503 - STUDENT CONDUCT

503.1 - STUDENT CONDUCT (5/8/2024)

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.


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; May 8, 2024

503.1R1 - STUDENT CONDUCT REGULATION (5/8/2024)

Administrative 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.


I.C. Iowa Code References                   

Iowa Code § 279.8        Directors - General Rules - Bonds of Employees

Iowa Code § 282.3        Attendance and Tuition - Admission and

Iowa Code § 282.4        Attendance and Tuition - Suspension-Expulsion

Iowa Code § 282.5        Attendance and Tuition -

Iowa Code § 708.1        Assault - Defined

I.A.C. Iowa Administrative Code References

281 I.A.C. 12.3 Administration

U.S. Supreme Court References

419 U.S. 565     Goss v Lopez (1975

Case Law References    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          506.03 Student Photographs

603.03 Special Education

606.05 Student Field Trips and Excursions

903.05 Distribution of Materials

903.05-R(1)      Distribution of Materials - Regulation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

503.2 - EXPULSION (05/08/2024)

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.


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).

Approved:  January 10, 2007   

Reviewed:  May 8, 2024  

Board Policy East Buchanan Community Schools

503.3 - FINES - FEES - CHARGES (5/8/2024)

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

                                    281 I.A.C. 18.2

Cross Reference:           501.16  Homeless Children & Youth                           

Approved:  January 10, 2007          

Reviewed:  December 13, 2017; May 8, 2024

Board Policy East Buchanan Community Schools

503.3E1 - STANDARD FEE WAIVER APPLICATION

Print the form below.

 

503.3R1 - STUDENT FEE WAIVER AND REDUCTION PROCEDURES (5/8/2024)

The 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.

        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 district office for a waiver form.  This waiver does not carry over from year to year and must be completed annually.

 

Reviewed:  May 8, 2024

Board Policy East Buchanan Community Schools

503.4 - GOOD CONDUCT RULE (5/8/2024)

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 Conduce 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.


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:           504.4    Student Performances

                                    606.5    Student Field Trips and Excursions

Approved:  January 10, 2007           

Reviewed:  December 13, 2017;  May 8, 2024      

 

Board Policy East Buchanan Community Schools

503.5 - CORPORAL PUNISHMENT, MECHANICAL RESTRAINT AND PRONE RESTRAINT (5/8/2024)

The 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 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 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).

                                    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 Series      Physical Restraint and Seclusion of Students

Approved:  January 10, 2007  

Reviewed:  December 13, 2017; May 8, 2024

503.6 - PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS (5/8/2024)

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 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 References:          402.3    Abuse of Students by School District Employees

                                    503.5    Corporal Punishment, Mechanical Restraint and Prone Restraint

Adopted:  May 8, 2024

East Buchanan CSD Board Policy

503.6E1 - USE OF PHYSICAL RESTRAINT AND/OR SECLUSION DOCUMENTATION FORM (5/8/2024)

Click on link below for the form.

503.6E2 - DEBRIEFING LETTER TO GUARDIAN WHERE PHYSICAL RESTRAINT AND/OR SECLUSION WAS USED (5/8/2024)

503.6E3 - DEBRIEFING MEETING DOCUMENT (5/8/2024)

503.6R1 - PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS REGULATION (5/8/2024)

The 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.

 

I.C. Iowa Code

Description

Iowa Code  § 279.8

Directors - General Rules - Bonds of Employees

Iowa Code  § 280.21

Corporal Punishment

I.A.C. Iowa Administrative Code

Description

281 I.A.C. 103

Corporal Punishment, Physical Restraint, Seclusion

Cross References

Code

Description

402.03

Abuse of Students by School District Employees

503.05

Corporal Punishment, Mechanical Restraint and Prone Restraint

Adopted:  May 8, 2024

503.7 - STUDENT DISCLOSURE OF IDENTITY (5/8/2024)

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.


Legal Reference:  §279.78
 

I.C. Iowa Code

Description

Iowa Code § 279.78

 

Adopted:  May 8, 2024

Parental Rights in Ed

 

 

Adopted:  May 8, 2024

503.7E1 - REPORT OF STUDENT DISCLOSURE OF IDENTITY (5/8/2024)

Uploaded Files: 

503.7E2 - REQUEST TO UPDATE STUDENT IDENTITY (5/8/2024)

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 VIOLENCE

Discipline is designed to promote behavior that will enable students to learn and successfully participate in their educational and social environments. The East Buchanan Community School District utilizes the Discipline Matrix in order to maintain a safe and equitable learning environment. 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). 

 

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 by Grade Band

 

Level

PK-2

3-5

6-8

9-12

 

1

Requires parent or guardian notification.
Requires individualized educational program (IEP) meeting, if the student has an IEP.

Responses may include but are not limited to any of the following:

  • Parent or guardian conference that includes the student, when appropriate;

  • When appropriate and with parent consent, counseling, and/or mental health counseling subject to available resources of the district;

  • Behavior intervention student agreement coupled with another response;

  • Detention; and/or

  • Temporary removal from class unless the first offense is unusually serious, the administrator will avoid permanent removal from a class.

 

Responses may include but are not limited to any of the following:

  • Parent or guardian conference that includes the student, when appropriate;

  • When appropriate and with parent consent, counseling, and/or mental health counseling subject to available resources of the district;

  • Behavior intervention student agreement coupled with another response;

  • Detention; and/or

  • Temporary removal from class

Responses may include but are not limited to any of the following:

  • Parent or guardian conference that includes the student, when appropriate;

  • When appropriate and with parent consent, counseling, and/or mental health counseling subject to available resources of the district;

  • Behavior intervention student agreement coupled with another response;

  • Detention;

  • Temporary removal from extracurricular activities

  • Temporary removal from class;

  • Out of School Suspension and/or

  • Suspension of transportation, is misconduct occurred in a school vehicle

 

    

 

Level

PK-2

3-5

6-8

9-12

 

 

2

Requires parent or guardian notification.

Review of response of prior offenses, is 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 but are not limited to any of the following:

  • Parent or guardian conference that includes the student, when appropriate;

  • When appropriate and with parent consent, counseling, and/or mental health counseling subject to available resources of the district;

  • Behavior intervention student agreement coupled with another response;

  • Restitution or opportunities to repair relationships coupled with another response;

  • Detention;

  • Temporary or permanent removal from extracurricular activities; 

  • Temporary or permanent removal from class;

  • Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or

  • Placement in an alternative learning environment, including therapeutic classroom, when appropriate

 

Responses to the incident may include but are not limited to any of the following:

  • Parent or guardian conference that includes the student, when appropriate;

  • When appropriate and with parent consent, counseling, and/or mental health counseling subject to available resources of the district;

  • Behavior intervention student agreement coupled with another response;

  • Restitution or opportunities to repair relationships coupled with another response;

  • Detention;

  • Temporary or permanent removal from extracurricular activities; 

  • Temporary or permanent removal from class;

  • Out of school suspension

  • Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or

  • Placement in an alternative learning environment, including therapeutic classroom, when appropriate

 

Level

PK-2

3-5

6-8

9-12

 

 

3

Requires parent or guardian notification.

Review of response of prior offenses, is 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 but are not limited to any of the following:

  • Parent or guardian conference that includes the student, when appropriate;

  • When appropriate and with parent consent, counseling, and/or mental health counseling subject to available resources of the district;

  • Behavior intervention student agreement coupled with another response;

  • Restitution or opportunities to repair relationships coupled with another response;

  • Detention;

  • Temporary or permanent removal from extracurricular activities; 

  • Temporary or permanent removal from class;

  • Out of school suspension

  • Suspension of transportation privileges, if misconduct occurred in a school vehicle; and/or

  • Placement in an alternative learning environment, including therapeutic classroom, when appropriate; and/or

  • Recommendation for expulsion.

 

 

Definitions

 

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. 

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.

Adopted: May 2024           Reviewed:                Revised:

 

503.8R(1) DISCIPLINE OF STUDENTS WHO MAKE THREATS OF VIOLENCE OR CAUSE INCIDENTS OF VIOLENCE – STUDENT THREATS OF VIOLENCE AND INCIDENTS OF VIOLENCE

503.8R(1) DISCIPLINE OF STUDENTS WHO MAKE THREATS OF VIOLENCE OR CAUSE INCIDENTS OF VIOLENCE – STUDENT THREATS OF VIOLENCE AND INCIDENTS OF VIOLENCE

 

Effective student discipline policies serve the needs of the District in maintaining the order of the education environment while safeguarding the education interests of all students.  For this reason, it is crucial to engage many perspectives in crafting sound policies related to discipline. The board, in conjunction with teachers and administrators in the District, have assigned further meaning to concepts listed in this policy.

 

Incident Levels Defined

 

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. In making this determination, the administration will consider the following definitions of incident levels. 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.

 

Level 1 Defined: A relatively minor threat of violence or a minor incident of violence involving a student. These incidents are typically characterized by low severity, minimal harm or intent, and a low likelihood of causing significant disruption or harm to others. Level 1 incidents may include verbal threats, minor altercations, or non-serious incidents that do not pose an immediate danger to others.

 

Level 2 Defined: A moderate threat of violence or a moderate incident of violence involving a student. These incidents are more serious than Level 1 and may involve intent to cause harm, although the harm caused is still limited in scope. Level 2 incidents could include physical fights with minor injuries, serious verbal threats, or behaviors that significantly disrupt the school environment and/or school day. Students who have previously been involved in a ‘Level 1’ event may escalate to a ‘Level 2’. 

 

Level 3 Defined: A severe threat of violence or a serious incident of violence involving a student. These incidents are highly concerning and pose a significant risk to the safety and well-being of others and/or create a substantial disruption in the school community and community and/or school day. Level 3 incidents may include physical assaults causing substantial harm, credible threats of serious violence, or incidents involving weapons. Students involved in a ‘Level 2’ event may escalate to a ‘Level 3’.

 

Timeframe for Determining Repeated Incidents

 

The District will consider all incidents occurring within one school year as sufficiently close in proximity between incidents to establish that a repeated incident has occurred. However, the district reserves the right to escalate incidents where students habitually violate this policy. The rationale for establishing this timeframe is alignment with the District’s Anti bullying/Anti-harassment policy. The administration will have discretion to alter this timeframe when appropriate under the circumstances, depending on 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.  The administration will consider the following factors in determining the maturity of the student:

 

  • Age and Developmental Stage: The age of the student is a crucial factor in determining maturity. Younger students, especially those in elementary school, may lack the emotional and cognitive development to fully understand the consequences of their actions. Older students, such as those in high school, are generally expected to have a higher level of maturity and are more accountable for their behavior. 

  • Social and Emotional Intelligence: Consider the student's social and emotional intelligence, including their ability to empathize with others, regulate their emotions, and resolve conflicts peacefully. Students who demonstrate good emotional intelligence may be better equipped to handle difficult situations and conflicts without resorting to violence. Assessing a student's ability to understand the feelings and perspectives of others can provide insights into their level of maturity.

  • Past Behavior and Patterns: Evaluate the student's history of behavior, including any previous incidents of violence or aggressive behavior. Consistent patterns of aggression or violent tendencies may indicate a lack of maturity in handling conflicts and stressors. On the other hand, students who have shown improvement, learned from past mistakes, and engaged positively in conflict resolution strategies may demonstrate a higher level of maturity, indicating their ability to grow and learn from their experiences.

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.

 NOTE:  Iowa law requires school boards to collaborate with teachers and administrators in adopting a policy related to threats of violence and incidents of violence. This accompanying regulation is designed to supplement the framework provided by the Department of Education in policy 503.8 and be edited and completed by boards through a collaborative process involving relevant stakeholders for the district. 

Legal Reference:          Iowa Code §279.79

Cross Reference:    502     Student Rights and Responsibilities
            503     Student Discipline

 

 

 Approved : May 2024                Reviewed                                  Revised