503.08 Model Policies for Discipline of Students Who Make Threats of Violence

Regulation 503.8: Model Policy for Discipline

Status: UNDER FIRST READING

Original Adopted Date: 12/11/2023 | Last Revised Date:          | Last Reviewed Date:

 

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.