Students are responsible for conducting themselves in a manner that respects the rights of others. Misuse of any electronic device whether District or student owned, including personal cell phones, that interferes with a positive, orderly District environment does not respect the rights of others and is expressly forbidden.
As used in this policy, “electronic devices” means anything that can be used to create, capture, transmit or receive audio, images, video or data.
Students are prohibited from using electronic devices in any manner in District buildings, while on District premises, or on District transportation other than for purposes specifically permitted by authorized District personnel. Authorized student use of electronic devices shall be consistent with and in compliance with all applicable laws and District policies, rules, regulations, and procedures governing the use of electronic devices, District networks, and District internet access.
Students are prohibited from using electronic devices for the purpose of browsing the internet; composing or reading email and text messages or making or answering phone calls will while driving a motor vehicle on school property.
The use of an electronic device is permitted to the extent it is approved in a student’s individualized education program (IEP) or 504 Plan or it is needed in an emergency that threatens the safety of students, staff or other individuals. The use of electronic devices at District sponsored activities outside the regular school day is permitted to the extent and within the limitations allowed by the event or activity the student is attending.
The student and/or student’s parents or guardians expressly assume any risk associated with students owning or possessing electronic devices. Students misusing electronic devices shall have them confiscated and shall be subject to discipline, including suspension or expulsion. Confiscated devices may be picked up at the administration office in the appropriate attendance center by the student’s parents or guardians. Students have no right of privacy as to the content contained on electronic devices that have been confiscated.
Discipline is designed to promote behavior that will enable students to learn and successfully participate in their educational and social environments. The school district discipline policy for students who make a threat of violence or commit an act of violence is developed to help students understand their obligations to others in the school setting, secure the safety of all students, staff, and the community, and to correct student behavior if a violation occurs (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 1).
Students will conduct themselves in a manner fitting their age, grade level, and maturity, and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school district owned and/or operated school district or chartered vehicles; while attending or engaged in school district activities; and while away from school district grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and tailored to the age, grade level, and maturity of the student.
Discipline and other responses to threats or incidents of violence by a student with a disability, including removal from a class, placement in a therapeutic classroom, suspensions, and expulsions, will comply with the provisions of applicable federal and state laws including, but not limited to, the IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 3).
Adopted: 11/13/2023
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 school district retains the authority to assign the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 5).
Threat of Violence
Threat of violence means a written, verbal, electronic or behavioral message that either explicitly or implicitly expresses an intention to inflict emotional or physical injury, property damage or assault.
Incident of Violence
Incident of violence means the intentional use of physical force or power against oneself, another person, a group or community or property resulting in injury, property damage or assault.
Injury
Injury means “physical pain, illness or any impairment of physical condition.” State v. McKee, 312 N.W.2d 907, 913 (Iowa 1981).
Property Damage
Property damage means any destruction, damage, impairment or alteration of property to which the individual does not have a right to take such an action. Property means real property, which includes any real estate, building or fixture attached to a building or structure, and personal property, which includes intangible property (Iowa Code section 4.1(21)).
Assault
Assault means when, without justification, a student does any of the following:
an act which is intended to cause pain or injury to or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.
The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace (Following Iowa Code section 708.1).
Levels of Behavior
The following levels are used to determine the school district’s response to situations where the school district has determined that a student has made a threat of violence or caused an incident of violence. The school district’s response will be based upon the administration’s investigation into reports of a threat of violence or an incident of violence, the administration’s application of this policy to the particular facts of each situation, and the administration’s determination of the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence.
Escalating Responses by Grade Band
Grades PK-2
Level |
Escalating Response |
Level 1
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Level 2
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Level 3
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Grades 3-5
Level |
Escalating Response |
Level 1 |
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Level 2 |
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Level 3 |
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Grades 6-8
Level |
Escalating Response |
Level 1 |
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Level 2 |
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Level 3 |
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Grades 9-12
Level |
Escalating Response |
Level 1 |
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Level 2 |
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Level 3 |
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Definitions
Detention means the student's presence is required during non-school hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee or the building principal disciplining the student.
Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.
In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension will not exceed ten consecutive school days.
Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten consecutive school days unless due process is provided as required by federal and state law. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.
Placement in an alternate learning environment means placement of a student in an environment established apart from the regular educational program that includes rules, staff, and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district.
Removal from the classroom means a student is sent to the building principal's office. It is within the discretion of the person in charge of the classroom to remove the student.
Adopted: 11/13/2023
What factors caused you to have a reasonable and articulable suspicion that the search of this student or the student's effects or automobile would turn up evidence that the student has violated or is violating the law, school policy, rules or regulations affecting school order?
Eyewitness account.
By whom: __________________________________________________
Date/Time: _________________________________________________
Place:______________________________________________________
What was seen:_________________________________________________________________________________________________________
Information from a reliable source.
From whom:_________________________________________________
Time Received:______________________________________________
How information was received:__________________________________ ___________________________________________________________
Who received the information: __________________________________
Describe information:_____________________________________________________________________________________________________
Suspicious behavior? Explain. ________________________________________________________________________________________________________
Student's past history? Explain._______________________________________________________________________________________________________
Time of search: __________________________________________________
Location of search: _______________________________________________
Student told purpose of search: _____________________________________
Consent of student requested: ______________________________________
Was the search you conducted reasonable in terms of scope and intrusiveness?
What were you searching for: ___________________________________
Where did you search: ________________________________________
Sex of the student: ___________________________________________
Age of the student: ___________________________________________
Emergency of the situation: ____________________________________
What type of search was being conducted: ________________________
Who conducted the search: ____________________________________
Position: ______________________ Sex: ________________
Witness(s): _________________________________________________
Explanation of Search. ______________________________________________________________________________________________________________
Describe the time and location of the search: ____________________________________________________________________________________________
Describe exactly what was searched: __________________________________________________________________________________________________
What did the search yield: ___________________________________________________________________________________________________________
What was seized: _________________________________________________________________________________________________________________
Were any materials turned over to law enforcement officials? _______________________________________________________________
Were parents notified of the search including the reason for it and the scope: ________________________________________________________________________________________________________________________________
Investigation Conducted in the Educational Environment
Interviews Initiated by School Administrators
Conducted by Administrators
Principals shall have the authority to conduct investigations and to question students pertaining to infractions of school rules, whether or not the alleged conduct is a violation of criminal law.
Conducted by Law Enforcement Officers
The principal/designee shall determine when the necessity exists that law enforcement officers be contacted to conduct an investigation of alleged criminal behavior.
The principal/designee may request that law enforcement officers conduct an investigation of alleged criminal behavior during school hours. A reasonable attempt shall be made to contact the student's parents, guardian or representative prior to questioning of students by law enforcement officers. Such contacts or attempted contacts with parents, guardian or representative shall be documented by the administrator involved. In the absence of a student's parents, guardian or representative during any questioning of such students, the principal or other designated licensed school staff person shall be present.
If the investigation has centered on any particular student suspected of such alleged criminal activity, the procedure of taking students into custody by the police set forth in Section II shall be followed to the extent that they do not interfere with reasonable law enforcement procedures.
Interviews Initiated by Law Enforcement Officers
Although cooperation with law enforcement officers will be maintained, it should not normally be necessary for law enforcement officers to initiate and conduct any investigation and questioning on the school premises during school hours pertaining to criminal activities unrelated to the operation of the school. Only in demonstrated emergency situations, when law enforcement officers find it absolutely necessary, will they be voluntarily permitted to conduct such an investigation during school hours. These circumstances should ordinarily be limited to those in which delay might result in danger to any person, or flight from the jurisdiction of a person reasonably suspected of a crime or destruction of evidence.
In such cases, the officers shall be requested to obtain prior approval of the principal/designee before beginning such an investigation on school premises. The administrator shall document the circumstances of such investigations as soon as practicable. Alleged criminal behavior related to the school environment brought to the principal's attention by law enforcement officers shall be dealt with under Iowa law.
Questioning of Students During Investigation
Violations of School Rules
In instances where school rules have allegedly been violated, the principal/designee may contact the suspected rule violator or potential witness to the infraction.
The suspected student shall be advised orally or in writing of the nature of the alleged offense and of the evidence, if any, against the student.
In questioning a potential student witness to an alleged disciplinary infraction, care should be taken by the administrator to insure that there is a reasonable likelihood that the student was indeed a witness.
Violations of Criminal Law
During an investigation of violation of school rules, it may come to the attention of the administrator that the investigated activity may also be a violation of criminal law. In proceeding with the investigation, the principal/designee can attempt to ascertain whether there is sufficient justification to believe that a criminal offense was committed that warrants contacting law enforcement officials.
Where a suspected violation of criminal law has occurred on the school grounds, involving the operation of the school or during a school-sponsored activity, law enforcement officials may be notified and their presence requested for the questioning of suspected students. Unless circumstances dictate otherwise, questioning of the student shall not begin or continue until the law enforcement officers arrive. Reasonable attempts shall be made to contact a student's parents, guardian or representative who, unless an emergency exists, shall be given the opportunity to confer with the student and to be present with the student during such questioning. The administrator shall document the contact or attempted contact with the student's parents, guardian or representative. The law enforcement officers may wish to advise the student of his/her legal rights.
Taking a Student into Custody
Students may not be released to law enforcement authorities voluntarily by school officials unless the student has been placed under arrest or unless the parent, guardian or representative and the student agrees to the release. Administrators shall make reasonable objections to law enforcement authorities who attempt to remove students from school without placing them under arrest or without the acquiescence of the parent, guardian or representative and the student. When students are removed from school for any reason by law enforcement authorities, reasonable efforts will be made to contact the student's parents, guardian or representative immediately. Such effort shall be documented. The Superintendent's office shall be notified immediately of any removal of a student from school by law enforcement officers under any circumstances.
Where it is necessary to take a student into custody on school premises, and the time permits, the law enforcement officer shall be requested to contact the school principal/designee and relate the circumstances necessitating such action. When possible, the principal/designee shall have the student summoned to the principal's office where the student may be taken into custody.
When an emergency exists, the school principal/designee may summon law enforcement officials to the school to take a student into custody.
When a student has been taken into custody or arrested on school premises without prior notification to the principal/designee, the school staff present shall encourage the law enforcement officers to notify the principal/designee of the circumstances as quickly as possible. In the event that the officers decline to notify the principal/designee, the school staff members present shall immediately notify the principal/designee.
If possible, parents, guardian or representative of the student shall be notified by the principal or other school administrator before the student is taken into custody by law enforcement officers or as quickly thereafter as can be accomplished. The administrator shall document such notification or attempted notification.
Disturbance of School Environment
Law enforcement officers may be requested to assist in controlling disturbances of the school environment which the principal or other school administrator has found to be unmanageable by school personnel or has the potential of causing harm to students and other persons or to property. Such potential of possible harm includes members of the general public who have exhibited inappropriate or illegal conduct on school premises or at a school event held on school property and who have been requested to leave by an administrator, but have refused or failed to do so.
Disseminating and Reviewing Policies
This policy shall regularly be disseminated to staff members. School staff members shall be apprised of the contents of these provisions as they are updated, and at least annually.
School administrators are encouraged to meet at least annually with local law enforcement officials to discuss the district's policy and rules regarding law enforcement contacts with the district. Law enforcement officials will be asked to instruct their staff as to the terms of the school's policy and rules.
The Board supports the use of video cameras on school property, including buses as a means to monitor and maintain a safe environment for students and employees. The contents of the videotapes may be used as evidence in a student disciplinary proceeding.
STUDENT RECORDS
The content of the videotapes is a student record subject to board policy and administrative regulations regarding confidential student records. Only those persons with a legitimate purpose may view the videotapes. In most instances, those individuals with a legitimate educational purpose may be the Superintendent, building principal, directors, teachers, school bus operator, special education staff team, parent or parents and guardian. A videotape recorded during a school sponsored trip, such as an athletic event, may also be accessible to the sponsor or coach of the activity. If the content of the videotape becomes the subject of a student disciplinary proceeding, it may be treated like other evidence in the proceeding.
NOTICE
The district will annually provide notice to students and parents regarding the use of video cameras.
STUDENT CONDUCT
Students are prohibited from tampering with the video cameras. Students found in violation of this regulation shall be disciplined in accordance with the school district discipline policy and shall reimburse the district for any repairs or replacement necessary as a result of the tampering.