Policy 503.1 STUDENT CONDUCT

The board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises.  Appropriate classroom behavior allows teachers to communicate more effectively with students.

 

Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.

 

Students who fail to abide by this policy, and the administrative regulations supporting it, may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the orderly and efficient operation of the school district or school activity; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere.  Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.

 

Removal from the classroom means a student is sent to the building principal's office.  It is within the discretion of the person in charge of the classroom to remove the student.  

 

Detention means the student's presence is required during non-school hours for disciplinary purposes.  The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day.  Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee or the building principal, disciplining the student.

 

 In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision.  An in-school suspension will not exceed ten consecutive school days.  

 

Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities.  An out-of-school suspension will not exceed ten consecutive school days unless due process is provided as required by federal and state law.  A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.

 

Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded.  The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty.  Failure of the student to meet these conditions and terms will result in immediate reinstatement of the penalty.

 

Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.

 

This policy is not intended to address the use of therapeutic classrooms or seclusion rooms for students. 

 

Discipline of special education students, including suspensions and expulsions, will comply with the provisions of applicable federal and state laws. 

 

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

 

NOTE:  This is a mandatory policy and outlines the school district's basic student conduct.  Details of how this policy will be implemented should be included in the student handbook.  

 

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)   Adopted: 12/20/23                      Reviewed:                                Revised:

Only the board may remove a student from the school environment.  The removal of 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 shall be 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 shall be 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 shall keep records of expulsions in addition to the board's records.

When a student is recommended for expulsion by the board, the student shall be provided with:

    1.    Notice of the reasons for the proposed expulsion;

    2.    The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;

    3.    An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;

    4.    The right to be represented by counsel; and,

    5.    The results and finding of the board in writing open to the student's inspection.

In addition to these procedures, a special education student must be provided with additional procedures.  A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement.  Discussions and conclusions of this meeting should be recorded.

If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures.  If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.

NOTE: This is a mandatory policy and is a reflection of Iowa law regarding student expulsion. It is consistent with the due process requirements of the 14th amendment to the U.S. Constitution. The last two paragraphs reflect federal special education law.
 

Legal Reference:    Goss v. Lopez, 419 U.S. 565 (1975).

    Wood v. Strickland, 420 U.S. 308 (1975).

    Southeast Warren Comm. School District v. Dept. of Public Instruction, 285 N.W.2d 173 (Iowa 1979).

    Iowa Code §§ 21.5; 282.3, .4, .5 (1999).

    281 I.A.C. 12.3(8).

Cross Reference:    502    Student Rights and Responsibilities

    503    Student Discipline

Approved    6/25/79            Reviewed     6/16/2021            Revised     4/17/24       

The board believes students should respect school district property and assist in its preservation for future use by others. Students may be assessed fines, charges, or fees for the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.

The superintendent will inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually. Parents of students meeting specific financial eligibility standards will be eligible for a waiver of student fees or a reduction of student fees based upon the request of the parent. It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

   

NOTE: This is a mandatory 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

    

Approved    8/19/96            Reviewed     6/16/2021            Revised     7/18/12       

Participation in school activities is a privilege.  School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.

 

Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school.  Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities that 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 shall keep records of violations of the good conduct rule.

 

It shall be 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.

 

Transfer Students:

Any student declared ineligible under a prior school district’s Good Conduct Rule, and then without having completed the full period of ineligibility at that school transfers to Emmetsburg High School, will not be eligible for interscholastic competition at Emmetsburg High School until the full period of ineligibility has been completed.  Once that time period of ineligibility has been completed, the student is then immediately eligible for interscholastic competition at Emmetsburg High School as far as any Good Conduct Rule is concerned.

 

NOTE:  This is a mandatory policy.  The detail outlining specific conduct expected and penalties for violation should be in the student handbook, and students involved in extracurricular activities must be notified of its contents.

 

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 (2013).

    281 I.A.C. 12.3(8); 36.15(1).

Cross Reference:    502    Student Rights and Responsibilities

    503    Student Discipline

    504    Student Activities

Approved    6/25/76            Reviewed     8/18/21            Revised     1/18/17       

Policy 503.5 CORPORAL PUNISHMENT, MECHANICAL RESTRAINT AND PRONE RESTRAINT

The use of corporal punishment, mechanical restraint and/or prone restraint is prohibited in all schools.  Corporal punishment is defined as the intentional physical punishment of a student.  It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain.  No employee is prohibited from any of the following which are not considered corporal punishment:

• Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:

-- To quell a disturbance or prevent an act that threatens physical harm to any person.

-- To obtain possession of a weapon or other dangerous object(s) within a student's control.

-- For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.

-- For the protection of property as provided for in IOWA CODE section 704.4 or 704.5.

-- To remove a disruptive student from class or any area of school premises or from school-sponsored activities off school premises.

-- To protect a student from the self-infliction of harm.

-- To protect the safety of others.

• Using incidental, minor, or reasonable physical contact to maintain order and control.

Mechanical restraint means the use of a device as a means of restricting a student’s freedom of movement.  Mechanical restraint does not mean a device used by a trained individual for specific approved therapeutic or safety purposes for which the device was designed and, if applicable, prescribed, including restraints for medical immobilization, adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without use of such devices or mechanical supports; and vehicle safety restraints when used as intended during the transport of a student in a moving vehicle. 

Prone restraint means any restraint in which the student is held face down on the floor. 

Reasonable force should be commensurate with the circumstances of the situation.  The following factors should be considered in using reasonable physical force for the reasons stated in this policy:

1. The size and physical, mental, and psychological condition of the student;
2. The nature of the student's behavior or misconduct provoking the use of physical force;
3. The instrumentality used in applying the physical force;
4. The extent and nature of resulting injury to the student, if any, including mental and psychological injury;
5. The motivation of the school employee using physical force.

Upon request, the student's parents are given an explanation of the reasons for physical force.

It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal Reference:

Ingraham v. Wright, 430 U.S. 651 (1977).

Goss v. Lopez, 419 U.S. 565 (1975).

Tinkham v. Kole, 252 Iowa 1303, 110 N.W.2d 258 (1961).

Iowa Code §§ 279.8; 280.21.

281 I.A.C. 12.3(6); 103.

Cross Reference:

402.3 Abuse of Students by School District Employees

502 Student Rights and Responsibilities

503 Student Discipline

503.6 Physical Restraint and Seclusion of Students

         

Approved                    Reviewed 4/21/2021  Revised 3/17/2021

Policy 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, Mechanical Restraint and Prone Restraint

  

Approved                    Reviewed 4/21/21   Revised                   

  

It is the goal of the district to provide a safe and supportive educational environment in which all students may learn. As part of creating that safe educational environment, no employee of the district will provide false or misleading information to the parent/guardian of a student regarding that student’s gender identity or intention to transition to a gender that is different from their birth certificate or certificate issued upon adoption. 

If a student makes a request to a licensed employee to accommodate a gender identity, name, or pronoun that is different from 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.

Original Adopted Date: 8/23/23                   Reviewed Date:                     Revised Date:

     

This is the model policy published by the Iowa Department of Education, which all districts are required to adopt as a result of HF 604 passed in 2023. 

 

Adopted: 11/21/23                    Reviewed:                               Revised: 

Events in which students participate during school hours or as representatives of the school but at places outside of the school must be sponsored and supervised by professional school personnel.  Rules of behavior shall be the same as at any n-school activity or event.

The Board of Directors in the Emmetsburg Community School District has no control or responsibility for any school child when the child is in the custody and control of his/her parents or other agencies.

 

Approved 6/25/79       Reviewed     5-19-2021       Revised   7/18/12