RESIDENT STUDENTS

Children who are residents of the school district community will attend the school district without paying tuition.

The residence of a student means the place, abode, or dwelling of the student.  Generally, the legal dwelling of minors is the same as their parents.  However, a student may establish a dwelling with someone other than the parents and attend public school in the school district without paying tuition if the primary purpose for residing in the school district is not for the purpose of obtaining a free public education.  Further, students who have reached the age of majority and who are still eligible to attend an Iowa secondary school may declare their residence independent of the residence of the parents.

Each case involving the bona fide residence of a student will be decided upon its individual merits by the superintendent.

Legal Reference:         Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).

                                  Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).

                                  Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).

                                  33 D.P.I. Dec. Rule 80 (1984).

                                  Iowa Code §§ 257.6; 282.2, .6, .7; 285.4 (1995).

                                  1956 Op. Att'y Gen. 185.

                                  1946 Op. Att'y Gen. 197.

                                  1938 Op. Att'y Gen. 69.

                                  1930 Op. Att'y Gen. 147.

Cross Reference:        501  Student Attendance

Approved:   4/14/97              Reviewed:   6/22

                                              NONRESIDENT STUDENTS

Students who are eligible to attend an Iowa public school but who are not legal residents of the school district may be admitted into the school district at the discretion of the superintendent upon application and payment of tuition.  The tuition rate shall be the current per-pupil cost of the school district as computed by the board secretary and as authorized by the Iowa Department of Education.

Resident students whose families move from the school district after the start of a semester and who wish to complete the semester in the school district may be permitted to attend without the payment of tuition at the discretion of the superintendent and approval of the Board.  Students who plan to open enroll to the nonresident district may complete the school year without approval of the superintendent or board.  These students, other than students in grades eleven and twelve, must have the recommendation of the principal, as well as an adult who resides in the school district, identified for purposes of administration.

Students in grades eleven or twelve who are no longer residents of the school district, but were residents in the preceding school year, may continue to attend school until they graduate without the payment of tuition.  These students must have an adult, who resides in the school district, identified for purposes of administration.

Nonresident students who are eligible to attend an Iowa public school and who have evidence they will become legal residents of the school district prior to the third Friday in September may be allowed to attend without the payment of tuition.

Legal Reference:         Lakota Cons. Ind. School v. Buffalo Center-Rake Comm. School, 334 N.W.2d 704 (Iowa 1983).

                                  Mt. Hope School Dist. v. Hendrickson, 197 N.W. 47 (Iowa 1924).

                                  Oshel v. Creston Comm. School Dist., DPI Admin. Doc. 570 (1981).

                                  Iowa Code §§ 257.6; 282.1, .2, .6, .7, .24 (1995).

Cross Reference:        501  Student Attendance

Approved:    4/14/97             Reviewed:    6/22

COMPULSORY ATTENDANCE

Parents within the school district who have children age six and under age sixteen by September 15, and in proper physical and mental condition to attend school, shall have the children attend the school district at the attendance center designated by the Board.  Students shall attend school the number of days school is in session in accordance with the school calendar Students of compulsory attendance age will attend school a minimum of 1080 hours.  Students not attending the minimum hours must be exempt by this policy, as listed below, or referred to the county attorney.    Exceptions to this policy include children who:

          ·           have completed the requirements for graduation in an accredited school or have obtained a high school equivalency diploma;

          ·           are attending religious services or receiving religious instruction;

          ·           are attending an approved or probationally approved private college preparatory school;

          ·           are attending an accredited nonpublic school; or,

          ·           are receiving competent private instruction; or

                      are receiving independent private instruction.

It is the responsibility of the parent of a child to provide evidence of the child's mental and physical inability to attend school or of the child's qualifications for one of the exceptions listed above.

It shall be the responsibility of the parents to notify the student’s attendance center as soon as the parent knows the student will not be attending school on that day.  The principal may request evidence or written verification of the student’s reason for absence.

Students who are absent without permission are considered truant.  To be truant means the student fails to attend school regularly as per school district requirements or fails

The principal and/or designee will investigate the cause for a student’s truancy.  If the principal and/or designee is unable to secure the truant student’s attendance, the principal and/or designee shall discuss next steps with the superintendent and other legal authorities (county attorney, school resource officer, police/sheriff’s department, etc.). 

Administrative regulations shall be developed by the administration regarding this policy and shall also indicate the disciplinary action to be taken for absences.

Legal Reference:         Iowa Code §§ 259A; 279.10-.11; 299.1-.1A; 299A (1995).

                                  1978 Op. Att'y. Gen. 379.

Cross Reference:        501     Student Attendance

                                  601.1  School Calendar

                                  604.1  Competent Private Instruction

Approved:   4/14/97              Revised:   6/22

ENTRANCE - ADMISSIONS

Children in the school district community will be allowed to enroll in the school district's regular education program beginning at age five.  The child must be age five on or prior to September 15 to participate in the school district's kindergarten program.  The child must be age six on or prior to September 15 to begin the first grade of the education program.

The Board shall require evidence of age and residency in the form of a birth certificate or other evidence before the student may enroll in the school district's education program.  It shall be within the discretion of the superintendent to determine what is satisfactory evidence for proof of age.

Prior to enrollment, the child must provide the administration with their health and immunization certificate.  Failure to provide this information within the time period set by the superintendent shall be reason for suspension, expulsion or denying admission to the student.

Legal Reference:         Iowa Code §§ 139.9; 282.1, .3, .6; 299 (1995).

                                  1980 Op. Att'y Gen. 258.

Cross Reference:        501     Student Attendance

                                  507.1  Student Health and Immunization Certificates

Approved:   4/14/97              Reviewed:  6/22

ATTENDANCE CENTER ASSIGNMENT

The Board shall have complete discretion to determine the boundaries for each attendance center, to assign students to the attendance centers, and to assign students to the classrooms within the attendance center.

It shall be the responsibility of the superintendent to make a recommendation to the Board annually regarding the assigned attendance center for each student.  In making the recommendation, the superintendent shall consider the geographical layout of the school district, the condition and location of the school district facilities, the location of student population, possible transportation difficulties, financial condition of the school district and other factors deemed relevant by the superintendent or the board.

Legal Reference:         Iowa Code §§ 279.11; 282.7-.8 (1995).

Cross Reference:        501  Student Attendance

Approved:   4/14/97              Reviewed:   6/22

STUDENT TRANSFERS IN

Students who transfer into the school district must meet the immunization and age requirements set out for students who initially enroll in the school district.

The school district shall request the student's cumulative records from the previous school district.  If the student cannot offer proof of grade level, the superintendent will make the grade level determination.  The superintendent may require testing or other information to determine the grade level.

The superintendent shall determine the amount of credits to be transferred.  If the student has not previously attended an accredited school, it is within the superintendent's discretion to accept or reject credits or grades.

The Board may deny admission if the student is not willing to provide the board with the necessary information.

Legal Reference:         20 U.S.C. § 1232g (1988).

                                  Iowa Code §§ 139.9; 282.1, .3; 299A (1995).

Cross Reference:        501     Student Attendance

                                  505.3  Student Honors and Awards

                                  507     Student Health and Well-Being

                                  604.1  Competent Private Instruction

Approved:   4/14/97              Reviewed:   6/22

STUDENT TRANSFERS OUT OR WITHDRAWALS

If the student's parents wish to withdraw or transfer the student from school prior to completing and graduating from the education program, they shall notify the superintendent in writing as soon as possible of the decision to withdraw or transfer the student from the education program.  The student or parent should present this written notice at the office and receive instructions regarding the return of textbooks, library books, locker equipment, hot lunch tickets, etc.

The notice shall state the student's final day of attendance.  If the student is not enrolling in another school district, the school district shall maintain the student's records in the same manner as the records of students who have graduated from the school district.

If the parents wish to have the student's cumulative record sent to the new school district, the parents shall notify the superintendent in writing.  This notice shall include the name of the school district and the person at the new school district to whom the student's cumulative records should be sent.  If the new school district requests the student's cumulative records, the school district will forward the cumulative records and notify the parents the records have been sent.  The notice shall inform the parents of their right to review the records sent.

If the student is of compulsory education age and not transferring to another public school district or an accredited nonpublic school, the parents shall notify the superintendent that the student is receiving competent private instruction and file the necessary competent private instruction reports.

Legal Reference:         20 U.S.C. § 1232g (1988).

                                  Iowa Code §§ 274.1; 299.1-.1A (1995).

Cross Reference:        501     Student Attendance

                                  506     Student Records

                                  604.1  Competent Private Instruction

Approved:   4/14/97              Reviewed:   6/22

                                                                                                                                                                                  Code No.  501.8

                                                                                    STUDENT ATTENDANCE RECORDS

As part of the school district's records, the daily attendance of each student shall be recorded and maintained on file electronically with the building secretaries and principals.

It shall be the responsibility of the principals to ensure that such reports are filed with the board secretary, the custodian of school records.

At the end of the year, cumulative attendance records become part of the students’ permanent records.  It shall be the responsibility of the building principals to ensure that such records are filed appropriately at the end of each academic year.  This work shall involve input from the board secretary, as the custodian of all school records.

Legal Reference:    Iowa Code §§ 294.4; 299 (1995).

                                                 281 I.A.C. 12.2(4).

Cross Reference:    501  Student Attendance

                                506  Student Records

Approved:   4/14/97          Reviewed:    6/22    Revised: 6/22

STUDENT ABSENCES - EXCUSED

Regular attendance by students is essential for students to realize their individual learning potentials and to obtain the maximum opportunities from the education program.  Parents and students alike are encouraged to ensure an absence from school is a necessary absence.  Students shall attend school unless excused by the principal of their attendance center.

Student absences approved by the principal shall be excused absences.  Excused absences shall count as days in attendance for purposes of the truancy law.  These absences include, but are not limited to, illness, family emergencies, recognized religious observances, and school-sponsored or approved activities.

Students whose absences are approved shall make up the work missed and receive full credit for the missed school work.  It shall be the responsibility of the student to initiate a procedure with the student's teacher to complete the work missed.

Students who wish to participate in school-sponsored activities must attend school one-half day the day of the activity unless permission has been given by the principal for the student to be absent.

It shall be the responsibility of the parent to notify the student's attendance center as soon as the parent knows the student will not be attending school on that day.  The principal may request evidence or written verification of the student's reason for absence.

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

Legal Reference:         Iowa Code §§ 294.4; 299 (1995).

                                  281 I.A.C. 12.2(4).

Cross Reference:        501  Student Attendance

                                  503  Student Discipline

                                  504  Student Activities

                                  506  Student Records

Approved:   4/14/97              Reviewed: 6/22

TRUANCY - UNEXCUSED ABSENCES

Regular attendance by the students at school is essential for students to obtain the maximum opportunities from the education program.  Parents and students alike are encouraged to ensure an absence from school is a necessary absence.  Students shall attend school unless excused by the principal of their attendance center.

Truancy is the failure to attend school for the minimum number of days established in the school calendar by the board.  Truancy is the act of being absent without a reasonable excuse.  Truancy will not be tolerated by the Board.

Students are subject to disciplinary action for truancy including suspension and expulsion.  It shall be within the discretion of the principal to determine, in light of the circumstances, whether a student may make up work missed because of truancy.

The truancy officer of the school shall investigate the cause for a student's truancy.  If the truancy officer of the school is unable to secure the truant student's attendance, the truancy officer should discuss the next step with the administration.  If after school board action, the student is still truant, the truancy officer shall refer the matter over to the county attorney.

The school will participate in mediation if requested by the county attorney.  The building principal shall represent the school district in mediation.  The school district will monitor the student's compliance with the mediation agreement and will report violations of the mediation agreement to the county attorney.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.  The administrative regulations shall indicate the disciplinary action to be taken for truancy.

Legal Reference:         Iowa Code §§ 294.4; 299 (1995).

                                  281 I.A.C. 12.2(4).

Cross Reference:        206.3  Secretary

                                  410.3  Truancy Officer

                                  501     Student Attendance

                                  503     Student Discipline

                                  504     Student Activities

                                  506     Student Records

Approved:   4/14/97                   Revised:    6/22                     Reviewed:   6/22

STUDENT RELEASE DURING SCHOOL HOURS

Students will be allowed to leave the school district facilities during school hours only with prior authorization from their parents, unless the parent appears personally at the student's attendance center to arrange for the release of the student during school hours, or with the permission of the principal.

Approved reasons for release of a student during the school day shall include, but not be limited to, illness, family emergencies, medical appointments, religious instruction, classes outside the student's attendance center, employment for which the student has been issued a work permit and other reasons determined appropriate by the principal.

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

Legal Reference:         Iowa Code § 294.4 (1995).

                                  281 I.A.C. 12.2(4).

Cross Reference:        501  Student Attendance

                                  503  Student Discipline

                                  504  Student Activities

                                  506  Student Records

Approved:   4/14/97              Reviewed:   6/22

MARRIED/PREGNANT STUDENTS

The Board encourages pregnant students to continue to attend the education program as long as they are physically able to do so.  The pregnant student may notify the principal, school nurse, or the guidance counselor as soon as she is aware of the pregnancy.  The school may require that a pregnant student provide the principal with a written note from her doctor relative to special conditions that might exist and specific suggestions as to how long the student may continue to attend classes.  If the student is unable to attend school because of her physical condition, the student may be excused and arrangements made to continue her studies during her absence.  The student shall resume classes upon the recommendation of her physician.

Students will have access to professional staff, such as counselors or nurses, who are qualified to provide guidance to students concerning marriage and pregnancy.

The right to participate in activities of the school will not be restricted solely because of marriage, pregnancy, or parenthood.

Legal Reference:         Iowa Code §§ 216; 279.8; 280.3 (1995).

Cross Reference:        501     Student Attendance

                                  604.2  Individualized Instruction

Approved:   4/14/97              Revised:   6/22

STUDENTS OF LEGAL AGE

Students who have attained legal age may continue the education program without payment of tuition as long as they are eligible to attend an Iowa public school and are residents of the school district.

Parents will be allowed to access and view the student's records without written permission from the student if the student is still a dependent for tax purposes.  In most cases, with the discretion of the principal or the superintendent, the student will be able to make decisions and sign documents rather than requiring parental permission or signature.

Legal Reference:         20 U.S.C. § 1232g (1988).

                                  Iowa Code §§ 22; 282.2, .6, .7; 285.4; 599.1; 622.10 (1995).

                                  281 I.A.C. 12.3(6).

Cross Reference:        501  Student Attendance

                                  506  Student Records

Approved:   41/4/97              Reviewed:   6/22

                                                             OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A SENDING DISTRICT

The school district will participate in open enrollment as a sending district.  As a sending district, the Board will allow resident students who meet the requirements to open enroll to another public school district.

Parents requesting open enrollment out of the school district for their student shall notify the school district as per Iowa Code in the year preceding the first year desired for open enrollment.  The notice shall be made on forms provided by the Department of Education.  The forms are available at the central administration office and electronically.

Open enrollment requests out of the school district that, if denied, would result in students from the same nuclear family being enrolled in different school districts, will be given highest priority.  Other open enrollment requests out of the school district shall be considered in the order received by the school district with the first open enrollment request given a higher priority than the second open enrollment request and so forth.

Parents of children who will begin kindergarten in the school district are exempt from the open enrollment March 1 deadline. Parents of children who will begin kindergarten will file in the same manner set forth above by September 1. Parents who have good cause as defined by law for failing to meet the March 1 deadline may make an open enrollment request by September 1 unless another deadline applies.

The receiving district will approve open enrollment requests according to the timelines established by law. The parents may withdraw the open enrollment request prior to the start of the school year. The receiving district’s Superintendent will notify the parents and send the school district by mail within five (5) days of the school district’s action to approve or deny the open enrollment request.

The Board may approve a student's request to allow the receiving district to enter the school district for the purposes of transportation if a mutual arrangement is made for Estherville Lincoln Central Community School District to enter the same district.

An open enrollment request out of the school district from parents of a special education student is reviewed on a case-by-case basis. The determining factor for approval of such an open enrollment request will be whether the special education program available in the receiving school district is appropriate for the student’s needs. The area education agency Director of Special Education serving the receiving district will determine whether the program is appropriate. The special education student will remain in the school district until the final determination is made.

It is the responsibility of the Superintendent to maintain open enrollment request applications and notice forms. It will also be the responsibility of the Superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

Approved:   4/14/97           Revised:    6/22    Reviewed:6/22

Open Enrollment Out of the School District to an Alternative Receiving District

Parents of students attending the school district under open enrollment may make an open enrollment request to a different public school district, an alternative receiving district, within the time period of the original open enrollment request.  This open enrollment request shall be filed in the same manner as other open enrollment requests in the year preceding the first year desired for open enrollment in the alternative receiving district.

It shall be within the complete discretion of the Board, or its designate, to approve or deny the open enrollment request to an alternative receiving district.  In exercising that discretion, the Board may consider several factors including, but not limited to, the potential impact of the transfer on the student, the effectiveness of the education program, the financial situation of the school district and other factors deemed relevant by the superintendent and the Board.  The Board shall take action on the open enrollment request to the alternative receiving district at the next regular board meeting.  Prior to the Board's action, parents may withdraw the open enrollment request.  The Board reserves the right to delegate to the superintendent the handling of such requests.

The superintendent shall notify the parents by mail within five days of the Board's action to approve or deny the open enrollment request to an alternative receiving district.  Approved open enrollment requests shall be transmitted by the superintendent to the alternative receiving district chosen by the parents within five days after the Board's action on the open enrollment request.

Approved open enrollment requests to an alternative receiving district shall be effective the following semester or at the beginning of the next school year.  It shall be within the discretion of the Board to make the open enrollment request to an alternative receiving district effective immediately based upon the circumstances of the open enrollment request and with mutual agreement of the alternative receiving district's board.

Renewal of Open Enrollment Requests

An open enrollment agreement shall remain in place unless canceled by the parent or terminated as outlined in provisions of subrule 178(10).

Legal Reference:    Iowa Code §§ 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (1995).

            281 I.A.C. 17.

            1990 Op.  Att'y Gen. 75.

Cross Reference:    501    Student Attendance

            506    Student Records

Page 2 of 2 

                                                     OPEN ENROLLMENT TRANSFERS - PROCEDURES AS A RECEIVING DISTRICT

The school district will participate in open enrollment as a receiving district.  As a receiving district, the Board will allow nonresident students, who meet the legal requirements, to open enroll into the school district.  The Board shall have complete discretion to determine the attendance center of the students attending the school district under open enrollment.

The Board designates the superintendent to determine the appropriate action on open enrollment requests in the year preceding the first year desired for open enrollment as per state code.  The superintendent shall notify the sending school district within five days of the determination to approve or deny the open enrollment request.  The superintendent shall notify the parents within fifteen days of the determination to approve or deny the open enrollment request.  The superintendent shall also forward a copy of the action with a copy of the open enrollment request to the Department of Education.

Open enrollment requests into the school district will not be approved if insufficient classroom space exists.  Open enrollment requests into the school district will also not be approved for students who have been suspended or expelled by the administration or the board of the school district the student is or was attending until the student has been reinstated into the school district from which the student was suspended or expelled.  Once the student is reinstated, the student's open enrollment request will be considered in the same manner as other open enrollment requests.

Open enrollment requests into the school district that, if denied, would result in students from the same nuclear family being enrolled in different school districts, will be given highest priority.  The Board, in its discretion, may waive the insufficient classroom space reason for denial for students of the same nuclear family to prevent the division of a nuclear family between two school districts.  Other open enrollment requests into the school district shall be considered in the order received by the school district with the first open enrollment request given a higher priority than the second open enrollment request and so forth.

Generally, students in high school open enrolling into the school district shall not be eligible for participation in interscholastic athletics during the first ninety days of open enrollment into the school district.  

These are spelled out in the Boys and Girls Association rules and/or the Department of Education rules and guidelines.

Parents are responsible for providing transportation to and from the receiving school district without reimbursement unless the parents qualify for transportation assistance. Upon a parent's request, the Board may approve transportation into the sending district. The transportation is limited to within two (2) miles of the district boundary/current bus route. The Board's approval is subject to the sending District's approval.

Open enrollment requests into the school district shall be for four years or more.  The four-year requirement shall not apply to students who will graduate within four years, to students who move to another school district, or when the parent petitions for permission to open enroll the student to an alternative receiving district.

Open Enrollment Into the School District as an Alternative Receiving District

 Open enrollment requests into the school district as an alternative receiving district shall be considered by the Board in the same manner as open enrollment requests into the school district as a receiving district.

The policies of the school district shall apply to students attending the school district under open enrollment.

It shall be the responsibility of the superintendent to develop appropriate office procedures and administrative regulations necessary for open enrollment requests.

 Approved:    4/14/97                       Revised:    6/22     Reviewed:    6/22                       

Legal Reference:    Iowa Code §§ 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (1995).

            281 I.A.C. 17.

            1990 Op. Att'y Gen. 75.

Cross Reference:    501.6    Student Transfers In

            501.7    Student Transfers Out or Withdrawals

            501.14  Open Enrollment Transfers - Procedures as a

                         Sending District

            506      Student Records

            507      Student Health and Well-Being

            606.6   Insufficient Classroom Space

The Estherville Lincoln Central Community School District believes all students should have access to a free, appropriate public education. The district will ensure that homeless children and youth have equal access to the same free, appropriate public education as other children and youth.

The term “homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes:

•  Children and youth who are:

  • Sharing the housing of other persons due to loss of housing, economic hardship, or a similar
    reason (sometimes referred to as “doubled up”);

  • Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate
    accommodations;

  • Living in emergency or transitional shelters; or

  • Abandoned in hospitals.

• Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;

• Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and

• Migratory children who qualify as homeless because they are living in circumstances described above.
   

To help ensure that homeless children and youth have a full opportunity to enroll, attend, and succeed at school, the board shall:

• Provide training opportunities for staff so staff may help identify and meet the needs of homeless children and youth;

• Remove barriers, including those associated with fees, fines, and absences, to the identification, enrollment, retention, attendance and/or success in school for homeless children and youth;

• Ensure collaboration and coordination with other service providers;

• Ensure transportation is provided in accordance with legal requirements;

• Provide school stability in school assignment according to the child’s best interests;

• Ensure the privacy of student records, as provided by applicable law, including information about a homeless child or youth’s living situation;

• Engage in the dispute resolution process for decisions relating to the educational placement of homeless children and youth as provided by applicable law; and

• Prohibit the segregation of a homeless child or youth from other students enrolled in the district.

The superintendent may develop an administrative process or procedures to implement this policy.

Legal Reference:     20 U.S.C. § 6301.

    42 U.S.C. § 11302.

    42 U.S.C. §§ 11431 et seq. 281 I.A.C. 33.

              No Child Left Behind, Title X, Sec. 722, P.L.107-110 (2002)

              42 U.S.C. § 11431 et seq. (1994).

              281 I.A.C. 33 (2005)

Cross Reference:    501    Student Attendance

    503.3    Fines - Fees - Charges

    506    Student Records

    507.1    Student Health and Immunization Certificates

    603.3    Special Education

    711.1    Student School Transportation Eligibility

Approved:    4/14/97                       Revised:  6/22     Reviewed:    6/22    

STUDENT APPEARANCE

The Board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees and visitors on school property or on property within the jurisdiction of the school district.

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

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

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

Legal Reference:         Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

                                  Bethal School District  v. Fraser, 478 U.S. 675 (1986).

                                  Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).

                                  Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).

                                  Torvik v. Decorah Community School, 453 F.2d 779 (8th Cir. 1972).

                                  Turley v. Adel Community School District, 322 F.Supp. 402 (S.D. Iowa 1971).

                                  Sims v. Colfax Comm. School Dist., 307 F.Supp. 485 (Iowa 1970).

                                  Iowa Code § 279.8 (1995).

Cross Reference:        500  Objectives for Equal Educational Opportunities for

                                          Students

                                  502  Student Rights and Responsibilities

Approved:   4/14/97                   Revised:   9/99                       Reviewed:   6/22

CARE OF SCHOOL PROPERTY/VANDALISM

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

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

Legal Reference:         Iowa Code § 279.8; 282.4, .5; 613.16 (1995).

Cross Reference:        502     Student Rights and Responsibilities

                                    802.1  Maintenance Schedule

Approved:    41/4/97                  Reviewed:    6/22  

                                                                    6/06

                                                                       12/15

FREEDOM OF EXPRESSION

Student expression, other than student expression in student-produced official school publications, made on the school district premises or under the jurisdiction of the school district or as part of a school-sponsored activity may be attributed to the school district; therefore, student expression must be responsible.  Student expression must be appropriate to assure that the students learn and meet the goals of the school activity and that the potential audience is not exposed to material that may be harmful or inappropriate for their level of maturity.

Students will be allowed to express their viewpoints and opinions as long as the expression is responsible.  The expression shall not, in the judgment of the administration, encourage the breaking of laws, cause defamation of persons, be obscene or indecent, or cause a material and substantial disruption to the educational program.  The administration, when making this judgment, shall consider whether the activity in which the expression was made is school-sponsored and whether review or prohibition of the students' speech furthers an educational purpose.  Further, the expression must be done in a reasonable time, place, and manner that is not disruptive to the orderly and efficient operation of the school district.

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

Legal Reference:         U.S. Const. amend. I.

                                  Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

                                  Bethel School District v. Fraser, 478 U.S. 675 (1986).

                                  New Jersey v. T.L.O., 469 U.S. 325 (1985).

                                  Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).

                                  Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).

                                  Iowa Code §§ 279.8; 280.22; 282.3 (1995).

Cross Reference:        502     Student Rights and Responsibilities

                                  504     Student Activities

                                  603.9  Academic Freedom

                                  903.5  Distribution of Materials

Approved:   4/14/97                   Reviewed:   6/22

STUDENT COMPLAINTS AND GRIEVANCES

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

If the complaint cannot be resolved by a licensed employee, the student may discuss the matter with the principal within 5 days of the employee's decision.  If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within 5 days after speaking with the principal.

If the matter is not satisfactorily resolved by the superintendent, the student may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy.  The board retains discretion as to whether to consider or take action on any complaint.

Legal Reference:         Iowa Code § 279.8 (1995).

Cross Reference:        210.8  Board Meeting Agenda

                                  213     Public Participation in Board Meetings

                                  307     Communication Channels

                                  502     Student Rights and Responsibilities

                                  504.3  Student Publications

Approved:   4/14/97                   Reviewed:   6/22

STUDENT LOCKERS

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

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

Legal Reference:         Iowa Code ch. 808A (Supp. 1997).

                                  Iowa Code §§ 279.8; 280.14 (1997).

Cross Reference:        502  Student Rights and Responsibilities

Approved  41/14/97                   Revised:    10/13/97                Reviewed:   6/22

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

School district facilities are not an appropriate place for weapons, dangerous objects and/or look alikes.  Weapons and other dangerous objects and look-alikes shall be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district.

Parents of students found to possess a weapon or dangerous objects or look-alikes on school property shall be notified of the incident.  Confiscation of weapons or dangerous objects  or look-alikes shall be reported to the law enforcement officials, and the student will be subject to disciplinary action including suspension or expulsion.

Students bringing a firearm to school shall be expelled for not less than twelve months and will be referred to law enforcement authorities.  The superintendent shall have the authority to recommend this expulsion requirement be modified for a student on a case-by-case basis.  For purposes of this portion of this policy, the term "firearm" includes any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or any explosive, incendiary or poison gas or otherwise defined by applicable law. 

Weapons under the control of law enforcement officials or other individuals specifically authorized by the board are exempt from this policy. The superintendent may develop an administrative process or procedures to implement the policy. 

Legal Reference:    Improving America's Schools Act of 1994, P.L. 103-382.

            McClain v. Lafayette County Bd. of Education, 673 F.2d 106 (5th Cir. 1982).

            Iowa Code §§ 279.8; 724 (1995).

Cross Reference:    502  Student Rights and Responsibilities

            503  Student Discipline

            507  Student Health and Well-Being

Approved:   4/14/97           Reviewed:   6/22    Revised:  6/22

SMOKING - DRINKING - DRUGS

The Board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of beer, wine, alcohol, tobacco, other controlled substances, or "look alike" substances that appear to be tobacco, beer, wine, alcohol or controlled substances by students while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered 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.

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

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

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

The Board believes the substance abuse prevention program shall include:

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

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

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

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

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

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

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

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

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

Approved:   4/14/97                   Reviewed:   6/22

Legal Reference:         34 C.F.R. Pt. 86 (1993).

                                  Iowa Code §§ 124; 279.8, .9; 453A (1995).

                                  281 I.A.C. 12.3(9); .5(3)(e), .5(4)(e), .5(5)(e), .5(21).

Cross Reference:        502  Student Rights and Responsibilities

                                  503  Student Discipline

                                  507  Student Health and Well-Being

SEARCH AND SEIZURE

School district property is held in public trust by the Board.  School district authorities may, without a search warrant, search students, or protected student areas based on a reasonable suspicion that a board policy, school rule or law has been broken.  The search shall be in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities.  The furnishing of a locker, desk, or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, shall not create a protected student area and shall not give rise to an expectation of privacy with respect to the locker, desk, or other facility.

School authorities may seize any illegal, unauthorized or contraband materials discovered in the search.  Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons and stolen property.  Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered buses; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement authorities.  The Board believes that such illegal, unauthorized or contraband materials cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.

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

Legal Reference:         U.S. Const. amend. IV.

                                  New Jersey v. T.L.O., 469 U.S. 325 (1985).

                                  Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).

                                  Iowa Code ch. 808A (1995).

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

Cross Reference:        502  Student Rights and Responsibilities

                                  503  Student Discipline

Approved:   4/14/97                   Revised:  10/13/97                  Reviewed:   6/22

INTERVIEWS OF STUDENTS BY OUTSIDE AGENCIES

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

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

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

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

Legal Reference:         Iowa Code § 232; 280.17 (1995).

                                  281 I.A.C. 102.

                                  441 I.A.C. 9.2; 155; 175.

                                  1980 Op. Att'y Gen. 275.

Cross Reference:        402.2   Child Abuse Reporting

                                  502.8   Search and Seizure

                                  503      Student Discipline

Approved:   4/14/97                   Reviewed:   6/22

STUDENT-TO-STUDENT HARASSMENT

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

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

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

          ·      submission to such conduct is made either explicitly or implicitly a term or condition or a student's education or of a student's participation in school programs or activities;

          ·      submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or

          ·      such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

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

          ·      verbal or written harassment or abuse;

          ·      pressure for sexual activity;

          ·      repeated remarks to a person with sexual or demeaning implications

          ·      unwelcome touching;

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

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

          ·      submission to such conduct is made either explicitly or implicitly a term or condition of a student's education or of a student's participation in school programs or activities;

          ·      submission to or rejection of such conduct by a student is used as the basis for decisions affecting the student; or

          ·      such conduct has the purpose or effect of unreasonably interfering with a student's performance or creating an intimidating, offensive or hostile learning environment.

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

          ·      verbal, physical or written harassment or abuse;

          ·      repeated remarks of a demeaning nature;

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

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

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

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

It shall also be the responsibility of the superintendent, in conjunction with the investigator and principals, to develop administrative rules regarding this policy.  The superintendent shall also be responsible for organizing training programs for students and employees.  The training shall include how to recognize harassment and what to do in case a student is harassed.

Approved:   4/14/97                   Reviewed:   6/22                            Revised: 6/22

Legal Reference:                     20 U.S.C. §§ 1221-1234i (1988).

                                              29 U.S.C. §794 (1988).

                                              42 U.S.C. §§ 2000d-2000d-7 (1988).

                                              42 U.S.C. §§12001 et. seq. (Supp. 1990).

                                              Iowa Code §216.9; 280.3 (1995).

Cross Reference:                    403.5  Harassment

                                              502     Student Rights and Responsibilities

                                              503     Student Discipline

                                              506     Student Records

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

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

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

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

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

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

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

STUDENT GOVERNMENT

The student council provides for student activities, serves as a training experience for student leaders, promotes the common good, gives students a share in the management of the school, develops high ideals of personal conduct, acts as a clearinghouse for student activities, seeks to interest students in school district affairs and helps solve problems that may arise.  Members of the council are student representatives who have direct access to the administration.

The principal, in conjunction with the students and licensed employees, shall set forth the guidelines for the student government's elections, operations, and other elements of the government.

Legal Reference:          Iowa Code § 279.8 (1995).

Cross Reference:        502  Student Rights and Responsibilities

                                  504  Student Activities

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

                                                                6/06

                                                                4/16

STUDENT ORGANIZATIONS

Secondary school student-initiated, noncurriculum-related groups and student curriculum-related groups, upon receiving permission from the principal, may use school facilities for group meetings during non-instructional time.

Non-instructional time shall mean any time before the first period of the day and after the last period of the day in which any student attends class.  Meetings shall not interfere with the orderly conduct of the education program or other school district operations.  It shall be within the discretion of the principal to determine whether the meetings will interfere with the orderly conduct of the education program or other school district operations.  Activities relating to and part of the education program shall have priority over the activities of another organization.

Curriculum-Related Organizations

It shall also be the responsibility of the principal to determine whether a student group is curriculum-related.  One or more of the following questions will be answered affirmatively if the group is curriculum-related:

          ·           Is the subject matter of the group actually taught in a regularly offered course?

          ·           Will the subject matter of the group soon be taught in a regularly offered course?

          ·           Does the subject matter of the group concern the body of courses as a whole?

          ·           Is participation in the group required for a particular course?

          ·           Does participation in the group result in academic credit?

Secondary school curriculum-related student organizations may use the school district facilities for meetings and other purposes before and after the instructional school day.  Employees shall be assigned to monitor approved meetings and may interact with curriculum-related organizations.

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

                                                                 6/06

                                                                 4/16

STUDENT PUBLICATIONS

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

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

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

Persons, other than students, who believe they have been aggrieved by student expression in a student-produced official school publication shall follow the grievance procedure outlined in board policy 214.1.  Students who believe their freedom of expression in a student-produced official school publication has been restricted shall follow the grievance procedure outlined in board policy 502.6.

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

Legal Reference:         Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

                                  Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).

                                  Iowa Code § 280.22 (1995).

Cross Reference:        502    Student Rights and Responsibilities

                                  504    Student Activities

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

                                                                 6/06

                                                                 4/16

STUDENT PERFORMANCES

Students, as part of the education program, may participate in contests or other public and private events approved by the superintendent that will be of benefit to the student and the education program.  Performance at such events is a privilege.

Students, who perform at such events, serve as ambassadors of the school district and must conduct themselves in the same manner as required in the regular school day.  Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures.

Students will be allowed to perform in these events only with proper permission and supervision and when the events do not disrupt the education program or other school district operations.  The events must be approved by the superintendent, unless it involves unusual travel and expense, in which case the board must approve of the performance.

It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy. In developing the administrative regulations, these guidelines should be followed:

                      ·           Performances by student groups below the high school level should be allowed on a very limited basis;

                      ·           All groups of students should have an opportunity to participate; and,

                      ·           Extensive travel by one group of students should be discouraged.

It shall be within the discretion of the superintendent to determine whether the event will benefit the education program and the participating students.  Contests or other performances by students unapproved by the superintendent shall be the responsibility of the parent and the student.

Legal Reference:         Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).

                                  Iowa Code §§ 280.13-.14 (1995).

                                  281 I.A.C. 12.6.

Cross Reference:        502     Student Rights and Responsibilities

                                  503.4  Good Conduct Rule

                                  504     Student Activities

                                  904     Community Activities Involving Students

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

                                                                 6/06

                                                                 4/16

STUDENT FUNDRAISING

Students may raise funds for school-sponsored events with the permission of the Board.  Fund raising by students for events other than school-sponsored events is not allowed.  Collection boxes for school fund raising must have prior approval from the principal before being placed on school property.

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

A master list of fundraisers will be submitted to the Board annually for review.

Legal Reference:         Senior Class of Pekin High School v. Tharp, 154 N.W.2d 874 (Iowa 1967).

                                  Iowa Code § 279.8 (1995).

Cross Reference:        502     Student Rights and Responsibilities

                                  503     Student Discipline

                                  504     Student Activities

                                  704.5  Student Activities Fund

                                  904.2  Advertising and Promotion

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

                                                              6/06

                                                              4/16

STUDENT CO-CURRICULAR ACTIVITIES

The Board believes that student activities at school are a vital part of the total educational program and should be used as a means for developing wholesome attitudes and good human relations as well as a means of self-realization.  Students who take part in an approved activity must realize that they represent the school and community, and that their behavior and appearance are of the utmost importance.  The sponsor of the activity subject to the district’s policies and regulations as well as any specific rules sets students forth.

Co-curricular Activity: An activity sponsored by the school in which the student performs or appears before the public.

Activities included but not limited to the following:  Athletics, Vocal and Instrumental Music,

Speech, Drama, FHA, FFA, Dancing and Cheerleading.

Non-school Sponsored Sports

A high school student who participates in school sponsored athletics may participate in a non-school sponsored sport during the same season upon approval of the administration.  Such outside participation shall not conflict with the school sponsored athletic activity.

Penalty:  Three weeks suspension or the remaining one third of the season.

Community Night

Wednesday night shall be recognized as “community night”, and efforts shall be made to complete school activities by 6:30 p.m.  Any exceptions must have prior administrative approval.  Sunday activities are also discouraged.

Legal Reference:         20 U.S.C. §§ 1681-1683; 1685-1686 (1988).

                                  34 C.F.R. Pt. 106.41 (1993).

                                  Iowa Code §§ 216.9; 280.13-.14 (1997).

                                  281 I.A.C. 12.6.

Cross Reference:        504.6R  Eligibility

                                  508.2    Community Night

Approved:   4/97                  Revised:    11/98                         Reviewed:    10/99

                                                                                                                  6/06

                                                                                                                  4/16

STUDENT PROGRESS REPORTS AND CONFERENCES

Students shall receive a progress report at the end of each grading period. Students who are doing poorly, and their parents, shall be notified prior to the end of the semester in order to have an opportunity to improve their grade.  The Board encourages the notification of students who have made marked improvement prior to the end of the semester.

Parent-teacher conferences will be held at least once each semester to keep the parents informed.

Parents, teachers, or principals may request a conference for students in grades kindergarten through twelve in addition to the scheduled conference time.  Parents and students are encouraged to discuss the student's progress or other matters with the student's teacher.

Legal Reference:         Iowa Code §§ 256.11, .11A; 280 (1999).

                                  Iowa Code §§ 256E.1(1)(b)(1) (Supp. 1999)

                                  281 I.A.C. 12.3(6), .3(7); .5(16).

Cross Reference:        505  Student Scholastic Achievement

                                  506  Student Records

Approved:   4/14/97                   Revised:    11/99                     Reviewed:  7/06   05/16

STUDENT PROMOTION - RETENTION - ACCELERATION

Students will be promoted to the next grade level at the end of each school year based on the student's achievement, age, maturity, emotional stability, and social adjustment.

The retention of a student will be determined based upon the judgment of the licensed employee and the principal.  When it becomes evident a student in grades kindergarten through eight may be retained in a grade level for an additional year, the parents will be informed.  It shall be within the sole discretion of the Board to retain students in their current grade level.

Students in grades nine through twelve will be informed of the required course work necessary to be promoted each year.  When it becomes evident a student in these grades will be unable to meet the minimum credit requirements for the year, the student and parents will be informed.  It shall be within the sole discretion of the Board to retain students in their current grade level and to deny promotion to a student.

Students in grades kindergarten through twelve with exceptional talents may, with the permission of the principal and parents, take classes beyond their current grade level.  Enrichment opportunities outside the school district may be allowed when they do not conflict with the school district's graduation requirements.

It shall be the responsibility of the superintendent to develop the appropriate regulations.

Legal Reference:         Iowa Code §§ 256.11, .11A; 279.8; 280.3 (1995).

                                  281 I.A.C. 12.3(7); 12.5(16).

Cross Reference:        501  Student Attendance

                                  505  Student Scholastic Achievement

Approved:   4/14/97                   Revised:    11/99                     Reviewed:   05/16

STUDENT HONORS AND AWARDS

The school district will provide a program that establishes honors and awards including, but not limited to, academic letters, scholarships and good citizenship awards for students to assist students in setting goals.  Students will be made aware of honors and awards and the action necessary on the part of the student to achieve them.  It is possible that students who have not attended the school district for their entire education or have not attended an accredited public or private school will not be eligible for honors and awards.

It shall be the responsibility of the superintendent to develop the administrative regulations regarding this policy.

Legal Reference:         Iowa Code § 279.8 (1995).

Cross Reference:        501.6  Student Transfers In

                                  504     Student Activities

                                  505     Student Scholastic Achievement

Approved:   4/14/97                   Reviewed:    11/99                                                              

                                                                     7/06

                                                                     5/16

TESTING PROGRAM

A comprehensive testing program is established and maintained to evaluate the education program of the school district and to assist in providing guidance or counseling services to students and their families.

No student shall be required, as part of any applicable program, to submit to a survey, analysis or evaluation that reveals information concerning:

• political affiliations or beliefs of the student or student’s parent;

• mental and psychological problems of the student or the student's family;

• sex behavior and attitudes;

• illegal, anti-social, self-incriminating and demeaning behavior;

• critical appraisals of other individuals with whom students have close family relationships;

• legally recognized, privileged and analogous relationships, such as those of lawyers, physicians and ministers;

• religious practices, affiliations or beliefs of the student or student’s parent; or

• income, (other than that required by law to determine eligibility for participation in a program for receiving financial assistance under such program.)

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

It shall be the responsibility of the Board to review and approve the evaluation and testing program.

Legal Reference:         No Child Left Behind, Title II, Sec. 1061, P.L. 107-110 (2002).

                                  Goals 2000:  Educate America Act, Pub. L. No. 103-227, 108 Stat. 125 (1994).

                                  20 U.S.C. § 1232h (1994).

                                  Iowa Code §§ 280.3; 256B; 282.1, .3, .6 (2003).

                                  281 I.A.C. 12.5(13), .5(21).

Cross Reference:        505     Student Scholastic Achievement

                                  506     Student Records

                                  607.2  Student Health Services

Approved:   4/14/97                    Reviewed:    11/99                 Revised:     2/05

                                                                      7/06

                                                                      5/16

GRADUATION REQUIREMENTS

Students must successfully complete the courses required by the Board and the Iowa Department of Education in order to graduate.  Students who are in good standing and who meet the graduation requirements set by the Board are allowed to participate in the graduation ceremony and in senior activities.  It is possible that students who are serving discipline at the time of the graduation ceremony or other senior activities will not be allowed to participate.  Students are not required to participate in the graduation ceremony.

The Estherville Lincoln Central Community Schools Board of Education requires that students successfully complete the following courses to earn a diploma:

English                                     8 semesters (8 credits)                       Required:  English 9

                                                                                                         English 10

                                                                                                         Speech

                                                                                                         American Literature

                                                                                                         Intermediate Composition

Science                                     6 semesters (6 credits)                       Required:

                                                                                                         Physical Science in 9^th Grade

                                                                                                         Biology in 10^th Grade

Mathematics                              6 semesters (6 credits)                       Required:  Algebra I

                                                                                                           Or Its Equivalent

Social Science                          6 semesters (6 credits)                       Required: 2 semesters  

                                                                                                            American History

                                                                                                         American Government

Computer                                  1 semester   (1 credit)

Physical Education                    8 semesters  (4 credits)

Career Technical Education        1 semester (1 credit)

Personal Finance                       1 semester (1 credit)

Health                                       1 semester (1 credit)

Fine Arts                                   1 semester (1 credit)

Elective Courses                       13 semesters (17 credits)

TOTAL CREDITS:                                                                                                                48

GRADUATION REQUIREMENTS

Notes:  Vocal Music Class, Treble Choir, and Band Class will meet daily.  Students successfully completing the defined curriculum will earn full credit each semester for these courses with their letter grade from these courses being calculated into the student’s grade point average.  Jazz Band and Swing Choir will be assigned a credit value of one-half (1/2) credit per semester.  Grades from these two offerings will not be calculated into the student’s grade point average.

In order for students to earn the Fine Arts credit, classes must qualify as appreciation or skill building in the areas of music, visual art or the performing arts.

All Physical Education classes will meet on an every other day basis.  Students will earn one-half (1/2) credit each semester.  Letter grades will be assigned to designate the levels of student achievement with those grades being calculated into the student’s grade point average.

The changes graduation requirements will be phased in over a period of four years.  This will affect the total number of credits needed for graduation.  The following chart reflects the transition of credits.

                     Yr. of Graduation                                             # of Credits Needed                               

                                                                                                  To Graduate      

                      Class of 2007                                                    48 – No Change                                                  

                      Class of 2008                                                   50 – Additional 2 credits used as electives

                      Class of 2009                                                   52 – Additional 4 credits used as electives

                       Class of 2010                                                   48 – Follow 8 English, 6 Science,                                                                                                                                                                                    6 Soc. Science, 6 Math for Graduation

Beginning with the class of 2022, graduation requirements for special education students will include successful completion of four years of English, three years of math, three years of social studies and three years of science.Prior to graduation, the IEP team shall determine whether the graduation requirements have been met.  If necessary, other special situations will be considered and alternative requirements required.

Legal Reference:         Iowa Code §§ 256.11, .11A; 279.8; 280.3, .14 (1995).

                                  281 I.A.C. 12.2; .3(7); .5; 41.10(9).

Approved:    10/86                Reviewed:    05/22                 Revised:    05/22

EARLY GRADUATION

Generally, students will be required to complete the necessary course work and graduate from high school at the end of grade twelve.  Students may graduate prior to this time if they meet the minimum graduation requirements stated in Board policy.

Beginning with the class of 2022, graduation requirements for special education students will include successful completion of four years of English, three years of math, three years of social studies and three years of science.

Legal Reference:         Iowa Code §§ 279.8; 280.3, .14 (1995).

                                  281 I.A.C. 12.2; .3(7); .5.

Cross Reference:        505  Student Scholastic Achievement

Approved:   4/14/97                   Revised:    05/22                     Reviewed:    05/22

COMMENCEMENT

Students who have met the requirements for graduation will be allowed to participate in the commencement proceedings provided they abide by the proceedings organized by the school district.  It shall be the responsibility of the principal to solicit input from each graduating class regarding the proceedings for their commencement.

Failure of a student to participate in commencement will not be a reason for withholding the student's final progress report or diploma certifying the student's completion of high school.

Legal Reference:         Iowa Code §§ 279.8; 280.3, .14 (1995).

                                  281 I.A.C. 12.2; .3(7); .5.

Cross Reference:        505  Student Scholastic Achievement

Approved:   4/14/97                   Reviewed:    11/99

                                                                       7/06

                                                                     5/16

HOMEWORK

Homework can be an effective teaching/learning activity.  It is important that students develop the daily habit of independent learning outside of the classroom.  Plus, it is recognized that home involvement in a student’s academic development further promotes the parent-school partnership in the education of our youth.

All homework should have a specific purpose relative to the curriculum and previous instruction, and not be assigned as busy work.  It should not be given for disciplinary purposes.  The quantity of homework should also be reasonable, and consistent with the following guidelines. *

                        K-1 - No homework, but give students a job assignment, i.e. bring five

                        pictures of things that begin with the letter “A”.

                        2-4 -      10-30 minutes of homework.

                        5-6 -      20-40 minutes of homework.

                        7-8 -      30-75 minutes of homework.

                   **   9-10 -    60-90 minutes of homework

                   **   11-12 - 60-120 minutes of homework

                        * The number of minutes are the suggested total minutes of homework,

                           not minutes per class.

                        ** Based on 5-6 classes

All homework should involve some type of immediate follow-up and evaluation, so skills and knowledge are reinforced and students are kept informed of their academic standing.

It is important that the schools teach study skills, so students know how to be independent, self-directed learners.  It is also suggested that homework assignments be discouraged before vacations.

Adopted:   5/00                                                                                                                                     Reviewed:    7/06

                                                                                                                                                                                   5/16

STUDENT RECORDS ACCESS

The Board recognizes the importance of maintaining student records and preserving their confidentiality.  Student records containing personally identifiable information shall be kept confidential at collection, storage, disclosure and destruction stages.  Student records shall be maintained by the Board secretary and housed in the central administration office following completion of the student’s schooling.

Parents and eligible students shall have access to the student's records during the regular business hours of the school district.  An eligible student is a student who has reached eighteen years of age or is attending an institution of post-secondary education.  Parents of an eligible student shall be provided access to the student records only with the written permission of the eligible student unless the eligible student is defined by the Internal Revenue Code as a dependent.  In that case, the parents may be provided access without the written permission of the student.  A representative of the parents or eligible student, who has received written permission from the parents or eligible student, may inspect and review a special education student's student records.  Parents, other than parents of an eligible student, may be denied access to a student's records if the school district has a court order stating such or when the district has been advised under the appropriate laws that the parents may not access the student records.

A student record may contain information on more than one student.  Parents shall have the right to access the information relating to their student or to be informed of the information.  Eligible students shall also have the right to access the information relating to themselves or be informed of the information.

Parents and eligible students shall have a right to access the student's records upon request without unnecessary delay and in no instance more than forty-five days after the request is made.  Parents, an eligible student, or an authorized representative shall have the right to access the student's records prior to an Individual Education Program (IEP) meeting or hearing.

Copies of student records will only be provided if failure to do so would effectively prevent the parents or student from exercising the right to access the student records.  Fees for copies of the records shall be waived if it would prevent the parents or student from accessing the records.  A fee may not be charged to search or retrieve information from student records.

Upon the request of parents or an eligible student, the school district shall provide an explanation and interpretation of the student record and a list of the types and locations of records collected, maintained or used by the school district.

If the parents or an eligible student believes the information in the student records is inaccurate, misleading or violates the privacy or other rights of the student, the parents or an eligible student may request that the school district amend the student records.  If the school district determines an amendment shall be made to the student record, the school district shall make the amendment and inform the parents or the eligible student of the decision in writing.

If the school district determines that amendment of the student's record is not appropriate, it shall inform the parents or the eligible student of their right to a hearing before the school district.  If the parents' and the eligible student's request to amend the student record is further denied, the parents or the eligible student shall have the opportunity to place an explanatory letter in the student record commenting on the school district's decision or setting forth the reasoning for disagreeing with the school district.  Additions to the student's records shall become a part of the student record and be maintained like other student records.  If the school district discloses the student records, the explanation by the parents shall also be disclosed.

Student records may be disclosed in limited circumstances without parental or eligible student's written permission.  This disclosure is made on the condition that the student record will not be disclosed to a third party without the written permission of the parents or the eligible student.  This disclosure may be made to the following individuals or under the following circumstances:

•  to school officials within the school district whom the superintendent has determined have a legitimate educational interest, including, but not limited to, board members, employees, school attorney, auditor, health professionals, and individuals serving on official school committees;

•   to officials of another school district in which the student wishes to enroll, provided the other school district notifies the parents the student records are being sent and the parents have an opportunity to receive a copy of the records and challenge the contents of the records, unless the annual notification includes a provision that records will automatically be transferred to new school districts;

• to the U.S. Comptroller General, the U.S. Secretary of Education or state and local educational authorities;

• in connection with financial aid for which the student has applied or which the student has received if the information is necessary to receive the financial aid;

• to organizations conducting educational studies and the study does not release personally identifiable information;

• to accrediting organizations;

• as according to an interagency agreement between the school district and juvenile justice agencies;

• to parents of a dependent student as defined in the Internal Revenue Code;

• to comply with a court order or judicially issued subpoena;

• in connection with a health or safety emergency; or,

• as directory information.

Individuals not listed are not allowed access without parental or an eligible student's written permission.  The superintendent shall keep a list of the individuals and their positions who are authorized to view a special education student's records without the permission of the parents or the eligible student.  This list must be available for public inspection and updated annually.

The superintendent shall also keep a list of individuals, agencies and organizations which have requested or obtained access to a student's records, the date access was given and their legitimate educational interest or purpose for which they were authorized to view the records.  This list for a student record may be accessed by the parents, the eligible student and the custodian of student records.  The superintendent does not need to keep a list of the parents, authorized educational employees, offices and agencies of the school district who have accessed the student’s records.

Permanent student records, including a student's name, address, phone number, grades, attendance record, classes attended, grade level completed and year completed may be maintained without time limitation.  Permanent student records must be kept in a fire-safe vault.

When personally identifiable information, other than permanent student records, no longer needs to be maintained by the school district to provide educational services to a special education student, the parents or eligible student shall be notified.  This notice is normally given after a student graduates or otherwise leaves the school district.  If the parents or eligible student request that the personally identifiable information be destroyed, the school district will destroy the records.  Prior to the destruction of the records, the school district must inform the parents or eligible student that the records may be needed by the parents or eligible student for social security benefits or other purposes.  In the absence of parents or an eligible student's request to destroy the records, the school district must maintain the records for at least three (3) years after an individual is determined to be no longer eligible for special education.

The school district will cooperate with the juvenile justice system in sharing information contained in permanent student records regarding students who have become involved with the juvenile justice system.  The school district will enter into an interagency agreement with the juvenile justice agencies (agencies) involved.  The purpose of the agreement is to allow for the sharing of information prior to a student’s adjudication in order to promote and collaborate between the school district and the agencies to improve school safety, reduce alcohol and illegal drug use, reduce truancy, reduce in-school and out-of-school suspensions, and to support alternatives to in-school and out-of-school suspensions and expulsions which provide structured and well supervised educational programs supplemented by coordinated and appropriate services designed to correct behaviors that lead to truancy, suspension, and expulsions and to support students in successfully completing their education.

The school district may share any information with the agencies contained in a student’s permanent record which is directly related to the juvenile justice system’s ability to effectively serve the student.  Prior to adjudication, information contained in the permanent record may be disclosed by the school district to the parties without parental consent or court order.  Information contained in a student’s permanent record may be disclosed by the school district to the agencies after adjudication only with parental consent or court order.  Information shared pursuant to the agreement is used solely for determining the programs and services appropriate to the needs of the student or student’s family or coordinating the delivery of programs and services to the student or student’s family.  Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent, guardian, or legal or actual custodian.

Confidential information shared between the school district and the agencies will remain confidential and will not be shared with any other person, unless otherwise provided by law.  Information shared under the agreement is not admissible in any court proceedings which take place prior to a disposition hearing, unless written consent is obtained from a student’s parent, guardian, or legal or actual custodian.  The school district may discontinue information sharing with an agency if the school district determines that the agency has violated the intent or letter of the agreement.

Agencies will contact the principal of the attendance center where the student is currently or was enrolled.  The principal will then forward copies of the records within ten (10) business days of the request.

It shall be the responsibility of the superintendent to provide training or instruction to the employees about parents' and eligible students' rights under this policy.  Employees shall also be informed about the procedures for carrying out this policy.

It shall be the responsibility of the superintendent to annually notify parents and eligible students of their right to inspect and review the student's records.  The notice shall be given in a parents' or eligible student's native language.

The notice shall include a statement that the parents have a right to file a complaint alleging the school district failed to comply with this policy.  Complaints shall be forwarded to Family Policy and Regulations Office, U.S. Department of Education, 400 Maryland Ave., Washington, DC. 20202-4605.

Approved:   4/14/97                         Reviewed:    11/99                     Revised:    2/05 

                                                                              7/06

                                                                               5/16

Legal Reference:         20 U.S.C. § 1232g, 1415 (1994).

                                  34 C.F.R. Pt. 99, 300.560 - .574 (1999).

                                  Iowa Code §§ 22; 279.9B, 280.24, .25 622.10 (2001).

                                  281 I.A.C. 12.3(6); 41.20

                                  1980 Op. Att'y Gen. 720, 825.

Cross Reference:        501    Student Attendance

                                  505    Student Scholastic Achievement

                                  506    Student Records

                                  507    Student Health and Well-Being

                                  603.3  Special Education

                                  708    Care, Maintenance and Disposal of

                                            School District Records

                                  901    Public Examination of School District Records

STUDENT DIRECTORY INFORMATION

Student directory information is designed to be used internally within the school district.  Directory information shall be defined in the annual notice.  It may include the student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, and other similar information.

Prior to developing a student directory or to giving general information to the public, parents will be given notice annually of the intent to develop a directory or to give out general information and have the opportunity to deny the inclusion of their child's information in the directory or in the general information about the students.

It shall be the responsibility of the superintendent to provide notice and to determine the method of notice that will inform parents.

Legal Reference:         20 U.S.C. § 1232g (1988).

                                  34 C.F.R. Pt. 99, 300.560 - .574 (1993).

                                  Iowa Code § 22; 622.10 (1995).

                                  281 I.A.C. 12.3(6); 41.20.

                                  1980 Op. Att'y Gen. 720.

Cross Reference:        504  Student Activities

                                  506  Student Records

                                  901  Public Examination of School District Records

Approved:   4/14/97                   Reviewed:    11/99                 

                                                                        7/06

                                                                         6/16

STUDENT PHOTOGRAPHS

The Board will permit student "portrait" photographs to be taken on school premises by a commercial photographer as a service to the students and their families.

Parents will be notified prior to the taking of pictures by a commercial photographer for student "portraits."  In no case will students be required to have their picture taken or be pressured to purchase pictures.

Students or commercial photographers may take pictures of students upon consent for such things as the yearbook or student newspaper.

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

Legal Reference:         Iowa Code § 279.8 (1995).

                                  1980 Op. Att'y Gen. 114.

Cross Reference:        506  Student Records

Approved:   4/14/97                   Reviewed:    11/99

                                                                       7/06

                                                                        6/16

STUDENT LIBRARY CIRCULATION RECORDS

Student library circulation records are designed to be used internally to assist in the orderly administration of the school district libraries and media center.  As a general rule, student library circulation records are considered confidential records and will not be released without parental consent.  Individuals who may access such records include a student's parents, the student, authorized licensed employees, authorized government officials from the U.S. Comptroller General, the Secretary of Education, the Commissioner and Director of the National Institute of Education, and the Assistant Secretary for Education and State Education Department.  Appropriate authorities in a health or safety emergency may access the student's library circulation records without the approval or the notification of the student's parents.  Parents may not access records, without the student's permission, of a student who has reached the age of majority or who is attending a post-secondary educational institution unless the student is considered a dependent for tax purposes.

It shall be the school librarian's responsibility, as the person maintaining the student library circulation records, to approve requests for access to student library circulation records.  Students' library circulation records may be accessed during the regular business hours of the school district.  If copies of documents are requested, a fee for such copying shall be charged.

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

Legal Reference:         20 U.S.C. § 1232g (1988).

                                  34 C.F.R. Pt. 99 (1993).

                                  Iowa Code §§ 22; 622.10 (1995).

                                  281 I.A.C. 12.3(6).

                                  1980 Op. Att'y Gen. 720, 825.

Cross Reference:        506  Student Records

Approved:   4/14/97                   Reviewed:    11/99

                                                                       7/06

                                                                        6/16

STUDENT HEALTH AND IMMUNIZATION CERTIFICATES

Students desiring to participate in athletic activities or enrolling in kindergarten or first grade in the school district shall have a physical examination by a licensed physician and provide proof of such an examination to the school district.  A physical examination and proof of such an examination may be required by the administration for students in other grades enrolling for the first time in the school district.

A certificate of health stating the results of a physical examination and signed by the physician shall be on file at the attendance center.  Each student shall submit an up-to-date certificate of health upon the request of the superintendent.  Failure to provide this information may be grounds for disciplinary action.

Students enrolling for the first time in the school district shall also submit a certificate of immunization against diphtheria, pertussis, tetanus, poliomyelitis, rubeola, rubella, and other immunizations required by law.  The student may be admitted conditionally to the attendance center if the student has not yet completed the immunization process but is in the process of doing so.  Failure to meet the immunization requirement will be grounds for suspension, expulsion or denial of admission.  Upon recommendation of the Iowa Department of Education and Iowa Department of Public Health, students entering the district for the first time may be required to pass a TB test prior to admission.  The district may conduct TB tests of current students.

Exemptions from the immunization requirement in this policy will be allowed only for medical or religious reasons recognized under the law.  The student must provide a valid Iowa State Department of Health Certificate of Immunization Exemption to be exempt from this policy.

Legal Reference:         Iowa Code §§ 139.9; 280.13 (1995).

                                  281 I.A.C. 33.5.

                                  641 I.A.C. 7.

Cross Reference:        402.2  Child Abuse Reporting

                                  501     Student Attendance

                                  507     Student Health and Well-Being

Approved:    4/14/97                  Reviewed:    12/99

                                                                        7/06

                                                                          10/16

Code No.  507.10

  Page 1 of 3

WELLNESS POLICY

The board promotes healthy students by supporting wellness, good nutrition and regular physical activity as a part of the total learning environment.  The school district supports a healthy environment where students learn and participate in positive dietary and lifestyle practices.  By facilitating learning through the support and promotion of good nutrition and physical activity, schools contribute to the basic health status of students.  Improved health optimizes student performance potential.

The school district provides a comprehensive learning environment for developing and practicing lifelong wellness behaviors.  The entire school environment, not just the classroom, shall be aligned with healthy school district goals to positively influence a student's understanding, beliefs and habits as they relate to good nutrition and regular physical activity. 

The school district supports and promotes proper dietary habits contributing to students' health status and academic performance.  Foods available on school grounds and at school-sponsored activities during the instructional day should meet or exceed the school district, state, and the USDA Smart Snacks in School nutritional standards.  Foods should be served with consideration toward nutritional integrity, variety, appeal, taste, safety and packaging to ensure high-quality meals. 

The school district will make every effort to eliminate any social stigma attached to, and prevent the overt identification of, students who are eligible for free and reduced-price meals.  Toward this end, the school district may utilize electronic identification and payment systems; promote the availability of meals to all students regardless of income; and/or use nontraditional methods for serving meals.

The school district has developed a local wellness policy that included parents, students, representatives of the school food authority, the school board, school administrators, and the public in its development.  The wellness policy includes a plan to implement, measure, and monitor the effectiveness of the policy.  The policy designates that all of the Building Principals will monitor implementation and report to the Superintendent and Food Service Director. The Superintendent shall report annually to the board of education for evaluation of the policy. 

Specific Wellness Goals:

Nutrition Education and Promotion:

The school district will provide nutrition education and engage in nutrition promotion. Health education curriculum will be provided at each grade level.  The curriculum will provide knowledge and skills necessary to promote and protect their health.

Physical Activity requirements by the State of Iowa according to the Healthy Kids Act took effect July 1, 2009.

Physical Activity:

1. Grades K- 5 will receive 30 minutes per day of physical activity

2. Grades 6-12 will receive 120 minutes per week of physical activity in which there are at least 5 days that week

3. Every pupil who is physically able to do so will complete a certification course for cardiopulmonary resuscitation by the end of grade 12.

    

4. Recess is preferably outdoors

5. Encourage moderate to vigorous physical activity

6. Discourage extended periods of inactivity

    

   “Physical activity” means any movement, manipulation, or exertion of the body that can lead to

   improved levels of physical fitness and quality of life.

    

   For students to receive the nationally recommended amount of daily physical activity and for students to fully embrace regular physical activity as a personal behavior, students need opportunities for physical activity beyond the physical education class.  Toward that end, the school district will:

    

7. offer classroom health education that complements physical education

8. reinforce the knowledge and self-management needed to maintain a physically active lifestyle

9. reduce time spent on sedentary activities

    

   The school district values the health and well-being of every staff member and will plan and implement activities that support personal efforts by staff to maintain a healthy lifestyle.  Staff members are encouraged to model healthy lifestyle habits.  The district will provide helpful tools as needed to staff, parents, and students as provided by the Iowa Department of Education Healthy Kids Act in their Training Toolkit. More information can be found at https://www.educateiowa.gov/pk-12/learner-supports/healthy-kids-act

    

   The USDA Smart Snacks for Schools requires that all foods/beverages sold on campus from midnight through 30 minutes after the last bell of the school day must follow these requirements. To determine qualification enter each food item into the nutritional calculator (see link below) provided by the Iowa Department of Education/USDA and print out the reported results.

    

   https://schools.healthiergeneration.org/focus_areas/snacks_and_beverages/smart_snacks/alliance_product_calculator/

    

   This report shall be submitted to the Food Service Director before the items are sold.  These nutritional reports are being monitored by the Iowa Department of Education. 

    

   To ensure that all children have breakfast, either at home or at school, in order to meet their nutritional needs and enhance their ability to learn, the school will:

    

10. operate the breakfast program according to USDA guidelines

11. notify parents and students of the availability of the School Breakfast Program

12. encourage parents to provide a healthy breakfast for their children

     

    As an amendment of the Healthy Kids Act Section 273.2, Code 2007 of Section 143, the board of an area education agency or a consortium of two or more area education agencies shall contract with one or more licensed dieticians for the support of nutritional provisions in individual education plans developed in accordance with chapter 256B and to provide information to support school nutrition coordinators as needed.  As part of the school district’s responsibility to operate a food service program, the school district will:

13. provide continuing professional development for all nutrition professionals

14. encourage parents to include healthy foods and snacks in lunches brought from home(An addition to the handbook will include a policy for no pop, energy drinks, and other non-nutritional beverages.Only clear water bottles will be allowed.)

15. encourage staff to model healthy eating habits by choosing healthy foods and beverages

     

    At the high school level there will be a variety of healthy choices of foods and beverages for foods sold individually via A la carte outside the reimbursable meal programs.  These choices, along with all foods/beverages sold to students, including fundraisers, will follow the nutritional requirements of the Healthy Kids Act that took effect July 1, 2010 and the USDA Smart Snacks in School that is effective July 1, 2014 following their chart below:

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    Nutrition Standards for All Foods Sold in Schools

     

Beverages Standard

The Principal in each building will ensure compliance with these policies in their school building and will report in writing using the form provided by the food service director on the school’s compliance annually to the Superintendent and Food Service Director.

The Superintendent or his/her designee will ensure compliance with established school district-wide nutrition and physical activity wellness policies and goals. 

The school district has conducted a baseline assessment of the school’s existing nutrition and physical activity environments and practices.  The results of those school-by-school assessments have been compiled.

The Superintendent or his/her designee will report annually to the board and publish the report to the public regarding the effectiveness and compliance of this policy.

Approved:       6/06                             Reviewed:        6/08                 Revised:9/10                                                                                                                                                          

                                                                                                6/14                                6/14

                                                                                                4/17

                                                                                                10/20

Legal Reference:          Richard B. Russell National School Lunch Act, 42 U.S.C. 1751 et seq. (2005)

                                    Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq., 

                        Senate File 2425:

https://www.educateiowa.gov/sites/files/ed/documents/SenateFile2425.pdf

                                    Iowa Code section 256.7(5)

Cross Reference:         504.6   Student Activity Program

                                    710      School Food Services

ADMINISTRATION OF MEDICATION TO STUDENTS

The Board is committed to the inclusion of all students in the education program and recognizes that some students may need prescription and nonprescription medication to participate in their educational program.

Medication shall be administered when the student’s parent or guardian (hereafter “parent”) provides a signed and dated written statement requesting medication administration, and the medication is in the original labeled container, either as dispensed or in the manufacturer’s container.

When the administration of the medication requires ongoing professional health judgment, an individual health plan shall be developed by the licensed health practitioner with the student and the student’s parent.  Students who have demonstrated competence in administering their own medications may self-administer their medication.  A written statement by the student’s parent shall be on file requesting co-administration (student administration) of medication, when competence has been demonstrated. By law, students with asthma or other airway constricting diseases or students at risk of anaphylaxis who use epinephrine auto-injectors may self-administer their medication upon the written approval of the student’s parents and prescribing licensed health care professional regardless of competency

Persons administering medication shall include the licensed registered nurse, parent, physician, and persons who have successfully completed a medication administration course reviewed by the Board of Pharmacy Examiners.  A medication administration course and periodic update shall be conducted by a registered nurse or licensed pharmacist and record of course completion kept on file at the agency.

A written medication administration record shall be on file including:

• date                                                      
• student’s name       
• prescriber or person authorizing administration
• medication
• medication dosage
• administration time
• administration method
• signature and title of the person administering medication, and
• any unusual circumstances, actions or omissions

Medication shall be stored in a secured area unless an alternate provision is documented. Emergency protocols for medication-related reactions shall be posted.  Medication information shall be confidential information as provided by law.

Disposal of unused, discontinued/recalled, or expired medication shall be in compliance with federal and state law.  Prior to disposal school personnel shall make a reasonable attempt to return medication by providing written notification that expired, discontinued, or unused medication needs to be picked up.  If medication is not picked up by the date specified, disposal shall be in accordance with disposal procedures for  specific category of medication.

NOTE:  Iowa law requires school districts to allow students with asthma or other airway constricting disease to carry and self-administer their medication as long as the parents and prescribing physician report and approve in writing.  Students do not have to prove competency to the school district. The consent form, see 507.2E1 is all that is required.  School districts that determine students are abusing their self-administration may either withdraw the self-administration if medically advisable or discipline the student, or both.

Approved:    4/14/97                  Revised:  12/99

                                                                7/06

                                                                 10/16

Legal Reference:                  §§ 155A.4(2)”c”, Iowa Code (1999)

                                           Education[281] - §41.12(11)

                                           Pharmacy[657] - 10.16(204), IAC

                                           Nursing Board [655] - §6.2(152), IAC

                                           §124.101, Code of Iowa (1999)

                                           §147.107, Code of Iowa (1999)

                                           §152.1, Code of Iowa (1999)

Code No. 507.3

COMMUNICABLE DISEASES - STUDENTS

Students with a communicable disease will be allowed to attend school provided their presence does not create a substantial risk of illness or transmission to other students or employees.  The term "communicable disease" shall mean an infectious or contagious disease spread from person to person, or animal to person, or as defined by law.

Prevention and control of communicable diseases shall be included in the school district's bloodborne pathogens exposure control plan.  The procedures shall include scope and application, definitions, exposure control, methods of compliance, universal precautions, vaccination, post-exposure evaluation, follow-up, communication of hazards to employees and record keeping.  This plan shall be reviewed annually by the superintendent and school nurse.

The health risk to immuno-depressed students shall be determined by their personal physician.  The health risk to others in the school district environment from the presence of a student with a communicable disease shall be determined on a case-by-case basis by the student's personal physician, a physician chosen by the school district or public health officials.

Since there may be greater risks of transmission of a communicable disease for some persons with certain conditions than for other persons infected with the same disease, these special conditions: the risk of transmission of the disease, the effect upon the education program, the effect upon the student, and other factors deemed relevant by public health officials or the superintendent shall be considered in assessing the student's’ continued attendance at school.  The superintendent may require medical evidence that students with a communicable disease are able to attend school.

A student who is at school and who has a communicable disease which creates a substantial risk of harm to other students, employees, or others at school shall report the condition to the superintendent any time the student is aware that the disease actively creates such risk.

Health data of a student is confidential and it shall not be disseminated.  In compliance with FERPA, health data shall be shared with staff on a “need to know” basis as described in FERPA regulations.

It shall be the responsibility of the superintendent, in conjunction with the school nurse, to develop administrative regulations stating the procedures for dealing with students with a communicable disease.

Legal Reference:         School Board of Nassau County v. Arline, 480 U.S. 273 (1987).

                                  29 U.S.C. §§ 701 et seq. (1988).

                                  45 C.F.R. Pt. 84.3 (1993).

                                  Iowa Code ch. 139 (1995).

                                  641 I.A.C. 1.2-.5, 7.

Cross Reference:        403.3  Communicable Diseases - Employees

                                  506     Student Records

                                  507     Student Health and Well-Being

Approved:   8/7/89                Revised:   9/14/92                        Reviewed:    7/06

                                           Revised:   4/14/97

                                           Revised:   1/99

                                           Revised:   2/17

STUDENT ILLNESS OR INJURY AT SCHOOL

When a student becomes ill or is injured at school, the school district shall attempt to notify the student's parents as soon as possible.

The school district, while not responsible for medical treatment of an ill or injured student, will have employees present administer emergency or minor first aid if possible.  An ill or injured child will be turned over to the care of the parents or qualified medical employees as quickly as possible.

It shall be the responsibility of the principal to file an accident report with the superintendent within twenty-four hours after the student is injured.

Annually, parents shall be required to complete a medical emergency authorization form indicating the procedures to be followed, if possible, in an emergency involving their child.  The authorization form will also include the phone numbers of the parents and alternative numbers to call in case of an injury or illness.

The superintendent shall be responsible, in conjunction with the school nurse, to develop rules and regulations governing the procedure in the event a student should become ill or be injured at school.

Legal Reference:                Iowa Code § 613.17 (1995).

Cross Reference:               507  Student Health and Well-Being

Approved:    4/14/97                  Reviewed:    12/99

                                                                     7/06

                                                                     2/17

EMERGENCY DRILLS

Students will be informed of the action to take in an emergency.  Emergency drills for fire, weather, and other disasters shall be conducted each school year.  Fire and tornado drills shall be each conducted regularly during the academic school year with a minimum of two before December 31 and two after January 1.

Employees shall participate in emergency drills.  Licensed employees shall be responsible for instructing the proper techniques to be followed in the drill.

Legal Reference:         Iowa Code § 100.31 (1995).

                                  281 I.A.C. 41.27(3).

Cross Reference:        507     Student Health and Well-Being

                                  711.7  School Bus Safety Instruction

                                  804     Safety Program

Approved:    4/14/97                  Reviewed:    12/99

                                                                     7/06

                                                                     4/17

STUDENT INSURANCE

Students shall have the opportunity to participate in the health and accident insurance plan selected by the school district.  The cost of the health and accident insurance program shall be borne by the student.  Participation in the insurance health and accident plan is not a contract with the school district, but rather, a contract between the insurance company and the student.

Students participating in extracurricular athletics shall be required to have health and accident insurance.  The student shall bring written proof of insurance or participate in the health and accident insurance program selected by the school district.

Legal Reference:         Iowa Code § 279.8 (1995).

Cross Reference:        504  Student Activities

                                  507  Student Health and Well-Being

Approved:    4/14/97                  Reviewed:    12/99

                                                                       7/06

                                                                        4/17

CUSTODY AND PARENTAL RIGHTS

Disagreements between family members are not the responsibility of the school district.  The school district will not take the "side" of one family member over another in a disagreement about custody or parental rights.  Court orders that have been issued shall be followed by the school district.  It shall be the responsibility of the person requesting an action by the school district to inform and provide the school district the court order allowing such action.

This policy does not prohibit an employee from listening to a student's problems and concerns.

It shall be the responsibility of the superintendent to ensure employees remain neutral in a disagreement about custody and parental rights.

Legal Reference:         Iowa Code §§ 232.67, .70, .73, .75; 235A; 279.8; 710.6 (1995).

                                  441 I.A.C. 9.2; 155; 175.

Cross Reference:        506  Student Records

                                  507  Student Health and Well-Being

Approved:    4/14/97                  Reviewed:    12/99

                                                                       7/06

                                                                       4/17

STUDENT SPECIAL HEALTH SERVICES

The Board recognizes that there are some special education students who are in need of special health services during the school day.  These students shall receive confidential special health services in conjunction with their education program.

The superintendent, in conjunction with licensed health personnel, shall draft administrative regulations for the implementation of this policy.

Legal Reference:         Board of Education v. Rowley, 458 U.S. 176 (1982).

                                  Springdale School District #50 v. Grace, 693 F.2d 41 (8th Cir. 1982).

                                  Southeast Warren Comm. School District v. Dept. of Public Instruction, 285 N.W.2d 173 (Iowa 1979).

                                  20 U.S.C. §§1400 et seq. (1988).

                                  34 C.F.R. Pt. 300 et seq. (1993).

                                  Iowa Code §§ 256.11(7); 256B; 273.2, .5, .9(2)-(3); 280.8 (1995).

                                  281 I.A.C. 41.

Cross Reference:        502     Student Rights and Responsibilities

                                  506     Student Records

                                  603.3  Special Education

Approved:    4/14/97                  Reviewed:    12/99

                                                                     7/06

                                                                      4/17

CRISIS PREVENTION/INTERVENTION/AWARENESS

The Estherville Lincoln Central Board of Education recognizes that violence, suicide, accidents, and tragedies are part of our society.

As such, the Board desires a comprehensive management program which includes a plan that is proactive and includes prevention, intervention, response, aftermath, and recovery components that address potential and materialized problems.

The Board supports the following activities:

(1) Establishment of procedures for dealing with trauma, tragedy and loss of life within our schools.

(2) Provision of materials and other resources to increase awareness of relevant issues.

(3) Provision of appropriate staff development especially for intervention methods and procedures.

(4) Development of appropriate curriculum that educates students in health and sociological issues and encourages greater self-esteem and self-responsibility.

(5) Establishment of Crisis Management Response Teams at the school level supported by a central Crisis Management Advisory Team.

Cross Reference:        502.6    Weapon

                                  502.10  Harassment

                                  603.5    Health Education

Approved:    10/98                          Reviewed:    7/06

                                                                            4/17

CLASS OR STUDENT GROUP GIFTS

The Board welcomes gifts to the school district from a class or student group.  While class gifts to the school district do not require the approval of the superintendent, the Board encourages students to consult with the superintendent or other licensed employees prior to selecting a gift for the school district.

Legal Reference:         Iowa Code §§ 68B; 722.1, .2 (1995).

Cross Reference:        704.4  Gifts - Grants – Bequests

Approved:    4/14/97                  Reviewed:    12/99

                                                                       7/06

                                                                        4/17

COMMUNITY NIGHT

In keeping with good community relations, student school activities will not be scheduled on Wednesday night beyond 6:30 p.m. whenever possible.  It shall be the responsibility of the principal to oversee the scheduling of school activities for compliance with this policy.

Legal Reference:         Iowa Code § 279.8 (1995).

Cross Reference:        900  Principles and Objectives for Community Relations