503 - Student Discipline
503 - Student Discipline dawn.gibson.cm… Tue, 10/03/2023 - 11:51503.01 - Student Conduct
503.01 - Student ConductThe board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises. Appropriate classroom behavior allows teachers to communicate more effectively with students.
Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.
Students who fail to abide by this policy, and the administrative regulations supporting it, may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the orderly and efficient operation of the school district or school activity; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere. Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.
A student who commits an assault against an employee on school district property or on property within the jurisdiction of the school district; while on school-owned or school-operated chartered vehicles; or while attending or engaged in school district activities will be suspended by the principal. Notice of the suspension is sent to the board president. The board will review the suspension and decide whether to hold a disciplinary hearing to determine whether to impose further sanctions against the student which may include expulsion. In making its decision, the board shall consider the best interests of the school district, which shall include what is best to protect and ensure the safety of the school employees and students from the student committing the assault. Assault for purposes of this section of this policy is defined as, when, without justification, a student does any of the following:
The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.
Removal from the classroom means a student is sent to the building principal's office. It is within the discretion of the person in charge of the classroom to remove the student.
Detention means the student's presence is required during non-school hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee or the building principal, disciplining the student.
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 consecutive school days. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.
Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded. The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty. Failure of the student to meet these conditions and terms will result in immediate reinstatement of the penalty.
Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.
Discipline of special education students, including suspensions and expulsions, will comply with the provisions of applicable federal and state laws.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Goss v. Lopez, 419 U.S. 565 (1975).
Brands v. Sheldon Community School District, 671 F. Supp. 627 (N.D. Iowa 1987).
Sims v. Colfax Comm. School Dist., 307 F. Supp. 485 (Iowa 1970).
Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).
Iowa Code §§ 279.8; 282.3, 282.4, 282.5; 708.1.
281 I.A.C. 12.3(6)
Cross Reference: 501 Student Attendance
502 Student Rights and Responsibilities
504 Student Activities
603.3 Special Education
903.5 Distribution of Materials
Approved 1/18/21
Reviewed
Revised
503.01R1 - Student Suspension
503.01R1 - Student SuspensionAdministrative Action
A. Probation
1. Probation is conditional suspension of a penalty for a set period of time. Probation may be imposed by the principal for infractions of school rules which do not warrant the necessity of removal from school.
2. The principal will conduct an 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. Written notice and reasons for the probation will be sent to the parents.
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.
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 ten school days. Written notice and reasons for the in-school suspension will be sent to the student's parents.
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 up to ten school days by a principal for a commission of gross or repeated infractions of school rules, regulations, policy 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 after conducting an investigation of the charges against the student, giving the student:
a. Oral or written notice of the allegations against the student, and
b. 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. Notice of the out-of-school suspension will be mailed no later than the end of the school day following the suspension to the student's parents and the superintendent. A reasonable effort is made to personally notify the student's parents and such effort is documented by the person making or attempting to make the 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. Students who have been identified as special education students may be referred for a review of the student's Individual Education Program (IEP). The IEP may be revised to include a continuum of intervention strategies and programming to change the behavior.
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.
503.02 - Expulsion
503.02 - ExpulsionOnly the board may remove a student from the school environment. The removal of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.
Students may be expelled for violations of board policy, school rules or the law. It is within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.
It is within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student. The principal will keep records of expulsions in addition to the board's records.
When a student is recommended for expulsion by the board, the student is provided with:
1. Notice of the reasons for the proposed expulsion;
2. The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;
3. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;
4. The right to be represented by counsel; and
5. The results and finding of the board in writing open to the student's inspection.
In addition to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually guilty of the misconduct. A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement. Discussions and conclusions of this meeting should be recorded.
If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures. If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.
Legal Reference: Goss v. Lopez, 419 U.S. 565 (1975).
Wood v. Strickland, 420 U.S. 308 (1975).
Southeast Warren Comm. School District v. Dept. of Public Instruction, 285 N.W.2d 173 (Iowa 1979).
Iowa Code §§ 21.5; 282.3, .4, .5.
281 I.A.C. 12.3(6).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
Approved 1/18/21
Reviewed
Revised
503.03 - Fines - Fees - Charges
503.03 - Fines - Fees - ChargesThe board believes students should respect school district property and assist in its preservation for future use by others. Students may be assessed fines, charges, or fees for the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.
The superintendent will inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually. Parents of students meeting specific financial eligibility standards will be eligible for a waiver of student fees or a reduction of student fees based upon the request of the parent. It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code §§ 256.7(20); 279.8; 280.10, .11; 282.6; 285.1; 301.1.
281 I.A.C. 18.2.
Cross Reference: 501.16 Homeless Children & Youth
502 Student Rights and Responsibilities
503 Student Discipline
Approved 1/18/21
Reviewed
Revised
503.03E1 - Standard Fee Waiver Application
503.03E1 - Standard Fee Waiver ApplicationDate _________________ School year __________________
All information provided in connection with this application will be kept confidential.
Name of student: ____________________________________________ Grade in school __________________
Name of student: ____________________________________________ Grade in school __________________
Name of student: ____________________________________________ Grade in school __________________
Attendance Center/School _____________________________________________________________________
Name of parent, guardian: ______________________________________________________________________
or legal or actual custodian
Please check type of wavier desired:
Full waiver _________ Partial waiver _________ Temporary waiver _________
Please check if the student or the student's family meets the financial eligibility criteria or is involved in one of the following programs:
Full waiver
_________ Free meals offered under the Children Nutrition Program (CNP)
_________ The Family Investment Program (FIP)
_________ Transportation assistance under open enrollment
_________ Foster care
Partial waiver
_________ Reduced priced meals offered under the Children Nutrition Program
Temporary waiver
If none of the above apply, but you wish to apply for a temporary waiver of school fees because of serious financial problems, please state the reason for the request:
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_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
Signature of parent, guardian: __________________________________________________
or legal or actual custodian
503.03R1 - Student Fee Waiver and Reduction Procedures
503.03R1 - Student Fee Waiver and Reduction ProceduresThe board recognizes that while certain fees charged students are appropriate and authorized, certain students and their families are not financially able to pay the fees. The school district will grant either full waivers, partial waivers or temporary waivers depending upon the circumstances and the student or student's parents' ability to meet the financial criteria.
A. Waivers -
1. Full Waivers - a student will be granted a full waiver of fees charged by the school district if the student or student's parents meet the financial eligibility criteria for free meals under the Child Nutrition program, Family Investment Program, or transportation assistance under open enrollment. Students in foster care are also eligible for full waivers.
2. Partial Waivers - a student will be granted a partial waiver of fees charged by the school district if the student or the student's parents meet the financial eligibility criteria for reduced price meals offered under the Child Nutrition program. A partial waiver is based on the same percentage as the reduced price meals.
3. Temporary Waivers - a student may be eligible for a temporary waiver of fees charged by the district in the event the student's parents are facing financial difficulty. Temporary waivers may be applied for at any time throughout the school year and will not extend beyond the end of the school year.
B. Application - Parents or students eligible for a fee waiver will make an application on the form provided by the school district. Applications may be made at any time but must be renewed annually.
C. Confidentiality - The school district will treat the application and application process as any other student record and student confidentiality and access provisions will be followed.
D. Appeals - Denials of a waiver may be appealed to the Superintendent.
E. Fines or charges assessed for damage or loss to school property are not fees and will not be waived.
F. Notice - the school district will annually notify parents and students of the waiver. The following information will be included in registration materials.
Students whose families meet the income guidelines for free and reduced price lunch, the Family Investment Program (FIP), or transportation assistance under open enrollment, or who are in foster care are eligible to have their student fees waived or partially waived. Students whose families are experiencing a temporary financial difficulty may be eligible for a temporary waiver of student fees. Parents or students who believe they may qualify for temporary financial hardship should contact the principal for a waiver form. This waiver does not carry over from year to year and must be completed annually.
503.04 - Good Conduct Rule
503.04 - Good Conduct RuleParticipation in school activities is a privilege. School activities provide the benefits of promoting additional interests and abilities in the students during their school years and for their lifetimes.
Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school. Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities which are illegal, immoral or unhealthy.
Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. The principal will keep records of violations of the good conduct rule.
It is the responsibility of the superintendent to develop rules and regulations for school activities. Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.
Legal Reference: Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).
Iowa Code §§ 280.13, .13A.
281 I.A.C. 12.3(6); 36.15(1).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
504 Student Activities
Approved 1/18/21
Reviewed
Revised
503.05 - Corporal Punishment
503.05 - Corporal PunishmentThe use of corporal punishment, mechanical restraint and/or prone restraint is prohibited in all schools. Corporal punishment is defined as the intentional physical punishment of a student. It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain. No employee is prohibited from:
∙ Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:
-- To quell a disturbance or prevent an act that threatens physical harm to any person.
-- To obtain possession of a weapon or other dangerous object within a pupil's control.
-- For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.
-- For the protection of property as provided for in Iowa Code section 704.4 or 704.5.
-- To remove a disruptive pupil from class or any area of school premises or from school-sponsored activities off school premises.
-- To protect a student from the self-infliction of harm.
-- To protect the safety of others.
∙ Using incidental, minor, or reasonable physical contact to maintain order and control.
Mechanical restraint means the use of a device as a means of restricting a student’s freedom of movement. Mechanical restraint does not mean a device used by a trained individual for specific approved therapeutic or safety purposes for which the device was designed and, if applicable, prescribed, including restraints for medical immobilization, adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without use of such devices or mechanical supports; and vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.
Reasonable physical force should be commensurate with the circumstances of the situation. The following factors should be considered in using reasonable physical force for the reasons stated in this policy:
1. The size and physical, mental, and psychological condition of the student;
2. The nature of the student's behavior or misconduct provoking the use of physical force;
3. The instrumentality used in applying the physical force;
4. The extent and nature of resulting injury to the student, if any;
5. The motivation of the school employee using physical force.
Upon request, the student's parents are given an explanation of the reasons for physical force.
It is the responsibility of the superintendent to develop administrative regulations regarding this policy.
Legal Reference: Ingraham v.Wright, 430 U.S. 651 (1977).
Goss v. Lopez, 419 U.S. 565 (1975).
Tinkham v. Kole, 252 Iowa 1303, 110 N.W.2d 258 (1961).
Lai v. Erickson, PTPC Admin. Doc. 83-12 (1983).
Iowa Code §§ 279.8; 280.21.
281 I.A.C. 12.3(6); 103.
Cross Reference: 402.3 Abuse of Students by School District Employees
502 Student Rights and Responsibilities
503 Student Discipline
Approved 1/18/21
Reviewed
Revised
503.06 - Physical Restraint and Seclusion of Students
503.06 - Physical Restraint and Seclusion of StudentsIt is the goal of the district that all students can learn and grow in a safe and peaceful environment that nurtures the student and models respect for oneself and others. On occasion, trained district employees and others may have to use behavior management interventions, physical restraint and/or seclusion of students. The goal of these interventions is to promote the dignity, care, safety, welfare and security of each child and the school community. With this objective in mind, the district will prioritize the use of the least restrictive behavioral interventions appropriate for the situation.
Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student’s arms, legs, body, or head freely. Physical restraint does not mean a technique used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which the technique was designed and, if applicable, prescribed. Physical restraint does not include instructional strategies, such as physically guiding a student during an educational task, hand-shaking, hugging, or other non-disciplinary physical contact.
Seclusion means the involuntary confinement of a child in a seclusion room or area from which the child is prevented or prohibited from leaving; however, preventing a child from leaving a classroom or school building are not considered seclusion. Seclusion does not include instances when a school employee is present within the room and providing services to the child, such as crisis intervention or instruction.
Physical restraint or seclusion is reasonable or necessary only:
- To prevent or terminate an imminent threat of bodily injury to the student or others; or
- To prevent serious damage to property of significant monetary value or significant non-monetary value or importance; or
- When the student’s actions seriously disrupt the learning environment or when physical restraint or seclusion is necessary to ensure the safety of the student or others; and
- When less restrictive alternatives to seclusion or physical restraint would not be effective, would not be feasible under the circumstances, or have failed in preventing or terminating the imminent threat or behavior; and
- When the physical restraint or seclusion complies with all applicable laws.
Prior to using physical restraint or seclusion, employees must receive training in accordance with the law. Any individual who is not employed by the district but whose duties could require the individual to use or be present during the use of physical restraint or seclusion on a student will be invited to participate in the same training offered to employees on this topic.
When required by law, the superintendent or the superintendent’s designee will ensure a post-occurrence debriefing meeting is held, maintain documentation and fulfill all reporting requirements for each occurrence of physical restraint or seclusion as required by law.
Legal Reference: Iowa Code §§ 279.8; 280.21.
281 I.A.C. 103.
Cross Reference: 402.3 Abuse of Students by School District Employees
502 Student Rights and Responsibilities
503 Student Discipline
503.5 Corporal Punishment
Approved 1/18/21
Reviewed
Revised
503.06E1 - Use of Physical Restraint and/or Seclusion Documentation Form
503.06E1 - Use of Physical Restraint and/or Seclusion Documentation Form
Student name: |
Date of occurrence: |
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Start time of occurrence: |
End time of occurrence: |
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Start time of use of physical restraint or seclusion: |
End time of use of physical restraint or seclusion: |
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Employee names and titles who observed, were involved with or implemented physical restraint and/or seclusion during occurrence (including administrators who approved extended time if applicable): |
Employee’s date of last training on use of physical restraint and seclusion: |
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Describe student actions before, during and after occurrence: |
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Describe employee actions before, during and after occurrence, including the reason for any of the following, if applicable: use of non-approved restraint, use of non-designated seclusion rooms, any restraint or seclusion that lasted longer than necessary: |
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Describe any less restrictive means attempted as an alternative to physical restraint and seclusion or why those means would not be effective or feasible, or have failed: |
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Approval from administrator to continue physical restraint or seclusion past 15 minutes: |
Approval obtained from administrator to continue physical restraint or seclusion more than 30 minutes past last approval time: |
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Administrator approving: |
Administrator approving: |
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Time approved: |
Time approved: |
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Reasons for length of incident: |
Reasons for length of incident: |
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If Administrator approval was not obtained at 15 minutes or every 30 minutes thereafter, or a student was not provided with breaks for bodily needs in incidents lasting longer than 15 minutes, explain why: |
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Parent/Guardian notification: Parents/Guardians will be notified as soon as practicable once the occurrence is under control, but no more than one hour after, or the end of the school day, whichever occurs first. Space below for documenting multiple attempts to notify guardians is listed in case the guardian cannot be reached in the first attempt. |
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Employee attempting notification: |
Parent/Guardian contacted: |
Time and manner of attempted notification: |
Was notification successful? |
Employee attempting notification: |
Parent/Guardian contacted: |
Time and manner of attempted notification: |
Was notification successful? |
Employee attempting notification: |
Parent/Guardian contacted: |
Time and manner of attempted notification: |
Was notification successful? |
If Parent/Guardian notification requirements were not complied with, explain why: |
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Describe injuries sustained or property damaged by students or employees: |
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Describe future approaches to address student behavior including any consequences or disciplinary actions that may be imposed on the student: |
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This form has been reviewed and completed by the undersigned employee. A written copy of this form has been sent to the student’s parent or guardian within three school days of the occurrence. Unless the parent or guardian agrees to receive the report by email, fax, or hand delivery, the report must be sent by mail and postmarked by the third day following the occurrence. Enclosed with a copy of this form is an invitation for the parents or guardians to participate in the debriefing meeting scheduled in accordance with the law.
____________________________________ ______________________________
Employee Date of form delivered to Parent/Guardian
_______________________________
Method of Transmittal
503.06E2 - Debriefing Letter to Guardian of Student Involved in an Occurrence Where Physical Restraint and/or Seclusion was Used
503.06E2 - Debriefing Letter to Guardian of Student Involved in an Occurrence Where Physical Restraint and/or Seclusion was Used[This letter and the enclosed report may be transmitted electronically via email or fax, picked up in person, or mailed. If the district and the guardian do not agree on how to transmit this letter, it must be mailed via postage prepaid, first class mail to the guardian within 3 school days of the occurrence.]
Dear [Guardian],
Recently, your student [name] was involved in an occurrence at school that required the physical restraint and/or seclusion of your student as defined by 281 Iowa Administrative Code Ch. 103. A report related to this occurrence is enclosed with this letter.
The law requires debriefing meetings be held for such occurrences in the following circumstances:
- following the first instance of seclusion or physical restraint during a school year;
- When any personal injury occurs as a part of the use of seclusion or physical restraint;
- When a reasonable educator would determine a debriefing session is necessary;
- When suggested by a student’s IEP team;
- When agreed to by the guardian and school officials; and
- After seven instances of seclusion or physical restraint of the student.
This letter is intended to inform you that a debriefing meeting will be held on [date within 5 days of transmission of letter, time, place] because of [reason from bulleted list above]. The following employees will be in attendance at this meeting: [list names and titles of employees]. We are inviting you to attend this debriefing meeting to engage with us on topics related to this occurrence.
If you would like to reschedule the debriefing meeting, please contact me as soon as possible via email [email address] or telephone [telephone number], and at least one school day prior to the date and time listed for this debriefing meeting. Your student is allowed to attend this meeting with your consent, and you are welcome to bring a representative of your choosing if you wish. If you plan to bring a representative to this meeting, please let us know at least one school day prior to the meeting so that we have an opportunity to make arrangements.
We look forward to working with you to foster the continued health, safety and educational growth of your student.
___________________________________ ___________________________
[Administrator name], title Date
Enclosure: Report related to student occurrence
503.06E3 - Debriefing Meeting Document
503.06E3 - Debriefing Meeting Document[The following individuals must attend the debriefing meeting: employees who administered physical restraint or seclusion; an administrator or employee not involved in the occurrence; the administrator or employee who approved continuation of the physical restraint or seclusion; other relevant personnel designated by the school; if indicated by student’s behavior in occurrence, an expert in behavioral/mental health or other discipline. The following individuals must be invited to attend the debriefing meeting: the parent or guardian of the student, the student with guardian’s consent.]
Student name: |
Date of occurrence: |
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Date of debriefing meeting: |
Time of debriefing meeting: |
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Location of debriefing meeting: |
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Names of individuals attending the debriefing meeting (must include the employees involved and at least one employee who was not involved): |
Job title of employee and/or relation to student: |
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Documentation reviewed during meeting (must include at least the occurrence report; and BIP, IHP, IEP and/or safety plan if applicable): |
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Identification of patterns of behavior and proportionate response, if any, in the student and employees involved: |
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Possible alternative responses, if any, to the incident/less restrictive means, if any: |
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Additional resources, if any, that could facilitate those alternative responses in the future: |
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Plans for additional follow up actions, if any: |
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This form has been reviewed and completed by the undersigned employee. A written copy of this form has been sent to the student’s guardian within three school days of the debriefing meeting.
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Employee Date of delivered to Parent/Guardian
______________________________
Method of Transmittal
503.06R1 - Use of Physical Restraint and Seclusion With Students
503.06R1 - Use of Physical Restraint and Seclusion With StudentsThe District will comply with 281 Iowa Administrative Code Ch. 103 for the use of physical restraint and seclusion with students, including, but not limited to:
- Physical restraint and seclusion will be used only by employees who have been trained in accordance with applicable law unless a trained employee is not immediately available due to the unforeseeable nature of the occurrence.
- As soon as practical after the situation is under control, but within one hour after either the occurrence or the end of the school day, whichever occurs first, the school will attempt to contact the student’s parent or guardian using the school’s emergency contact system.
- The seclusion or physical restraint is used only for as long as necessary based on research and evidence to allow the student to regain control of their behavior to the point that the threat or behavior necessitating the use of the seclusion or physical restraint has ended, or when a medical condition occurs that puts the student at risk of harm. Unless otherwise provided for in the student’s written approved IEP, BIP, IHP or safety plan, if the seclusion or physical restraint continues for more than 15 minutes:
- The student will be provided with any necessary breaks to attend to personal and bodily needs, unless doing so would endanger the child or others.
- An employee will obtain approval from an administrator or administrator’s designee to continue seclusion or physical restraint beyond 15 minutes. After the initial approval, an employee must obtain additional approval every 30 minutes thereafter for the continuation of the seclusion or physical restraint.
- The student’s parent or guardian and the school may agree to more frequent notifications than is required by law.
- Schools and district employees must document and explain in writing the reasons why it was not possible for the employees to obtain approval, notify parents, or take action within prescribed time limits.
- Schools and district employees who begin and then end use of nonapproved restraints will document and explain in writing the reasons why they had no other option but to use this type of behavioral intervention.
- The area of seclusion will be a designated seclusion room that complies with the seclusion room requirements in accordance with law, unless the nature of the occurrence makes the use of the designated seclusion room impossible, clearly impractical, or clearly contrary to the safety of the student, others, or both; in that event, the school must document and explain in writing the reasons why a designated seclusion room was not used.
- An employee must continually visually monitor the student for the duration of the seclusion or physical restraint.
- If an employee restrains a student who uses sign language or an augmentive mode of communication as the student’s primary mode of communication, the student shall be permitted to have the student’s hands free of physical restraint, unless doing so is not feasible in view of the threat posed.
- Seclusion or physical restraint shall not be used: as punishment or discipline; to force compliance or to retaliate; as a substitute for appropriate educational or behavioral support; to prevent property damage except as provided in law; as a routine school safety measure; or as a convenience to staff.
- The Superintendent or the Superintendent’s designee will investigate any complaint or allegation that one or more employees violated any provisions of 281 Iowa Administrative Code Ch. 103. If the District determines a violation has occurred, corrective action will be taken up to and including termination of the employees involved. If the allegation or complaint involves a specific student the District will notify the parents or guardian of the involved student about the results of the investigation. If any allegation or complaint is also defined as abuse in 281 Iowa Administrative Code 102.2, the procedures listed in chapter 102 will apply.
- The District must comply with and implement Chapter 103 whether or not a parent consents to the use of physical restraint or seclusion.
503.07 - Student Disclosure of Identity
503.07 - Student Disclosure of IdentityIt is the goal of the district to provide a safe and supportive educational environment in which all students may learn. As part of creating that safe educational environment, no employee of the district will provide false or misleading information to the parent/guardian of a student regarding that student’s gender identity or intention to transition to a gender that is different from their birth certificate or certificate issued upon adoption.
If a student makes a request to a licensed employee to accommodate a gender identity, name, or pronoun that is different than what was assigned to the student in the student’s registration forms or records, the licensed employee is required by Iowa law to report the request to an administrator. The school administrator receiving the report is required by Iowa law to report the request to the student’s parent/guardian. This requirement also applies to all nicknames.
To maintain compliance with Iowa law and also provide efficiency in the reporting requirements listed above, the Superintendent will provide the opportunity for parents and guardians to list in the student’s registration paperwork any and all nicknames used for students.
Legal Reference: Iowa Code §
Cross Reference:
Approved 7/17/23
Reviewed
Revised
503.07E1 - Report of Student Disclosure of Identity
503.07E1 - Report of Student Disclosure of IdentityDear (Parent/Guardian) _________________,
This letter is to inform you that your student (student’s name listed on registration) ________________ has made a request of a licensed employee to (check all that apply):
______ make an accommodation that is intended to affirm the student’s gender identity as follows: ______________________________________________________________________________________________________________________________________________________________________
______ use a name, pronoun or gender identity that is different from the name, pronoun and/or gender identity listed on the student’s school registration forms. The name, pronoun, or gender identity requested is _________________________________________________________________________.
If you would like to amend the student’s registration paperwork to permit the student’s requested accommodation and/or include the use of the above-referenced name/pronoun/gender identity, please complete the attached form and return it to the district administration office.
Sincerely,
____________________________________________ __________________
Administrator Date
503.07E2 - Request to Update Student Identity
503.07E2 - Request to Update Student Identity__________________________________________________ __________________
(Student’s current name on registration) (Student ID)
Please update my student’s names, pronouns, and/or gender identities on my student’s registration paperwork to include all of the following:
__________________________________________________________________________________
(Names)
__________________________________________________________________________________
(Pronouns)
__________________________________________________________________________________
(Gender identities)
__________________________________ __________________
Parent/Guardian Date
503.08 - Discipline of Students Who Make Threats of Violence or Cause Incidents of Violence
503.08 - Discipline of Students Who Make Threats of Violence or Cause Incidents of ViolenceDiscipline Policy
Discipline is designed to promote behavior that will enable students to learn and successfully participate in their educational and social environments. The district discipline policy for students who make a threat of violence or commit an act of violence is developed to help students understand their obligations to others in the school setting, secure the safety of all students, staff and the community, and to correct student behavior if a violation occurs (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 1).
Students will conduct themselves in a manner fitting their age, grade level, and maturity, and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and tailored to the age, grade level and maturity of the student.
Discipline and other responses to threats or incidents of violence by a student with a disability, including removal from a class, placement in a therapeutic classroom, suspensions, and expulsions, will comply with the provisions of applicable federal and state laws including, but not limited to, the IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 3).
District Response to a Threat or Incident of Violence by a Student
Reporting a Threat of Violence or Incidence of Violence
In the case of any threat of violence or incident of violence that results in injury, property damage or assault by a student, the teacher will report to the school principal or lead administrator within 24 hours of the incident. The principal or lead administrator will notify the parent or guardian of the student(s) who threatened or perpetrated an act of violence and the student(s) who the threatened or perpetrated act of violence was made against within 24 hours after receipt of the teacher’s report and complete an investigation of the incident as soon as possible. The classroom teacher may also notify the parent or guardian of the student who made the threat or caused the incident, and the parent or guardian of the student against whom the threat or incident was directed (2023 Iowa Acts, chapter 96 (House File 604), sec. 4).
An investigation will be initiated by the principal or lead administrator upon learning of an incident of violence or threat of violence through any credible means. If the principal or lead administrator finds that an incident of violence or threat of violence did occur, the administrator will determine the level of threat or incident by considering all aspects of the situation, including the student's intent and knowledge of the impact of their actions, their developmental level and context of the incident. The resolution will focus on identifying the cause behind the behavior and appropriate corrective action (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsections 1 and 4).
A student who makes a threat of violence, causes an incident of violence that results in injury or property damage, or who commits an assault, will be subject to escalating levels of discipline for each occurrence. When appropriate, referrals will be made to local law enforcement. The district retains the authority to assign the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 5).
Threat of Violence
Threat of violence means a written, verbal, electronic or behavioral message that either explicitly or implicitly expresses an intention to inflict emotional or physical injury, property damage, or assault.
Incident of Violence
Incident of violence means the intentional use of physical force or power against oneself, another person, a group or community or property resulting in injury, property damage or assault.
Injury
Injury means “physical pain, illness or any impairment of physical condition.” State v. McKee, 312 N.W.2d 907, 913 (Iowa 1981).
Property Damage
Property damage means any destruction, damage, impairment or alteration of property to which the individual does not have a right to take such an action. Property means real property, which includes any real estate, building, or fixture attached to a building or structure, and personal property, which includes intangible property (Iowa Code section 4.1(21)).
Assault
Assault means when, without justification, a student does any of the following:
an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.
The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace (Following Iowa Code section 708.1)
Escalating Responses by Grade Band: Grades 9-12
Level |
Escalating Response |
Level 1 |
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Level 2 |
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Level 3 |
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Definitions (consistent with the Department’s Data Dictionary 2022-23)
Detention means the student's presence is required during non-school hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee or the building principal disciplining the student.
Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.
In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension will not exceed ten consecutive school days.
Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten consecutive school days unless due process is provided as required by federal and state law. A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.
Placement in an alternate learning environment means placement of a student in an environment established apart from the regular educational program that includes rules, staff and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning goals and content standards established by the school district.
Removal from the classroom means a student is sent to the building principal's office. It is within the discretion of the person in charge of the classroom to remove the student.
Legal Reference: Iowa Code §279.79
Approved 10/23/23 Reviewed 10/23/23 Revised
503.08R1 - Regulation for Threats of Violence or Cause Incidents of Violence
503.08R1 - Regulation for Threats of Violence or Cause Incidents of ViolenceEffective student discipline policies serve the needs of the District in maintaining the order of the education environment while safeguarding the education interests of all students. For this reason, it is crucial to engage many perspectives in crafting sound policies related to discipline. The board, in conjunction with teachers and administrators in the District, have assigned further meaning to concepts listed in this policy.
Incident Levels Defined
Incident levels must escalate, with Level 1 being less severe than Level 3 incidents. However, the District maintains discretion in applying the level of discipline appropriate for an incident. In making this determination, the administration will consider the following definitions of incident levels. Because no definition could encompass all possible threats or incidents, the administration has discretion in determining which level to assign the incident after looking at the nature of the incident as well as the age, grade level, and maturity of the student.
Level 1 Defined
- Disruptive or concerning behavior
- Student shows no sign of distress or low level of distress and disturbance
- Possible threat made or present
- Threat is vague and indirect
- Information about threat or threat itself is inconsistent, implausible, or lacks detail
- Threat lacks realism, or is repeated with variations
- Content of threat suggests student is unlikely to carry it out
- Seriously disruptive incident
- Threat made or present
- Threat is vague and indirect, but may be repeated or shared with multiple reporters
Level 2 Defined
- Student is disturbed or advancing to dysregulation
- Threat made or present
- Threat is vague, but direct, or specific but indirect
- Likely to be repeated or shared with multiple reporters
- Information about threat or threat itself is consistent, plausible or includes increasing detail of a plan (time, place, etc.)
- Threat is accompanied by talk or efforts to obtain weapons or other methods for harm
- Threat is likely to be repeated with consistency (may try to convince listener they are serious)
- Content of threat suggests student may carry it out
Level 3 Defined
- Student is dysregulated (way off baseline) or medically disabled
- Threat made or present
- Threat is concrete (specific or direct)
- Likely to be repeated or shared with multiple reporters
- Information about threat o threat itself is consistent, plausible, or includes specific detail of a plan (time, place, etc.) often with steps already taken
- Threat is accompanied by evidence of efforts to obtain weapons or other methods for harm
- Threat may be repeated with consistency
- Content of threat suggests student will carry it out (reference to weapons, means, target)
- Student may appear detached
Timeframe for Determining Repeated Incidents
The District will consider all incidents occurring within the school year as sufficiently close in proximity between incidents to establish that a repeated incident has occurred. The rationale for establishing this timeframe is safety for students and staff. The administration will have discretion to alter this timeframe when appropriate under the circumstances, depending on the nature of the incident as well as the age, grade level and maturity of the student.
Considerations for Determining the Maturity of the Student
The District believes that gauging the maturity of a student is subject to interpretation and best left to the licensed employees who interact most closely with the student on a regular basis. Assessing a student’s maturity level is based on individual characteristics unique to each student. Therefore, in making a determination about the maturity of a student, the administration may consult with the student’s classroom teacher and other relevant licensed staff. The administration will consider the following factors in determining the maturity of the student:
Staff feedback
Age of the student
Considerations for Determining Whether the Off-Campus Threat of Violence or Incident of Violence Will Directly Affect the Good Order, Efficient Management and Welfare of the School District
The District recognizes that students maintain First Amendment rights to free expression both within school and outside. However, free speech protections are not absolute and do not extend to true threats of violence toward an individual or a group of individuals. In considering whether a threat or incident of violence will directly affect the good order, efficient management and welfare of the school district necessitating the need for investigation, the administration will consider, among other things, the following factors:
- The specificity of the threat for time, location or individual(s) targeted
- The reasonable likelihood of the student’s ability to carry out the threat
- The reasonable likelihood that the threat will interfere with the operation of the educational environment
In addition to the notification requirements in policy, the administration will apprise the parents or guardians of any student who suffered violence or a threat of violence, of the rights to file complaints under any other relevant board policies including but not limited to anti-bullying/anti-harassment and Title IX.
Legal Reference: Iowa Code §279.79