502 - Student Rights and Responsibilities

502 - Student Rights and Responsibilities dawn.gibson.cm… Tue, 10/03/2023 - 11:22

502.01 - 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 is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.

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

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

Approved     1/18/21
Reviewed
Revised

dawn.gibson.cm… Tue, 10/03/2023 - 11:22

502.02 - 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 is the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding this policy.

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

Cross Reference: 502 Student Rights and Responsibilities
802.1 Maintenance Schedule

Approved      1/18/21
Reviewed
Revised

dawn.gibson.cm… Tue, 10/03/2023 - 11:24

502.03 - 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 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 educational 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 ensuring students' expression is in keeping with this policy. It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

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; 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     1/18/21
Reviewed
Revised

dawn.gibson.cm… Tue, 10/03/2023 - 11:24

502.04 - 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 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 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.

Legal Reference: Iowa Code § 279.8

Cross Reference: 210.8                                Board Meeting Agenda
                                     213                                    Public Participation in Board Meetings
                                     307                                    Communication Channels
                                     502                                    Student Rights and Responsibilities
                                     504.3                                Student Publications

Approved        1/18/21
Reviewed
Revised

dawn.gibson.cm… Tue, 10/03/2023 - 11:26

502.05 - Student Lockers

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

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

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

Cross Reference: 502 Student Rights and Responsibilities

Approved     1/18/21
Reviewed
Revised

dawn.gibson.cm… Tue, 10/03/2023 - 11:27

502.06 - 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.

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, dangerous objects or look-a-likes 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, or otherwise defined by applicable law.

Weapons under the control of law enforcement officials or other individuals specifically authorized by the board are exempt from this policy. Students and individuals approved in writing by the Superintendent who are actively engaging in a school district approved firearms safety course, hunter education course or shooting sports activity are exempt from this policy. The superintendent will develop an administrative process or procedures to implement the policy and communicate with law enforcement relevant exemptions to this policy as appropriate.

Legal Reference: 18 U.S.C. § 921
Iowa Code §§ 279.8; 280.21B; 483A.27(11), 724
281 I.A.C. 12.3(6)

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

Approved      1/18/2021
Reviewed      7/15/2024
Revised    7/15/2024

dawn.gibson.cm… Tue, 10/03/2023 - 11:28

502.07 - Student Substance Abuse

The board believes it is imperative to promote the health and well-being of all students in the district. The district will provide a substance use prevention program and set restrictions on substance use by students in accordance with applicable law.

The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of alcohol, tobacco/nicotine products, other controlled substances, or "look alike" substances that appear to be tobacco/nicotine products, alcohol or controlled substances by students while on school district property or on property within the jurisdiction of the school district; 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. "Controlled substances" in this policy refers to the misuse of both licit and illicit drugs.

The board believes such illegal, unauthorized or contraband materials generally cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors.

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

Students who violate the terms of this policy may be required to satisfactorily complete a substance use 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 use prevention program will include:

Age-appropriate, evidence-based substance use prevention curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug and alcohol use and which provide information about effective techniques for resisting social pressure to use tobacco, drugs or alcohol;
A statement to students that the use of controlled substances and the unlawful possession and use of tobacco/nicotine products and alcohol is harmful to student well-being;
Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of controlled substances, tobacco/nicotine products and/or alcohol by students on school premises or as part of any of its activities;
A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions;
A statement that students may be required to complete a substance use evaluation to determine whether substance use disorder treatment is recommended and, if recommended, successfully complete an appropriate rehabilitation program;
Information about drug and alcohol counseling and rehabilitation and re-entry programs available to students;
A requirement that parents and students be given a copy of the standards of conduct and the statement of disciplinary sanctions required; and,
Notification to parents and students that compliance with the standards of conduct is mandatory.

It 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
Iowa Code §§ 123.46; 124; 279.8, .9; 453A.
281 I.A.C. 12.3(6); .5(3)(e), .5(4)(e), .5(5)(e)

I.C. Iowa Code   Description
Iowa Code § 123.46   Consumption/Intoxication in Public
Iowa Code § 124   Controlled Substances
Iowa Code § 279.8   Directors - General Rules - Bonds of Employees
Iowa Code § 279.9   Directors - Powers and Duties - Controlled Substances
Iowa Code § 453A   Tobacco, Nicotine, Vapor Products - Taxes, Regulations
I.A.C. Iowa Administrative Code   Description
281 I.A.C. 12.3   Administration
281 I.A.C. 5   Public Records - Fair Access
C.F.R. - Code of Federal Regulations   Description
34 C.F.R. Pt. 86   Education - Drug and Alcohol Abuse Prevention

Approved    1/18/21
Reviewed     2/19/2024
Revised      2/19/2024

dawn.gibson.cm… Tue, 10/03/2023 - 11:30

502.08 - 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 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 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, will not create a protected student area and will 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/nicotine, weapons, explosives, poisons and stolen property. Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered 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 school district premises or property within the jurisdiction of the school district.

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

Legal Reference: U.S. Const. amend. IV.
                                     New Jersey v. T.L.O., 469 U.S. 325 (1985).
                                     Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).
                                     Iowa Code ch. 808A
                                    281 I.A.C. 12.3(6).

Cross Reference: 502                                    Student Rights and Responsibilities
                                     503                                    Student Discipline
                                     905.2                                Tobacco/Nicotine-Free Environment

Approved    1/18/21
Reviewed
Revised

dawn.gibson.cm… Tue, 10/03/2023 - 11:31

502.08E1 - Search and Seizure Checklist

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, school policy, 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 behaviour? Explain.
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________

D. Time of search: ___________________________________________

E. Location of search: ________________________________________

F. Student told purpose of search: _______________________________

G. 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 scope:
_______________________________________________________

dawn.gibson.cm… Tue, 10/03/2023 - 11:32

502.08R1 - 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 ensuring 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.

dawn.gibson.cm… Tue, 10/03/2023 - 11:47

502.09 - 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 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.

Legal Reference: Iowa Code §§ 232; 280.17.
281 I.A.C. 102.
441 I.A.C. 9.2; 155; 175.

Cross Reference: 402.2                                Child Abuse Reporting
                                     502.08 Search and Seizure
                                     503                                    Student Discipline
                                     902.2                                News Conferences and Interviews

Approved    1/18/21
Reviewed
Revised

dawn.gibson.cm… Tue, 10/03/2023 - 11:48

502.10 - 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 or at either their attendance center or a shared district’s attendance center for the purpose of attending extracurricular activities. 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, as determined by school administration.

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.

Cross Reference: 502 Student Rights and Responsibilities

Approved     1/18/21
Reviewed
Revised

dawn.gibson.cm… Tue, 10/03/2023 - 11:50