503 - Student Discipline
503 - Student Discipline dawn.gibson.cm… Wed, 06/23/2021 - 08:40503.1 - Student Conduct
503.1 - Student ConductThe 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.
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.
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)
Cross Reference:
501 Student Attendance
502 Student Rights and Responsibilities
504 Student Activities
506.3 Physical Restraint and Seclusion of Students
603.3 Special Education
903.5 Distribution of Materials
Approved 4-10-89
Reviewed 12-11-23
Revised 12-11-23
503.1R1 - Student Suspension
503.1R1 - Student SuspensionAdministrative Action
A. 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.
B. 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.
C. Out-of-School Suspension
1. Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.
2. A student may be suspended out of school for up to 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:
a. Oral or written notice of the allegations against the student and
b. 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. 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.
D. 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.
Approved:4-10-89
Reviewed: 12-11-23
Revised: 3-8-21
503.2 - Expulsion
503.2 - ExpulsionOnly the board may remove a student from the school environment for more than ten (10) consecutive 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 longterm 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.
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).
Cross Reference:
502 Student Rights and Responsibilities
503 Student Discipline
Approved: 4-10-89
Reviewed: 12-11-23
Revised: 12-11-23
503.3 - Fines - Fees - Charges
503.3 - Fines - Fees - ChargesThe 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.
281 I.A.C. 18.2.
Cross Reference:
501.16 Homeless Children & Youth
Approved: 4-12-21
Reviewed: 3-11-24
Revised: 3-11-24
503.3R1 - Student Fee Waiver and Reduction Procedures
503.3R1 - Student Fee Waiver and Reduction ProceduresThe board recognizes that while certain fees charged students are appropriate and authorized, certain students and their families are not financially able to pay the fees. The school district will grant either full waivers, partial waivers or temporary waivers depending upon the circumstances and the student or student's parents' ability to meet the financial criteria.
A. Waivers
1. Full Waivers - a student will be granted a full waiver of fees charged by the school district if the student or student's parents meet the financial eligibility criteria for free meals under the Child Nutrition program, Family Investment Program, or transportation assistance under open enrollment. Students in foster care are also eligible for full waivers.
2. Partial Waivers - a student will be granted a partial waiver of fees charged by the school district if the student or the student's parents meet the financial eligibility criteria for reduced price meals offered under the Child Nutrition program. The reduction percentage will be 50 percent.
3. Temporary Waivers - a student may be eligible for a temporary waiver of fees charged by the district in the event the student's parents are facing financial difficulty. Temporary waivers may be applied for at any time throughout the school year and will not extend beyond the end of the school year.
B. Application - Parents or students eligible for a fee waiver will make an application on the form provided by the school district. Applications may be made at any time but must be renewed annually.
C. Confidentiality - The school district will treat the application and application process as any other student record and student confidentiality and access provisions will be followed.
D. Appeals - Denials of a waiver may be appealed to the Superintendent or designee.
E. Fines or charges assessed for damage or loss to school property are not fees and will not be waived.
F. Notice - the school district will annually notify parents and students of the waiver. The following information will be included in registration materials.
Students whose families meet the income guidelines for free and reduced price lunch, the Family Investment Program (FIP), or transportation assistance under open enrollment, or who are in foster care are eligible to have their student fees waived or partially waived. Students whose families are experiencing a temporary financial difficulty may be eligible for a temporary waiver of student fees. Parents or students who believe they may qualify for temporary financial hardship should contact the relevant principal for a waiver form. This waiver does not carry over from year to year and must be completed annually.
Approved: 8-12-96
Reviewed: 3-11-24
Revised: 3-11-24
503.4 - Good Conduct Rule
503.4 - Good Conduct RuleParticipation 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.
281 I.A.C. 12.3(6); 36.15(1).
Cross Reference:
502 Student Rights and Responsibilities
503 Student Discipline
504 Student Activities
Approved:4-10-89
Reviewed: _____
Revised: 3-8-21
503.4R1 Good Conduct Rule Procedures
503.4R1 Good Conduct Rule ProceduresIt is a privilege and an honor to be able to participate in co-curricular/extra-curricular programs and represent the Forest City School District. The student body and the school are judged by the participant’s character and conduct at all times. Middle School-High School students serve as a model to many people and their attitude has an important impact on others. Any student whose habits and conduct, in and out of school, during the school year and during the summer, are not consistent with the ideals, principles and standards of the Forest City School District shall be declared ineligible for participation in competitions and/or performances.
The list of Co-Curricular/Extra-Curricular Activities is:
- Non-Athletic: Archery, Band (any competition or honor band), Dance Team, FFA, Science Club, Speech, Student Council, Drama, Vocal Music (any competition or honor choir), WarWhoop, Future Problem Solvers, Literary Magazine, Quiz Bowl, Yearbook or Mathcounts.
- Athletic: Football, Volleyball, Cross Country, Swimming, Cheerleading, Basketball, Wrestling, Bowling, Track, Golf, Baseball, and Softball.
- The above list may not be inclusive of all school-related activities/athletics that a student may become ineligible to participate should they be under a Good Conduct Violation.
Good Conduct Violations:
- A violation of the Good Conduct Policy shall include, but not be limited to, the use or possession of alcoholic beverages, tobacco (including look-alikes, ex. e-cigarettes), or a controlled substance, as defined by the Iowa Code (204).
- Violations of the Good Conduct Policy shall include any violation of the Iowa Criminal Code, excluding minor traffic violations, curfew violations, or minor hunting and fishing violations regardless of whether or not an arrest or conviction occurs.
- Violations of the Good Conduct Policy will be determined by a school official. The student will become a Good Conduct Policy violator if a preponderance of the evidence is found to establish a violation.
- Repeatedly violating school policy or rules or committing a serious violation of school policies or rules or engaging in material disruption of school and/or school activities.
- Engaging in conduct off school grounds that harasses, threatens, intimidates, or assaults another individual whether or not criminal charges are filed.
- Any student declared ineligible under the prior school district’s Good Conduct Rule, and then without having completed the full period of ineligibility at that school transfers to Forest City High School, may not be eligible for interscholastic competition at Forest City High School until the full period of ineligibility has been completed.
Consequences:
First Offense:
- Students who violate the Good Conduct Policy will become ineligible for ⅕ of their current/next athletic season and 2 events for non-athletic/activity events. If applicable, the student will develop a plan of restitution approved by the parent/guardian, school administration and the student. The student will also be responsible to schedule and complete three (3) counseling sessions through area hospitals, the juvenile probation officer, pastor, or a school designee. The counselor must be approved by a local school administrator prior to the sessions starting. Students will pay for any cost or fees. Both the approved restitution plan and the counseling sessions must be completed prior to reinstatement of eligibility.
Second Offense:
- The student will become ineligible for ⅔ of their next athletic season and the next 4 non-athletic events that the students are scheduled to participate in and complete (3) counseling sessions the additional evaluation and treatment in accordance with the provisions set out above for the first offense violation. (See First Offense for counseling guidelines).
All Other Offenses:
- The student will become ineligible for (1) calendar year from all athletic/non-athletic competition or performance.
- If a student begins an athletic/non-athletic season, he/she must complete that season in “good standing” in order for the contests/events to count toward the period of ineligibility.
- A student, who is ineligible, may practice with their team, music group or speech/drama section, or their club. The student may also travel with the team or group, as long as the coach or sponsor has granted permission, to a contest but may not be in uniform (must be in street clothes) and may only perform tasks as assigned by the coach/sponsor.
The District retains full discretion depending on the nature and severity of the conduct to deviate from the progressive penalties outlined above. The District reserves the right to use its discretion in determining the severity or seriousness of any offense and also reserves the right to use discretion in determining the consequences to be imposed for any violation, based on the facts and circumstances of each situation. By way of example, a first-time incident of felonious conduct may result in penalties greater than those outlined for a first offense. Additionally, nothing in this policy precludes the District from applying its Policy 501.3 Student Conduct Policy, as applicable, to conduct off school grounds which materially and substantially disrupts the orderly operations of the school and the maintenance of a safe educational environment.
Due Process Procedures:
Notification
A student who has allegedly violated the Good Conduct Rule will be notified of the alleged violation, the information that supports the allegations and will be given the opportunity to respond. Upon a review of all of the evidence and circumstances, an administrator will make a decision regarding the alleged violation of the Good Conduct Rule and determine the period of ineligibility.
Whenever a student is declared ineligible under the Good Conduct Rule, the following procedures shall apply:
- A conference will be held with an administrator and the student. At that time, the length of the period of ineligibility and a specific explanation of the reasons for the ineligibility will be discussed. The offense and the consequences will thereafter be put in writing and sent to the student and parents/guardians.
- If the student or parents/guardians do not wish to appeal the decision, the decision will be in effect and will be considered final.
Implementation of Consequence
- If the suspension occurs at a point in the season where the number of competitions remaining is less than the number of competitions in the suspension, the suspension will carry over into the next activity the student participates in. Post-season activities will be counted towards satisfying the terms of the suspension.
- No suspension sanctions will be applied to co-curricular activities that are graded.
- Generally, violations of the policy in Middle School are not carried over to the High School; however, the district retains full discretion to carry over violations dependent on the timing and the severity or seriousness of the offense.
Appeal Process:
If an administrator(s) determine that a student has violated the Good Conduct Code and is, therefore, ineligible to participate in co-curricular or extracurricular activities for a certain period of time, the student shall have the right to appeal such determination to the Board of Directors in accordance with the following provisions:
- During the appeal procedure, the student will be ineligible to participate in any extracurricular activities.
- Within seven (7) days after the date on which the administrator(s) deliver to the student the notice of violation of the Good Conduct Code, and not later, the student or the student’s parent or other representative shall deliver to the President of the Board of Directors a written notice of appeal stating the students’ objections to the administrator determination and requesting an oral hearing thereon before the Board of Directors.
- The President shall schedule a meeting of the Board of Directors for a time within twenty (20 days) after receipt of the written notice of appeal and shall in not less than five (5) days give written notice of such meeting to the student.
- The Board of Directors at such meeting shall first hear evidence and statements presented by the administrator(s) and then by the student or student’s parent or other representative. Such hearing shall be conducted as an informal administrator process and shall not be governed by any formal rules of evidence or procedure. The Board of Directors shall not be required to afford the student an opportunity to confront or cross-examine witnesses by compulsory process to give testimony at such hearing.
- The Board of Directors shall consider all evidence and state presented at such hearing and shall make written findings of its decision within five (5) days of such hearing. A copy of the decision shall be mailed forthwith to the student. The decision of the Board of Directors shall contain findings as to whether the administrator(s) determination was correct or shall be reversed.
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.
281 I.A.C. 12.3(6); 36.15(1).
Cross Reference:
502 Student Rights and Responsibilities
503 Student Discipline
504 Student Activities
Approved:1-8-24
Reviewed: _____
Revised: ____
503.5 - Corporal Punishment, Mechanical Restraint and Prone Restraint
503.5 - Corporal Punishment, Mechanical Restraint and Prone RestraintThe use of corporal punishment, mechanical restraint and/or prone restraint is prohibited in all schools. Corporal punishment is defined as the intentional physical punishment of a student. It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain. No employee is prohibited from any of the following which are not considered corporal punishment:
- 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(s) within a student'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 student 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 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, including mental and psychological injury;
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).
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
503.6 Physical Restraint and Seclusion of Student series
Approved 4-10-89
Reviewed 4-8-24
Revised 4-8-24
503.6 - Physical Restraint and Seclusion of Students
503.6 - Physical Restraint and Seclusion of StudentsIt 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 oneself and others. On occasion, trained district employees and others may have to use behavior management interventions, physical restraint and/or seclusion of students. The goal of these interventions is to promote the dignity, care, safety, welfare and security of each child and the school community. With this objective in mind, the district will prioritize the use of the least restrictive behavioral interventions appropriate for the situation.
Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move 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 nonmonetary 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 require the individual to use or be present during the use of physical restraint or seclusion on a student will be invited to participate in the same training offered to employees on this topic.
When required by law, the 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:
Iowa Code §§ 279.8; 280.21.
281 I.A.C. 103.
Cross Reference:
402.3 Abuse of Students by School District Employees
503.5 Corporal Punishment
Approved 4-10-89
Reviewed 4-8-24
Revised 4-8-24
503.6E1 - Use of Physical Restraint and/or Seclusion Documentation Form
503.6E1 - Use of Physical Restraint and/or Seclusion Documentation FormSee attached form.
503.6E2 - Debriefing Letter to Guardian of Student Involved in an Occurrence Where Physical Restraint and/or Seclusion was Used
503.6E2 - Debriefing Letter to Guardian of Student Involved in an Occurrence Where Physical Restraint and/or Seclusion was UsedSee attached form.
503.6E3 - Debriefing Meeting Document
503.6E3 - Debriefing Meeting DocumentSee attached form.
503.6R1 - Use of Physical Restraint and Seclusion with Students
503.6R1 - Use of Physical Restraint and Seclusion with StudentsThe District will comply with 281 Iowa Administrative Code Ch. 103 for the use of physical restraint and seclusion with students, including, but not limited to:
- Physical restraint and seclusion will be used only by employees who have been trained in accordance with applicable law unless a trained employee is not immediately available due to the unforeseeable nature of the occurrence.
- As soon as practical after the situation is under control, but within one hour after either the occurrence or the end of the school day, whichever occurs first, the school will attempt to contact the student’s parent or guardian using the school’s emergency contact system.
- The seclusion or physical restraint is used only for as long as necessary based on research and evidence to allow the student to regain control of their behavior to the point that the threat or behavior necessitating the use of the seclusion or physical restraint has ended, or when a medical condition occurs that puts the student at risk of harm. Unless otherwise provided for in the student’s written approved IEP, BIP, IHP or safety plan, if the seclusion or physical restraint continues for more than 15 minutes:
- The student will be provided with any necessary breaks to attend to personal and bodily needs, unless doing so would endanger the child or others.
- An employee will obtain approval from an administrator or administrator’s designee to continue seclusion or physical restraint beyond 15 minutes. After the initial approval, an employee must obtain additional approval every 30 minutes thereafter for the continuation of the seclusion or physical restraint.
- The student’s parent or guardian and the school may agree to more frequent notifications than is required by law.
- Schools and district employees must document and explain in writing the reasons why it was not possible for the employees to obtain approval, notify parents, or take action within prescribed time limits.
- Schools and district employees who begin and then end use of nonapproved restraints will document and explain in writing the reasons why they had no other option but to use this type of behavioral intervention.
- The area of seclusion will be a designated seclusion room that complies with the seclusion room requirements in accordance with law, unless the nature of the occurrence makes the use of the designated seclusion room impossible, clearly impractical, or clearly contrary to the safety of the student, others, or both; in that event, the school must document and explain in writing the reasons why a designated seclusion room was not used.
- An employee must continually visually monitor the student for the duration of the seclusion or physical restraint.
- If an employee restrains a student who uses sign language or an augmentive mode of communication as the student’s primary mode of communication, the student shall be permitted to have the student’s hands free of physical restraint, unless doing so is not feasible in view of the threat posed.
- Seclusion or physical restraint shall not be used: as punishment or discipline; to force compliance or to retaliate; as a substitute for appropriate educational or behavioral support; to prevent property damage except as provided in law; as a routine school safety measure; or as a convenience to staff.
- The Superintendent or the Superintendent’s designee will investigate any complaint or allegation that one or more employees violated any provisions of 281 Iowa Administrative Code Ch. 103. If the District determines a violation has occurred, corrective action will be taken up to and including termination of the employees involved. If the allegation or complaint involves a specific student the District will notify the parents or guardian of the involved student about the results of the investigation. If any allegation or complaint is also defined as abuse in 281 Iowa Administrative Code 102.2, the procedures listed in chapter 102 will apply.
- The District must comply with and implement Chapter 103 whether or not a parent consents to the use of physical restraint or seclusion.
Legal Reference:
Iowa Code §§ 279.8; 280.21.
281 I.A.C. 103.
Cross Reference:
402.3 Abuse of Students by School District Employees
502 Student Rights and Responsibilities
503 Student Discipline
503.5 Corporal Punishment
Approved 4-10-89
Reviewed 4-08-24
Revised 04-08-24
503.7 - Student Disclosure of Identity
503.7 - Student Disclosure of IdentityIt 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.
Legal Reference:
Cross Reference:
Approved: 8-14-23
Reviewed:
Revised:
503.7E1 - Report of Student Disclosure of Identity
503.7E1 - Report of Student Disclosure of Identity
REPORT OF STUDENT DISCLOSURE OF IDENTITY
Dear (Parent/Guardian) _________________,
This letter is to inform you that your student (student’s name listed on registration) ________________ has made a request of a licensed employee to (check all that apply):
______ make an accommodation that is intended to affirm the student’s gender identity as follows:
________________________________________________________________________________________________________________________________________________________
______ use a name, pronoun or gender identity that is different from the name, pronoun and/or gender identity listed on the student’s school registration forms. The name, pronoun, or gender identity requested is _________________________________________________________________________.
If you would like to amend the student’s registration paperwork to permit the student’s requested accommodation and/or include the use of the above-referenced name/pronoun/gender identity, please complete the attached form and return it to the district administration office.
Sincerely,
____________________________________________ __________________
Administrator Date
503.7E2 - Request to Update Student Identity
503.7E2 - Request to Update Student IdentityREQUEST TO UPDATE STUDENT IDENTITY
__________________________________________________ __________________
(Student’s current name on registration) (Student ID)
Please update my student’s names, pronouns, and/or gender identities on my student’s registration paperwork to include all of the following:
__________________________________________________________________________________
(Names)
__________________________________________________________________________________
(Pronouns)
__________________________________________________________________________________
(Gender identities)
__________________________________ __________________
Parent/Guardian Date
503.8 Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence
503.8 Discipline of Students Who Make Threats of Violence or Cause Incidents of ViolenceDiscipline Policy
Discipline is designed to promote behavior that will enable students to learn and successfully participate in their educational and social environments. The district discipline policy for students who make a threat of violence or commit an act of violence is developed to help students understand their obligations to others in the school setting, secure the safety of all students, staff and the community, and to correct student behavior if a violation occurs (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 1).
Students will conduct themselves in a manner fitting their age, grade level, and maturity, and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and tailored to the age, grade level and maturity of the student.
Discipline and other responses to threats or incidents of violence by a student with a disability, including removal from a class, placement in a therapeutic classroom, suspensions, and expulsions, will comply with the provisions of applicable federal and state laws including, but not limited to, the IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 3).
District Response to a Threat or Incident of Violence by a Student
Reporting a Threat of Violence or Incidence of Violence
In the case of any threat of violence or incident of violence that results in injury, property damage or assault by a student, the teacher will report to the school principal or lead administrator within 24 hours of the incident. The principal or lead administrator will notify the parent or guardian of the student(s) who threatened or perpetrated an act of violence and the student(s) who the threatened or perpetrated act of violence was made against within 24 hours after receipt of the teacher’s report and complete an investigation of the incident as soon as possible. The classroom teacher may also notify the parent or guardian of the student who made the threat or caused the incident, and the parent or guardian of the student against whom the threat or incident was directed (2023 Iowa Acts, chapter 96 (House File 604), sec. 4).
An investigation will be initiated by the principal or lead administrator upon learning of an incident of violence or threat of violence through any credible means. If the principal or lead administrator finds that an incident of violence or threat of violence did occur, the administrator will determine the level of threat or incident by considering all aspects of the situation, including the student's intent and knowledge of the impact of their actions, their developmental level and context of the incident. The resolution will focus on identifying the cause behind the behavior and appropriate corrective action (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsections 1 and 4).
A student who makes a threat of violence, causes an incident of violence that results in injury or property damage, or who commits an assault, will be subject to escalating levels of discipline for each occurrence. When appropriate, referrals will be made to local law enforcement. The district retains the authority to assign the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 5).
Threat of Violence
Threat of violence means a written, verbal, electronic or behavioral message that either explicitly or implicitly expresses an intention to inflict emotional or physical injury, property damage, or assault.
Incident of Violence
Incident of violence means the intentional use of physical force or power against oneself, another person, a group or community or property resulting in injury, property damage or assault.
Injury
Injury means “physical pain, illness or any impairment of physical condition.” State v. McKee, 312 N.W.2d 907, 913 (Iowa 1981).
Property Damage
Property damage means any destruction, damage, impairment or alteration of property to which the individual does not have a right to take such an action. Property means real property, which includes any real estate, building, or fixture attached to a building or structure, and personal property, which includes intangible property (Iowa Code section 4.1(21)).
Assault
Assault means when, without justification, a student does any of the following:
- an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or
- any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or
- intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.
The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace (Following Iowa Code section 708.1).
Escalating Responses of Disciplinary Action by Grade Band
The district reserves the right to determine the level of disciplinary action corresponding to the severity of threat of incident of violence.
Incident Levels
Incident levels must escalate, with Level 1 being less severe than Level 3 incidents. However, the District maintains discretion in applying the level of discipline appropriate for an incident. Because no definition could encompass all possible threats or incidents, the administration has discretion in determining which level to assign the incident after looking at the nature of the incident as well as the age, grade level, and maturity of the student.
Considerations for Determining the Maturity of the Student
The District believes that gauging the maturity of a student is subject to interpretation and best left to the licensed employees who interact most closely with the student on a regular basis. Assessing a student’s maturity level is based on individual characteristics unique to each student. Therefore, in making a determination about the maturity of a student, the administration may consult with the student’s classroom teacher and other relevant licensed staff.
Credibility of Threats
Not all statements of threat by children are credible. The district will consider whether the student had the plan, capacity and wherewithal to carry out the threat.
Considerations for Determining Whether the Off-Campus Threat of Violence or Incident of Violence Will Directly Affect the Good Order, Efficient Management and Welfare of the School District
The District recognizes that students maintain First Amendment rights to free expression both within school and outside. However, free speech protections are not absolute and do not extend to true threats of violence toward an individual or a group of individuals. In considering whether a threat or incident of violence will directly affect the good order, efficient management and welfare of the school district necessitating the need for investigation, the administration will consider, among other things, the following factors:
• The specificity of the threat for time, location or individual(s) targeted;
• The reasonable likelihood of the student’s ability to carry out the threat;
• The reasonable likelihood that the threat will interfere with the operation of the educational environment.
In addition to the notification requirements in policy, the administration will apprise the parents or guardians of any student who suffered violence or a threat of violence, of the rights to file complaints under any other relevant board policies including but not limited to anti-bullying/anti-harassment and Title IX
The response requires an individualized education program, IEP meeting, if the student has an IEP; however; administrator discretion is available to not hold an IEP meeting if the student’s IEP allows for the range of staff response necessary to deal with the issue and the severity of the incident are factors.
Grades PK-2
Level of Disciplinary Action |
Escalating Response |
Level 1 |
• Requires parent or guardian notification. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Responses may include any of the following: o Parent or guardian conference that includes the student, when appropriate; o When appropriate and with written parent consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; and/or o Temporary removal from class. • Unless the first offense is unusually serious, the administrator will avoid permanent removal from a class. |
Level 2 |
• Requires parent or guardian notification. • Review of response to prior offense, if applicable, to inform increased level of response. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Responses to the incident may include the following: o Parent or guardian conference that includes the student, when appropriate; o When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; o Temporary or permanent removal from extracurricular activities; o Temporary or permanent removal from class; o In-school suspension; o Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or o 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. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Responses to an incident may include the following: o Parent or guardian conference that includes the student, when appropriate; o When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s). o Detention; o Temporary or permanent removal from extracurricular activities; o Temporary or permanent removal from class; o In-school suspension; o Out-of-school suspension; o Suspension of transportation privileges, if misconduct occurred in a school vehicle; o Placement in an alternative learning environment, including a therapeutic classroom, when appropriate; and/or o Recommendation for expulsion. |
Grades 3-4
Level of Disciplinary Action |
Escalating Response |
Level 1 |
• Requires parent or guardian notification. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Responses to an incident may include the following: o Parent or guardian conference that may include the student, when appropriate; o When appropriate and with written parent consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; and/or o Temporary removal from class. • Unless the first offense is unusually serious, the administrator will avoid permanent removal from a class. |
Level 2 |
• Requires parent or guardian notification. • Review of response to prior offense, if applicable, to inform increased level of response. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Response to an incident may include, but are not limited to, the following: o Parent or guardian conference that includes the student, when appropriate; o When appropriate, with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; o Temporary or permanent removal from extracurricular activities; o Temporary or permanent removal from class; o In-school suspension; o Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or o 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. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Response to an incident may include the following: o Parent or guardian conference that includes the student, when appropriate; o When appropriate and with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; o Temporary or permanent removal from extracurricular activities; o Temporary or permanent removal from class; o In-school suspension; o Out-of-school suspension; o Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or o Placement in an alternative learning environment, including a therapeutic classroom, when appropriate; and/or o Recommendation for expulsion. |
Grades 5-8
Level of Disciplinary Action |
Escalating Response |
Level 1 |
• Requires parent or guardian notification. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Responses to an incident may include the following: o Parent or guardian conference that may include the student, when appropriate; o When appropriate and with written parent consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; and/or o 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. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Responses to an incident may include, but are not limited to, the following: o Parent or guardian conference that includes the student, when appropriate; o When appropriate and with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; o Temporary or permanent removal from extracurricular activities; o Temporary or permanent removal from class; o In-school suspension; o Out-of-school suspension; o Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or o 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. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Response to an incident may include the following: o Parent or guardian conference that may include the student, when appropriate; o When appropriate and with written parent consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; o Temporary or permanent removal from extracurricular activities; o Temporary or permanent removal from class; o In-school suspension; o Out-of-school suspension; o Suspension of transportation privileges, if misconduct occurred in a school vehicle; o Placement in an alternative learning environment, including a therapeutic classroom, when appropriate; and/or o Recommendation for expulsion. |
Grades 9-12
Level of Disciplinary Action |
Escalating Response |
Level 1 |
• Requires parent or guardian notification. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Responses to an incident may include, but are not limited to, the following: o Parent or guardian conference that includes the student, when appropriate; o When appropriate and with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; o Temporary removal from extracurricular activities; o Temporary removal from class; o In-school suspension; and/or o 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. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Response to an incident may include the following: o Parent or guardian conference that includes the student, when appropriate; o When appropriate and with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; o Temporary or permanent removal from extracurricular activities; o Temporary or permanent removal from class; o In-school suspension; o Out-of-school suspension; o Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or o 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. • Requires individualized educational program (IEP) meeting, if the student has an IEP. • Response to an incident may include the following: o Parent or guardian conference that includes the student, when appropriate; o When appropriate and with written parent/guardian consent, counseling, and/or mental health counseling subject to available resources of the district; o Behavior intervention student agreement coupled with another response(s); o Restitution or opportunities to repair relationships coupled with another response(s); o Detention; o Temporary or permanent removal from extracurricular activities; o Temporary or permanent removal from class; o In-school suspension; o Out-of-school suspension; o Suspension of transportation privileges, if misconduct occurred in a school vehicle; o Placement in an alternative learning environment, including a therapeutic classroom, when appropriate; and/or o Recommendation for expulsion. |
Definitions (consistent with the Department’s Data Dictionary 2022-23)
Detention means the student's presence is required during non-school hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee or the building principal disciplining the student.
Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.
In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension will not exceed ten consecutive school days.
Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten consecutive school days unless due process is provided as required by federal and state law.
A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.
Placement in an alternate learning environment means placement of a student in an environment established apart from the regular educational program that includes rules, staff and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district.
Removal from the classroom means a student is sent to the building principal's office. It is within the discretion of the person in charge of the classroom to remove the student.
Legal Reference: Iowa Code §279.79
Cross Reference:
502 Series- Student Rights and Responsibilities
503 Series - Student Disipline
Approved 12-11-23
Reviewed
Revised