502 - Student Rights and Responsibilities

502 - Student Rights and Responsibilities dawn@iowaschoo… Fri, 09/11/2020 - 13:03

502.1 - Student Appearance

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

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

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

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

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

Cross Reference: 500 Objectives for Equal Educational Opportunities for Students
502 Student Rights and Responsibilities

Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision

dawn@iowaschoo… Fri, 09/11/2020 - 13:06

502.2 - Care of School Property/Vandalism

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

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

Legal Reference: Iowa Code §§ 279.8; 282.4, .5; 613.16.

Cross Reference: 502 Student Rights and Responsibilities
802.1 Maintenance Schedule

Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision

dawn@iowaschoo… Fri, 09/11/2020 - 15:42

502.3 - Student Expression and Student Publications

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

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

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

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

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

Student Publications

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

Any expression made by students, including student expression in official school publications, is not an expression of official school policy. The school district, the board, and the employees or officials are

not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student speech or expression. The liability, if any, is only to the extent of the interference or alteration of the speech or expression.

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

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

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

Legal Reference: U.S. Const. amend. I.
                                      Iowa Const. art. I (sec7)
                                      Morse v. Frederick, 551 U.S. 393 (2007)
                                      Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
  Bethel School District v. Fraser, 478 U.S. 675 (1986).
                                      New Jersey v. T.L.O., 469 U.S. 325 (1985).
                                      Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).
                                      Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
                                      Iowa Code §§ 279.8; 280.22

Cross Reference: 102 Equal Educational Opportunity
                                      502      Student Rights and Responsibilities
                                      504      Student Activities
                                      603.9   Academic Freedom
                                      903.5   Distribution of Materials

Initially Approved 02-14-2000
Last Reviewed 09-22-2021
Last Revision 09-22-2021

dawn@iowaschoo… Fri, 09/11/2020 - 15:41

502.3R1 - Student Expression and Student Publications Code

Student Expression defined: Student Expression is speech, action or other forms of expression which convey a student’s beliefs, views or opinions.

Official school publications defined: An "official school publication" is material produced by students in journalism, newspaper, yearbook, or writing classes and distributed to students either free or for a fee.

C. Limitations to Student Expression

1. No student will express, publish or distribute publication material which is:

a. obscene;

b. libelous;

c. slanderous; or

d. encourages students to:

1) commit unlawful acts;

2) violate lawful school regulations;

3) cause the material and substantial disruption of the orderly and efficient operation of the school or school activity;

4) disrupt or interfere with the education program;

5) interrupt the maintenance of a disciplined atmosphere; or

6) infringe on the rights of others.

D. Responsibilities of students for official school publications.

1. Students writing or editing official school publications will assign and edit the news, editorial and feature contents of the official school publications subject to the limitations of the student publications code and the law.

2. Students will strive to achieve professional standards of accuracy, fairness, objectivity and thoroughness in each and every aspect of official school publications.

3. Students will strive to achieve professional standards of grammar, usage, punctuation and spelling for clarity and accuracy of official school publications.

E. Responsibilities of faculty advisors for official school publications.

Faculty advisors will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech. Official school publications are produced under the supervision of a faculty advisor. Faculty advisors to students producing official school publications shall supervise the production of the student staff in order to maintain professional standards of English journalism. District employees acting within the scope of their professional ethics will not suffer adverse employment action or retaliated against for acting to protect a student for engaging in authorized student expression or for refusing to infringe on protected student expression.

F. District employee rights

Any District employee or official, acting within the scope of that person’s professional ethics, if any, shall not be dismissed, suspended, disciplined, reassigned, transferred, subject to termination or nonrenewal of a teaching contract or extracurricular contract, or otherwise retaliated against for acting to protect a student for engaging in expression protected by law, or refusing to infringe upon student expression that is protected by law.

G. Liability

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

H. Appeal procedure

1. Students who believe they have been unreasonably restricted in their exercise of expression in an official student publication will seek review of the decision through the student grievance procedure, under board policy 502.4.

2. Persons who believe they have been aggrieved by a student-produced official student publication will file their complaint through the citizen grievance procedure, under board policy 213.1.

I. Time, place and manner of restrictions on student expression.

1. Student expression may be conveyed and official student publications may be distributed in a reasonable manner on or off school premises.

2. Student expression and distribution of official school publications in a reasonable manner will not encourage students to:

a. commit unlawful acts;

b. violate school rules;

c. cause the material and substantial disruption of the orderly and efficient operation of the school district or school activity;

d. disrupt or interfere with the education program;

e. interrupt the maintenance of a disciplined atmosphere; or

f. infringe on the rights of others.

nmckinnon@clar… Fri, 09/24/2021 - 15:56

502.4 - Student Complaints and Grievances

Student complaints and grievances regarding board policy or administrative regulations and other matters should be addressed to the student's teacher or another licensed employee, other than the administration, for resolution of the complaint. It is the goal of the board to resolve student complaints at the lowest organizational level.

If the complaint cannot be resolved by a licensed employee, the student may discuss the matter with the principal within 5 days of the employee's decision. If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within 10 days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the student may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.

Legal Reference: Iowa Code § 279.8.

Cross Reference: 210.8   Board Meeting Agenda
                                      213      Public Participation in Board Meetings
                                      307      Communication Channels
                                      502      Student Rights and Responsibilities
                                      504.3   Student Publications

Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision

dawn@iowaschoo… Fri, 09/11/2020 - 15:43

502.5 - Student Lockers

Student lockers are the property of the school district. Students will use the lockers assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school. It is the responsibility of students to keep their assigned lockers clean and undamaged.

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

Legal Reference: Iowa Code §§ 279.8; 280.14; 808A .

Cross Reference: 502 Student Rights and Responsibilities

Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision

dawn@iowaschoo… Fri, 09/11/2020 - 15:45

502.6 - Weapons

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

School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes. Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district.

Parents of students found to possess weapons, dangerous objects or look-a-likes on school property are notified of the incident. Possession or confiscation of weapons, dangerous objects or look-a-likes will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.

Students bringing firearms to school or knowingly possessing firearms on school property could be expelled for not less than one year. The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis. For purposes of this portion of this policy, the term "firearm" includes, but is not limited to, any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or any explosive, incendiary or poison gas, or otherwise defined by applicable law.

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

NOTE: This is a mandatory policy.

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

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

Cross Reference: 502      Student Rights and Responsibilities
                                      503      Student Discipline
     507      Student Health and Well-Being

Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision 01-27-2021

dawn@iowaschoo… Fri, 09/11/2020 - 15:39

502.7 Student Substance Use

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

The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of alcohol, tobacco/nicotine products, other controlled substances, or "look alike" substances that appear to be tobacco/nicotine products, alcohol or controlled substances by students while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct will directly affect the good order, efficient management and welfare of the school district. “Controlled substances” in this policy refers to the misuse of both licit and illicit drugs.

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

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

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

The board believes the substance use prevention program will include:

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

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

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

Cross Reference:          502      Student Rights and Responsibilities
                                    503      Student Discipline
                                    507      Student Health and Well-Being

Initially Approved 02-14-2000
Last Reviewed 02-14-2024
Last Revision 02-14-2024

nmckinnon@clar… Thu, 02/15/2024 - 14:59

502.7R1 - Student Substance Use Regulation

Possessing, using or being under the influence of any controlled substance, look-alike, substitute, or any substance represented to be a controlled substance or an alcoholic beverage (other than medication prescribed by the individual student's licensed health care provider and which is taken in accordance with the licensed health care provider directions) and manufacturing, possessing, or selling drug paraphernalia and/or apparatus used for controlled substances are strictly prohibited while a student is on any school property or under school supervision. This includes attendance in school or at a school-sponsored function.

As used in this policy, the term “possessing” means:

that the student has actual physical control of the prohibited substance because it is on or in the student’s body, in a locker individually assigned to the student, or in an item of personal property belonging to the student (including, but not limited to, a bookbag, backpack, or purse), or
that the student knows that a prohibited substance is located within a vehicle or a place (such as a house or an apartment) where the student is present and that the student can exercise physical control over the prohibited substance. If a student has left school property during his/her normally scheduled time to be in school or while under school supervision, the student will be considered in school and will be subject to disciplinary procedures listed below.

Any student violating the provisions of this policy during enrollment in grades preschool through sixth or seventh through twelfth in Clarinda Community School District (CCSD) will be subject to the following disciplinary procedures and will be provided information and the option to take part in the CCSD substance abuse/healthy lifestyles program above and beyond the violation expectations:

First Offense:

Parents or guardians are notified by mail and phone.
The violation is referred to law enforcement authorities.
The student is placed on a five-day out-of-school suspension. Prior to returning to school, parents or guardians will be scheduled to meet with school officials.
Before readmittance, a parent/guardian conference is required at which evidence of a substance abuse program or healthy lifestyles program evaluation approved by CCSD must be furnished.
Within 30 days of the incident, the family must meet with appropriate school officials to review the rehabilitation plan developed as a result of the chemical abuse evaluation, counseling or treatment program.
Failure to comply with the steps listed may result in a recommendation for additional disciplinary consequences to the Board of Education, unless the student is protected by provisions of the Individuals with Disabilities Education Act (IDEA).

Second Offenses:

Parents or guardians are notified by mail and phone.
The violation is referred to law enforcement authorities.
The student is placed on an eight-day out-of-school suspension. Prior to returning to school, parents or guardians will be scheduled to meet with school officials.
Parents or guardians are notified by mail and phone.
The violation is referred to law enforcement authorities.
The student is placed on an eight-day out-of-school suspension. Prior to returning to school, parents or guardians will be scheduled to meet with school officials.
Before readmittance, a parent/guardian conference is required at which evidence of an evaluation and 3 scheduled meetings with a substance abuse program or healthy lifestyles program approved by CCSD must be furnished.
Within 30 days of the incident, the family must meet with appropriate school officials to review the rehabilitation plan developed as a result of the substance abuse evaluation, counseling or treatment program.
Failure to comply with the steps listed may result in a recommendation for additional disciplinary consequences to the Board of Education, unless the student is protected by provisions of the IDEA.

Third and Subsequent Offenses:

Parents or guardians are notified by mail and phone.
The violation is referred to law enforcement authorities.
The student will be recommended to the Board of Education for removal from school and placement in an alternate setting (i.e. an approved online program) for 20 school days, unless the student is protected by provisions of IDEA, in which case the Superintendency will determine if such a suspension is appropriate.
In lieu of the 20-day suspension described above, the student, parents or guardians, and the Superintendency may enter into an agreement that the student be placed on a 10-day out-of-school suspension provided that the student enrolls and successfully participates in a substance abuse program or healthy lifestyles program approved by CCSD. If the student violates the terms of the agreement, then the recommendation for 20-day suspension will be reinstated, less any suspension days already served.
After 20 day long term suspension and before readmittance, a parent/guardian conference is required at which evidence must be furnished of a scheduled substance abuse evaluation, counseling or treatment program.
After 20 day long term suspension and before readmittance, a parent/guardian conference is required at which evidence must be furnished of a scheduled substance abuse evaluation, counseling or treatment program.
Within 30 days of the incident, the family must meet with appropriate school officials to review the rehabilitation plan developed as a result of the substance evaluation, counseling or treatment program.
Failure to comply with the steps listed may result in a recommendation for additional disciplinary consequences to the Board of Education, unless the student is protected by provisions of the IDEA.

The sale or distribution, attempted sale or distribution and/or purchase or acquisition with the intent to sell or distribute by a student of any prohibited substance (“prohibited substance” defined for purposes of this policy to mean any alcoholic beverage, controlled substances, look-alike, substitute, or any substitute represented to be an alcoholic beverage or a controlled substance) is strictly prohibited while the student is on any school property or under school supervision. This includes attendance in school or at a school-sponsored function.

A student may be considered to have an intent to sell or distribute a prohibited substance if evidence or testimony is obtained by the school administration that supports the finding that a student intended to sell or distribute a prohibited substance.

Any student violating the provisions of this policy will be subject to the following disciplinary procedures:

The parents or guardians are notified by mail and phone.
The violation is referred to law enforcement authorities.
The student is placed on an out-of-school suspension and will be recommended for long term suspension or expulsion to the Board of Education, unless the student is protected by provisions of the Individuals with Disabilities Education Act (I.D.E.A.), in which case the Superintendency will determine if a long term suspension or expulsion hearing before the Board is appropriate.

If a student has left school property during his/her normally scheduled time to be in school or while under school supervision, the student will be considered in school and will be subject to the above procedures.

Students who violate the terms of this policy may be required to satisfactorily complete a substance abuse assistance or rehabilitation program acceptable by the board.

Information received from students and/or parents who voluntarily seek help from school authorities concerning the student's use of alcohol and/or controlled substances before being found to be in violation of the provisions of this policy, will be maintained in confidence to the maximum extent possible and will not serve as a basis for disciplinary actions. However, this does not provide immunity for disciplinary action should students continue to use or possess or be under the influence of alcohol and/or controlled substances provided here. The Superintendent in consultation with the Board President has the discretion to alter the disciplinary consequences specified in this policy for students in preschool through twelfth grade.

dawn@iowaschoo… Fri, 09/11/2020 - 15:34

502.8 - Search and Seizure

School district property is held in public trust by the board. School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation or law has been violated. The search is in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities. The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will not give rise to an expectation of privacy with respect to the locker, desk, or other facility.

School authorities may seize any illegal, unauthorized or contraband materials discovered in the search. Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco/nicotine, weapons, explosives, poisons and stolen property. Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials. The board believes that illegal, unauthorized or contraband materials may cause a substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.

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

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

Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline

Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision 01-27-2021

dawn@iowaschoo… Fri, 09/11/2020 - 15:19

502.8E1 - Search and Seizure Checklist

I. What factors caused you to have a reasonable and articulable suspicion that the search of this student or the student's effects or automobile would turn up evidence that the student has violated or is violating the law, school policy, rules or regulations affecting school order?

A. Eyewitness account

By whom: _________________________________________________________________
Date/Time: ________________________________________________________________
Place: ____________________________________________________________________
What was seen: ____________________________________________________________

B. Information from a reliable source

From whom: _______________________________________________________________
Time received: _____________________________________________________________
How information was received: _________________________________________________
Who received the information: _________________________________________________
Describe information: ________________________________________________________
__________________________________________________________________________

C. Suspicious behavior? Explain.

_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________

D. Time of search _______________________________________________________________

E. Location of search _____________________________________________________________

F. Student told purpose of search ___________________________________________________

G. Consent of student requested ____________________________________________________

II. Was the search you conducted reasonable in terms of scope and intrusiveness?

A. What were you looking for? ______________________________________________________

B. Where did you search? _________________________________________________________

C. Sex of the student: ____________________________________________________________

D. Age of the student: ____________________________________________________________

E. Exigency of the situation: _______________________________________________________

F. What type of search was being conducted: __________________________________________

G. Who conducted the search: _____________________________________________________
Position: ___________________________ Sex: __________________________________

H. Witness(s):

_______________________________________________________________________________

III. Explanation of search

A. Describe the time and location of the search:

_______________________________________________________________________________

B. Describe exactly what was searched:

_______________________________________________________________________________

C. What did the search yield: _______________________________________________________

D. What was seized: _____________________________________________________________

E. Were any materials turned over to law enforcement officials?

_______________________________________________________________________________

F. Were parents notified of the search including the reason for it and the scope:

_______________________________________________________________________________

dawn@iowaschoo… Fri, 09/11/2020 - 15:24

502.8R1 - Search and Seizure Regulation

I. Searches, in general.

A. Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence
that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order.

Reasonable suspicion may be formed by considering factors such as the following:

(1) eyewitness observations by employees;

(2) information received from reliable sources;

(3) suspicious behavior by the student; or,

(4) the student's past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.

B. Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search.
Reasonableness of scope or intrusiveness may be determined based on factors such as the following:

(1) the age of the student;

(2) the sex of the student;

(3) the nature of the infraction; and

(4) the emergency requiring the search without delay.

II. Types of Searches

A. Personal Searches

1. A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student
is in possession of illegal or contraband items or has violated school district policies, rules, regulations or the law affecting school order.

2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.

(a) Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in
private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.

                            (b)    A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health
  and safety of students, employees, or visitors are threatened. Such a search may only be conducted in private by a school official of the same sex as the
  student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following
  these procedures.

B. Locker and Desk Inspections

                  Although school lockers and desks are temporarily assigned to individual students, they remain the property of the school district at all times. The school district has a
  reasonable and valid interest in insuring the lockers and desks are properly maintained. For this reason, lockers and desks are subject to unannounced inspections
  and students have no legitimate expectations of privacy in the locker or desk. Periodic inspections of all or a random selection of lockers or desks may be conducted
  by school officials in the presence of the student or another individual. Any contraband discovered during such searches will be confiscated by school officials and
  may be turned over to law enforcement officials.

The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a school official has reasonable and articulable suspicion that the
contents contains illegal or contraband items or evidence of a violation of law or school policy or rule. Such searches should be conducted in the presence of another
adult witness when feasible.

C. Automobile Searches

Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of the student parking
lots. The interior of a student's automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that
illegal, unauthorized or contraband items are contained inside.

dawn@iowaschoo… Fri, 09/11/2020 - 15:36

502.8R2 - Use of Dogs to Search School Property

The superintendent of Schools may authorize, as part of an overall effort to maintain safe schools, the periodic use of narcotic and weapons detection dogs to alert staff to the presence of substances prohibited by law or Board policy.

The use of narcotic and weapons dogs is subject to the following:

The Superintendent or designee shall authorize the search and the Principal or his/her designee shall be present while the search is taking place.
Parents and students shall be notified in writing of this policy at the beginning of each school year, through its inclusion in the student and/or parent handbook and/or on the District’s/school’s website.
All school property such as lockers, classrooms, parking areas and storage areas may be searched.
a.  Dogs shall not be used in rooms occupied by persons except for demonstration purposes with the handler present.
b.  When used for demonstration purposes, the dog may not sniff the person or any individual.
c.  The dogs may sniff the air around lockers, desks, or vehicles on District property or at District-sponsored events as long as they are not allowed to sniff within close proximity of any student’s person.
d.  Individual(s) shall not be subjected to a search by dogs. To avoid the potential of allergic reactions, dogs shall be kept away from the students.
Once notification has been given to parents and students, through the inclusion of the policies in the student/parent handbook and/or on the District’s/school website, the school district will have met its obligation to provide written notice of the searches. Additional notices need not be given and actual times or dates of planned searches need not be released in advance.
Only properly trained dogs that are handled by trained personnel shall be used for searches of school property.
Only the dog’s official handler will determine what constitutes an alert by the dog. If a dog alerts on a locker and a search is subsequently conducted by school officials, the search will be conducted in the presence of the student(s) whose locker(s) is/are being searched or, in the absence of the student(s), the search shall be conducted in the presence of at least one other person. If a dog alerts on a locked vehicle, the student who brought it onto District property shall be asked to unlock it for a search conducted per procedure outlined in Board of Education Policy. An effort shall be made to protect the student’s privacy to the greatest degree possible.

Initially Approved 03-08-1999
Last Reviewed 01-27-2021
Last Revision 01-27-2021

dawn@iowaschoo… Fri, 09/11/2020 - 15:20

502.9 - Interviews of Students by Outside Agencies

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

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

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

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

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

Cross Reference: 402.2   Child Abuse Reporting
                                      502.10 Search and Seizure
                                      503      Student Discipline
                                      902.2   News Conferences and Interviews

Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision 01-27-2021

dawn@iowaschoo… Fri, 09/11/2020 - 15:18

502.10 - Use of Motor Vehicles

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

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

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

Legal Reference: Iowa Code §§ 279.8; 321.

Cross Reference: 502 Student Rights and Responsibilities

Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision 02-09-2015

dawn@iowaschoo… Fri, 09/11/2020 - 15:17

502.11 - Rescinded 9-22-2021

502.11 - Rescinded 9-22-2021 dawn@iowaschoo… Fri, 09/11/2020 - 15:14