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 District property or on property within the jurisdiction of the 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 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 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.

Teachers and/or others who are in charge of a classroom must be the administrators of classroom discipline. Therefore, minor disciplinary offenses are the responsibility and obligation of the classroom teacher. When a situation arises wherein the educational process is substantially interfered with, it then becomes the responsibility of the administration to assist in the disposition of the discipline problem.

Impermissible Conduct

Students may be disciplined for conduct that violates commonly held notions of unacceptable, immoral, or inappropriate behavior that includes, but is not limited to, the following:

1. Open and/or persistent defiance of authority, school rules, and regulations (including

extracurricular rules);

2. Assault or threatened assault on another person;

3. Extortion, intimidation, or coercion;

4. Inciting others to violate the law or school rules;

5. Vandalism;

6. Gambling;

7. Theft or possession of stolen goods/property;

8. Sale, manufacture, or distribution of illegal drugs, controlled substances, imitation

controlled substances, or drug paraphernalia;

9. Possession, use, or being under the influence of illegal drugs, controlled substances,

imitation controlled substances, or drug paraphernalia.

10. Possession, use or threatening to use any instrument that is generally considered a weapon, an instrument that is normally not considered a weapon as a weapon, an imitation weapon, or an explosive;

11. Possession, use, or being under the influence of alcoholic beverages;

12. Use, possession, and/or transmission of tobacco, or imitation substances;

13. Profanity;

14. Possession of pornographic/obscene literature, items, or materials;

15. Student dress which is suggestive, condones illegal activity, or in some way disrupts the educational process;

16. Failure to abide by corrective measures for previous acts of misconduct;

17. Harassment in any form of another person;

18. Conduct which discriminates against others based upon an individual's age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status or familial status;

19. Destruction, damage, unauthorized use, inappropriate use, and/or manipulation of hardware, software, or any aspect or component of the school's electronic information system including the internet; or

20. Inappropriate sexual conduct including harassment, indecent exposure, and visible display of affection.

A student who commits an assault against an employee District property or on property within the jurisdiction of the District; while on school-owned or school-operated chartered vehicles; while attending or engaged in District activities will be suspended by the principal. Notice of the suspension will be 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.

Sanctions for Misconduct

The District may impose a range of disciplinary measures for acts of misconduct. Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion. Discipline will be administered depending on the severity and frequency of the acts of misconduct. The imposition of discipline will be within the discretion of the individual responsible for imposing the discipline. In instances where there has been a violation of the law, as well as school rules, appropriate law enforcement officials will be contacted and may become involved in the District's administration of discipline. The school reserves the right to seek restitution from the parents/guardians of a student or the student for damage caused by the student.

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 Saturday. 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 in-school suspension, an out-of-school suspension, a restriction from activities or loss of eligibility. An 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. 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 and classes and practice but will not participate in other 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.

-----------------------------------------------------------------------------------------------------------------

Approved: 1/9/84

Reviewed: 6/10/19

Revised: 11/9/09; 5/13/13

 

 

District property is held in public trust by the Board. 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 is 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 District facilities.

The furnishing of a locker, desk, or other facility or space owned by the District and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will 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 District property or on property within the jurisdiction of the District; while on District 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. 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 District premises or property within the jurisdiction of the District.

-----------------------------------------------------------------------------------------------------------------

Approved: 8/11/86

Reviewed: 6/10/19

Revised: 10/12/09; 5/13/13; 12/9/19

 

 

I. 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, District policy, and/or rules or regulations affecting school order?

A. Eyewitness account.

1. By whom: _________________________________________________________________________________________________

2. Date/Time:_________________________________________________________________________________________________

3. Place: ____________________________________________________________________________________________________

4. What was seen: ____________________________________________________________________________________________

B. Information from a reliable source.

1. From whom: _______________________________________________________________________________________________

2. Time received: _____________________________________________________________________________________________

3. How information was received: ________________________________________________________________________________

4. Who received the information: _________________________________________________________________________________

5. Describe information: ________________________________________________________________________________________

C. Suspicious behavior? Explain.

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

D. Student's past history? Explain.

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

E. Time of search:

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

F. Location of search:

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

G. Student told purpose of search:

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

H. Consent of student requested:

____________________________________________________________________________________________________________

____________________________________________________________________________________________________________

II. Was the search you conducted reasonable in terms of scope and intrusiveness?

A. What were you searching for:___________________________________________________________________________________

B. Where did you search?________________________________________________________________________________________

C. Sex of the student:____________________________________________________________________________________________

D. Age of the student:____________________________________________________________________________________________

E. Exigency of the situation:_______________________________________________________________________________________

F. What type of search was being conducted:_________________________________________________________________________

G. Who conducted the search:_____________________________________________________________________________________

Position:________________________________________________________ Sex:_______________________________

H. Witness(s):__________________________________________________________________________________________________

III. Explanation of Search.

A. Describe the time and location of the search:_______________________________________________________________________

_____________________________________________________________________________________________________________

B. Describe exactly what was searched:_____________________________________________________________________________

_____________________________________________________________________________________________________________

C. What did the search yield:______________________________________________________________________________________

D. What was seized:_____________________________________________________________________________________________

E. Were any materials turned over to law enforcement officials?____________________________________________________________

F. Were parents notified of the search including the reason for it and the scope:_______________________________________________

______________________________________________________________________________________________________________

-----------------------------------------------------------------------------------------------------------------

Approved:     5/13/13                                            Reviewed:  6/10/19                                       Revised: 5/13/13

I. General Searches.

A. Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or District policy, rules, or regulations affecting school order. Reasonable suspicion may be formed by considering factors such as the following:

(1) Eyewitness observations by employees;

(2) Information received from reliable sources;

(3) Suspicious behavior by the student; or,

(4) The student's past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.

B. Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:

(1) The age of the student;

(2) The sex of the student;

(3) The nature of the infraction; and

(4) The emergency requiring the search without delay.

II. Types of Searches

A. Personal Searches

1. A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated District policies, rules, regulations or the law affecting school order.

2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.

(a) Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.

(b) A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened. Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.

B. Locker and Desk Inspections

1. Although school lockers and desks are temporarily assigned to individual students, they remain the property of the District at all times. The District has a reasonable and valid interest in insuring the lockers and desks are properly maintained. For this reason, lockers and desks are subject to unannounced inspections and students have no legitimate expectations of privacy in the locker or desk. Periodic inspections of all or a random selection of lockers or desks may be conducted by school officials in the presence of the student or another individual. Any contraband discovered during such searches will be confiscated by school officials and may be turned over to law enforcement officials.

2. The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a school official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or District policy or rule. Such searches should be conducted in the presence of another adult witness when feasible.

C. Automobile Searches

Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that illegal, unauthorized, or contraband items are contained inside.

-----------------------------------------------------------------------------------------------------------------

Approved:    5/13/13                                           Reviewed:   6/10/19                                                      Revised: 5/13/13

Student lockers are the property of the District. Students will use the lockers assigned to them by the 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.

-----------------------------------------------------------------------------------------------------------------

Approved: 8/11/97

Reviewed: 6/10/19

Revised: 11/29/09; 5/13/13

District officials and employees may interview students during the school day. Generally, students may not be interviewed during the school day by persons other than parents and school district officials and employees. For purposes of this policy, the school resource police officer and juvenile court officer shall be considered a school employees.

Requests from law enforcement officers and from persons other than parents, school district officials, and employees to interview students are made through the principal's office. Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted. Generally, prior to granting a request, the principal will 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.

-----------------------------------------------------------------------------------------------------------------

Approved: 2/14/74                                 Reviewed:                                          Revised: 1/11/10; 5/13/13; 6/10/19

Investigation Conducted in the Educational Environment

     A. Interviews Initiated by School Administrators

1. Conducted by Administrators
   
   1. 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.
2. Conducted by Law Enforcement Officers
   
   1. The principal/designee shall determine when the necessity exists that law enforcement officers be contacted to conduct an investigation of alleged criminal behavior.
   2. 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 certificated school staff person shall be present.
   3. 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

1. 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.
2. 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.
3. Questioning of Students During Investigation
   1. Violations of School Rules
      
      1. In instances where school rules have allegedly been violated, the principal/designee may contact the suspected rule violator or potential witness to the infraction.
      2. 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.
      3. 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.
         1. Violations of Criminal Law
            
            1. 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.
            2. 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

1. 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.
2.  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.
   1. When an emergency exists, the school principal/designee may summon law enforcement officials to the school to take a student into custody.
      1. 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.
      2. If possible, the student’s parents, guardian, or representative 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

1. 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

1. 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.
2. 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 staffs as to the terms of the school's policy and rules.

-----------------------------------------------------------------------------------------------------------------

Approved: 5/13/13                                                Reviewed:   6/10/19                                                       Revised:

Student complaints and grievances regarding Board policy or administrative regulations and other matters should be addressed to the student's teacher or another licensed employee, other than the administration, for resolution of the complaint. It is the goal of the board to resolve student complaints at the lowest organizational level.

If the complaint cannot be resolved by a licensed employee, the student may discuss the matter with the principal within five (5) days of the employee's decision. If the matter cannot be resolved by the principal, the student may discuss it with the Superintendent within five (5) 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.

-----------------------------------------------------------------------------------------------------------------

Approved: 5/13/13

Reviewed:  6/10/19

Revised:

A. Probation

1. Probation is conditional attendance of a student during a trial period. Probation may be imposed by the principal for infractions of school rules which do not warrant removal from school. The following procedures shall be followed when probation is imposed.

2.The principal will conduct an informal investigation of the allegations against the student prior to imposition of probation. The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond. Probationary status will not be imposed for longer than ten (10) school days. Written notice and reasons for the probation will be sent to the parents.

3. Should the student breach the condition imposed for probation, the student may be removed from academic or extra-curricular privileges or have more severe penalties such as suspension, imposed. An investigation similar to that of the informal investigation described above shall be conducted to determine whether the condition imposed has been breached.

B. In-School Suspension

1. In-school suspension is the temporary isolation of a student from one or more classes while under administrative supervision. In-school suspensions may be imposed by the principal for infractions of school rules which are serious but which do not warrant the necessity of removal from school. Credit for work made up while under suspension will be determined by the building principal.

2. The principal will conduct an investigation of the allegations against the student prior to imposition of an in-school suspension. The investigation will include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond. In-school suspension will not be imposed for more than five school days or ten school days with the approval of the Superintendent. Written and oral notice of the in-school suspension and reasons for the in-school suspension will be sent to the student's parents and the Superintendent.

C. Out-of-School Suspension

1. Out-of-school suspension is the removal of a student from the school environment for periods of short duration. Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.

2. A student may be suspended out-of-school for not more than five school days by a principal, or ten days with approval of the Superintendent. Out-of-school suspension will be imposed for the commission of gross or repeated infractions of school rules, regulations, policies, or the law, or when the presence of the student will cause interference with the maintenance of the educational environment or the operation of the school. The principal may suspend students only after conducting an informal investigation of the charges against the student, and giving the student:

1. Oral or written notice of the allegations against the student;
2. The basis in fact for the charges, and;
3. The opportunity to respond to those charges.

At the principal's discretion, the student may be allowed to confront witnesses against the student or present witnesses on behalf of the student.

3. The notice to the student, investigation, and informal hearing must precede removal of the student from school. However, nothing should prevent the immediate suspension of a student when the student's continued presence on the school grounds endangers the student's safety or well-being, the safety or well- being of other members of the school community, or substantially interferes with the proper functioning of the school. In the instance of an immediate suspension, a hearing will be held within three (3) school days to determine future action. In the event the suspension occurred prior to the hearing, the person responsible shall document the basis of the necessity for such action.

4. Notice of the out-of-school suspension will be mailed to the student’s parents, the Superintendent and the president of the Board of Education, no later than the end of the school day following the suspension. A reasonable effort shall be made to personally notify the student's parents by telephone or personal contact, and such effort shall be documented by the person making or attempting to make such contact. Written notice to the parents will include the circumstances which led to the suspension and a copy of the Board policy and rules pertaining to the suspension.

D. Suspensions and Special Education Students

1. Following the suspension of a special education student, an informal evaluation of the student's placement shall take place. The student's Individual Education Program (I.E.P.) shall be 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-school or out-of-school, equal ten days on a cumulative basis, a staffing team shall meet to determine whether the student's I.E.P. is appropriate.

2. Students who have not been identified as special education students may be referred for evaluation after the student's suspension to determine whether the student has a disability and is in need of special education.

-----------------------------------------------------------------------------------------------------------------

Approved: 1/9/84

Reviewed: 6/10/19

Revised: 5/13/13

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 re- admit 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:

1. Notice of the reasons for the proposed expulsion written with sufficient specificity to enable the student to prepare a defense;
2. Notice of the date, time, and place of the expulsion hearing sufficiently in advance of the hearing to enable the student to obtain the assistance of counsel and to prepare a defense;
3. Notice that the student is entitled to a closed hearing unless an open hearing is specifically requested;
4. The names of the witnesses the Superintendent will present, if available, and a statement of the facts to which each witness will testify;
5. Notice that the student will be given an opportunity to present a defense against the charges; to provide either oral testimony or written affidavits of witnesses; to present documents; to be given copies of documents which will be introduced by the administration, and to cross-examine adverse witnesses, if available; and
6. Notice that the student has the right to be represented by counsel.

At the hearing, the student will have all of the rights given in the notice and may give an opening and closing statement in addition to calling witnesses and cross-examining adverse witnesses. The Board hearing the expulsion matter must be impartial (i.e. have no prior involvement in the situation, have no stake in the outcome, and have no personal bias or prejudice).

After the Board has heard the expulsion matter, it shall go into deliberations. No one who advocated a position at the hearing of the matter should be present during the Board’s deliberations unless the other party or parties are also permitted to attend deliberations. The student has a right to a decision based solely on the evidence presented at hearing. There must be an adequate factual basis for the Board’s decision. A preponderance of the evidence standard is sufficient to find the student violated the rule or policy at issue. Following the Board’s deliberations, the Board shall reconvene in open session and render its decision on the Superintendent’ recommendation for expulsion. The student is entitled to a written decision setting out the Board’s findings and conclusions as to the charges and the penalty.

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 District. If a change in placement is not recommended, a determination shall be made within the student's I.E.P. and the law as to how to manage the student's behavior to prevent the student's possible future misconduct.

-----------------------------------------------------------------------------------------------------------------

Approved: 1/9/73

Reviewed: 6/10/19

Revised: 11/9/09; 5/13/13

The Board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of beer, wine, alcohol, tobacco, nicotine, other controlled substances, or "look alike" substances that appear to be tobacco, nicotine, beer, wine, alcohol or controlled substances by students while on District property or on property within the jurisdiction of the District; while on District- owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct will directly affect the good order, efficient management, and welfare of the District.

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.

Each violation of this policy shall be reviewed by the appropriate administrator within a reasonable time after the alleged violation. Both the student and their parents shall have the opportunity to discuss the matter with the administrator before the administrator makes a decision.

The penalty for such violations may include suspension or expulsion. Participation in activities, including practices, shall also be prohibited during any period of suspension or expulsion. A student suspended or expelled under this policy will be allowed to return to classes upon completion of the suspension/expulsion period and enrollment in a program of substance abuse evaluation with an agency approved by the District. It shall be the responsibility of the student and/or their parent to enroll in the program of substance abuse evaluation.

School officials will notify law enforcement when a student is suspected of possessing, using, distributing or selling any illegal controlled substance on school property or at school sponsored or approved events off the school grounds at any time, including official school events at other schools, unless reporting would jeopardize the District's at-risk or student assistance program. Such reports must be made before the incident becomes part of the student's record, i.e., before it is written down.

This policy does not affect nor rescind policies in effect for students who may also be disciplined through the activity policies of the athletic department or other departments.

-----------------------------------------------------------------------------------------------------------------

Approved: 4/9/84

Reviewed: 6/10/19

Revised: 11/9/09; 5/13/13; 12/9/19

The Board believes weapons, other dangerous objects and look-a-likes in 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 District premises or property within the jurisdiction of the District.

District facilities are not an appropriate place for weapons, dangerous objects, look-a-likes, or any instrument used as a weapon. Weapons, other dangerous objects, look-a-likes, and any instrument used as a weapon will be taken from students and others who bring them onto District property or onto property within the jurisdiction of the District or from students who are within the control of the District.

Parents of students found to possess weapons, dangerous objects, look-a-likes, or any instrument used as a weapon on District property shall be notified of the incident. Confiscation of weapons, dangerous objects, look-a-likes, or any instrument used as a weapon will be reported to law enforcement officials.

Students bringing firearms to school or knowingly possessing firearms at school will be expelled for not less than one year. The Superintendent or the Superintendent’s designee 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 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. Students bringing a weapon, look-a-like, other dangerous object, or any instrument used as a weapon onto District property or onto property within the jurisdiction of the District may be suspended or expelled from school.

For purposes of this policy, the term “dangerous object” includes any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed. The term “dangerous object” also includes any instrument or device or any sort whatsoever which is actually used in such a manner as to indicate that the individual intends to inflict death or injury upon the other, and which, when so used, is capable of inflicting death upon a human being. In addition, dangerous objects or any instrument used as a weapon in the school includes any object used to intimidate, coerce, scare or threaten a student, school district employee or visitor. Dangerous objects therefore include, but are not limited to, clubs, nunchakus, brass knuckles, knives regardless of blade length, stun guns, BB and pellet guns, toy guns used or displayed as real guns, and unloaded guns.

Weapons under the control of law enforcement officials are exempt from this policy. The Superintendent may allow law enforcement to display weapons, other dangerous objects or look-a-likes for educational purposes.

-----------------------------------------------------------------------------------------------------------------

Approved: 9/19/04                                       Reviewed:                                                     Revised: 10/12/09; 5/13/13; 6/19/19, 8/22/22; 6/22/23

Students utilizing school transportation shall conduct themselves in an orderly manner fitting to their age level and maturity with mutual respect and consideration for the rights of the bus driver and the passengers. Students who fail to behave in an orderly manner will be subject to disciplinary measures.

The school vehicle driver shall have the authority to maintain order on the school vehicle. It shall be the responsibility of the driver to report misconduct to the building administrator. Once an infraction occurs, the following bus discipline procedure shall be used to maintain an orderly atmosphere on the school vehicle:

Bus Discipline Procedure

In the event a general education student's conduct is inappropriate while being transported to and from school, the following actions could result:

Step 1) A student/driver conference will be held centering around the student’s behavior, the rule that was violated, and the expectations for the future. The parents of the student will be contacted by the building principal. A written report will be filed with the building principal of the student and a copy forwarded to the parents along with a copy of the bus policy.

Step 2) A student/driver/principal conference will be held concerning the incident. A written report will be filled out by the driver and principal. The building principal will contact the parents of the student and an accompanying letter will be sent to the parents along with a copy of the bus policy. The student will be suspended from bus privileges from one to five days.

 Step 3) A student/driver/principal conference will be held concerning the incident. A written report will be filled out by the driver and principal. The building principal will contact the parents of the student and an accompanying letter will be sent to the parents along with a copy of the bus policy. The student will be suspended from bus privileges from five to ten days. A parent/student/driver/principal conference will be held prior to the return of the student to bus privileges.

Step 4) A student/driver/principal conference will be held concerning the incident. A written report will be filled out by the driver and principal. The building principal will contact the parents of the student and an accompanying letter will be sent to the parents. At this time the bus policy and the due process hearing procedure will be presented to the parent/guardian. The student will be suspended from bus privileges pending the result of a hearing by the Spirit Lake Board of Education.

In the event a special education student's conduct is inappropriate while being transported to and from school, the following actions could result:

Step 1) A student/driver conference will be held centering around the student’s behavior, the rule that was violated, and the expectations for the future. The parents of the student will be contacted by the driver. A written report will be filed with the building principal of the student and a copy forwarded to the parents along with a copy of the bus policy.

Step 2, 3, & 4) A student/driver/principal conference will be held concerning the incident. In addition, the student's IEP Team will meet to determine appropriate educational options and transportation for the student. A written report will be filled out by the driver and principal. The building principal will contact the parents of the student and an accompanying letter will be sent to the parents along with a copy of the bus policy.

Those student riders whose privileges have already been suspended by the board during one academic year could start on step 2 or 3 of this procedure the next academic year. If the offense jeopardizes the safety of other students and the bus driver, action may be processed at step 3.

-----------------------------------------------------------------------------------------------------------------

Approved: 5/13/13                               Reviewed:                                       Revised: 6/10/19

While the primary responsibility for appearance lies with the students and their parents, appearance disruptive to the education program will not be tolerated. 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.

When, in the judgment of the 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.

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.

-----------------------------------------------------------------------------------------------------------------

Approved: 5/13/13                                  Reviewed: 6/10/19                                 Revised:

Student expression, other than student expression in student-produced official school publications, made on the District premises or under the jurisdiction of the District or as part of a school-sponsored activity may be attributed to the District; therefore, student expression must be responsible. Student expression must be appropriate to assure 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.

Students will be allowed to express their viewpoints and opinions as long as the expression is responsible. The expression will not, in the judgment of the administration, encourage the breaking of laws, defame others, be obscene or indecent, or cause a material and substantial disruption to the educational program. 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. Further, the expression must be done in a reasonable time, place, and manner that is not disruptive to the orderly and efficient operation of the District.

Students who violate this policy may be subject to disciplinary measures. Employees are responsible for insuring students' expression is in keeping with this policy.

-----------------------------------------------------------------------------------------------------------------

Approved: 8/12/91                    Reviewed: 6/10/19                                     Revised: 12/14/09; 5/13/13

The Board recognizes the convenience to families and students of having students drive to and park at their school attendance center. Driving a motor vehicle to and parking it at the student's attendance center is a privilege.

Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center. Students may not loiter around or be in their vehicle during the school day without permission from the principal. Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center. Students who drive shall enter and leave the parking lot by the routes designated by the principal.

Cars will remain parked from the time the student arrives at school until school is dismissed for the day, unless the student has specific permission from the high school principal or Superintendent to drive. There is to be no eating of lunches or loitering in parked vehicles.

Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the building principal. Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.

-----------------------------------------------------------------------------------------------------------------

Approved: 11/14/67                           Reviewed:  6/10/19                                           Revised: 12/14/09; 5/13/13