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