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.

A student who commits an assault against an employee on school district property or on property within the jurisdiction of the school district; while on school-owned or school-operated chartered vehicles; or while attending or engaged in school district activities will be suspended by the principal.  Notice of the suspension is sent to the board president.  The board will review the suspension and decide whether to hold a disciplinary hearing to determine whether to impose further sanctions against the student which may include expulsion.  In making its decision, the board shall consider the best interests of the school district, which shall include what is best to protect and ensure the safety of the school employees and students from the student committing the assault.  Assault for purposes of this section of this policy is defined as, 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.

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.

Suspension means; either an in-school suspension, an out-of-school suspension, a restriction from activities or loss of eligibility.  An 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.  An 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.  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.

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

                              603.3    Special Education

                              903.5    Distribution of Materials

Approved    January 10, 2007    Reviewed  December 13, 2017     Reviewed November 15, 2017                        

Only the board may remove a student from the school environment.  The removal of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.

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 (2013).

                              281 I.A.C. 12.3(6).

 

Cross Reference:     502     Student Rights and Responsibilities

                              503     Student Discipline

 

Approved January 10, 2007    Reviewed December 13, 2017    Reviewed November 15, 2017                      Revised                   

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 (2011).

    281 I.A.C. 18.

    1994 Op. Att'y Gen. 23.

    1990 Op. Att'y Gen. 79.

    1982 Op. Att'y Gen. 227.

    1980 Op. Att'y Gen. 532.

Cross Reference:    501.16  Homeless Children & Youth

    502    Student Rights and Responsibilities

    503    Student Discipline

Approved   January 10, 2007      Reviewed  December 14, 2011                      Revised                   

Board Policy East Buchanan Community Schools

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.

Whenever a student transfers into the East Buchanan Community School District from another school and was declared ineligible under the prior school district’s Good Conduct Rule the following will apply.  If the student has not completed the required period of ineligibility at the previous school, he/she will not be eligible for interscholastic competition at East Buchanan until the full period of ineligibility has been completed.  Once that time period of ineligibility has been completed, the student is then immediately eligible for interscholastic competition at East Buchanan as far as any Good Conduct Rule is concerned.

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.

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.

 

Cross Reference:           402.3    Abuse of Students by School District Employees

                                    502       Student Rights and Responsibilities

                                    503       Student Discipline

 

Approved    January 10, 2007   

Reviewed  December 13, 2017