502 - Student Rights and Responsibilities

502 - Student Rights and Responsibilities dawn.gibson.cm… Fri, 12/08/2023 - 12:52

502.1 - Student Appearance

The board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees and visitors.

Students are expected to adhere to standards of cleanliness and dress that are compatible with the requirements of a good learning environment. The standards will be those generally acceptable to the community as appropriate in a school setting.

The board expects students to be clean and well-groomed and wear clothes in good repair and appropriate for the time, place and occasion. Clothing or other apparel promoting products illegal for use by minors and clothing displaying obscene material, profanity, or reference to prohibited conduct are disallowed. While the primary responsibility for appearance lies with the students and their parents, appearance disruptive to the education program will not be tolerated. When, in the judgment of a principal, a student's appearance or mode of dress disrupts the educational process or constitutes a threat to health or safety, the student may be required to make modifications.

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

Legal Reference:  Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
  Bethal School District v. Fraser, 478 U.S. 675 (1986).
  Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).
  Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
  Torvik v. Decorah Community School, 453 F.2d 779 (8th Cir. 1972).
  Turley v. Adel Community School District, 322 F.Supp. 402 (S.D. Iowa 1971).
  Sims v. Colfax Comm. School Dist., 307 F.Supp. 485 (Iowa 1970).
Iowa Code § 279.8 (1995).

Cross Reference: 500 Objectives for Equal Educational Opportunities for Students
502 Student Rights and Responsibilities

Approved: 01/9/95
Reviewed: 11/15/21
Revised:

dawn.gibson.cm… Fri, 12/08/2023 - 12:52

502.2 - Care of School Property/Vandalism

Students will treat school district property with the care and the respect they would treat their own property. Students found to have destroyed or otherwise harmed school district property may be required to reimburse the school district. They may be subject to discipline under board policy and the school district rules and regulations. They may also be referred to local law enforcement authorities.

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

Legal Reference: Iowa Code § 279.8; 282.4, .5; 613.16 (2003).

Cross Reference: 502 Student Rights and Responsibilities
802.1 Maintenance Schedule

Approved   4/11/05
Reviewed 11/15/21
Revised

dawn.gibson.cm… Fri, 12/08/2023 - 12:53

502.3 - Student Expression and Student Publications

Student Expression

It is the goal of the district to protect the educational environment for all students to help ensure it is free from substantial disruption or infringement upon their rights. Student expression should be appropriate to help ensure that the students learn and meet the goals of the school activity and that the potential audience is not exposed to material that may be harmful or inappropriate for their level of maturity.

While students will generally be allowed to express their viewpoints and opinions, in certain qualifying circumstances, student speech may require administrative regulation to help ensure the safety and welfare of the school community. The district may regulate speech that: causes or is reasonably anticipated to cause a material and substantial disruption to the education environment; infringes upon the rights of others; is obscene or lewd; is school sponsored; and/or promotes illegal activity. The administration, when making this judgment, will consider whether the activity in which the expression was made is school-sponsored and whether review or prohibition of the students' speech furthers an educational purpose. The expression must be done in a reasonable time, place, and manner that is not disruptive to the orderly and efficient operation of the school district.

The superintendent may develop procedures for safely addressing qualifying types of mass protests by students, including walk-ins and walk-outs. Walk-ins occur when students leave their learning environments during school hours and gather in a group or groups with the purpose of promoting a belief or beliefs. Walk-outs occur when students leave their learning environments during school hours and gather in a group or groups off district property with the purpose of promoting a belief or beliefs.

The superintendent is encouraged to obtain feedback from community stakeholders in the development of these procedures. The goal of the procedures shall be to address student safety, maintain the education environment and promote communication during demonstrations while remaining viewpoint neutral.

Students who violate this policy may be subject to disciplinary measures. Employees are responsible for helping to ensure students' expression is in keeping with this policy. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Student Publications

Students may produce official school publications as part of the curriculum under the supervision of a faculty advisor and the principal. Official school publications include material produced in journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee.

Any expression made by students, including student expression in official school publications, is not an expression of official school policy. The school district, the board, and the employees or officials are

not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student speech or expression. The liability, if any, is only to the extent of the interference or alteration of the speech or expression.

Official school publications are free from prior restraint by employees or officials except as provided by law. A faculty advisor will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech. The production of official school publications is guided by the law and by the ethical standards adopted by professional associations or societies of journalism.

Persons, other than students, who believe they have been aggrieved by student expression in a student-produced official school publication will follow the grievance procedure outlined in board policy 213.1. Students who believe their freedom of expression in a student-produced official school publication has been restricted will follow the grievance procedure outlined in board policy 502.4.

The superintendent is responsible for developing a student publications code. This code will include, but not be limited to, reasonable rules including time, place, and manner of restrictions. The superintendent will also be responsible for distributing this policy and the student publications code to the students and their parents.

Legal Reference: U.S. Const. amend. I.
                                       Iowa Const. art. I (sec. 7)
                                       Morse v. Frederick, 551 U.S. 393 (2007)
                                      Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
                                    Bethel School District v. Fraser, 478 U.S. 675 (1986).
                                      New Jersey v. T.L.O., 469 U.S. 325 (1985).
                                      Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).
                                      Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
                                      Iowa Code §§ 279.8, .73; 280.22

Cross Reference: 102       Equal Educational Opportunity
                                      502       Student Rights and Responsibilities
                                      504       Student Activities
                                      603.9    Academic Freedom
                                      903.5    Distribution of Materials

Approved    07/10/89
Reviewed     11/15/21
Revised     11/15/21

dawn.gibson.cm… Fri, 12/08/2023 - 12:54

502.3R1 - Student Expression and Student Publications Code

Student Expression defined: Student Expression is speech, action or other forms of expression which convey a student’s beliefs, views or opinions.

Official school publications defined: An "official school publication" is material produced by students in journalism, newspaper, yearbook, or writing classes and distributed to students either free or for a fee.
Limitations to Student Expression

1. No student will express, publish or distribute publication material which is:

a. obscene;

b. libelous;

c. slanderous; or

d. encourages students to:

1) commit unlawful acts;

2) violate lawful school regulations;

3) cause the material and substantial disruption of the orderly and efficient operation of the school or school activity;

4) disrupt or interfere with the education program;

5) interrupt the maintenance of a disciplined atmosphere; or

6) infringe on the rights of others.

Responsibilities of students for official school publications.

1. Students writing or editing official school publications will assign and edit the news, editorial and feature contents of the official school publications subject to the limitations of the student publications code and the law.

2. Students will strive to achieve professional standards of accuracy, fairness, objectivity and thoroughness in each and every aspect of official school publications.

3. Students will strive to achieve professional standards of grammar, usage, punctuation and spelling for clarity and accuracy of official school publications.

Responsibilities of faculty advisors for official school publications.

Faculty advisors will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech. Official school publications are produced under the supervision of a faculty advisor. Faculty advisors to students producing official school publications shall supervise the production of the student staff in order to maintain professional standards of English journalism. District employees acting within the scope of their professional ethics will not suffer adverse employment action or retaliated against for acting to protect a student for engaging in authorized student expression or for refusing to infringe on protected student expression.

District employee rights

Any District employee or official, acting within the scope of that person’s professional ethics, if any, shall not be dismissed, suspended, disciplined, reassigned, transferred, subject to termination or nonrenewal of a teaching contract or extracurricular contract, or otherwise retaliated against for acting to protect a student for engaging in expression protected by law, or refusing to infringe upon student expression that is protected by law.

Liability

Student expression, including student expression in an official school publication will not be deemed to be an expression of the school district. The school district, the board, and the employees or officials are not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student expression. The liability, if any, is only to the extent of interference or alteration of the speech or expression.

Appeal procedure

1. Students who believe they have been unreasonably restricted in their exercise of expression in an official student publication will seek review of the decision through the student grievance procedure, under board policy 502.4.

2. Persons who believe they have been aggrieved by a student-produced official student publication will file their complaint through the citizen grievance procedure, under board policy 213.1.

Time, place and manner of restrictions on student expression.

1. Student expression may be conveyed and official student publications may be distributed in a reasonable manner on or off school premises.

2. Student expression and distribution of official school publications in a reasonable manner will not encourage students to:

a. commit unlawful acts;

b. violate school rules;

c. cause the material and substantial disruption of the orderly and efficient operation of the school district or school activity;

d. disrupt or interfere with the education program;

e. interrupt the maintenance of a disciplined atmosphere; or

f. infringe on the rights of others.

dawn.gibson.cm… Fri, 12/08/2023 - 12:57

502.4 - Student Complaints and Grievances

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 3 days of the employee's decision. If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within 3 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.

Legal Reference: Iowa Code § 279.8 (2003).

Cross Reference: 214.1    Board Meeting Agenda
                                   215       Public Participation in Board Meetings
                                  309       Communication Channels
                                  502       Student Rights and Responsibilities
                                  504.3    Student Publications

Approved    4/11/05
Reviewed 11/15/21
Revised

dawn.gibson.cm… Fri, 12/08/2023 - 13:00

502.5 - Student Lockers

Student lockers are the property of the school district. Students shall use the lockers assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school. It shall be the responsibility of students to keep their assigned lockers clean and undamaged.

To ensure students are properly maintaining their assigned locker, the principal of the building may periodically inspect all or a random selection of lockers. Either students or another individual will be present during the inspection of lockers. Student lockers may also be searched, at any time and without advance notice, in compliance with board policy regulating search and seizure.

Legal Reference: Iowa Code §§ 279.8; 280.14; 808A (1995).

Cross Reference: 502 Student Rights and Responsibilities

Approved: 8/14/95
Reviewed:   11/15/21
Revised:    9/13/99

dawn.gibson.cm… Fri, 12/08/2023 - 13:02

502.6 - Weapons

The board believes weapons, other dangerous objects and look-a-likes in school district facilities cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees and visitors on the school district premises or property within the jurisdiction of the school district.

School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes.

Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district. Dangerous weapons include, but are not limited to, any offensive weapon, pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, knife having a blade exceeding five inches in length, or any portable device or weapon directing an electrical current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person.

Parents of students found to possess weapons, dangerous objects or look-a-likes on school property are notified of the incident. Possession or confiscation of weapons or dangerous objects will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.

Students bringing firearms to school or knowingly possessing firearms at school will be expelled for not less than one year. The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis. For purposes of this portion of this policy, the term "firearm" includes, but is not limited to, any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or any explosive, incendiary or poison gas.

Weapons under the control of law enforcement officials are exempt from this policy. The principal may allow authorized persons to display weapons, other dangerous objects or look-a-likes for educational purposes. Such a display will also be exempt from this policy. It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Note: This policy meets state and federal law. Federal law gives an exception, to the mandatory one-year expulsion for weapons possession or bringing to schools, for weapons that are lawfully stored in a locked vehicle on school property. Boards wishing to adopt this exception should amend this policy to reflect that and direct the administration to develop the required procedures designed to ensure student safety.

Legal Reference: No Child Left Behind, Title IV, Sec. 4141, P.L. 107-110 (2002).
Improving America's Schools Act of 1994, P.L. 103-382.
18 U.S.C. § 921 (1994).
McClain v. Lafayette County Bd. of Education, 673 F.2d 106 (5th Cir. 1982).
Iowa Code §§ 279.8; 280.21B; 724 (2003).
281 I.A.C. 12.3(6)

Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
507 Student Health and Well-Being

Approved 4/11/05
Reviewed 11/15/21
Revised 7/19/11

dawn.gibson.cm… Fri, 12/08/2023 - 13:02

502.7 - Smoking - Drinking - Drugs

The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of beer, wine, alcohol, tobacco, e-cigarettes, other controlled substances, or "look alike" substances that appear to be tobacco, e-cigarettes, beer, wine, alcohol or controlled substances by students 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 the misconduct will directly affect the good order, efficient management and welfare of the school 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.

Violation of this policy by students will result in disciplinary action including suspension or expulsion. Use, purchase or being in possession of cigarettes, tobacco or tobacco products, e-cigarettes for those under the age of eighteen, may be reported to the local law enforcement authorities. Possession, use or being under the influence of beer, wine, alcohol and/or of a controlled substance may also be reported to the local law enforcement authorities.

Students who violate the terms of this policy may be required to satisfactorily complete a substance abuse assistance or rehabilitation program approved by the school board. If such student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion.

The board believes the substance abuse prevention program will include:

· Age-appropriate, developmentally-based drug and alcohol curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug and alcohol use and which provide information about effective techniques for resisting peer pressure to use tobacco, drugs or alcohol;

· A statement to students that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful;

· Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of illicit drugs and alcohol by students on school premises or as part of any of its activities;

· A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions;

· A statement that students may be required to successfully complete an appropriate rehabilitation program;

· Information about drug and alcohol counseling and rehabilitation and re-entry programs available to students;

· A requirement that parents and students be given a copy of the standards of conduct and the statement of disciplinary sanctions required; and

· Notification to parents and students that compliance with the standards of conduct is mandatory.

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

Legal Reference: 34 C.F.R. Pt. 86 (2002).
Iowa Code §§ 123.46; 124; 279.8, .9; 453A (2003).
281 I.A.C. 12.3(9); .5(3)(e), .5(4)(e), .5(5)(e), .5(21).

Cross Reference: 502       Student Rights and Responsibilities
                                      503       Student Discipline
                                      507       Student Health and Well-Being

Approved    4/11/05
Reviewed   11/15/21
Revised   11/3/15

dawn.gibson.cm… Fri, 12/08/2023 - 13:05

502.8 - Search and Seizure

School district property is held in public trust by the board. School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation or law has been violated. The search shall be in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities. The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, shall not create a protected student area and shall not give rise to an expectation of privacy with respect to 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, weapons, explosives, poisons and stolen property. Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered buses; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials. The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.

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

Legal Reference: U.S. Const. amend. IV.
                                    New Jersey v. T.L.O., 469 U.S. 325 (1985).
                                    Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).
                                    Iowa Code ch. 808A (1995).
                                    281 I.A.C. 12.3(8).

Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline

Approved: 07/10/95
Reviewed: 11/15/21
Revised: 9/13/99

dawn.gibson.cm… Fri, 12/08/2023 - 13:07

502.8E1 - Search and Seizure Check List

I. What factors caused you to have a reasonable and articulable suspicion that the search of this student or the student's effects, locker or automobile would turn up evidence that the student has violated or is violating the law, school policy, rules or regulation 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    4/11/05
Reviewed   11/15/21
Revised

dawn.gibson.cm… Fri, 12/08/2023 - 13:08

502.8R1 - Search and Seizure Regulation

I. Searches, in general.

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 school 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 school 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

Although school lockers and desks are temporarily assigned to individual students, they remain the property of the school district at all times. The school 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.

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 school 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    4/11/05
Reviewed   11/15/21
Revised

dawn.gibson.cm… Fri, 12/08/2023 - 13:10

502.9 - Interviews of Students by Outside Agencies

Generally, students may not be interviewed during the school day by persons other than parents and school district officials and employees.

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

If a child abuse investigator wishes to interview a student, the principal will defer to the investigator's judgment as to whether the student should be interviewed independently from the student's parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.

Students will not be taken from school without the consent of the principal and without proper warrant.

Legal Reference: Iowa Code § 232; 280.17 (1995).
281 I.A.C. 102.
441 I.A.C. 9.2; 155; 175.
1980 Op. Att'y Gen. 275.

Cross Reference: 402.2   Child Abuse Reporting
502.8   Search and Seizure
503     Student Discipline

Approved: 8/14/95
Reviewed:   11/15/21
Revised:

dawn.gibson.cm… Fri, 12/08/2023 - 13:12

502.10 - Student-To-Student Harassment

Harassment of students by other students will not be tolerated in the school district. This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated vehicles; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management of the school district and directly affects the welfare of the student and school district.

Harassment prohibited by the school district includes, but is not limited to, harassment, including bullying, on the basis of age actual or perceived, race, sex, creed, color, national origin, religion, marital status, sexual orientation, gender identity, physical attributes, physical or mental ability, ancestry, political party preference, political belief, social economic status, familial status or disability. Students whose behavior is found to be in violation of this policy after an investigation be disciplined, up to and including, suspension and expulsion.

Sexual harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

Sexual harassment as set out above, may include, but is not limited to the following:

· verbal, written or electronic harassment or abuse;

· pressure for sexual activity;

· repeated remarks to a person with sexual or demeaning implications;

· unwelcome touching;

· suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, achievements, etc.

Harassment on the basis of race, creed, color, religion, national origin, marital status or disability means conduct of a verbal or physical nature that is designed to unreasonably embarrass, distress, agitate, disturb or trouble students when such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

Harassment as set forth above may include, but is not limited to the following:

· verbal, physical, written or electronic harassment, bullying or abuse;

· repeated remarks of a demeaning nature;

· implied or explicit threats concerning one's grades, achievements, etc.;

· demeaning jokes, stories, or activities directed at the student.

The district will promptly and reasonably investigate allegations of harassment. The building principal will be responsible for handling all complaints by students alleging harassment.

Retaliation against a student because the student has filed a harassment complaint or assisted or participated in a harassment investigation or proceeding is also prohibited, however, the superintendent has the right to discipline students who knowingly file false harassment complaints. A student who is found to have retaliated against another in violation of this policy will be subject to discipline, up to and including, suspension and expulsion.

It will also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop administrative rules regarding this policy. The superintendent will also be responsible for organizing training programs for students and employees. The training will include how to recognize harassment and what to do in case a student is harassed. It will also include effective harassment prevention strategies. The superintendent will also develop a process for evaluating the effectiveness of the policy by reducing harassment in the school district. The superintendent shall report to the board on the progress of reducing harassment in the school district.

Legal References: 20 U.S.C. §§ 1221-1234i (1994).
                                   29 U.S.C. § 794 (1994).
                                42 U.S.C. §§ 2000d-2000d-7 (1994).
                                42 U.S.C. §§ 12001 et. seq. (1994).
                                Iowa Code §§ 216.9; 280.3 (2003).
                                281 I.A.C. 12.3(6).

Cross References: 403.6    Harassment
                                502       Student Rights and Responsibilities
                                503       Student Discipline
                                506       Student Records

Approved    4/11/05
Reviewed 11/15/21
Revised

dawn.gibson.cm… Fri, 12/08/2023 - 13:13

502.10E1 - Harassment Complaint Form

Name of complainant:

Position of complainant:

Date of complaint:

Name of alleged harasser:

Date and place of incident or incidents:

Description of misconduct:

Name of witnesses (if any):

Evidence of harassment, i.e., letters, photos, etc. (attach evidence if possible):

Any other information:

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: ___________________________________________ Date:

Approved    4/11/05
Reviewed 11/15/21
Revised

dawn.gibson.cm… Fri, 12/08/2023 - 13:16

502.10E2 - Witness Disclosure Form

Name of witness:

Position of witness:

Date of testimony, interview:

Description of incident witnessed:

Any other information:

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: ________________________________________ Date:

Approved    4/11/05
Reviewed   11/15/21
Revised

dawn.gibson.cm… Fri, 12/08/2023 - 13:17

502.10R1 - Student-To-Student Harassment Investigation Procedures

Harassment of students by other students will not be tolerated in the school district. This policy is in effect while students are on school grounds, school district property, or on property within the jurisdiction of the school district; while on school-owned and/or school-operated buses, vehicles or chartered buses; while attending or engaged in school activities; and while away from school grounds if the misconduct directly affects the good order, efficient management and welfare of the school district.

Harassment prohibited by the district includes, but is not limited to, harassment on the basis of race, sex, creed, color, national origin, religion, marital status or disability. Students whose behavior is found to be in violation of this policy will be subject to the investigation procedure which may result in discipline, up to and including, suspension and expulsion.

Sexual harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:

submission to such conduct is made either explicitly or implicitly a term or condition or a student's education or of a student's participation in school programs or activities;
submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

Sexual harassment as set out above, may include, but is not limited to the following:

verbal, written or electronic harassment or abuse;
pressure for sexual activity;
repeated remarks to a person with sexual or demeaning implications
unwelcome touching;
suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, achievements, etc.

Harassment on the basis of race, creed, color, religion, national origin, marital status or disability means conduct of a verbal or physical nature that is designed to embarrass, distress, agitate, disturb, or trouble students when:

submission to such conduct is made either explicitly or implicitly a term or condition of a student's education or of a student's participation in school programs or activities;
submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or
such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

Harassment as set forth above may include, but is not limited to the following:

verbal, physical, written or electronic harassment or abuse;
repeated remarks of a demeaning nature;
implied or explicit threats concerning one's grades, achievements, etc.;
demeaning jokes, stories, or activities directed at the student.

Harassment and abuse are violations of school district policies, rules and regulations and, in some cases, may also be a violation of criminal or other laws. The school district has the authority to report students violating this rule to law enforcement officials.

Students who feel that they have been harassed should:

Communicate to the harasser that the student expects the behavior to stop, if the student is comfortable doing so. If the student needs assistance communicating with the harasser, the student should ask a teacher, counselor or principal to help.
If the harassment does not stop, or the student does not feel comfortable confronting the harasser, the student should:
tell a teacher, counselor or principal; and
write down exactly what happened, keep a copy and give another copy to the teacher, counselor or principal including;
what, when and where it happened;
who was involved;
exactly what was said or what the harasser did;
witnesses to the harassment;
what the student said or did, either at the time or later;
how the student felt; and
how the harasser responded.

COMPLAINT PROCEDURE

A student who believes that the student has been harassed shall notify the Elementary Principal, the designated investigator. The alternate investigator is the Superintendent. The investigator may request that the student complete the Harassment Complaint form and turn over evidence of the harassment, including, but not limited to, letters, tapes, or pictures. Information received during the investigation shall be kept confidential to the extent possible.

The investigator, with the approval of the principal, or the principal has the authority to initiate a harassment investigation in the absence of a written complaint.

INVESTIGATION PROCEDURE

The investigator shall reasonably and promptly commence the investigation upon receipt of the complaint. The investigator shall interview the complainant and the alleged harasser. The alleged harasser may file a written statement refuting or explaining the behavior outlined in the complaint. The investigator may also interview witnesses as deemed appropriate.

Upon completion of the investigation, the investigator shall make written findings and conclusions as to each allegation of harassment and report the findings and conclusions to the principal. The investigator will outline the findings of the investigation to the principal.

RESOLUTION OF THE COMPLAINT

Following receipt of the investigator's report, the principal may investigate further, if deemed necessary, and make a determination of the appropriate next step which may include discipline up to and including suspension and expulsion.

Prior to the determination of the appropriate remedial action, the principal may, at the principal's discretion, interview the complainant and the alleged harasser. The principal shall file a written report closing the case and documenting any disciplinary action taken or any other action taken in response to the complaint. The complainant, the alleged harasser and the investigator shall receive notice as to the conclusion of the investigation.

POINTS TO REMEMBER IN THE INVESTIGATION

Evidence uncovered in the investigation is confidential.
Complaints must be taken seriously and investigated.
No retaliation will be taken against individuals involved in the investigation process.
Retaliators will be disciplined up to and including suspension and expulsion.

CONFLICTS

If the investigator is a witness to the incident, the alternate investigator shall be the investigator.

Approved    8/14/95
Reviewed    11/15/21
Revised

dawn.gibson.cm… Fri, 12/08/2023 - 13:18

502.11 - Use of Motor Vehicles

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.

Students who live within one mile of school, and would not otherwise be eligible for a student driving permit, may be eligible for a student driving permit, for driving to and from school and school activities and practices.

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.

Legal Reference: Iowa Code §§ 279.8; 321 (2003).

Cross Reference: 502 Student Rights and Responsibilities

Approved    4/11/05
Reviewed 11/15/21
Revised

dawn.gibson.cm… Fri, 12/08/2023 - 13:20