1. Notice of the reasons for the proposed expulsion;
2. The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;
3. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;
4. The right to be represented by counsel; and
5. The results and finding of the board in writing open to the student's inspection.

In addition to these procedures, a special education student must be provided with additional procedures.  A determination should be made of whether the student is actually guilty of the misconduct.  A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement.  Discussions and conclusions of this meeting should be recorded.

If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures.  If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.
 

NOTE:  This is a mandatory policy and is a reflection of Iowa law regarding student expulsion.  It is consistent with the due process requirements of the 14th amendment to the U.S. Constitution.  The last two paragraphs reflect federal special education law.

 

Legal Reference:

Goss v. Lopez, 419 U.S. 565 (1975). Wood v. Strickland, 420 U.S. 308 (1975). Southeast Warren Comm. School District v. Dept. of Public Instruction, 285      N.W.2d 173 (Iowa 1979). Iowa Code §§ 21.5; 282.3, .4, .5. 281 I.A.C. 12.3(6).

 

 

I.C. Iowa Code	Description
Iowa Code  § 21.5	Closed Session
Iowa Code  § 282.3	Attendance and Tuition - Admission and Exclusion
Iowa Code  § 282.4	Attendance and Tuition - Suspension-Expulsion
Iowa Code  § 282.5	Attendance and Tuition - Readmission
I.A.C. Iowa Administrative Code	Description
281 I.A.C. 12.3	Administration
U.S. Supreme Court	Description
419 U.S. 565	Goss v Lopez (1975)
420 U.S. 308	Wood v Strickland (1975)
Case Law	Description
Goss v. Lopez	419 U.S. 565 (1975)
SE Warren CSD  v. Dept. of Public Instruction	285 N.W.2d 173 (Iowa 1979)
Wood v. Strickland	420 U.S. 308 (1975).

 

The board believes students should respect school district property and assist in its preservation for future use by others.  Students may be assessed fines, charges, or fees for the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.

The superintendent will inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually.  Parents of students meeting specific financial eligibility standards will be eligible for a waiver of student fees or a reduction of student fees based upon the request of the parent.  It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

 

Legal Reference:        
Iowa Code §§ 256.7(20); 279.8; 280.10, .11; 282.6; 285.1; 301.1 (2013).
281 I.A.C. 18.2.
1994 Op. Att'y Gen. 23.
1990 Op. Att'y Gen. 79.
1982 Op. Att'y Gen. 227.
1980 Op. Att'y Gen. 532.

Approved:                                                                  
September 16, 1996                                                   

Date of Review:
January 10, 2022

 

Participation in school activities is a privilege.  School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.

Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school.  Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities which are illegal, immoral or unhealthy.

Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures.  The principal will keep records of violations of the good conduct rule.

It is the responsibility of the superintendent to develop rules and regulations for school activities.  Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.

 

 

Legal Reference:        
Bunger v. Iowa High School Athletic Assn.,
197 N.W.2d 555 (Iowa 1972).
In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).
Iowa Code §§ 280.13, .13A (2013).
281 I.A.C. 12.3(6); 36.15(1).

Approved:
February 14, 1994

Date of Review:
January 10, 2022

 

Corporal punishment is defined as the intentional physical punishment of a student and is prohibited.  It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain.  No employee is prohibited from:

•      Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:

                     --     To quell a disturbance or prevent an act that threatens physical harm to any person.
                     --     To obtain possession of a weapon or other dangerous object within a pupil's control.
                     --     For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.
                     --     For the protection of property as provided for in Iowa Code section 704.4 or 704.5.
                     --     To remove a disruptive pupil from class or any area of school premises or from school-sponsored activities off school premises.
                     --     To protect a student from the self-infliction of harm.
                     --     To protect the safety of others.

•      Using incidental, minor, or reasonable physical contact to maintain order and control.

Mechanical restraint means the use of a device as a means of restricting a student’s freedom of movement.  Mechanical restraint does not mean a device used by a trained individual for specific approved therapeutic or safety purposes for which the device was designed and, if applicable, prescribed, including restraints for medical immobilization, adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without use of such devices or mechanical supports; and vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.

Prone restraint means any restraint in which the student is held face down on the floor.

Reasonable physical force should be commensurate with the circumstances of the situation.  The following factors should be considered in using reasonable physical force for the reasons stated in this policy:

1.    The size and physical, mental, and psychological condition of the student;
2.    The nature of the student's behavior or misconduct provoking the use of physical force;
3.    The instrumentality used in applying the physical force;
4.    The extent and nature of resulting injury to the student, if any;
5.    The motivation of the school employee using physical force.

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

It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

 

 

Legal Reference:        
Ingraham v.Wright, 430 U.S. 651 (1977).
Goss v. Lopez, 419 U.S. 565 (1975).
Tinkham v. Kole, 252 Iowa 1303, 110 N.W.2d 258 (1961).
Lai v. Erickson, PTPC Admin. Doc. 83-12 (1983).
Iowa Code §§ 279.8; 280.21 (2013).
281 I.A.C. 12.3(6); 103.
1980 Op. Att'y Gen. 275.

Approved:                                          
February 14, 1994

Date of Review:
January 10, 2022

 

It is the goal of the district that all students can learn and grow in a safe and peaceful environment that nurtures the student and models respect for onesefl and others.  On occasion, trained district employees and others may have to use behavior management interventions, physical restraint and/or seclusion of students.  The goal of these interventions is to promote the dignity, care, safety, welfare and security of each child and the school community.  With this objective in mind, the district will prioritize the use of the least restrictive behavioral interventions appropriate for the situation.

Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student's arms, legs, body or head freely.  Physical restraint does not mean a technique used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which the technique was designed and, if applicable, prescribed.  Physical restraint does not include instructional strategies, such as physically guiding a student during an educational task, hand-shaking, hugging, or other non-disciplinary physical contact.

Seclusion means the involuntary confinement of a child in a seclusion room or area from which the child is prevented or prohibited from leaving; however, preventing a child from leaving a classroom or school building are not considered seclusion.  Seclusion does not include instances when a school employee is present within the room and providing services to the child, such as crisis intervention or instruction.

Physical restraint or seclusion is reasonable or necessary only:

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

Prior to using physical restraint or seclusion, employees must receive training in accordance with the law.  Any individual who is not employed by the district but whose duties could required the individual to use or be present during the use of physical restraint or seclusion on a student will be invited to participate in the same training offered to employees on this topic.

When required by law, the superintendent or the superintendent's designee will ensure a post-occurrence debriefing meeting is held, maintain documentation and fulfill all reporting requirements for each occurrence of physical restraint or seclusion as required by law.

 

Legal Reference:
Ingraham v.Wright, 430 U.S. 651 (1977).
Goss v. Lopez, 419 U.S. 565 (1975).
Tinkham v. Kole, 252 Iowa 1303, 110 N.W.2d 258 (1961).
Iowa Code §§ 279.8; 280.21.
281 I.A.C. 12.3(6); 103.

Cross Reference:
402.3 Abuse of Students by School District Employees
502 Student Rights and Responsibilities
503 Student Discipline
503.6 Physical Restraint and Seclusion of Students

Adopted:
January 10, 2022

Date of Review:
January 10, 2022

Model Policies for Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence

Board Policy: 503.8      

ADOPTED: 12/11/2023  

REVIEWED:                   

REVISED:                      

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 41(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 physcial 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

 

Grades PK-2

Level	Escalating Response
Level 1	Requires Parent or guardian notification. Responses may include any of the following: Parent or guardian conference that includes the student, when appropriate; When appropriate and with written parent consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s); Detention; and/or Temporary removal from class.
Level 2	Requires parent or guardian notification. Review of response to prior offense, if applicable, to inform increased level of response. Responses to the incident may include the following: Parent or guardian conference that includes the student, when appropriate; When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s); Detention; Temporary or permanent removal from extracurricular activities; Temporary or permanent removal from class; In-school suspension; Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or Placement in an alternative learning environment, including a therapeutic classroom, when appropriate.
Level 3	Requires parent or guardian notification. Review of response to prior offense, if applicable, to inform increased level of response. Responses to an incident may include the following: Parent or guardian conference that includes the student, when appropriate; When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s). Detention; Temporary or permanent removal from extracurricular activities; Temporary or permanent removal from class; In-school suspension; Out-of-school suspension; Suspension of transportation privileges, if misconduct occurred in a school vehicle; Placement in an alternative learning environment, including a therapeutic classroom, when appropriate; and/or Recommendation for expulsion.

 

Grades 3-5

Level	Escalating Response
Level 1	Requires Parent or guardian notification. Responses may include any of the following: Parent or guardian conference that includes the student, when appropriate; When appropriate and with written parent consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s); Detention; and/or Temporary removal from class.
Level 2	Requires parent or guardian notification. Review of response to prior offense, if applicable, to inform increased level of response. Responses to the incident may include the following: Parent or guardian conference that includes the student, when appropriate; When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s); Detention; Temporary or permanent removal from extracurricular activities; Temporary or permanent removal from class; In-school suspension; Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or Placement in an alternative learning environment, including a therapeutic classroom, when appropriate.
Level 3	Requires parent or guardian notification. Review of response to prior offense, if applicable, to inform increased level of response. Responses to an incident may include the following: Parent or guardian conference that includes the student, when appropriate; When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s). Detention; Temporary or permanent removal from extracurricular activities; Temporary or permanent removal from class; In-school suspension; Out-of-school suspension; Suspension of transportation privileges, if misconduct occurred in a school vehicle; Placement in an alternative learning environment, including a therapeutic classroom, when appropriate; and/or Recommendation for expulsion.

 

 

Grades 6-8

Level	Escalating Response
Level 1	Requires Parent or guardian notification. Responses may include any of the following: Parent or guardian conference that includes the student, when appropriate; When appropriate and with written parent consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s); Detention; and/or Temporary removal from class.
Level 2	Requires parent or guardian notification. Review of response to prior offense, if applicable, to inform increased level of response. Responses to the incident may include the following: Parent or guardian conference that includes the student, when appropriate; When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s); Detention; Temporary or permanent removal from extracurricular activities; Temporary or permanent removal from class; In-school suspension; Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or Placement in an alternative learning environment, including a therapeutic classroom, when appropriate.
Level 3	Requires parent or guardian notification. Review of response to prior offense, if applicable, to inform increased level of response. Responses to an incident may include the following: Parent or guardian conference that includes the student, when appropriate; When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s). Detention; Temporary or permanent removal from extracurricular activities; Temporary or permanent removal from class; In-school suspension; Out-of-school suspension; Suspension of transportation privileges, if misconduct occurred in a school vehicle; Placement in an alternative learning environment, including a therapeutic classroom, when appropriate; and/or Recommendation for expulsion.

 

Grades 9-12

Level	Escalating Response
Level 1	Requires Parent or guardian notification. Responses may include any of the following: Parent or guardian conference that includes the student, when appropriate; When appropriate and with written parent consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s); Detention; and/or Temporary removal from extracurricular activities; Temporary removal from class; In-school suspension; and/or Suspension of transportation, if misconduct occurred in a school vehicle.
Level 2	Requires parent or guardian notification. Review of response to prior offense, if applicable, to inform increased level of response. Responses to the incident may include the following: Parent or guardian conference that includes the student, when appropriate; When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s); Detention; Temporary or permanent removal from extracurricular activities; Temporary or permanent removal from class; In-school suspension; Out-of-school suspension; Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or Placement in an alternative learning environment, including a therapeutic classroom, when appropriate.
Level 3	Requires parent or guardian notification. Review of response to prior offense, if applicable, to inform increased level of response. Responses to an incident may include the following: Parent or guardian conference that includes the student, when appropriate; When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; Behavior intervention student agreement coupled with another response(s); Restitution or opportunities to repair relationships coupled with another response(s). Detention; Temporary or permanent removal from extracurricular activities; Temporary or permanent removal from class; In-school suspension; Out-of-school suspension; Suspension of transportation privileges, if misconduct occurred in a school vehicle; Placement in an alternative learning environment, including a therapeutic classroom, when appropriate; and/or Recommendation for expulsion.

 

It is the goal of the district to provide a safe and supportive educational environment in which all students may learn.  As part of creating that safe educational environment, no employee of the district will provide false or misleading information to the parent/guardian of a student regarding that student’s gender identity or intention to transition to a gender that is different from their birth certificate or certificate issued upon adoption.   

If a student makes a request to a licensed employee to accommodate a gender identity, name, or pronoun that is different than what was assigned to the student in the student’s registration forms or records, the licensed employee is required by Iowa law to report the request to an administrator. The school administrator receiving the report is required by Iowa law to report the request to the student’s parent/guardian.  This requirement also applies to all nicknames.

To maintain compliance with Iowa law and also provide efficiency in the reporting requirements listed above, the Superintendent will provide the opportunity for parents and guardians to list in the student’s registration paperwork any and all nicknames used for students.

 

Adopted: August 14, 2023

Reviewed: 

Revised: