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503.4R Good Conduct Rule Regulations

GOOD CONDUCT RULE

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

STATEMENT OF PHILOSOPHY                                                                                             

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

The following activities are covered by this policy:

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

1. Attendance Regulations

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

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

GOOD CONDUCT RULE

2. Academic Requirements - High School

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

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

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

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

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

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

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

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

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

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

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

3. Student Good Conduct and Related Rules

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

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

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

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

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

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

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

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

            First Occurrence

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

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

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

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

            Second Occurrence

1. Minimum of six (6) public performances.

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

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

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

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

            Third Occurrence

1. One year suspension.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1) Found so by a court of law.

2) Admits to violating one of the standards.

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

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

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

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

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

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

6. Appeal Process

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

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