DISCIPLINE
DISCIPLINE
Student Conduct (503.1):
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.
A student who commits an assault against an employee on school district property or on property within the jurisdiction of the school district, while on school-owned or school-operated chartered vehicles, while attending or engaged in school district activities will be suspended by the principal. Notice of the suspension is sent to the board president. The board will review the suspension to determine whether to impose further sanctions against the student, which may include expulsion.
Assault for purposes of this section of this policy is defined as:
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.
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 disciplining the student or the building principal.
Suspension means; either, an out-of-school suspension, a restriction from activities or loss of eligibility. An 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 days. A restriction from school activities means a student will attend school 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.
Following the suspension of a special education student, an informal evaluation of the student's placement will take place. The Individual Education Program (IEP) is evaluated to determine whether it needs to be changed or modified in response to the behavior that led to the suspension.
If a special education student's suspensions, either in or out of school, equal ten days on a cumulative basis, a staffing team will meet to determine whether the IEP is appropriate.
Breach of Discipline. Any conduct by a student, which interferes with the maintenance of school discipline shall be considered a breach of discipline.
Breach of discipline includes but is not limited to the following:
a. The use or possession of tobacco or any tobacco product, including any vaping product;
b. The use or possession of alcoholic beverages;
c. The use or possession of any controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his/her professional practice;
d. Attendance or participation in any school activity in an intoxicated state or under the influence of a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his/her professional practice;
e. The distribution of, transmittal of, or sale of any tobacco product, alcoholic beverage, or controlled substance to other persons;
f. Disorderly conduct: including temper tantrums; fighting or rowdy behavior; making loud noises so as to cause interference with other persons; using abusive language or gestures which the student knows or reasonably should know is likely to provoke a violent reaction by another; disruption of meetings, activities, or assemblies of persons by conduct intended to be disrupting; obstructing school premises or places where school functions are to be held, with the intent to prevent or hinder its lawful use by others; or any other behavior intended to interfere with the rights of others;
g. Refusal to conform to policies, rules, regulations, directives or requests of the district or of its officers, employees, or agents of the district when acting within the scope of their employment or duties;
h. Physical attacks on or threats of physical attack to other students, officers, employees, visitors, or agents of the district;
i. Extortion;
j. Possession or use of dangerous weapons or objects;
k. Display of racial bigotry or intolerance;
l. Criminal or illegal behavior;
m. Committing a theft or robbery or attempting to commit a theft or robbery;
n. Damaging, altering, injuring, defacing, or destroying any building fixture, piece of equipment or item, which includes writing, drawing, or making marks on walls, furniture, and fixtures;
o. Gambling;
p. Intimidation, harassment, bullying;
q. The use of obscene, lewd, or profane language;
r. Initiating, circulating, or participating in the circulation of a report or warning of fire, epidemic or other catastrophe knowing such report or warning to be false;
s. Threatening to place or placing any incendiary or explosive devise or material in any place where it may endanger persons or property;
t. Unauthorized leaving of the school grounds during the school day.;
u. Tampering with safety equipment in the school;
v. Demonstrations, disturbances, walkouts, or skipping school in mass;
w. Unauthorized possession or use of school keys;
x. Reckless vehicle management on and around school property;
y. Any student vandalizing school or school employees' property will be subject to a 3-day out-of-school suspension and barred from school activities for a period of 7 calendar days. This includes the throwing of toilet paper ("TP-ing") and any other act that would be considered vandalism or harassment. Any incident to a person or their property that is not directly related to school, a school function or a school activity shall be the responsibility of the local police and court system.;
z. Forgery or cheating.
Sanctions: Students who violate the policies, regulations, rules, or directives of the district, or who have documented cases of conduct detrimental to the best interests of the district, will be disciplined by one or more of the following plans:
a. Conference with the principal/designee;
b. Detention: a requirement that a student remain after school, or come to school early;
c. Wednesday school;
d. Informing the parents of undesirable behavior;
e. In or Out-of-school suspension: the student is prohibited from attending classes or any school activity for a temporary period of time, not to exceed ten school days;
f. Parent conference with the Principal and Counselor;
g. Probation: conditional attendance during a trial period;
h. Temporary removal from class to the office of the principal or his/her designee for a period not to exceed two days when the principal or designee reviews with the student and the classroom teacher the misconduct of the student and determines the conditions of readmission to class or for further disciplinary proceedings’
i. Removal from class for the remainder of a term: the isolation of a student from a specific class for the remainder of a term while under proper supervision where the misconduct does not warrant removal from school by expulsion;
l. Denial of extracurricular activities or special privileges a student may have been given;
k. Physical restraint to protect property, other persons, and/or the student; (Iowa Code 103)
l. Restoration of property damaged at the student's expense;
m. Referral to other agencies;
n. The parents will be notified and the student turned over to local law enforcement authorities;
o. Expulsion: the student is prohibited from attending classes or any activities for an indefinite period;
p. Other, as determined by the Principal.
Suspension (503.1R1):
A. Probation
1. Conditional suspension penalty for a set period of time not warranting removal from classes.
2. Written allegations against the student and reasons for probation are sent to parents/guardians.
B. Out-of-School Suspension
1. Removal from school for short durations when other resources unable to remedy misconduct.
2. Up to 10 days when the student causes
a. oral or written notice of the allegations against the student and
b. opportunity to respond to charges. The student may be allowed to confront witnesses.
3. Notice mailed the end of the day to parents and superintendent, and parents are contacted.
C. Suspensions and Special Education Students
1. Special ed. Students may be referred for (IEP) revision to change intervention strategies.
2. Non-special ed. students may be referred for evaluation to determine a possible disability.
Expulsion (503.2): Only the board may remove a student from the school environment. The removal of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.
Students may be expelled for violations of board policy, school rules or the law. It is within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.
It is within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student. The principal will keep records of expulsions in addition to the board's records.
When a student is recommended for expulsion by the board, the student is provided with:
Notice of the reasons for the proposed expulsion;
The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;
An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;
The right to be represented by counsel; and,
The results and finding of the board in writing open to the student's inspection.
In addition to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement. Discussions and conclusions of this meeting should be recorded.
If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures. If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.
Student Rights (Due Process): Before a decision is made to suspend a student, the student will be allowed to speak in his/her own defense, explaining the facts from his/her point of view. The student has the right to call his/her parents at any time during the initial conference.
In cases when expulsion has been recommended, the student has the right to have counsel of his/her own choice present at any hearings, the right to have his/her parents present, the right to hear testimony of witnesses against him/her, the right to present his/her own witnesses and testimony, the right to testify in his/her own behalf, and the right to a fair and impartial decision based on the evidence.