503 Student Discipline

503.1 Student Conduct

STUDENT CONDUCT

The Board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises.

Students shall conduct themselves in a manner befitting 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 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.

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 obtain their education or participation; 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 buses; while attending or engaged in school district activities shall be suspended by the principal.  Notice of the suspension shall be sent to the board president.  The Board shall review the suspension to determine whether to impose further sanctions against the student which may include expulsion.  Assault for purposes of this section of this policy is defined as:

          ·      an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or

          ·      any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or

          ·      intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.

The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the peace.

Removal from the classroom means a student is sent to the building principal's office.  It shall be within the discretion of the person in charge of the classroom to remove the student.

Detention means the student's presence is required during nonschool hours for disciplinary purposes.  The student can be required to appear prior to the beginning of the school day or after school has been dismissed for the day.  Whether a student will serve detention, and the length of the detention, shall be within the discretion of the licensed employee disciplining the student or the building principal.

Suspension means either an in-school suspension, an out-of-school suspension, a restriction from activities or loss of eligibility.  An in-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision.  An in-school suspension will not exceed ten consecutive school days.  An out-of-school suspension means the student is removed from the school environment, which includes school classes and activities.  An out-of-school suspension will not exceed ten days.  A restriction from school activities means a student will attend school and classes and practice but will not participate in 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 shall 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 shall 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 but no longer than one school year.

Following the suspension of a special education student, an informal evaluation of the student's placement shall take place.  The Individual Education Program (IEP) shall be evaluated to determine whether it needs to be changed or modified in response to the behavior that led to the suspension.

If a special education student's suspensions, either in or out of school, equal ten days on a cumulative basis, a staffing team shall meet to determine whether the IEP is appropriate.

 

In sum, good citizenship in school is based on respect and consideration for the rights of others.

Students shall conduct themselves in such a way that the rights and privileges of others are not violated.  They shall be required to respect authority and conform to the rules and regulations of the school.

All employees of the district share the responsibility for seeing that student behavior meets standards of conduct that are conducive to learning. 

The aim of all school disciplinary rules and supervision are:

(1) to encourage the student to take responsibility for his/her own actions; and

(2) to gradually increase a student’s self-discipline.

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

 

Approved:  4/14/97                    Revised:    10/99                       Reviewed:     6/06  

                                                                                                                           2/16              

                                                                                                        

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; 282.4, .5; 708.1 (1995).

 

Cross Reference:        501     Student Attendance

                                  502     Student Rights and Responsibilities

                                  502.6  Weapons

                                  504     Student Activities

                                  603.3  Special Education

                                  903.5  Distribution of Materials

 

 

503.1R1 Student Suspension

STUDENT SUSPENSION

Administration 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 shall 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. Saturday School

          1.   Saturday school is an appropriate alternative for students in violation of school conduct rules or poor attendance and promptness habits.  Principals have the authority to schedule additional time at school on Saturday mornings for those students determined to need more structured time above and beyond the normal school week.  Such Saturday schools must be constructive use of time planned by the staff in charge.

D.      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 shall be made to personally notify the student's parents and such effort shall be documented by the person making or attempting to make the contact.  Written notice to the parents shall 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.

 

 

Approved:  4/14/97                 Revised:    10/99                          Reviewed:    6/06  

                                                                                                                        2/16

 

503.1R2 Violent & Aggressive Behavior

VIOLENT AND AGGRESSIVE BEHAVIOR

The Board of Education recognizes that there are certain behaviors that, if tolerated, would quickly destroy the type of learning environment to which the students and staff of the Estherville Lincoln Central Schools are entitled. 

Those behaviors, categorized as violent and aggressive, will not be tolerated and shall, therefore, result in immediate action being taken.  All acts of violence and aggression, threats, or notes that suggest violent or aggressive acts, shall result in those involved being placed on a compulsory BEHAVIOR MANAGEMENT PLAN (BMP).  The BMP is the charge of the principal and others may be involved in its monitoring and implementation.  The BMP shall clearly outline the training or help program the student should experience, who’s involved, length of time, and other appropriate information related to the student and incident.  In addition to this BMP, each situation shall result in specific consequences as determined by the seriousness of the act, age and grade of the student, program status of the student, and other considerations including consideration of expulsion from school for acts of a serious or chronic nature. 

Acts of violence and aggression or threats of such must be well documented and communicated at least to the principal, superintendent, liaison officer, and parents or guardians.  The school board will be informed and involved only where necessary by law.  The police and/or others should be notified immediately if the above group has determined it as appropriate.  It is mandatory to involve the police if there is any violation of the law.

The following behaviors are defined as violent and aggressive:

  1. Possession or threat with or use of a weapon (Code No. 502.6)
  2. Physical Assault -

Physical assault is an act of striking a person or that person’s property with the intent of causing hurt or harm.

  1. Verbal Abuse –

Verbal abuse shall include, but is not limited to swearing, screaming, obscene gestures or threats, whether this is orally, by telephone, or in writing, at an individual, his/her family, or a group.

  1. Intimidation –

Intimidation is an act intended to frighten or coerce someone into submission or obedience.

  1. Extortion –

Extortion is the use of verbal or physical coercion in order to obtain financial or material gain from others.

  1. Bullying –

Bullying is the use of physical or verbal coercion to obtain control of others or to be habitually cruel to others who are weaker.

  1. Gangs –

Gangs are groups of individuals who share common beliefs, attitudes and attire in exhibiting unlawful and/or anti-social behavior.

  1. Sexual Harassment (Code No. 502.10)
  2. Written Documented Threats –

Written documented threats are notes that suggest physical threats to individuals, their property, or school property.

  1. Bomb Threats  (Code No. 804.3)
  1. Stalking –

Stalking is the persistent following, contacting, watching, or any other such threatening actions that compromise the peace of mind or the personal safety of another.

  1. Racial Slurs –

Racial slurs are insulting, disparaging, or derogatory comments made directly or by innuendo regarding a person’s racial origin.

 

Approved:    5/14/01                    Reviewed:    6/06                                                                            

                                                                   2/16

 

 

503.1R2E Behavior Management Plan

503.2 Expulsion

EXPULSION

Only 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 shall be 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 shall be 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 shall keep records of expulsions in addition to the Board's records.

When a student is recommended for expulsion by the Board, the student shall be 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 (1995).

                                  281 I.A.C. 12.3(8).

 

Cross Reference:        502  Student Rights and Responsibilities

                                  503  Student Discipline

 

Approved:  4/14/97                    Reviewed:    10/99   02/16

                                                                      6/06

503.3 Fines-Fees-Charges

FINES - FEES – CHARGES

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

 

Legal Reference:         Iowa Code § 279.8 (1995).

                                  1982 Op. Att'y Gen. 227.

                                  1980 Op. Att'y Gen. 532.

 

Cross Reference:        501.16  Homeless Children & Youth

                                  502      Student Rights and Responsibilities

                                  503      Student Discipline

 

Approved:  4/14/97                    Revised:    10/13/97                Reviewed:    10/99

                                                                                                                   6/06

                                                                                                                     2/16

 

503.3E1 Standard Fee Waiver Application

503.3E2 Fees Currently Authorized by Law

 

Fees authorized by Law:       Textbook fees (Iowa Code 301.1)

                                           School Supplies *

                                           Eye and ear protective devices (280.10,.11)

                                           Driver education instructional fee (282.6)

                                           Tuition for summer school (282.6)

                                           Transportation for resident pupils attending public

                                              school who are not entitled to transportation (285.1)

 

Dillon’s Rule:              School boards may exercise those powers expressly given by statute or

                                  necessarily implied. 

 

 

 

 

 

  • There is no case law or department decisions defining school supplies.  However, a 1993 attorney general opinion, which affirms a 1979 opinion states:  “We have addressed what fees may be charged for necessary school supplies under Iowa Code Section 301.1.  We held that the cost of items which were necessary or essential to the instruction of a class must be properly characterized as tuition rather than school supplies.  Examples were art supplies for art classes and chemicals for science classes.  In contrast, pencils, pens and paper used by students to take notes would be properly characterized as school supplies.”  Op. Att’y Gen. #93-7-3(L).

 

503.3R1 Student Fee Waiver & Reduction Procedures

STUDENT FEE WAIVER AND REDUCTION PROCEDURES

The 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, Supplemental Security Income guidelines, 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 shall be 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 shall not extend beyond the end of the school year.

B. Application - Parents or students eligible for a fee waiver shall 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 and printed in the handbook:

                                  Students whose families meet the income guidelines for free

                                  and reduced price lunch, the Family Investment Program (FIP),

                                  Supplemental Security Income (SSI), 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 school nurse for a waiver form.  This

                                  waiver does not carry over from year to year and must be

                                  completed annually.

 

Approved:    10/13/97                Reviewed:    10/99

                                                                      6/06

                                                                       2/16

 

 

 

503.4 Good Conduct Rule

GOOD CONDUCT RULE

Participation 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 shall keep records of violations of the good conduct rule.

It shall be 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 (1995).

                                  281 I.A.C. 12.3(8); 36.15(1).

 

 

Cross Reference:        502  Student Rights and Responsibilities

                                  503  Student Discipline

                                  504  Student Activities

 

Approved:  4/14/97                    Revised:   11/10/97                 Reviewed:    6/06

                                                Revised:   10/99                                           2/16

 

 

503.4R Good Conduct Rule Regulations

GOOD CONDUCT RULE

NOTE:  In addition to the ELC Good Conduct Policy, students will also be subject to the requirements established by the new Department of Education Academic Eligibility Rule [36.15(2)].  Additional information will be provided to students and parents at the beginning of the 2006-07 school year.

STATEMENT OF PHILOSOPHY                                                                                             

The staff, administration and Board of Directors of the Estherville Lincoln Central Community School District offers a variety of voluntary activities designed to enhance the classroom education of its students.  Students who participate in extracurricular activities serve as ambassadors of the school and district throughout the twelve (12) month calendar year, whether away from or at school.  Students who wish to exercise the privilege or participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities that are illegal, immoral, unhealthy, or highly inappropriate.  Participation in these activities is a privilege, conditioned upon meeting the eligibility criteria established by the Board, administration, and activity coaches and sponsors.  The High School Principal or Activities Director shall keep records of violations of the Good Conduct Policy.

The following activities are covered by this policy:

Athletics, instrumental and vocal music performances, drama productions, speech contest, FFA, National Honor Society, all co-curricular clubs (e.g. Spanish Club, E-Club, French Club, Drama Club, Key Club, Music Club, Pepper Club, etc.), all honorary and elected offices (e.g. Homecoming King/Queen/Court, class officer, student council officer or representative), performances and state contests for cheerleading and drill team, mock trial, quiz bowl contests, and any other activity where the student represents the school district outside the classroom.  The following are NOT covered by this policy because the students are required to perform as part of their classroom grade:  district concerts, marching band contests, jazz festivals and contests, show choir festivals and contests, large group music festivals, and parade of bands.

1. Attendance Regulations

A. A student shall be in school one-half day on the day of performance, practice, scheduled contest, program or trip.  If the event is after school or in the evening, the half-day of required attendance shall be the afternoon (a minimum of the last three periods.)  Any exception must be cleared in advance through the administration.

B.   If a student will miss a class or classes because of a performance, scheduled contest, program or trip, he/she must turn in assignments to teachers in advance or make special arrangements for such assignments with the teachers involved. The majority of the time the student know in advance (except in the case of make-up contests or events caused by inclement weather or other unforeseen circumstances) through their coach(s) or sponsor(s) when such activities will take place and the time in which they will be excused from their classes.  It is the student’s responsibility to notify their teachers well in advance to make arrangements for their assignments. Failure to do so may result in no credit given for the assignments not completed in advance.

GOOD CONDUCT RULE

2. Academic Requirements - High School

A. All participants in the extra-curricular program shall be enrolled or dual enrolled as full-time students.

B. A student must have passed four and one-half (4.5) academic courses the semester prior to his/her participation and must be currently passing four and one-half (4.5) academic courses.

C. For students in athletics, music, or speech activities, be under 20 years of age.

D. For students in athletics, music, or speech activities, be enrolled in high school for eight semesters of less.

E. For students in athletics, have not been a member of a college squad nor trained with a college squad, nor participated in a college contest nor engaged in that sport professionally.

F. Have met all transfer requirements, if the student is a transfer students, or be eligible under state law and regulations if the student is an open enrollment student.

G. Mid-quarter, quarter, and semester grades are utilized in determining ineligibility as indicated below:

1)   Mid-quarter grades:  Students must be passing at least four and one-half (4.5) academic courses at the time that the mid-quarter grades are issued.  If a student is not passing four and one-half (4.5) classes, they will need to complete five (5) hours of supervised study time with the teacher of the subject they are failing, another teacher in the same academic discipline of the subject that the student is failing, the high school tutors, or the high school guidance counselors.  Hours must be completed outside of the student’s regularly scheduled classes and class time. Scheduled study halls, before school and after school will be the acceptable times to complete the study hours.  A time log will be provided to the student and must be completed by the supervisor(s) immediately following each study period.  These five hours will be for each class that they are failing less than the required four and one-half (4.5) classes (i.e. passing two (2.5) then the student would need to complete ten (10) hours of supervised study time.)  These hours of supervised study time must be completed within ten (10) school days from when the student is notified of their academic deficiencies by the Activities Director/Principal.  The student will remain eligible for this time period as long as appropriate progress is being made (i.e. 2 ½ hours for each course within the first five (5) school days.) Successfully completing the study hours in the prescribed time period and completing the appropriate documentation will be deemed as progress towards successful completion of the course at the end of the quarter, thusly the student would not become ineligible at mid-quarter time.  Failure to complete the hours, failure to make appropriate progress, failure to complete the appropriate documentation, or refusing to complete the study hours will result in the student’s loss of their eligibility until the end of the quarter.

2) Quarter grades:  Students not passing four and one-half (4.5) academic courses at the end of each quarter shall be ineligible until the first day of the next eligibility period (first class day following the mid-quarter grade reports.)  Students who become ineligible for summer activities (softball/baseball) because of 4th quarter grades will be ineligible for four and one-half (4.5) weeks from the date of notice by the principal/activities director.  Notice will be given the day the ineligibility period ends and will become eligible that day.  Students that do not participate in summer activities (softball/baseball) are ineligible until the mid-quarter of the fall quarter unless eligibility is regained through approved summer school classes.

3) Semester grades:  Students not passing at least four and one-half (4.5) academic courses at the end of the first or second semester are ineligible for the entire succeeding semester.  However, a student who becomes academically ineligible at the end of the second semester may regain eligibility through summer school attendance and successful completion of approved courses (by the principal) that enable the student to meet the district’s eligibility standards.  Such course work must be completed prior to the start of the fall semester.

H. Special education students or students covered by a Section 504 plan shall not be denied eligibility on the basis of scholarship if the student is making adequate progress, as determined by the student’s staffing team towards the goals and objective on the student’s IEP or accommodation plan.

3. Student Good Conduct and Related Rules

A. Any student who, after a hearing at which the student shall be confronted with the allegation, the basis of the allegation, and given an opportunity to tell the student’s side, is found to have violated the ELC good Conduct Rule will be deemed ineligible for a period of time, as described below.  A student may lose eligibility under the good Conduct Rule for preponderance of evidence of any of the following behaviors:

1) Possession, use, or purchase of alcoholic beverages, including beer and wine (use includes having the odor of alcohol on one’s breath.)

2) Possession, use, or purchase of tobacco products, regardless of the student’s age.

3) Possession, use, or purchase of illegal drugs or the unauthorized possession, use, or purchase of otherwise lawful drugs.

4) Engaging in any act that would be grounds for arrest or citation in the criminal or juvenile court system excluding minor traffic offenses, regardless of whether the student was cited, arrested, convicted, or adjudicated for the act(s).

5) Inappropriate or offensive conduct, such as fighting, insubordination (talking back or refusing to cooperate with authorities), violations of ELC Internet policy resulting in suspension of such privilege for a period of one year or more, hazing, or harassment of others.

6) In situations where there are multiple violations or charges, the administration will determine the ineligibility period based on the number and type of violations or charges.

B. When the administration believes it is more likely than not that the student violated the good Conduct Rule during school year or summer, the student is subject to a loss of eligibility as follows:

            First Occurrence

1. Minimum of two (2) public performance dates.

2. Ten (10) hours of school/community service.

3. If not community service, then a minimum of four (4) public performances.

4. An additional two (2) public performances if not reported to the principal or activities director within four (4) calendar days of the violation.

            Second Occurrence

1. Minimum of six (6) public performances.

2. If violations involves substance abuse, then six (6) hours of counseling (at student’s/parent’s expense) within the time frame and at an agency prescribed by the administration.

3. If the violation involves substance abuse, then twenty (20) hours of school/community service.  All other violations would include forty (40) hours of school/community service.

4. If counseling and/or school community service is not completed, then twelve (12) public performances.

5. An additional four (4) event suspension if not reported within four (4) days.

            Third Occurrence

1. One year suspension.

2. Student must appeal to the administration to be reinstated after the one year has elapsed.

3. Minimum of three (3) letters of reference from parents/guardian, employer, counselor, or clergy.

4. Provisions of the appeal will include school attendance, behavior, and academic performance and, in cases of substance abuse, an outside agency’s evaluation.

          Special Circumstances:  A student who has not been convicted of a policy violation, but                          voluntarily seeks help by entering an inpatient treatment program (i.e. 30 or 45 days) for                           substance use/abuse, will be eligible for extracurricular activities immediately upon                                              his/her return to school (first and second occurrence.)

C. The period of ineligibility attaches immediately upon a finding of the violation if the student is currently engaged in an extracurricular activity and, if not or if not completed during the current activity, is begun or carried over to the time the student seeks to go out for the next activity or contest.  Students will not be allowed to begin a season in progress in order to serve their ineligibility.

D. Any student suspended out-of-school for violation of school rules will be ineligible to participate in any extracurricular or co-curricular practice or performance until reinstated by the principal or activity director.  In-school suspensions will be handled administratively.

E. All students begin high school with a clean slate.  High school begins the day after the last scheduled class day for eighth grade.

F. Students who go 365 days without violation will be placed back on step 1 (first occurrence.)  The date of a violation is determined by the date on which the violation actually occurred.

G. If the period of time between the violation and the students participation in any activity covered by this policy is twelve calendar months or more, the student shall not serve an ineligibility period for the violation.

H. If denial of a violation is followed by a later conviction, the denial serves as the first offense and the second offense penalty is instated.

I. Students that are ineligible at the end of an activity are not eligible for any ELC letters or awards.

J. An ineligible student shall attend all practices or rehearsals but may not “suit up” nor perform/participate.  A student who is placed on suspension (ineligibility) must remain as a member of the activity, continue to practice throughout the duration of the suspension, and successfully complete the activity in good standing.  Failure to do so shall be deemed as not to have served the prescribed period of suspension and the student shall remain on suspension until the ineligible period is properly completed.  Ineligible students are not allowed to participate in scrimmages against outside competition or in the football soap scrimmage.  Scrimmages against outside competition do not count toward contests or performances in which a student must sit out.

K.   Unless the student violated the Good Conduct Policy while on school grounds or at a school event or activity off school grounds, there will be no academic consequences (e.g., detention, suspension from school, school/community service) for the violation.

L. A student is said to have violated the ELC Good Conduct Policy if:

1) Found so by a court of law.

2) Admits to violating one of the standards.

3) Witnessed breaking one of the standards by one or more ELC staff members.

4) Accused upon signed, sworn testimony of one or more citizens which must be made in writing at the principal’s office or activity director’s office within thirty (30) days of said violations.  If the accused claims innocence, a three member panel appointed by the principal will, within five school days, conduct a hearing to determine guilt or sustain innocence.

5) Upon thorough investigation, the school personnel determine the student, beyond a reasonable doubt, committed the act.

6) Participation in a diversion program or other educational programs required by Juvenile Court Services.

4. If information comes via the “rumor route” about violations of the Good Conduct Policy, it will be investigated by the appropriate administrator.  The student(s) will be informed of the situation and be given the opportunity to explain his/her side of the story.  At such meeting(s), the parents/guardians shall be invited to attend.

5. If a student transfers in from another school or school district and the student has not yet completed a period of ineligibility for a violation of a Good conduct Rule in the previous school or school district, the student shall be ineligible until the full period of ineligibility has been completed if the administration determines that there is general knowledge in our district of the fact of the student’s violation in the previous district.

6. Appeal Process

Step 1:  A student or parent contesting the declared ineligibility based on these rules shall be required to schedule an oral hearing with the principal and two faculty members selected by the superintendent within five (5) days of receiving notice of declared ineligibility. The student shall have, in writing, his/her objections to the decision at the time of the hearing.  The committee shall consider the evidence and make a decision with twenty-four (24) hours of the hearing and shall forward, in writing, its finding and decision to the student and parent.

Step 2:  A student may appeal to the Superintendent of Schools, in writing, within three (3) days and the superintendent shall then schedule a hearing with two (2) Estherville Lincoln Central Community School Board members present.  The committee shall consider evidence presented, including statements made by the student, and make a written finding of its decision with three days of the hearing, sending a copy to the student and parent.

 

503.5 Corporal Punishment

CORPORAL PUNISHMENT

Corporal punishment is defined as the intentional physical punishment of a student and is prohibited.  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.

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 shall be given an explanation of the reasons for physical force.

It shall be 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 (1995).

                                  281 I.A.C. 12.3(8); 103.

                                  1980 Op. Att'y Gen. 275.

 

Cross Reference:        402.3  Abuse of Students by School District Employees

                                  502     Student Rights and Responsibilities

                                  503     Student Discipline

 

Approved:   4/14/97              Reviewed:    10/99    2/16   

                                                                6/06