Children who are residents of the school district community will attend the school district without paying tuition.

The residence of a student means the place, abode, or dwelling of the student.  Generally, the legal dwelling of minors is the same as their parents.  However, a student may establish a dwelling with someone other than the parents and attend public school in the school district without paying tuition if the primary purpose for residing in the school district is not for the purpose of obtaining a free public education.  Further, students who have reached the age of majority and who are still eligible to attend an Iowa secondary school may declare their residence independent of the residence of the parents.

Each case involving the bona fide residence of a student will be decided upon its individual merits by the superintendent.

Legal Reference:           Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).

Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).

Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).

33 D.P.I. Dec. Rule 80 (1984).

Iowa Code §§ 257.6; 282.2, .6, .7; 285.4

Cross Reference:           100                                    Legal Status of the School District

Adopted:          07/21/2003

Reviewed:        03/11/2024

Revised:           03/11/2024

NONRESIDENT STUDENTS

Code No.  501.2

Students who are eligible to attend an Iowa public school but who are not legal residents of the school district may be admitted into the school district at the discretion of the superintendent upon application and payment of tuition.  The tuition rate is  the current per-pupil cost of the school district as computed by the board secretary and as authorized by the Iowa Department of Education.

Resident students whose families move from the school district after the start of a semester and who wish to complete the semester in their former resident school district will be permitted to attend.  Students who plan to open enroll to their former resident district for the next school year may do so without approval of the board. 

Students in grades eleven or twelve who are no longer residents of the school district, but were residents in the preceding school year, may continue to attend school until they graduate without the payment of tuition.  These students must have an adult, who resides in the school district, identified for purposes of administration.

Nonresident students who are eligible to attend an Iowa public school and who have evidence they will become legal residents of the school district prior to the third Friday in September may be allowed to attend without the payment of tuition.

Legal Reference:           Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School,

334 N.W.2d 704 (Iowa 1983).

Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).

Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).

Iowa Code §§ 257.6; 282.1, .2, .6, .7, .24.

Adopted:          07/21/2003

Reviewed:        03/11/2024

Revised:           03/11/2024

Code No.  501.3

COMPULSORY ATTENDANCE

Parents within the school district who have children over age six and under age sixteen by September 15, in proper physical and mental condition to attend school, will have the children attend the school district at the attendance center designated by the board.  Students will attend school the number of days or hours school is in session in accordance with the school calendar.  Students of compulsory attendance age will attend school a minimum of 180 days or 1080 hours.  Students not attending the minimum days or hours must be exempted by this policy as listed below or, for students in grades 7-12, referred to the county attorney or, for students in grades K-6, referred to the Attendance Cooperation process.  Exceptions to this policy include children who:

∙               have completed the requirements for graduation in an accredited school or have obtained a high school equivalency diploma;

• are excused for sufficient reason by any court of record or judge;
• are attending religious services or receiving religious instruction;
• are unable to attend school due to legitimate medical reasons;
• has an individualized education program that affects the child’s attendance;
• has a plan under Section 504 of the federal Rehabilitation Act, 29 U.S.C. §794, that affects the child’s attendance;
• are attending an approved or probationally approved private college preparatory school;
• are attending an accredited nonpublic school;
• are receiving independent private instruction; or,
• are receiving competent private instruction.

It is the responsibility of the parent of a child to provide evidence of the child's mental and physical inability to attend school or of the child's qualifications for one of the exceptions listed above.

Legal Reference:           Iowa Code §§ 259A; 279; 299; 299A

Cross Reference:           601.1                                    School Calendar

604.1                            Private Instruction

Adopted:           07/21/2003

Revised:           08/12/2024

Reviewed:        08/12/2024

 Children in the school district community will be allowed to enroll in the school district’s regular education program beginning at age four.  The child must be age four on or prior to September 15 to participate in the school district’s pre-school program. The child must be age five on or prior to September 15 to participate in the school district’s kindergarten program.  The child must be age six prior to September 15 to begin the first grade of the education program.

Before the student may enroll in the district’s education program, the board shall require evidence of age and residency in the form of a birth certificate or other evidence of age. It is within the discretion of the superintendent to determine what is satisfactory evidence for proof of age.

Prior to enrollment, the child must provide the administration with their health and immunization certificate.  Failure to provide this information within the time period set by the superintendent shall be reason for suspension, expulsion or denying admission to the student.

 Legal Reference:                       Iowa Code §§ 139A.8: 144.45(5); 282.1, .3, .6.9; 282.1, .3, .6

Cross Reference:                       501       Student Attendance

                                                  507.1    Student Health and Immunization Certificates

Adopted:                      04/20/1998

Reviewed:                    03/11/2024

Revised:                       03/11/2024

Students who transfer into the Edgewood-Colesburg Community School District must meet the immunization and age requirements for students who initially enroll in the school district.

The district retains the right to determine grade level placement and whether or not to accept credits towards graduation that the transfer student earned in a non-accredited setting.

The Superintendent or designee may require testing, a review of a student’s portfolio, or use of other reasonable means to make grade placement and credit decisions, including both subjective and objective academic evaluations.  In the event credit is awarded, neither numerical nor letter grades received in the non-accredited setting will be recorded on the student’s permanent record.

A student who transfers in from a non-accredited setting will only be eligible for honors and awards for the actual period of time he or she has been enrolled as a regular student in the Edgewood-Colesburg School District.

Students transferring into the high school from a non-accredited setting will not be eligible for class ranking until they have been fully enrolled for six (6) or more semesters.  Students must meet the graduation requirements of the school district in order to be eligible for a diploma.  All students must meet graduation requirements to participate in the graduation ceremony.

Credits and grades earned through dual enrollment or home school assistance program under Iowa Code 299A will be accepted towards graduation, class rank, honors and awards, provided all other criteria are met.

The superintendent or designee shall notify the parents or guardians of known district students who are being educated in a non-accredited setting of the existence and substance of this policy prior to what would typically be the students’ ninth grade year.

Adopted:          08/15/2005
Reviewed:        03/11/2024

Students who transfer into the school district must meet the immunization and age requirements set out for students who initially enroll in the school district.

The school district will request the student's cumulative records from the previous school district.  If the student cannot offer proof of grade level, the superintendent will make the grade level determination.  The superintendent may require testing or other information to determine the grade level.  Students expelled or suspended from their previous school district will only be enrolled after approval of the board.

The superintendent will determine the amount of credits to be transferred.  If the student has not previously attended an accredited school, it is within the superintendent's discretion to accept or reject credits or grades.

The board may deny admission if the student is not willing to provide the board with the necessary information.

Legal Reference:           20 U.S.C. § 1232g.

Iowa Code §§ 139A.8; 282.1, .3, .4; 299A.

Cross Reference:           501.15  Open Enrollment Transfers - Procedures as a Receiving District

505.03                          Student Honors and Awards

604.01                          Private Instruction

604.10                          Online Courses

604.11                          Appropriate Use of Online Learning Platforms

Adopted:          07/21/2003

Reviewed:        03/11/2024

Revised:           03/11/2024

If the student's parents wish to withdraw or transfer the student from school prior to completing and graduating from the education program, they will notify the superintendent/principal in writing as soon as possible of the decision to withdraw or transfer the student from the education program.  The student or parent should present this written notice at the office and receive instructions regarding the return of textbooks, library books, locker equipment, hot lunch tickets, etc. 

The notice will state the student's final day of attendance.  If the student is not enrolling in another school district, the school district will maintain the student's records in the same manner as the records of students who have graduated from the school district.

If the parents wish to have the student's cumulative record sent to the new school district, the parents will notify the superintendent/principal in writing.  This notice will include the name of the school district and the person at the new school district to whom the student's cumulative records should be sent.  If the new school district requests the student's cumulative records, the school district will forward the cumulative records and notify the parents the records have been sent.  The notice will inform the parents of their right to review the records sent.

If the student is of compulsory education age and not transferring to another public school district or an accredited nonpublic school, the parents will notify the superintendent that the student is receiving competent private instruction and file the necessary competent private instruction reports.

Legal Reference:           20 U.S.C. § 1232g.

Iowa Code §§ 274.1; 299.1-.1A; 299A.11.

Cross Reference:

501.15                          Open Enrollment Transfers - Procedures as a Receiving District

604.01                          Private Instruction

Adopted:          07/21/2003

Reviewed:        03/11/2024

Revised:           03/11/2024

As part of the school district's records, the daily attendance of each student is recorded and maintained on file with the permanent records of the board secretary.

It is the responsibility of the principals to ensure that such reports are filed with the board secretary, the custodian of school records.

Legal Reference:  Iowa Code §§ 294.4; 299.
                                      281 I.A.C. 12.3(4).

Adopted:          07/21/2003
Reviewed:        03/11/2024

Code No.  501.9

Chronic Absenteeism and Truancy

Chronic absenteeism/absences means any absence from school for more than ten percent of
the days each semester listed in the current school calendar established by the district.
Truant/truancy means a child of compulsory attendance age who is absent from school for any
reason for at least twenty percent of the days in each semester listed in the current school
calendar established by the district.
● have completed the requirements for graduation in an accredited school or has obtained a high
school equivalency diploma;
● are excused for sufficient reason by any court of record or judge;
● are attending religious services or receiving religious instruction;
● are attending a private college preparatory school accredited or probationally accredited;
● are excused under Iowa Code §299.22 (deaf, hard of hearing, blind children); or
● are exempt under Iowa Code §299.24 (religious groups).
Students are subject to disciplinary action for truancy including suspension and expulsion.
It is within the discretion of the principal to determine, in light of the circumstances, whether a
student may make up work missed because of truancy. Students receiving special education
services will not be assigned any specific consequences unless the goals and objectives of the
student's Individualized Education Program are capable of being met.
It is the responsibility of the superintendent, in conjunction with the designated school officials,
to develop administrative regulations regarding this policy. The administrative regulations will
indicate the disciplinary action to be taken for truancy.

LegalReference:
34 C.F.R. sec. 300
28 C.F.R. Pt. 35
Iowa Code §§ 294.4; 299.
281 I.A.C. 12.3(4).

Adopted:    07/21/2003
Reviewed:    08/12/2024
Revised:     08/12/2024
 

Code No. 501.11

STUDENT RELEASE DURING SCHOOL HOURS

Students will be allowed to leave the school district facilities during school hours only with prior authorization to the school from their parents, unless the parent appears personally at the student's attendance center to arrange for the release of the student during school hours, or with the permission of the principal.

Approved reasons for release of a student during the school day will include, but not be limited to, illness, family emergencies, medical appointments, religious instruction, classes outside the student's attendance center, employment for which the student has been issued a work permit and other reasons determined appropriate by the principal.

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

Legal Reference:           Iowa Code § 294.4 (2003).

                                    281 I.A.C. 12.3(4).

Adopted:            07/21/2003

Reviewed:       03/11/2024

Code No.  501.12

PREGNANT STUDENTS

The board encourages pregnant students to continue to attend the education program as long as they are physically able to do so.  The pregnant student is encouraged to notify the principal or the guidance counselor as soon as they are aware of the pregnancy in order for the district to facilitate the student’s equal access to the district’s education programs and activities.  The school may require that a pregnant student provide the principal with a written note from their doctor relative to special conditions that might exist and specific suggestions as to how long the student may continue to attend classes.  If the student is unable to attend school because of their pregnancy, the student may be excused and arrangements made to continue their studies during her absence.  The student will resume classes upon the recommendation of her physician.

Legal Reference:           Iowa Code §§ 216; 279.8; 280.3.

34 C.F.R. § 106.40

Cross Reference:           106                                    Discrimination & Harassment Based on Sex Prohibited

1. 2. Individualized Instruction

Adopted:          07/21/2003

Reviewed:        08/12/2024

Reviewed:        08/12/2024

Students who have attained legal age may continue the education program without payment of tuition as long as they are eligible to attend an Iowa public school and are residents of the school district.

Parents will be allowed to access and view the student's records without written permission from the student if the student is still a dependent for tax purposes.  In most cases, with the discretion of the principal or the superintendent, the student will be able to make decisions and sign documents rather than requiring parental permission or signature.

Legal Reference:  20 U.S.C. § 1232g (1994).
                                      Iowa Code §§ 22; 282.2, .6, .7; 285.4; 599.1; 622.10 (2013).
                                      281 I.A.C. 12.3(6).3.

Adopted:          07/21/2003
Reviewed:        03/11/2024

Code No.  501.14

OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A SENDING DISTRICT

The school district will participate in open enrollment as a sending district.  As a sending district, the board will allow resident students who meet the requirements to open enroll to another public school district.

 Parents requesting open enrollment out of the school district for their student will notify the sending and receiving school district  no later than March 1 in the school year preceding the first year desired for open enrollment.  The notice is made on forms provided by the Iowa Department of Education.  The forms are available at the central administration office.

 Parents of children who will begin kindergarten in the school district are exempt from the open enrollment March 1 deadline. Parents of children who will begin kindergarten and prekindergarten children enrolled in special education programs and included in the district’s basic enrollment will file in the same manner set forth above by September 1. Parents who have good cause as defined by law for failing to meet the March 1 deadline may make an open enrollment request by September1 unless another deadline applies.

 The receiving district will approve or deny open enrollment requests according to the timelines established by law.  The parents may withdraw the open enrollment request prior to the start of the school year.  The receiving district’s superintendent will notify the parents and sending school district by mail within five days of the school district’s action to approve or deny the open enrollment request. 

Subject to applicable laws, the board may approve a student's request to allow the receiving district to enter the school district for the purposes of transportation. 

An open enrollment request out of the school district from parents of a special education student is reviewed on a case-by-case basis.  The determining factor for approval of such an open enrollment request will be whether the special education program available in the receiving school district is appropriate for the student's needs.  The area education agency director of special education serving the receiving district will determine whether the program is appropriate.  The special education student will remain in the school district until the final determination is made.

It is the responsibility of the superintendent to maintain open enrollment request applications and notice forms.  It will also be the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

Legal Reference:           Iowa Code §§ 139A.8; 274.1; 279.11; 282.1, .3, .8, .18; 299.1.

            281 I.A.C. 17.

Cross Reference:        501.15 Open Enrollment Transfers - Procedures as a Receiving District

Adopted:         04/20/1998

Revised:          08/12/2024

Reviewed:       08/12/2024

OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A RECEIVING DISTRICT

Code No.  501.15

The school district will participate in open enrollment as a receiving district.  As a receiving district, the board will allow nonresident students, who meet the legal requirements, to open enroll into the school district.  The board will have complete discretion to determine the attendance center of the students attending the school district under open enrollment.

The superintendent will approve all timely filed applications by June 1; incoming kindergarten applications; good cause applications; or continuation of an educational program application filed by September 1.

 The superintendent will notify the sending school district and parents within five days of the school district’s action to approve or deny the open enrollment request.

 Open enrollment requests into the school district will not be approved if insufficient classroom space exists.  Open enrollment requests into the school district will also not be approved for students who have been suspended or expelled by the administration or the board of the school district the student is or was attending until the student has been reinstated into the school district from which the student was suspended or expelled.  Once the student is reinstated, the student's open enrollment request will be considered in the same manner as other open enrollment requests provided the required timelines are met.  The district reserves the right to deny continued open enrollment to any students who meets the definition of truant.  The district will notify the truant student’s parent or guardian and district of residence of the decision to deny enrollment in the future in accordance with applicable laws.

 Open enrollment requests into the school district that, if denied, would result in students from the same nuclear family being enrolled in different school districts, will be given highest priority.  The board, in its discretion, may waive the insufficient classroom space reason for denial for students of the same nuclear family to prevent the division of a nuclear family between two school districts.  Other open enrollment requests into the school district are considered in the order received by the school district with the first open enrollment request given a higher priority than the second open enrollment request and so forth.

Students in grades nine through twelve open enrolling into the school district will be eligible for participation in interscholastic athletics, at the varsity level, in accordance with applicable law.

Parents of students whose open enrollment requests are approved by the (board or superintendent) are responsible for providing transportation to and from the receiving school district without reimbursement

An open enrollment request into the school district from parents of a special education student is reviewed on a case-by-case basis.  The determining factors for approval of such an open enrollment request will be whether the special education program available in the school district is appropriate for the student's needs and whether the enrollment of the special education student will cause the class size to exceed the maximum allowed.  The area education agency director of special education serving the school district will determine whether the program is appropriate.  The special education student will remain in the sending district until the final determination is made.  For children requiring special education, the receiving district will complete and provide to the resident district the documentation needed to seek Medicaid reimbursement for eligible services.

The policies of the school district will apply to students attending the school district under open enrollment.

It is the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

Legal Reference:           Iowa Code §§ 139A8; 274.1; 279.11; 282.1, .3, .8, .18; 299.1.

            281 I.A.C. 17.

Cross Reference:           501.6    Student Transfers In

            501.7    Student Transfers Out or Withdrawals

            501.14  Open Enrollment Transfers - Procedures as a Sending District

606.6    Insufficient Classroom Space

Adopted:              04/20/1998

Revised:               08/12/2024

Reviewed:            08/12/2024

Code No.  501.16

HOMELESS CHILDREN AND YOUTH

The Edgewood Colesburg Community School District believes all students should have access to a free, appropriate public education. The district will ensure that homeless children and youth have equal access to the same free, appropriate public education as other children and youth.

The term “homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes:

• Children and youth who are:
  • Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as “doubled up”);
  • Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations;
  • Living in emergency or transitional shelters; or
  • Abandoned in hospitals.
• Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;
• Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
• Migratory children who qualify as homeless because they are living in circumstances described above.

To help ensure that homeless children and youth have a full opportunity to enroll, attend, and succeed at school, the board shall:

• Designate the School Counselor as the local homeless children and youth liaison;
• Provide training opportunities for staff so staff may help identify and meet the needs of homeless children and youth;
• Remove barriers, including those associated with fees, fines, and absences, to the identification, enrollment, retention, attendance and/or success in school for homeless children and youth;
• Ensure collaboration and coordination with other service providers;
• Ensure transportation is provided in accordance with legal requirements;
• Provide school stability in school assignment according to the child’s best interests;
• Ensure the privacy of student records, as provided by applicable law, including information about a homeless child or youth’s living situation;
• Engage in the dispute resolution process for decisions relating to the educational placement of homeless children and youth as provided by applicable law; and
• Prohibit the segregation of a homeless child or youth from other students enrolled in the district.

The superintendent may develop an administrative process or procedures to implement this policy.

Legal Reference:        20 U.S.C. § 6301.

42 U.S.C. § 11302.

42 U.S.C. §§ 11431 et seq.    

281 I.A.C. 33.

Cross Reference:       

1. 3. Fines-Fees-Charges

507.1   Student Health and Immunization Certificates

503.03-R(1)    Fines - Fees - Charges - Student Fee Waiver and Reduction Procedures

503.03-E(1)     Fines - Fees - Charges - Standard Fee Waiver Application

603.3     Special Education

​​​​​​​711.1    Student School Transportation Eligibility​​​​​​​

Adopted:         04/20/1998

Reviewed        03/11/2024

Revised:           03/11/2024

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 (2003).

Adopted:    07/21/2003
Reviewed:  03/11/2024

Students will treat school district property with the care and the respect.    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:  802.1  Maintenance Schedule
                                   

Adopted:     07/21/2003
Reviewed:  03/11/2024

Code No.  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 help 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 education 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 helping to ensure 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.

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 (sec. 7)

                                    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, .73; 280.22

Cross Reference:

102                               Equal Educational Opportunity

102-R(1)                       Equal Educational Opportunity - Grievance Procedure

102-EH(1)                    Equal Educational Opportunity - Annual Notice of Nondiscrimination

102-EH(2)                    Equal Educational Opportunity - Continuous Notice of Nondiscrimination

102-EH(3)                    Equal Educational Opportunity - Notice of Section 504 Student and Parental Rights

102-E(4)                       Equal Educational Opportunity - Discrimination Complaint Form

102-E(5)                       Equal Educational Opportunity - Witness Disclosure Form

102-E(6)                       Equal Educational Opportunity - Disposition of Complaint Form

401.14                          Employee Expression

603.09                          Academic Freedom

603.09-R(1)                  Academic Freedom - Teaching Controversial Issues

903.05                          Distribution of Materials

903.05-R(1)                  Distribution of Materials - Regulation

Adopted:    04/20/1998

Reviewed:  03/11/2024

Revised: 03/11/2024

STUDENT COMPLAINTS AND GRIEVANCES-Code No.  502.4

Creating an environment where students feel comfortable addressing their concerns in a meaningful manner is vital to the learning process.  It is the goal of the board to resolve student complaints at the lowest organizational level.  Student complaints and grievances regarding board policy, administrative regulations, or other matters should first be addressed to the student's teacher or another licensed employee, other than the administration, for resolution of the complaint. 

If the complaint cannot be resolved by a student’s teacher or other licensed employee, the student may discuss the matter with the principal within 10 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. The board retains discretion as to whether to consider or take action on any complaint.

Legal Reference:           Iowa Code § 279.8

Cross Reference:          210.8    Board Meeting Agenda

                                    213       Public Participation in Board Meetings

Adopted: 11/15/2021  

Reviewed: 03/11/2024

Revised:

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: 802.1 Maintenance Schedule

Adopted:          07/21/2003
Reviewed:        03/11/2024

Code No.  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.

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 or dangerous objects 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 at school will 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.

Weapons under the control of law enforcement officials are exempt from this policy. Students and individuals approved in writing by the Superintendent who are actively engaging in a school district approved firearms safety course, hunter education course or shooting sports activity are exempt from this policy.  The principal will allow authorized persons to display weapons, other dangerous objects or look-a-likes for educational purposes.  Such a display will also be exempt from this policy. It is the administrative regulations regarding this policy and has been communicated with law enforcement relevant exemptions to this policy are appropriate.

Legal Reference:           18 U.S.C. § 921

Iowa Code §§ 279.8; 280.21B; 483A.27(11), 724

281 I.A.C. 12.3(6)

Adopted:    04/20/1998

Reviewed:  08/12/2024

Revised:     08/12/2024

Code No.  502.7        

STUDENT SUBSTANCE USE

The board believes it is imperative to promote the health and wellbeing 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 including but not limited to: buildings, grounds, parking lots, school vehicles and personal vehicles while on the grounds, athletic fields/stands and dock areas; while on school owned and/or operated school or chartered buses; while attending or engaged in school activities; including school sponsored and nonschool-sponsored events 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.

“Nicotine products” mean any product containing nicotine or any other preparation of tobacco and any product or formulation of matter containing biologically active amounts of nicotine.”  “Nicotine products” does not include cessation product specifically approved by the United States Food and Drug Administration (FDA) for use in reducing, treating, or eliminating nicotine or tobacco dependence.

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 abuse 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 abuse prevention program shall 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 and nicotine products, 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 wellbeing;

·           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 shall be 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)

Adopted:         04/20/1998

Revised:          04/22/2024

Reviewed:       04/22/2024

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 shall be 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, shall not create a protected student area and shall not give rise to an expectation of privacy with respect 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 buses; 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 material and substantial disruption to the school environment or presents 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.

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

All school property such as lockers, classrooms, parking areas and storage areas may be searched.

• Dogs shall not be used in rooms occupied by persons except for demonstration purposes with the handler present.
• When used for demonstration purposes, the dog may not sniff the person or any individual.
• 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.
• 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.

Actual times or dates of planned searches need not be released in advance.  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.

Law enforcement agencies will be contacted to investigate, handle and confiscate any illegal substances or materials found during the school’s search and students with such substances or materials may be subject to criminal prosecution in addition to any school disciplinary action.

It shall be 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:  905.2 Nicotine/Tobacco-Free Environment
                              

Adopted:    04/20/1998
Reviewed:  03/11/2024
Revised: 

Generally, students may not be interviewed during the school day by persons other than parents 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 shall be made through the principal's office.  Upon receiving a request, it shall be the responsibility of the principal to determine whether the request will be granted.  Generally, prior to granting a request, the principal shall 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  Use of Motor Vehicles
                                      902.2 News Conferences and Interviews

Adopted:    04/20/1998
Reviewed:  03/11/2024

Code No. 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 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, 506.3 Physical Restraint and Seclusion of Students , 603.3 Special Education, 903.5 Distribution of Materials

Reviewed: 03/11/2024

Revised: 12/11/2023

Code No.  503.2

EXPULSION

Only the board may remove a student from the school environment for more than ten(10) consecutive school days.  

Students may be expelled for violations of board policy, school rules or the law.  It 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.

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).

Adopted:    04/20/1998

Reviewed:  12/11/2023

Revised:     12/11/2023

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 shall 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 shall be 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.
                                  

Cross Reference:  501.16  Homeless Children & Youth
                                    

Adopted:          04/20/1998
Revised:          
Reviewed:        03/11/2024

a) music

If a student is participating in multiple activities at the time he/she loses privileges under this policy, the loss of privileges is in effect for all activities in which the student participates. A student who is deemed ineligible must still partake in the practices of the activity. He/she should travel in street clothes with the team or group to attend the performance with approval from the Principal.

If at the time of the violation, the student is not currently participating in any activity, then the student’s period of ineligibility shall apply to the first activity or activities in which the student participates. A student who is in violation of eligibility rules will not be allowed to enter an activity already in progress.

Disciplinary actions under the Good Conduct Code may carry over from one activity to another and may carry over from one school year to the next.

VIOLATIONS

Violations of the Good Conduct Code include but are not limited to the following prohibited conduct and actions and as such may lead to a student’s activity ineligibility:

1) Participate in an act(s) of harassment or bullying and/or encouraging others to do the same or contribute to others activities that constitute harassment or bullying as determined by school officials.

2) Use, possess and/or transmit tobacco or imitation substances.  

3) Send electronic messages or pictures that show inappropriate behavior.

4) Attend a function or party where illegal drugs are being used or where minors are using alcohol illegally. 1 (Mere Presence).

5) Damage, destroy, vandalize or steal school property and/or personal property of employees, students, visitors to the school, or district patrons.             

6) Assault; physically abuse; violation of the District’s Anti-Bullying Harassment Policy concerning any person at school or during school activities or coming to and/or going from school or a school activity.

7) Possess, use, or be under the influence of alcoholic beverages.

8) Possess, use or be under the influence of illegal drugs, controlled substances, imitation controlled substances, or drug paraphernalia.

9) Possess, use or threaten to use any instrument that is generally considered a weapon or an imitation weapon or an explosive while on school grounds or while participating in a school-sponsored function.

10) Sell, manufacture or distribute illegal drugs, controlled substances, or imitation controlled substances.

¹ Attendance with parents at a function (family celebration, wedding, graduation, etc.) where alcohol is served legally to adults of age, shall not be considered a violation of the Good Conduct Policy unless alcohol or a controlled substance is consumed by the minor student or the minor student participates with others who are illegally consuming alcohol or drugs and the student knows or reasonably should know that these individuals are minors illegally consuming alcohol and/or individuals (where minors or not) are illegally consuming drugs. In any incident that involves more than one type of conduct violation, penalties will not be combined but rather the incident involving the most serious violation will be used and the penalty applied to that most serious violation.

DETERMINATION OF VIOLATION

Ed-Co CSD may determine that an incident has been a violation of the Code of Conduct if:

1. found so by a court of law.
2. reported to school staff by law enforcement.
3. the student admits to violating one of the standards.
4. the student is witnessed breaking one of the standards by a staff member.
5. information comes via the “rumor route” and the investigation reveals the information to be valid.

PENALTIES - The penalty for a violation is ineligibility according to the following criteria:

First Offense:

Violation of rules 1-5, the student is ineligible for three (3) events but can avoid serving one (1) event ineligibility time if they agree to serve eight (8) community service hours within 30 days of the offense.

Violation of rules 6-8, the student is ineligible for five (5) events but can avoid serving two (2) events ineligibility time if they agree to serve sixteen (16) community service hours within 30 days of the offense.

Violation of rules 9-10, the student will be ineligible to participate in listed activities for eight (8) events.

Second Offense:

Violation of rules 1-5, the student is ineligible for eight (8) events.

Violation of rules 6-8, the student is ineligible for twelve (12) events.

Violation of rules 9-10, the student will be ineligible to participate in listed activities for sixteen (16) events.

Third Offense:

A student whose violation of the Good Conduct Code constitutes a third offense will be ineligible in all extra-curricular or co-curricular activities for no less than one (1) year and up to the remainder of the student’s high school career.

* If 12 months have elapsed, the next violation will carry the same ineligibility as the last violation.

* Students who move or transfer into the Ed-Co District and were ineligible because of a violation of their previous school’s Good Conduct Policy, will also be ineligible at Ed-Co. The student will be held out for the length of time he/she would have served at the previous school. 25

* If a student quits a sport or activity or does not attend the required practices, the amount of time served in that sport/activity will be null/void and the student will not be credited with time served.

* If a student is absent from school (with an unexcused reason) on the day he/she was to serve a conduct activity, the day will be moved to the next day of performance/competition.

* A student who is in violation of code of conduct will only be allowed to enter an activity already in progress:

• If the first game has not been played, but practices have already started, the student’s ineligibility will begin once the number of days missed since the first day of practice has been served. For instance, if a student comes out but has already missed 6 days of practice, the number of days for the code violation will begin 6 days after the first scheduled competition.
• If a student joins a team after the first competition date, the student will be expected to practice and travel with the team, but will not be able to play or use his/her time towards burning any code violations.

PENALTY REDUCTION

Any student who comes forward and admits to the Principal, coach or sponsor to a violation within twenty-four (24) hours after it occurs and provides complete and accurate facts about his/her involvement, shall have the penalty that would have been imposed reduced by one event. The Principal will have the sole authority and discretion to determine whether a student has complied with this section and is eligible for a penalty reduction.

DUE PROCESS

The following example of due process will be followed and any student held to the code of conduct consequences will be ineligible immediately and throughout the appeal process:

1. Prior to being declared ineligible, a hearing shall be held with the student and principal. During the hearing, the student will be given an opportunity to present his/her side of the story. After the hearing, the student and parents will be given oral and written notice of what he/she is accused of doing, an explanation of the evidence, and a statement of the consequences (if any were given).
2. Following the decision, the student and/or his/her parent(s)/guardian(s) shall be given three (3) school days to file an appeal with the superintendent. The appeal shall be heard at the earliest feasible opportunity, but no later than seven (7) calendar days following the filing.
3. An appeal of the decision of the superintendent may be made to the Board of Education. The appeal must be filed with the Board Secretary within three (3) days of the receipt of the superintendent’s decision. The Board will hear the appeal no later than the next regularly scheduled meeting, in closed session, except that the student and/or parent(s)/guardian(s) request that the hearing be in public session. Formal action by the Board must be in an open meeting.

*Legal counsel may represent the student during any or all phases of the appeal procedure.

Legal Reference:           Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).

In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).

Iowa Code §§ 280.13, .13A.

281 I.A.C. 12.3(6); 36.15(1).

Cross Reference:           504.04  Student Performances

606.05  Student Field Trips and Excursions

Adopted:          05/18/1992
Reviewed:        03/11/2024
Revised:           03/18/2019

Adopted:          07/21/2003
Reviewed:        03/11/2024
Revised:           01/18/2021

It is the goal of the district that all students can learn and grow in a safe and peaceful environment that nurtures the student and models respect for oneself and others.  On occasion, trained district employees and others may have to use behavior management interventions, physical restraint and/or seclusion of students.  The goal of these interventions is to promote the dignity, care, safety, welfare and security of each child and the school community.  With this objective in mind, the district will prioritize the use of the least restrictive behavioral interventions appropriate for the situation.

Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student’s arms, legs, body, or head freely.  Physical restraint does not mean a technique used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which the technique was designed and, if applicable, prescribed.  Physical restraint does not include instructional strategies, such as physically guiding a student during an educational task, hand-shaking, hugging, or other non-disciplinary physical contact. 

Seclusion means the involuntary confinement of a child in a seclusion room or area from which the child is prevented or prohibited from leaving; however, preventing a child from leaving a classroom or school building are not considered seclusion.  Seclusion does not include instances when a school employee is present within the room and providing services to the child, such as crisis intervention or instruction. 

Physical restraint or seclusion is reasonable or necessary only:

• To prevent or terminate an imminent threat of bodily injury to the student or others; or
• To prevent serious damage to property of significant monetary value or significant nonmonetary value or importance; or
• When the student’s actions seriously disrupt the learning environment or when physical restraint or seclusion is necessary to ensure the safety of the student or others; and
• When less restrictive alternatives to seclusion or physical restraint would not be effective, would not be feasible under the circumstances, or have failed in preventing or terminating the imminent threat or behavior; and
• When the physical restraint or seclusion complies with all applicable laws.

Prior to using physical restraint or seclusion, employees must receive training in accordance with the law.  Any individual who is not employed by the district but whose duties could require the individual to use or be present during the use of physical restraint or seclusion on a student will be invited to participate in the same training offered to employees on this topic. 

When required by law, the superintendent or the superintendent’s designee will ensure a post-occurrence debriefing meeting is held, maintain documentation and fulfill all reporting requirements for each occurrence of physical restraint or seclusion as required by law. 

Legal Reference:  Iowa Code §§ 279.8; 280.21.
                                      281 I.A.C. 103.

Cross Reference:          402.3   Abuse of Students by School District Employees
                                      503.5    Corporal Punishment

Approved: 1/18/2021                           
Reviewed:  03/11/2024                                        
Revised:

Code No. 503.7

STUDENT DISCLOSURE OF IDENTITY

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

If a student makes a request to a licensed employee to accommodate a gender identity, name, or pronoun that is different than what was assigned to the student in the student’s registration forms or records, the licensed employee is required by Iowa law to report the request to an administrator. The school administrator receiving the report is required by Iowa law to report the request to the student’s parent/guardian.  This requirement also applies to all nicknames.

To maintain compliance with Iowa law and also provide efficiency in the reporting requirements listed above, the Superintendent will provide the opportunity for parents and guardians to list in the student’s registration paperwork any and all nicknames used for students.

Adopted: 08/15/2023

Reviewed: 03/11/2024

Revised:

Code No. 503.8

Discipline of Students Who Make  Threats of Violence or Cause Incidents of Violence 

Discipline Policy  

Discipline is designed to promote behavior that will enable students to learn and successfully participate in  their educational and social environments. The district discipline policy for students who make a threat of  violence or commit an act of violence is developed to help students understand their obligations to others in  the school setting, secure the safety of all students, staff and the community, and to correct student behavior  if a violation occurs (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 1). 

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

Discipline and other responses to threats or incidents of violence by a student with a disability, including  removal from a class, placement in a therapeutic classroom, suspensions, and expulsions, will comply with  the provisions of applicable federal and state laws including, but not limited to, the IDEA, Section 504 of the  Rehabilitation Act, and the Americans with Disabilities Act (2023 Iowa Acts, chapter 96 (House File 604), sec.  7, new section 279.79, subsection 3). 

District Response to a Threat or Incident of Violence by a Student  

Reporting a Threat of Violence or Incidence of Violence 

In the case of any threat of violence or incident of violence that results in injury, property damage or assault  by a student, the teacher will report to the school principal or lead administrator within 24 hours of the  incident. The principal or lead administrator will notify the parent or guardian of the student(s) who threatened  or perpetrated an act of violence and the student(s) who the threatened or perpetrated act of violence was  made against within 24 hours after receipt of the teacher’s report and complete an investigation of the incident as soon as possible. The classroom teacher may also notify the parent or guardian of the student  who made the threat or caused the incident, and the parent or guardian of the student against whom the  threat or incident was directed (2023 Iowa Acts, chapter 96 (House File 604), sec. 4).  

An investigation will be initiated by the principal or lead administrator upon learning of an incident of violence  or threat of violence through any credible means. If the principal or lead administrator finds that an incident of  violence or threat of violence did occur, the administrator will determine the level of threat or incident by  considering all aspects of the situation, including the student's intent and knowledge of the impact of their  actions, their developmental level and context of the incident. The resolution will focus on identifying the  cause behind the behavior and appropriate corrective action (2023 Iowa Acts, chapter 96 (House File 604),  sec. 7, new section 279.79, subsections 1 and 4).  

A student who makes a threat of violence, causes an incident of violence that results in injury or property  damage, or who commits an assault, will be subject to escalating levels of discipline for each occurrence.  When appropriate, referrals will be made to local law enforcement. The district retains the authority to assign  the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence  (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 5). 

Threat of Violence 

Threat of violence means a written, verbal, electronic or behavioral message that either explicitly or implicitly  expresses an intention to inflict emotional or physical injury, property damage, or assault. 

Incident of Violence 

Incident of violence means the intentional use of physical force or power against oneself, another person, a  group or community or property resulting in injury, property damage or assault.  

Injury 

Injury means “physical pain, illness or any impairment of physical condition.” State v. McKee, 312 N.W.2d  907, 913 (Iowa 1981). 

Property Damage 

Property damage means any destruction, damage, impairment or alteration of property to which the  individual does not have a right to take such an action. Property means real property, which includes any real  estate, building, or fixture attached to a building or structure, and personal property, which includes intangible  property (Iowa Code section 4.1(21)). 

Assault 

Assault means when, without justification, a student does any of the following: 

an act which is intended to cause pain or injury to, or which is intended to result in physical contact  which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or  any act which is intended to place another in fear of immediate physical contact which will be painful,  injurious, insulting or offensive, coupled with the apparent ability to execute the act; or intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward  another.  

The act is not an assault when the person doing any of the above and the other person are voluntary  participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable  incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the  peace (Following Iowa Code section 708.1)

Escalating Responses by Grade Band  

Grades PK-2 

Grades 3-5 

Grades 6-8 

Grades 9-12

Definitions (consistent with the Department’s Data Dictionary 2022-23)  

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. 
 

Adopted: 12/11/2023

Revised: 03/11/2024

Reviewed:

The student council provides for student activities, serves as a training experience for student leaders, promotes the common good, gives students a share in the management of the school, develops high ideals of personal conduct, acts as a clearinghouse for student activities, seeks to interest students in school district affairs and helps solve problems that may arise.  Members of the council are student representatives who have direct access to the administration.

The principal, in conjunction with the students and licensed employees, shall set forth the guidelines for the student government's elections, operations, and other elements of the government.

Legal Reference:  Iowa Code § 279.8 (1997).

Cross Reference:  502  Student Rights and Responsibilities
                                      504  Student Activities

Adopted:          08/18/2003
Reviewed:        04/22/2024

Code No.  504.2

STUDENT ORGANIZATIONS

Secondary school student-initiated, non curriculum-related groups and student curriculum-related groups, upon receiving permission from the principal, may use school facilities for group meetings during non-instructional time.

Non-instructional time shall mean any time before the first period of the day and after the last period of the day in which any student attends class.  Meetings shall not interfere with the orderly conduct of the education program or other school district operations.  It shall be within the discretion of the principal to determine whether the meetings will interfere with the orderly conduct of the education program or other school district operations.  Activities relating to and part of the education program shall have priority over the activities of another organization.

Curriculum-Related Organizations

It shall also be the responsibility of the principal to determine whether a student group is curriculum-related.  One or more of the following questions will be answered affirmatively if the group is curriculum-related:

·           Is the subject matter of the group actually taught in a regularly offered course?

·           Will the subject matter of the group soon be taught in a regularly offered course?

·           Does the subject matter of the group concern the body of courses as a whole?

·           Is participation in the group required for a particular course?

·           Does participation in the group result in academic credit?

Secondary school curriculum-related student organizations may use the school district facilities for meetings and other purposes before and after the instructional school day.  Employees shall be assigned to monitor approved meetings and may interact with curriculum-related organizations.

Non Curriculum-Related Organizations

Student-initiated, non curriculum-related organizations shall be provided access to meeting space and school district facilities.

Only students may attend and participate in meetings of non curriculum-related groups.  Such attendance shall be strictly voluntary and student-initiated.  As a means of determining whether a student's attendance is voluntary, the principal may require parental consent for the student to attend the meetings.

Employees will be assigned to monitor approved meetings.  Employees shall not participate in the meeting or assist in planning, criticizing, or encouraging attendance.  Only students may be involved in and attend the non curriculum group's meetings.

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

Legal Reference:           Westside Community Board of Education v Mergens, 496 U.S. 226 (1990).

Bender v. Williamsport Area Community School District, 741 F.2d 538 (3d Cir. 1984), vacated and remanded on other grounds, 475 U.S. 534 (1986).

                        20 U.S.C. ¤¤ 4071-4074

                        Iowa Code §§ 287.1; 297.9

Adopted:          04/20/1998

Reviewed:        04/22/2024

Revised:           04/22/2024

Code No.  504.4

STUDENT PERFORMANCES

Students, as part of the education program, may participate in contests or other public and private events approved by the superintendent that will be of benefit to the student and the education program.  Performance at such events is a privilege.

Students, who perform at such events, serve as ambassadors of the school district and must conduct themselves in the same manner as required in the regular school day.  Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. 

Students will be allowed to perform in these events only with proper permission and supervision and when the events do not disrupt the education program or other school district operations.  The events must be approved by the superintendent, unless it involves unusual travel and expense, in which case the board must approve of the performance.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. In developing the administrative regulations, these guidelines should be followed:

·           Performances by student groups below the high school level should be allowed on a very limited basis;

            ·           All groups of students should have an opportunity to participate; and,

            ·           Extensive travel by one group of students should be discouraged.

It shall be within the discretion of the superintendent to determine whether the event will benefit the education program and the participating students.  Contests or other performances by students unapproved by the superintendent shall be the responsibility of the parent and the student.

Legal Reference:           Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

                        Iowa Code §§ 280.13-.14.

                        281 I.A.C. 12.6.

Cross Reference:           503.4  Good Conduct Rule

Adopted:          08/18/2003

Reviewed:        04/22/2024

Revised:           04/22/2024

Code No.  504.6

STUDENT ACTIVITY PROGRAM

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

Students will have an opportunity to participate in a school activity unless the activity is not offered, the activity is an intramural or interscholastic athletic activity or the student cannot participate for disciplinary reasons.  If the activity is an intramural or interscholastic athletic activity, students of the opposite sex will have a comparable opportunity for participation.  Comparable opportunity does not guarantee boys and girls will be allowed to play on each other's teams when there are athletic activities available that will allow both boys and girls to reap the benefits of school activities, which are the promotion of additional interests and abilities in the students.

Student activity events must be approved by the superintendent, or designee, unless it involves unusual travel expense, in which case the board will take action.  The events must not disrupt the education program or other school district operations.

A high school student who participates in school sponsored athletics may participate in a non-school sponsored sport during the same season.

It shall be the responsibility of the superintendent to develop administrative regulations for each school activity.  These regulations shall include, but not be limited to, when physical examinations will be required, how and when parents will be informed about the risk of the activity, academic requirements, and proof of insurance on the student participating in certain 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:           20 U.S.C. §§ 1681-1683; 1685-1686.

                        34 C.F.R. Pt. 106.41.

                        Iowa Code §§ 216.9; 280.13-.14.

                        281 I.A.C. 12.3(6), 12.6., 36.15(7)

Cross Reference:           507.09              Wellness

507.09-R(1)      Wellness - Regulation

Adopted:          04/20/1998

Reviewed:        04/22/2024

Revised:

Code No.  505.1

STUDENT PROGRESS REPORTS AND CONFERENCES

Students shall receive a progress report at the end of each nine-week grading period.  Students who are doing poorly, and their parents, shall be notified prior to the end of the grading period in order to have an opportunity to improve their grade.  The board encourages the notification of students who have made marked improvement prior to the end of the semester.

Parent-teacher conferences will be held two times per year to keep the parents informed. 

Parents, teachers, or principals may request a conference for students in grades kindergarten through twelve in addition to the scheduled conference time.  Parents and students are encouraged to discuss the student's progress or other matters with the student's teacher.

Legal Reference:           Iowa Code §§ 256.11, 41; 280, 284.12.

281 I.A.C. 12.3(4), 12.3(6), .5(16).

Adopted:           08/18/2003

Revised:           04/22/2024

Reviewed: