503 - Student Discipline
503 - Student Discipline dawn@iowaschoo… Fri, 09/11/2020 - 13:13503.1 - Student Conduct
503.1 - Student ConductThe board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises. Appropriate classroom behavior allows teachers to communicate more effectively with students.
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
503.6 Physical Restraint and Seclusion of Students
603.3 Special Education
903.5 Distribution of Materials
Initially Approved 02-14-2000
Last Reviewed 01-10-2024
Last Revision 01-10-2024
503.1R1 - Student Suspension
503.1R1 - Student SuspensionAdministrative Action
A. Probation
- 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.
- 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
- 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.
- 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
- Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.
- 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.
- 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
- 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.
- 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.
503.2 - Expulsion
503.2 - ExpulsionOnly 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:
- Notice of the reasons for the proposed expulsion;
- 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;
- An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;
- The right to be represented by counsel; and
- 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).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
Initially Approved 02-14-2000
Last Reviewed 01-10-2023
Last Revision 01-10-2023
503.3 - Fines-Fees-Charges
503.3 - Fines-Fees-ChargesThe board believes students should respect school district property and assist in its preservation for future use by others. Students may be assessed fines, charges, or fees for the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.
The superintendent will inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually. Parents of students meeting specific financial eligibility standards will be eligible for a waiver of student fees or a reduction of student fees based upon the request of the parent. It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 256.7(20); 279.8; 280.10, .11; 282.6; 285.1; 301.1.
281 I.A.C. 18.2.
Cross Reference: 501.16 Homeless Children & Youth
502 Student Rights and Responsibilities
503 Student Discipline
Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision
503.3E1 - Standard Fee Waiver Application
503.3E1 - Standard Fee Waiver ApplicationDate _______________________ School year _______________________
All information provided in connection with this application will be kept confidential.
Name of student: ____________________________________________________ Grade in school __________________
Name of student: ____________________________________________________ Grade in school __________________
Name of student: ____________________________________________________ Grade in school __________________
Attendance Center/School: ________________________________________________________________________________
Name of parent, guardian: _________________________________________________________________________________
or legal or actual custodian
Please check type of waiver desired:
Full waiver __________ Partial waiver __________ Temporary waiver __________
Please check if the student or the student's family meets the financial eligibility criteria or is involved in one of the following programs:
Full waiver
__________ Free meals offered under the Children Nutrition Program (CNP)
__________ The Family Investment Program (FIP)
__________ Transportation assistance under open enrollment
__________ Foster Care
Partial waiver
__________ Reduced priced meals offered under the Children Nutrition Program
Temporary waiver
If none of the above apply, but you wish to apply for a temporary waiver of school fees because of serious financial problems, please state the reason for the request:
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
_______________________________________________________________________________________________________
Signature of parent, guardian: _______________________________________________________________________________
or legal or actual custodian
503.4 - Good Conduct Rule
503.4 - Good Conduct RuleParticipation in school activities is a privilege. School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.
Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school. Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities which are illegal, immoral or unhealthy.
Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. The principal will keep records of violations of the good conduct rule.
It is the responsibility of the superintendent to develop rules and regulations for school activities. Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.
Legal Reference: Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).
Iowa Code §§ 280.13, .13A.
281 I.A.C. 12.3(6); 36.15(1).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
504 Student Activities
Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision
503.4E1 - Good Conduct Policy (revised 2000-01)
503.4E1 - Good Conduct Policy (revised 2000-01)GOOD CONDUCT POLICY
In striving to help the student to become a good citizen and recognizing that obeying state and local laws is part of being a good citizen, it is hoped that the Good Conduct Rule and its application will give the student more incentive to resist behavior that violates these rules.
It is also believed that certain standards of behavior are accepted by the student and community as a whole, and that students can be expected to function within these behavior standards both in school activities and as ambassadors of the Clarinda School System with the community.
Education is a right of the student and it is not intended to interrupt this educational process, but extra/co-curricular activities are a privilege for the student and violation of the Good Conduct Rule would result in these privileges being withheld from the student.
Statements of Purpose:
- To promote the growth of responsible citizenship amount the student body
- Emphasize school concerns for the health and welfare of the students, both physically and emotionally. To assist them in becoming helpful, productive citizens of the community
- To provide an understandable policy and one that can be applied as fairly as possible
- To confirm and support existing state laws
- To establish standards of conduct for all students
- To assist students who desire to resist peer pressure which directs them towards the use of mood-altering chemicals
- To assist the students who should be referred for assistance or evaluation regarding their use of mood-altering chemicals
GOOD CONDUCT RULES:
To retain the status of "student in good standing" (maintain all privileged participation), students must conduct themselves as good citizens both in and out of school at all times.
Any student who, after a hearing at which the student shall be confronted with the allegations, the basis of the allegation, and given an opportunity to tell the student's side, is found to have violated the school's Good Conduct Rule will be deemed ineligible for a period of time. A student may lose eligibility under the Good Conduct Rule for any of the following behaviors:
- possession, use, or purchase of tobacco products, regardless of the student's age;
- possession, use, consumption, or purchase of alcoholic beverages, including beer and wine;
- knowingly being in a car or in attendance at a function or party where alcohol or other drugs are being consumed illegally by minors, without immediately leaving upon discovery of the presence of the substances;
- possession, use, or purchase of illegal drugs or the unauthorized possession, use, or purchase of otherwise lawful drugs
- engaging in any act that would be grounds for arrest or citation in the criminal or juvenile court system, excluding minor traffic offenses, regardless of whether the student was cited, arrested, convicted, or adjudicated for the act
The following activities are covered by the board's policy and these rules:
Athletics, instrumental and vocal music performances, drama productions, speech contests, FFA, FCCLA, NHS, all co-curricular clubs (e.g. Spanish Club), all honorary and elected offices (e.g. Homecoming Court, class officer, student council, cheerleading, flags, winter guard, TAG contests), or any other privileged activity (e.g. open campus, dances to include Prom, Senior Trip) or activity where the student represents the school district outside the classroom.
PENALTIES
When the administration believes it is more likely than not that the student violated the Good Conduct Rule, during the school year or summer, the student is subject to a loss of eligibility as follows:
- First Offense within the student's high school career - up to six (6) weeks of ineligibility
- Second Offense within the student's high school career - up to ten (10) weeks of ineligibility
- Third Offense (and subsequent offense) within the student's high school career - up to twelve (12) calendar months of ineligibility
An ineligible student is expected to attend all practices, rehearsals, or organizational meetings to the conclusion of an activity, but may "suit up", perform/participate, nor exercise the duties or privileges of any school organizational office.
REDUCTION IN PENALTY
- First Offense - A two (2) week reduction period of ineligibility will take place if a student "self reports" a violation to the principal/activity director after having had opportunity to do so. To "self report" a student must notify a school administrator of the Good Conduct violation the first day of school following the incident and/or before the administrator is made aware of the incident from another reliable source.
- Second Offense - A two (2) week reduction period of ineligibility will take place if a student self reports a violation to the principal/activity director after having had opportunity to do so, and participates in an eight (8) hour educational/evaluation program as prescribed by the school district.
- Third Offense - No reduction options.
DUE PROCESS PROCEDURES
Suspension Procedure:
- In the event of an alleged infraction or which ineligibility may be enforced, an administrator of the school in which the student is enrolled shall investigate the alleged infraction.
- If the investigation discloses the probability of an infraction, a hearing with the student shall be held by a school administrator. During this hearing, the student shall be confronted with the allegation, the basis of the allegation, and given an opportunity to tell the student's side.
- The administration will make a decision on the case and inform the student of such. A written statement of findings from the hearing shall be compiled and the student and parents provided a copy . This will include: determination of a Good Conduct violation; if founded, the length of suspension; and a statement advising the student of the procedure for appeal.
APPEAL PROCEDURE
Any appeal procedure following the initial decision by the administrator shall not delay the suspension as determined by the administrator, and in such instance the suspension shall remain in effect until such time as the decision of the administrator has been reversed by one of the appeal bodies.
Any student who is found by the administration to have violated the Good Conduct Rule may submit a written request to appeal this determination to the Appeal Committee or proceed directly to the superintendent within three (3) school days from the Hearing Officers finding. At the written request of any aggrieved student, an Appeal Committee will be convened within three (3) school days for the purpose of reviewing the suspension and, by majority vote, report their determination to the Hearing Officer. The Appeal Committee has the authority to sustain or remove the suspension. The Appeal Committee will consist of five persons as follows:
- A coach/activity sponsor not impacted by the outcome of the appeal.
- Any member of the faculty not impacted by the outcome of the appeal.
- A faculty member designated by the student, who would not be impacted by the outcome of the appeal.
- Two students selected (from the listing of "Open Campus" students) by the Appeal Committee facilitator not impacted by the outcome.
Note: The "Appeal Committee facilitator" will be a member of the high school faculty or administrator (other than the Hearing Officer).
Upon receiving the determination from the Appeal Committee, the Hearing Officer shall notify the student of any changes in the suspension within two (2) school days.
An aggrieved student has three (3) school days to appeal the initial decision of the Hearing Officer and/or the Appeal Committee determination by submitting a written request to the Superintendent. The student and parent/guardian will be given prompt notice of the time nd place of such hearing. The superintendent shall make his/her final decision within five (5) school days from the date of the hearing.
The action of the Superintendent may be appealed within three (3) school days to the Board of Education, who shall have the same authority as the Superintendent. The Board of Education shall make their decision within ten (10) days from the time the written request to appeal is submitted.
503.5 - Corporal Punishment
503.5 - Corporal PunishmentThe 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 within a student's control.
- For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.
- For the protection of property as provided for in IOWA CODE section 704.4 or 704.5.
- To remove a disruptive student from class or any area of school premises or from school-sponsored activities off school premises.
- To protect a student from the self-infliction of harm.
- To protect the safety of others.
- Using incidental, minor, or reasonable physical contact to maintain order and control.
Mechanical restraint means the use of a device as a means of restricting a student’s freedom of movement. Mechanical restraint does not mean a device used by a trained individual for specific approved therapeutic or safety purposes for which the device was designed and, if applicable, prescribed, including restraints for medical immobilization, adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without use of such devices or mechanical supports; and vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.
Prone restraint means any restraint in which the student is held face down on the floor.
Reasonable force should be commensurate with the circumstances of the situation. The following factors should be considered in using reasonable physical force for the reasons stated in this policy:
1. The size and physical, mental, and psychological condition of the student;
2. The nature of the student's behavior or misconduct provoking the use of physical force;
3. The instrumentality used in applying the physical force;
4. The extent and nature of resulting injury to the student, if any;
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.
NOTE: A corporal punishment policy is no longer mandated. A policy addressing physical restraint of a student, however, is still mandated. This policy outlines when it may be appropriate for an employee to physically restrain a student. The policy does not need to be amended to reflect the new DE rules on physical restraint unless the board wants to go beyond the rules minimum requirements.
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
502 Student Rights and Responsibilities
503 Student Discipline
503.6 Physical Restraint and Seclusion
Initially Approved 02-14-2000
Last Reviewed 01-27-2021
Last Revision 01-27-2021
503.6 Physical Restraint and Seclusion of Students
503.6 Physical Restraint and Seclusion of Students
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.
NOTE: This policy is not mandatory. However, there are specific requirements for school districts to fulfill before and after using physical restraint and seclusion with
students. Administrators should thoroughly read and understand the requirements listed in Chapter 103 of the Iowa Administrative Code.
Legal Reference: Iowa Code §§ 279.8; 280.21.
281 I.A.C. 103.
Cross Reference: 402.3 Abuse of Students by School District Employees
502 Student Rights and Responsibilities
503 Student Discipline
503.5 Corporal Punishment
Initially Approved 02-10-2021
Last Reviewed 02-10-2021
Last Revision ________________
503.6E1 Physical Restraint and/or Seclusion Documentation Form
503.6E1 Physical Restraint and/or Seclusion Documentation Form
Student name: |
Date of occurrence: |
Start time of occurrence: |
End time of occurrence: |
Start time of use of physical restraint or seclusion: |
End time of use of physical restraint or seclusion: |
Employee names and titles who observed, were involved with or implemented physical restraint and/or seclusion during occurrence (including administrators who approved extended time if applicable): |
Employee’s date of last training on use of physical restraint and seclusion: |
Describe student actions before, during and after occurrence: |
|
Describe employee actions before, during and after occurrence, including the reason for any of the following, if applicable: use of non-approved restraint, use of non-designated seclusion rooms, any restraint or seclusion that lasted longer than necessary: |
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Describe any less restrictive means attempted as an alternative to physical restraint and seclusion or why those means would not be effective or feasible, or have failed: |
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Approval from administrator to continue physical restraint or seclusion past 15 minutes: |
Approval obtained from administrator to continue physical restraint or seclusion more than 30 minutes past last approval time: |
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Administrator approving: |
Administrator approving: |
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Time approved: |
Time approved: |
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Reasons for length of incident: |
Reasons for length of incident: |
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If Administrator approval was not obtained at 15 minutes or every 30 minutes thereafter, or a student was not provided with breaks for bodily needs in incidents lasting longer than 15 minutes, explain why: |
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Parent/Guardian notification: Parents/Guardians will be notified as soon as practicable once the occurrence is under control, but no more than one hour after, or the end of the school day, whichever occurs first. Space below for documenting multiple attempts to notify guardians is listed in case the guardian cannot be reached in the first attempt. |
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Employee attempting notification: |
Parent/Guardian contacted: |
Time and manner of attempted notification: |
Was notification successful? |
Employee attempting notification: |
Parent/Guardian contacted: |
Time and manner of attempted notification: |
Was notification successful? |
Employee attempting notification: |
Parent/Guardian contacted: |
Time and manner of attempted notification: |
Was notification successful? |
If Parent/Guardian notification requirements were not complied with, explain why: |
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Describe injuries sustained or property damaged by students or employees: |
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Describe future approaches to address student behavior including any consequences or disciplinary actions that may be imposed on the student: |
This form has been reviewed and completed by the undersigned employee. A written copy of this form has been sent to the student’s parent or guardian within three school days of the occurrence. Unless the parent or guardian agrees to receive the report by email, fax, or hand delivery, the report must be sent by mail and postmarked by the third day following the occurrence. Enclosed with a copy of this form is an invitation for the parents or guardians to participate in the debriefing meeting scheduled in accordance with the law.
____________________________________ ______________________________
Employee Date of form delivered to Parent/Guardian
_______________________________
Method of Transmittal
503.6E2 Debriefing Letter to Guardian of Student Involved in an Occurrence Where Physical Restraint and/or Seclusion was Used
503.6E2 Debriefing Letter to Guardian of Student Involved in an Occurrence Where Physical Restraint and/or Seclusion was Used[This letter and the enclosed report may be transmitted electronically via email or fax, picked up in person, or mailed. If the district and the guardian do not agree on how to transmit this letter, it must be mailed via postage prepaid, first class mail to the guardian within 3 school days of the occurrence.]
Dear [Guardian],
Recently, your student [name] was involved in an occurrence at school that required the physical restraint and/or seclusion of your student as defined by 281 Iowa Administrative Code Ch. 103. A report related to this occurrence is enclosed with this letter.
The law requires debriefing meetings be held for such occurrences in the following circumstances:
- following the first instance of seclusion or physical restraint during a school year;
- When any personal injury occurs as a part of the use of seclusion or physical restraint;
- When a reasonable educator would determine a debriefing session is necessary;
- When suggested by a student’s IEP team;
- When agreed to by the guardian and school officials; and
- After seven instances of seclusion or physical restraint of the student.
This letter is intended to inform you that a debriefing meeting will be held on [date within 5 days of transmission of letter, time, place] because of [reason from bulleted list above]. The following employees will be in attendance at this meeting: [list names and titles of employees]. We are inviting you to attend this debriefing meeting to engage with us on topics related to this occurrence.
If you would like to reschedule the debriefing meeting, please contact me as soon as possible via email [email address] or telephone [telephone number], and at least one school day prior to the date and time listed for this debriefing meeting. Your student is allowed to attend this meeting with your consent, and you are welcome to bring a representative of your choosing if you wish. If you plan to bring a representative to this meeting, please let us know at least one school day prior to the meeting so that we have an opportunity to make arrangements.
We look forward to working with you to foster the continued health, safety and educational growth of your student.
___________________________________ ___________________________
[Administrator name], title Date
503.6E3 Debriefing Meeting Document
503.6E3 Debriefing Meeting Document[The following individuals must attend the debriefing meeting: employees who administered physical restraint or seclusion; an administrator or employee not involved in the occurrence; the administrator or employee who approved continuation of the physical restraint or seclusion; other relevant personnel designated by the school; if indicated by student’s behavior in occurrence, an expert in behavioral/mental health or other discipline. The following individuals must be invited to attend the debriefing meeting: the parent or guardian of the student, the student with guardian’s consent.]
Student name: |
Date of occurrence: |
Date of debriefing meeting: |
Time of debriefing meeting: |
Location of debriefing meeting: |
|
Names of individuals attending the debriefing meeting (must include the employees involved and at least one employee who was not involved): |
Job title of employee and/or relation to student: |
Documentation reviewed during meeting (must include at least the occurrence report; and BIP, IHP, IEP and/or safety plan if applicable): |
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Identification of patterns of behavior and proportionate response, if any, in the student and employees involved: |
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Possible alternative responses, if any, to the incident/less restrictive means, if any: |
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Additional resources, if any, that could facilitate those alternative responses in the future: |
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Plans for additional follow up actions, if any: |
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This form has been reviewed and completed by the undersigned employee. A written copy of this form has been sent to the student’s guardian within three school days of the debriefing meeting.
____________________________________ ______________________________
Employee Date of delivered to Parent/Guardian
______________________________
Method of Transmittal
503.6R1 - Use of Physical Restraint and Seclusion With Students
503.6R1 - Use of Physical Restraint and Seclusion With StudentsThe District will comply with 281 Iowa Administrative Code Ch. 103 for the use of physical restraint and seclusion with students, including, but not limited to:
- Physical restraint and seclusion will be used only by employees who have been trained in accordance with applicable law unless a trained employee is not immediately available due to the unforeseeable nature of the occurrence.
- As soon as practical after the situation is under control, but within one hour after either the occurrence or the end of the school day, whichever occurs first, the school will attempt to contact
the student’s parent or guardian using the school’s emergency contact system. - The seclusion or physical restraint is used only for as long as necessary based on research and evidence to allow the student to regain control of their behavior to the point that the threat
or behavior necessitating the use of the seclusion or physical restraint has ended, or when a medical condition occurs that puts the student at risk of harm. Unless otherwise provided for in
the student’s written approved IEP, BIP, IHP or safety plan, if the seclusion or physical restraint continues for more than 15 minutes:- The student will be provided with any necessary breaks to attend to personal and bodily needs, unless doing so would endanger the child or others.
- An employee will obtain approval from an administrator or administrator’s designee to continue seclusion or physical restraint beyond 15 minutes. After the initial approval, an
employee must obtain additional approval every 30 minute 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 behavior intervention.
- The area of seclusion will be a designated seclusion room that complies with the seclusion room requirements in accordance with laws, 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 behavior 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 guardians 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 the physical restraint or seclusion.
503.7 - Student Disclosure of Identity
503.7 - Student Disclosure of IdentityIt is the goal of the district to provide a safe and supportive educational environment in which all students may learn. As part of creating that safe educational environment, no employee of the district will provide false or misleading information to the parent/guardian of a student regarding that student’s gender identity or intention to transition to a gender that is different from their birth certificate or certificate issued upon adoption.
If a student makes a request to a licensed employee to accommodate a gender identity, name, or pronoun that is different than what was assigned to the student in the student’s registration forms or records, the licensed employee is required by Iowa law to report the request to an administrator. The school administrator receiving the report is required by Iowa law to report the request to the student’s parent/guardian. This requirement also applies to all nicknames.
To maintain compliance with Iowa law and also provide efficiency in the reporting requirements listed above, the Superintendent will provide the opportunity for parents and guardians to list in the student’s registration paperwork any and all nicknames used for students.
Initially Approved 08-23-2023
Last Reviewed 08-23-2023
Last Revision
503.7E1 - Report of Student Disclosure of Identity
503.7E1 - Report of Student Disclosure of IdentityDear (Parent/Guardian) _________________,
This letter is to inform you that your student (student’s name listed on registration) ________________ has made a request of a licensed employee to (check all that apply):
______ make an accommodation that is intended to affirm the student’s gender identity as follows:
___________________________________________________________________________________
___________________________________________________________________________________
______ use a name, pronoun or gender identity that is different from the name, pronoun and/or gender identity listed on the student’s school registration forms. The name, pronoun, or gender identity requested is
_________________________________________________________________________.
If you would like to amend the student’s registration paperwork to permit the student’s requested accommodation and/or include the use of the above-referenced name/pronoun/gender identity, please complete the attached form and return it to the district administration office.
Sincerely,
____________________________________________ __________________
Administrator Date
503.7E2 - Report of Student Disclosure of Identity
503.7E2 - Report of Student Disclosure of Identity
__________________________________________________ __________________
(Student’s current name on registration) (Student ID)
Please update my student’s names, pronouns, and/or gender identities on my student’s registration paperwork to include all of the following:
__________________________________________________________________________________
(Names)
__________________________________________________________________________________
(Pronouns)
__________________________________________________________________________________
(Gender identities)
__________________________________ __________________
Parent/Guardian Date
503.8 - Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence - Student Threats of Violence and Incidents of Violence
503.8 - Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence - Student Threats of Violence and Incidents of ViolenceDiscipline is designed to promote behavior that will enable students to learn and successfully participate in their educational and social environments. The school 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 district owned and/or operated school district or chartered vehicles; while attending or engaged in school district activities; and while away from school district 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).
Initially Approved 01-10-2024
Last Reviewed 01-10-2024
Last Revision
503.8R1 - Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence - Student Threats of Violence and Incidents of Violence Regulation
503.8R1 - Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence - Student Threats of Violence and Incidents of Violence RegulationIn 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 school 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).
Levels of Behavior
The following levels are used to determine the school district’s response to situations where the school district has determined that a student has made a threat of violence or caused an incident of violence. The school district’s response will be based upon the administration’s investigation into reports of a threat of violence or an incident of violence, the administration’s application of this policy to the particular facts of each situation, and the administration’s determination of the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence.
Escalating Responses by Grade Band
Grades PK-2
Level |
Escalating Response |
Level 1
|
|
Level 2
|
|
Level 3
|
|
Grades 3-5
Level |
Escalating Response |
Level 1 |
|
Level 2 |
|
Level 3 |
|
Grades 6-8
Level |
Escalating Response |
Level 1 |
|
Level 2 |
|
Level 3 |
|
Grades 9-12
Level |
Escalating Response |
Level 1 |
|
Level 2 |
|
Level 3 |
|
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.
In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension will not exceed ten consecutive school days.
Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten consecutive school days unless due process is provided as required by federal and state law. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.
Placement in an alternate learning environment means placement of a student in an environment established apart from the regular educational program that includes rules, staff, and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district.
Removal from the classroom means a student is sent to the building principal's office. It is within the discretion of the person in charge of the classroom to remove the student.
503.9 - Student Use of Personal Electronic Devices
503.9 - Student Use of Personal Electronic DevicesIn order to promote the best educational experience, students should feel connected to their educational environment and to others in the school community. Building meaningful connections can occur in a variety of ways. Technology has advanced peoples’ ability to connect with one another across a variety of virtual platforms, and when used appropriately, adds value to the learning environment. However, it is vital to the developmental health and growth of students that the district provides opportunities for students to connect with peers and other members of their school community in-person whenever possible. In -person learning and interactions teach vital life and social skills that students will need for their continued success in the community.
For this reason, student use of personal electronic devices during instructional time is prohibited. Students have access to district-owed electronic devices as appropriate for the instructional needs of the learning environment and authorized by the classroom teacher. Personal electronic devices mean any device that is capable of electronically communicating, sending, receiving, storing, recording, reproducing and/or displaying information and data. Students may wear smart or electronic watches but may not use any communication applications or features that are prohibited from use on other electronic devices and all notifications must be turned off. Personal electronic devices that have been specifically authorized under a current individual education plan (IEP), a Section 504 plan, or an Individual Health Plan (IHP) are exempt from this policy. For purposes of this, instructional time is defined as the time from the beginning of class bell through the end of class bell, and includes all lunch and recess periods.
Students who choose to use personal electronic devices outside instructional time but while on school property, at school-sponsored events, or in a manner that may impact the educational environment must use these devices in accordance with all applicable laws and board policies. Students who violate this policy may face disciplinary consequences. The Superintendent, in conjunction with building level administration, will develop administrative regulations in accordance with this policy.
Legal Reference: Iowa Code § 279.8
Cross Reference: 401.12 Employee Use of Cell Phones
Initially Approved: 10-09-2024
Last Reviewed: 10-09-2024
Last Revision:
503.9R1 - Student Use of Personal Electronic Devices Regulation
503.9R1 - Student Use of Personal Electronic Devices RegulationThe district is committed to providing an inclusive educational environment for students and families. It is valuable for students’ educational experience for families to engage in and support their students’ educational experience. As part of this commitment, the district will take steps to create opportunities for students to engage in peer-to-peer activities, and ensure that student use of personal electronic devices does not occur during instructional time.
Every district staff member is empowered to assist in the enforcement of this policy and regulation as appropriate. To avoid distraction during instruction time, personal electronic devices must be silenced or turned off, not visible, and not physically attached to the student’s body. Students may store their personal electronic devices in their backpacks, unless otherwise instructed. Staff members may establish classroom rules or protocols for placement of personal electronic devices during instructional times consistent with this regulation. If a student is observed using a personal electronic device during instructional time, the employee who observed the student behavior will notify building administration, who will require the student to turn in the device for safekeeping until the end of the school day. The device will be secured in the building’s front office. The district, however, is not responsible for the loss, theft, or destruction of personal electronic devices brought onto school, or district property, or while the student I attending district or school-sponsored events.
For a student’s first violation of this policy, the student may pick up the device at the end of the school day and the student’s parent/guardian will be notified. For subsequent violations of this policy, the device will be released to the student’s parent/guardian to create a plan to avoid further violations. If a student in violation of this policy refuses to turn over their device, they may be sent home for the remainder of the school day. Repeated violations of this policy may result in additional disciplinary consequences for students in accordance with board policy.