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.  Appropriate classroom behavior allows teachers to communicate more effectively with students.

Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district.  Consequences for the misconduct will be fair and developmentally appropriate in light of the circumstances.

Students who fail to abide by this policy and the administrative regulations supporting it may be disciplined for conduct which disrupts or interferes with the education program; conduct which disrupts the orderly and efficient operation of the school district or school activity; conduct which disrupts the rights of other students to participate in or obtain their education; conduct that is violent or destructive; or conduct which interrupts the maintenance of a disciplined atmosphere.  Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.

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

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

In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision.  An in-school suspension will not exceed ten consecutive school days. 

Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities.  An out-of-school suspension will not exceed ten consecutive school days unless due process is provided as required by federal and state law.  A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.

Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded.  The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty.  Failure of the student to meet these conditions and terms will result in immediate reinstatement of the penalty.

Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.

This policy is not intended to address the use of therapeutic classrooms or seclusion rooms for students.

Discipline of special education students, including suspensions and expulsions, will comply with the provisions of applicable federal and state laws.

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

 

 

Legal Reference:  Goss v. Lopez, 419 U.S. 565 (1975).
                              Brands v. Sheldon Community School District, 671 F. Supp. 627 (N.D. Iowa 1987).
                              Sims v. Colfax Comm. School Dist., 307 F. Supp. 485 (Iowa 1970).
                              Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
                              Board of Directors of Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147 N.W.2d 854 (1967).
                              Iowa Code §§ 279.8; 282.3; 282.4, 282.5; 708.1
                              281 I.A.C. 12.3(6)

Cross Reference:  501      Student Attendance
                              502      Student Rights and Responsibilities
                              503.6   Physical Restraint and Seclusion of Students
                              504      Student Activities
                              603.2   Special Education
                              904.5   Distribution of Materials

Approved:  11/01/2004

Reviewed:  10/27/2008, 01/20/2014, 02/18/2019

Revised:  08/17/2015, 11/21/2016, 01/18/2021, 03/18/2024

                                                                                                                    

 

Only the board may remove a student from the school environment for more than ten (10) consecutive school days.   

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 (2003).
                              281 I.A.C. 12.3(6).

Cross Reference:  502      Student Rights and Responsibilities
                              503      Student Discipline

Approved:  11/01/2004

Reviewed:  10/27/2008, 01/20/2014, 02/18/2019

Revised:  03/18/2024

 

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 will inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually.  Parents of students meeting specific financial eligibility standards will be eligible for a waiver of student fees or a reduction of student fees based upon the request of the parent.  It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

 

Legal Reference:  Iowa Code §§ 256.7(20); 279.8; 280.10, .11; 282.6; 285.1; 301.1 (2003).
                             281 I.A.C. 18.
                             1994 Op. Att'y Gen. 23.
                             1990 Op. Att'y Gen. 79.
                             1982 Op. Att'y Gen. 227.
                             1980 Op. Att'y Gen. 532.

Cross Reference:  501.17 Homeless Children & Youth
                              502      Student Rights and Responsibilities
                              503      Student Discipline

Approved:  11/01/2004

Reviewed:  01/20/2014, 05/20/2024

Revised:  11/17/2008, 02/18/2019

        

 

 

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 activity standards policy.

It will 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 (2003).

                                    281 I.A.C. 12.3(6); 36.15(1).

 

Cross Reference:        502      Student Rights and Responsibilities

                                    503      Student Discipline

                                    504      Student Activities

 

Approved:  11/01/2004

Reviewed:  10/27/2008, 01/20/2014

Revised:  03/18/2019, 10/21/2019, 11/15/2021

 

 

The use of corporal punishment, mechanical restraint and/or prone restraint is prohibited in all schools. Corporal punishment is defined as the intentional physical punishment of a student.  It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain.  No employee is prohibited from any of the following which are not considered corporal punishment:

• 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 objects within a student'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 student from class or any area of school premises or from school-sponsored activities off school premises.

                  --    To protect a student from the self-infliction of harm.

                  --    To protect the safety of others.

• Using incidental, minor, or reasonable physical contact to maintain order and control.

Mechanical restraint means the use of a device as a means of restricting a student’s freedom of movement.  Mechanical restraint does not mean a device used by a trained individual for specific approved therapeutic or safety purposes for which the device was designed and, if applicable, prescribed, including restraints for medical immobilization, adaptive devices or mechanical supports used to allow greater freedom of mobility than would be possible without use of such devices or mechanical supports; and vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.

Prone restraint means any restraint in which the student is held face down on the floor.

Reasonable 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, including mental and psychological injury;

      5.         The motivation of the school employee using physical force.

Upon request, the student's parents are given an explanation of the reasons for physical force.

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

 

 

Legal Reference:  Ingraham v. Wright, 430 U.S. 651 (1977).
                             Goss v. Lopez, 419 U.S. 565 (1975).
                             Tinkham v. Kole, 252 Iowa 1303, 110 N.W.2d 258 (1961).
                             Iowa Code §§ 279.8; 280.21. (2003).
                             281 I.A.C. 12.3(6); 103.

Cross Reference:  402.3   Abuse of Students by School District Employees
                              502      Student Rights and Responsibilities
                              503      Student Discipline
                              503.6    Physical Restraint and Seclusion   

 

Approved:  11/01/2004

Reviewed:  10/27/2008, 01/20/2014, 02/18/2019

Revised:  01/18/2021                           

                                                                                      

 

 

 

It is the goal of the district that all students can learn and grow in a safe and peaceful environment that nurtures the student and models respect for oneself and others.  On occasion, trained district employees and others may have to use behavior management interventions, physical restraint and/or seclusion of students.  The goal of these interventions is to promote the dignity, care, safety, welfare and security of each child and the school community.  With this objective in mind, the district will prioritize the use of the least restrictive behavioral interventions appropriate for the situation.

Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student’s arms, legs, body, or head freely.  Physical restraint does not mean a technique used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which the technique was designed and, if applicable, prescribed.  Physical restraint does not include instructional strategies, such as physically guiding a student during an educational task, hand-shaking, hugging, or other non-disciplinary physical contact. 

Seclusion means the involuntary confinement of a child in a seclusion room or area from which the child is prevented or prohibited from leaving; however, preventing a child from leaving a classroom or school building are not considered seclusion.  Seclusion does not include instances when a school employee is present within the room and providing services to the child, such as crisis intervention or instruction. 

Physical restraint or seclusion is reasonable or necessary only:

• To prevent or terminate an imminent threat of bodily injury to the student or others; or
• To prevent serious damage to property of significant monetary value or significant nonmonetary       value or importance; or
• When the student’s actions seriously disrupt the learning environment or when physical restraint or seclusion is necessary to ensure the safety of the student or others; and
• When less restrictive alternatives to seclusion or physical restraint would not be effective, would not be feasible under the circumstances, or have failed in preventing or terminating the imminent threat or behavior; and
• When the physical restraint or seclusion complies with all applicable laws.

Prior to using physical restraint or seclusion, employees must receive training in accordance with the law.  Any individual who is not employed by the district but whose duties could require the individual to use or be present during the use of physical restraint or seclusion on a student will be invited to participate in the same training offered to employees on this topic. 

When required by law, the superintendent or the superintendent’s designee will ensure a post-occurrence debriefing meeting is held, maintain documentation and fulfill all reporting requirements for each occurrence of physical restraint or seclusion as required by law. 

 

 

Legal Reference:  Iowa Code §§ 279.8; 280.21.
                               281 I.A.C. 103.

Cross Reference:  402.3   Abuse of Students by School District Employees
                               502      Student Rights and Responsibilities
                               503      Student Discipline
                               503.5    Corporal Punishment

 

Approved:  01/18/2021

Reviewed:  

Revised:  

 

 

Discipline is designed to promote behavior that will enable students to learn and successfully participate in their educational and social environments. The Independence Community School District utilizes the Discipline Matrix in order to maintain a safe and equitable learning environment. The district discipline policy for students who make a threat of  violence or commit an act of violence is developed to help students understand their obligations to others in the school setting, secure the safety of all students, staff and the community, and to correct student behavior if a violation occurs (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 1).

Students will conduct themselves in a manner fitting their age, grade level, and maturity, and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. Consequences for the misconduct will be fair and tailored to the age, grade level, and maturity of the student.

Discipline and other responses to threats or incidents of violence by a student with a disability, including removal from a class, placement in a therapeutic classroom, suspensions, and expulsions, will comply with  the provisions of applicable federal and state laws including, but not limited to, the IDEA, Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 3).

Reporting a Threat of Violence or Incidence of Violence

In the case of any threat of violence or incident of violence that results in injury, property damage or assault by a student, the teacher will report to the school principal or lead administrator within 24 hours of the incident. The principal or lead administrator will notify the parent or guardian of the student(s) who threatened or perpetrated an act of violence and the student(s) who the threatened or perpetrated act of violence was made against within 24 hours after receipt of the teacher’s report and complete an investigation of the incident as soon as possible. The classroom teacher may also notify the parent or guardian of the student  who made the threat or caused the incident, and the parent or guardian of the student against whom the  threat or incident was directed (2023 Iowa Acts, chapter 96 (House File 604), sec. 4). 

An investigation will be initiated by the principal or lead administrator upon learning of an incident of violence or threat of violence through any credible means. If the principal or lead administrator finds that an incident of violence or threat of violence did occur, the administrator will determine the level of threat or incident by considering all aspects of the situation, including the student's intent and knowledge of the impact of their actions, their developmental level and context of the incident. The resolution will focus on identifying the cause behind the behavior and appropriate corrective action (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsections 1 and 4). 

A student who makes a threat of violence, causes an incident of violence that results in injury or property damage, or who commits an assault, will be subject to escalating levels of discipline for each occurrence.  When appropriate, referrals will be made to local law enforcement. The district retains the authority to assign the level of disciplinary measures appropriate to the severity of the threat of violence or incident of violence (2023 Iowa Acts, chapter 96 (House File 604), sec. 7, new section 279.79, subsection 5).

Threat of Violence

Threat of violence means a written, verbal, electronic, or behavioral message that either explicitly or implicitly expresses an intention to inflict emotional or physical injury, property damage, or assault.

Incident of Violence

Incident of violence means the intentional use of physical force or power against oneself, another person, a group or community or property resulting in injury, property damage or assault. 

Injury

Injury means “physical pain, illness or any impairment of physical condition.” State v. McKee, 312 N.W.2d  907, 913 (Iowa 1981).

Property Damage

Property damage means any destruction, damage, impairment or alteration of property to which the individual does not have a right to take such an action. Property means real property, which includes any real estate, building, or fixture attached to a building or structure, and personal property, which includes intangible  property (Iowa Code section 4.1(21)).

Assault

Assault means when, without justification, a student does any of the following:

an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward  another. 

The act is not an assault when the person doing any of the above and the other person are voluntary participants in a sport, social or other activity, not in itself criminal, when the act is a reasonably foreseeable incident of such sport or activity, and does not create an unreasonable risk of serious injury or breach of the  peace (Following Iowa Code section 708.1).

Definitions

 

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

Expulsion means an action by the board to remove a student from the school environment, which includes, but is not limited to, classes and activities, for a period of time set by the board.

In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision.  An in-school suspension will not exceed ten consecutive school days. 

Out-of-school suspension means the student is removed from the school environment, which includes school classes and activities. An out-of-school suspension will not exceed ten consecutive school days  unless due process is provided as required by federal and state law. A restriction from school activities  means a student will attend school and classes and practice but will not participate in school activities. 

Placement in an alternate learning environment means placement of a student in an environment established apart from the regular educational program that includes rules, staff and resources designed to accommodate student needs and to provide a comprehensive education consistent with the student learning  goals and content standards established by the school district.

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

 

 

 

Legal Reference:          Iowa Code §279.79

Cross Reference:         502      Student Rights and Responsibilities
                                     503      Student Discipline

 

Approved:  03/18/2024

Reviewed:

Revised: