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 (2001).
                                       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:  102       School District Instructional Organization
                                       501       Student Attendance

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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 is the current per-pupil cost of the school district as computed by the board secretary-treasurer 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 October 1 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 (2001).

Cross Reference:  501       Student Attendance

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

Parents within the school district who have children over age six and under age sixteen by September 15, in proper physical and mental condition to attend school, will have the children attend the school district at the attendance center designated by the board.  Students will 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 175 days.  Students not attending the minimum days must be exempted 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;

• are receiving independent private instruction; or,

·    are receiving competent 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.

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

The school will participate in mediation if requested by the county attorney.  The superintendent will 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.

Legal Reference:  Iowa Code §§ 239.5B; 259A; 279.10-.11; ch. 299; 299A (2001).
                                       441 I.A.C. 41.25(8).
                                       1978 Op. Att'y. Gen. 379.

Cross Reference:  501       Student Attendance
                                       601.1    School Calendar
                                       604.1    Competent Private Instruction

Approved 01-15-90                        
Reviewed 11-18-91; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-16-91; 01-19-04

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.

To enter the school’s four year old Pre-School program the student must be age four (4) on or prior to September 15 with no tuition charged.  To enter the school’s three year old Pre-school program the student must be three (3) on or prior to September 15.  Tuition will be charged for the three year old program.

The board will 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 is 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 is reason for suspension, expulsion or denying admission to the student.

Legal Reference:  Iowa Code §§ 139.9; 282.1, .3, .6 (2001).
                                       1980 Op. Att'y Gen. 258.

Cross Reference:  501       Student Attendance
                                       507.1    Student Health and Immunization Certificates

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04; 02-18-08; 12-19-11

The board will 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 is 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 will 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 (2001).

Cross Reference:  501       Student Attendance

Approved 01-15-90                         
Reviewed 12-15-03; 01-21-08; 11-14-11; 05-11-16
Revised 01-19-04

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 will 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.  Students expelled or suspended from their previous school district will only be enrolled after approval of the board.

The superintendent will 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 (1994).
                                       Iowa Code §§ 139.9; 282.1, .3, .4; 299A (2001).

Cross Reference:  501       Student Attendance
                                       505.4    Student Honors and Awards
                                       507       Student Health and Well-Being
                                       604.1    Competent Private Instruction

Approved 01-15-90                        
Reviewed 11-15-93; 05-15-95; 11-20-95; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-20-93; 06–12-95; 12-18-95; 01-19-04

If the student's parents wish to withdraw or transfer the student from school prior to completing and graduating from the education program, they will 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 will state the student's final day of attendance.  If the student is not enrolling in another school district, the school district will 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 will notify the superintendent in writing.  This notice will 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 will 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 will 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 (1994).
                                       Iowa Code §§ 274.1; 299.1-.1A (2001).

Cross Reference:  501       Student Attendance
                                       506       Student Records
                                       604.1    Competent Private Instruction

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04 

As part of the school district's records, the daily attendance of each student is recorded and maintained on file with the permanent records of the board secretary-treasurer.

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

Legal Reference:  Iowa Code §§ 294.4; 299 (2001).
                                       281 I.A.C. 12.2(4).

Cross Reference:  501       Student Attendance
                                       506       Student Records

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

Regular attendance by students 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 will attend school unless excused by the principal of their attendance center.

Student absences approved by the principal are excused absences.  Excused absences will 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, appointments that cannot be scheduled outside the school day and school-sponsored or approved activities.

Students whose absences are approved will make up the work missed and receive full credit for the missed school work.  It is 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 the last half of the day of the activity unless permission has been given by the principal for the student to be absent.

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

Legal Reference:  Iowa Code §§ 294.4; 299 (2001).
                                       281 I.A.C. 12.2(4).

Cross Reference:  501       Student Attendance
                                       503       Student Discipline
                                       504       Student Activities
                                       506       Student Records

Approved 01-15-90                        
Reviewed 11-18-91; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-16-91; 01-19-04

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 will 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 is within the discretion of the principal to determine, in light of the circumstances, whether a student may make up work missed because of truancy.  Students receiving special education services will not be assigned to a suspension unless the goals and objectives of the student's Individualized Education Program are capable of being met.

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

Legal Reference:  Iowa Code §§ 294.4; 299 (2001).
                                       281 I.A.C. 12.2(4).

Cross Reference:  206.3    Secretary
                                       410.5    Truancy Officer
                                       501       Student Attendance
                                       503       Student Discipline
                                       504       Student Activities
                                       506       Student Records

Approved 07-18-90                        
Reviewed 11-18-91; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-16-91; 01-19-04

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

Legal Reference:  Iowa Code § 294.4 (2001).
                                       281 I.A.C. 12.2(4).

Cross Reference:  501       Student Attendance
                                       503       Student Discipline
                                       504       Student Activities
                                       506       Student Records

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16                        
Revised 01-19-04

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 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 pregnancy, the student may be excused and arrangements made to continue her studies during her absence.  The student will resume classes upon the recommendation of her physician.

Legal Reference:  Iowa Code §§ 216; 279.8; 280.3 (2001).

Cross Reference:  501       Student Attendance
                                       604.2    Individualized Instruction

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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 (1994).
                                       Iowa Code §§ 22; 282.2, .6, .7; 285.4; 599.1; 622.10 (2001).
                                       281 I.A.C. 12.3(6).

Cross Reference:  501       Student Attendance
                                       506       Student Records

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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 will notify the school district no later than March 1 in the school year preceding the first year desired for open enrollment.  The notice is made on forms provided by the Department of Education.  The forms are available at the central administration office.

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 in the same manner set forth above.

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 sending school district by mail within five days of the school district’s action to approve or deny the open enrollment request.  The board will not approve a student’s request to allow the receiving district to enter the school district for the purposes of transportation.

The board will approve all other 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 superintendent will notify the parents by mail within three days of the board’s action to approve or deny the open enrollment request.  Approved open enrollment requests are transmitted by the superintendent to the receiving district within five days after the board’s action on the open enrollment request.

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.

Legal Reference:  Iowa Code §§ 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (2001).
                                       281 I.A.C. 17.
                                       1990 Op.  Att'y Gen. 75.

Cross Reference:  501       Student Attendance
                                       506       Student Records

Approved 01-15-90                        
Reviewed 04-20-92; 09-19-94; 05-20-96; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 05-18-92; 10-17-94; 06-18-96; 01-19-04

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 will have complete discretion to determine the attendance center of the students attending the school district under open enrollment.

The board will take action on the open enrollment request no later than March 1 in the year preceding the first year desired for open enrollment.

The superintendent will notify the sending school district within five days of the board’s action to approve or deny the open enrollment request.  The superintendent will notify the parents within fifteen days of the board’s action to approve or deny the open enrollment request.  The superintendent will also forward a copy of the board’s action with a copy of the open enrollment request to the Iowa 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 provided the required timelines are met.

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 are 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 grades ten through twelve open enrolling into the school district will not be eligible for participation in interscholastic athletics during the first ninety days of open enrollment into the school district.

Parents of students whose open enrollment requests are approved by the board are responsible for providing transportation to and from the receiving school district without reimbursement.  The board will not approve transportation into the sending district.

An open enrollment request into the school district from parents of a special education student is reviewed on a case-by-case basis.  The determining factors for approval of such an open enrollment request will be whether the special education program available in the school district is appropriate for the student's needs and whether the enrollment of the special education student will cause the class size to exceed the maximum allowed.  The area education agency director of special education serving the school district will determine whether the program is appropriate.  The special education student will remain in the sending district until the final determination is made.

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

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

Legal Reference:  Iowa Code §§ 139.9; 274.1; 279.11; 282.1, .3, .8, .18; 299.1 (2001).
                                       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
                                       501.15  Open Enrollment Transfers - Procedures as a Sending District
                                       506       Student Records
                                       507       Student Health and Well-Being
                                       606.9    Insufficient Classroom Space

Approved 01-15-90                              
Reviewed 04-20-92; 05-20-96; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 05-18-92; 06-18-96; 01-19-04

The board will make reasonable efforts to identify homeless children and youth of school age within the district, encourage their enrollment and eliminate existing barriers to their receiving an education which may exist in district policies or practices.  The designated coordinator for identification of homeless children and for tracking and monitoring programs and activities for these children is the school guidance counselor.

A homeless child is defined as a child or youth between the ages of 3 and 21 who lacks a fixed, regular and adequate nighttime residence and includes a child or youth who is living on the street, in a car, tent, or abandoned building or some other form of shelter not designed as a permanent home; who is living in a community shelter facility; or who is living with non-nuclear family members or with friends, who may or may not have legal guardianship over the child or youth of school age.

So that enrollment of homeless children and youth of school age may be facilitated, the following policy areas are modified as follows:

School Records:  For students transferring out of the district, records may be provided directly to the student or the student's parents.  In addition, students transferring into the school district may provide cumulative records directly to the district.  The school district will not require that such records be forwarded from another school district before that student may enroll.  The school will then request the official records from the previous school.

Immunization Requirements:  Homeless students will not be denied enrollment for lack of immunization records if:

                  1.       They have a statement signed by a physician stating that immunization would be injurious to the student;

                  2.       They provide an affidavit stating such immunization would conflict with their religious beliefs;

                  3.       They are in the process of being immunized; or

                  4.       They are a transfer student from another school.

The school district will make a reasonable effort to locate immunization records from the information provided or will arrange for the student to receive immunizations.

Waiver of Fees and Charges:  Fees and charges which may present a barrier to the enrollment or transfer of a homeless child or youth may be waived in the discretion of the superintendent.

Enrollment Requirements/Placement:  Enrollment requirements which may constitute a barrier to the education of the homeless child or youth may be waived in the discretion of the superintendent.  If the school district is unable to determine the grade level of the student because of missing or incomplete records, the school district will administer tests or utilize other reasonable means to determine the appropriate grade level for the child.

Residency:  For purposes of a homeless child or youth, residence for the purpose of attending school is where the child actually resides or the child's school district of origin.  A child's school district of origin is the school district where the child was last enrolled.  The deciding factor is the welfare of the child.  As much as possible, the child will not be required to change attendance centers within the school district every time the child changes residence unless that change results in the child no longer being classified as homeless.

Transportation:  Policies or practices regarding transportation of students which might cause a barrier to the attendance of a homeless child or youth may be waived by the superintendent.

Special Services:  All services which are available to resident students are made available to homeless children or youths enrolled in the school district.  Services include special education, talented and gifted programs, vocational education, English as a second language programs, health services and food and nutrition programs.

The contents of this policy will supersede any and all conflicting provisions in board policies dealing with the seven policy areas discussed above.

Legal Reference:  42 U.S.C. §§ 11431 et seq. (1994).
                                       281 I.A.C. 33.

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 02-18-93                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-20-14; 05-11-16                        
Revised 01-19-04; 06-17-14

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.

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 is 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 (2001).

Cross Reference:  500       Objectives for Equal Educational Opportunities for Students
                                       502       Student Rights and Responsibilities

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

Students will 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 is 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 (2001).

Cross Reference:  502       Student Rights and Responsibilities
                                       802.1    Maintenance Schedule

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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 will not, in the judgment of the administration, encourage the breaking of laws, defame others, be obscene or indecent, or cause a material and substantial disruption to the educational program.  The administration, when making this judgment, will 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 are responsible for insuring students' expression is in keeping with this policy.  It is 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 Ind. Comm. Sch. Dist., 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 (2001).

Cross Reference:  502       Student Rights and Responsibilities
                                       504       Student Activities
                                       603.9    Academic Freedom
                                       904.5    Distribution of Materials

Approved 01-15-90                        
Reviewed 03-16-92; 12-15-03; 11-21-11; 05-11-16
Revised 04-20-92; 01-19-04

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 five (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  five (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.

Legal Reference:  Iowa Code § 279.8 (2001).

Cross Reference:  214.1    Board Meeting Agenda
                                       215       Public Participation in Board Meetings
                                       309       Communication Channels
                                       502       Student Rights and Responsibilities
                                       504.3    Student Publications

Approved 01-15-90                        
Reviewed 03-16-92; 12-15-03; 11-21-11; 05-11-16
Revised 04-20-92; 01-19-04

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

To ensure students are properly maintaining their assigned lockers, the principal of the building may periodically inspect all or a random selection of lockers.  Either students or another individual will 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 §§ 279.8; 280.14; 808A (2001).

Cross Reference:  502       Student Rights and Responsibilities

Approved 01-15-90                  
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

The board believes weapons, other dangerous objects and look-a-likes 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 look-a-likes.  Weapons and other dangerous objects and look-a-likes will 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 weapons, dangerous objects or look-a-likes on school property are notified of the incident.  Possession or confiscation of weapons or dangerous objects will be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.

Students bringing firearms to school or knowingly possessing firearms at school will be expelled for not less than one year. The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis.  For purposes of  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.

Weapons under the control of law enforcement officials are exempt from this policy.  The principal may allow authorized persons to display weapons, other dangerous objects or look-a-likes for educational purposes.  Such a display will also be exempt from this policy.  It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference:  Improving America's Schools Act of 1994, P.L. 103-382.
                                       18 U.S.C. § 921 (1994).
                                       McClain v. Lafayette County Bd. of Education, 673 F.2d 106 (5th Cir. 1982).
                                       Iowa Code §§ 279.8; 280.21B; 724 (2001).
                                       281 I.A.C. 12.3(6)

Cross Reference:  502       Student Rights and Responsibilities
                                       503       Student Discipline
                                       507       Student Health and Well-Being

Approved 01-15-90                        
Reviewed 09-19-94; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 10-17-94; 01-19-04

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 vehicles; while attending or engaged in school activities; and while away from school grounds if the 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 will 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;

Approved 01-15-90                        
Reviewed 11-18-91; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 12-16-91; 01-19-04

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 and articulable suspicion that a school district policy, rule, regulation or law has been violated.  The search is 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, will not create a protected student area and will not give rise to an expectation of privacy with respect 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 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.  Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials.  The board believes that illegal, unauthorized or contraband materials may 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 is the responsibility of the superintendent, in conjunction with the principals, 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 (2001).
                                       281 I.A.C. 12.3(8).

Cross Reference:  502       Student Rights and Responsibilities
                                       503       Student Discipline

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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 are made through the principal's office.  Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted.  Generally, prior to granting a request, the principal will 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 (2001).
                                       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
                                       502.10  Search and Seizure
                                       503       Student Discipline
                                       902.4    Students and the News Media

Approved 01-15-90                               
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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

Legal References:  20 U.S.C. §§ 1221-1234i (1994).
                                         29 U.S.C. § 794 (1994).
                                         42 U.S.C. §§ 2000d-2000d-7 (1994).
                                         42 U.S.C. §§ 12001 et. seq. (1994).
                                         Iowa Code §§ 216.9; 280.3 (2001).
                                         281 I.A.C. 12.3(6).

Cross References:  403.6    Harassment
                                         502       Student Rights and Responsibilities
                                         503       Student Discipline
                                         506       Student Records

Approved 11-21-94                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16 
Revised 01-19-04

The board recognizes the convenience to families and students of having students drive to and park at their school attendance center.  Driving a motor vehicle to and parking it at the student's attendance center is a privilege.

Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center.  Students may not loiter around or be in their vehicle during the school day without permission from the principal.  Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center.  Students who drive shall enter and leave the parking lot by the routes designated by the principal. 

Students who live within one mile of school, and would not otherwise be eligible for a student driving permit, may be eligible for a student driving permit, for driving to and from school and school activities and practices,  if the student is participating in the activity.

Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by the building principal.  Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.

Legal Reference:  Iowa Code §§ 279.8; 321 (2001).

Cross Reference:  502       Student Rights and Responsibilities
                                       802.6    Parking

Approved 01-15-90                  
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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.

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 vehicles; while attending or engaged in school district activities will be suspended by the principal.  Notice of the suspension is sent to the board president.  The board will 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 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 nonschool 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.

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 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.

Following the suspension of a special education student, an informal evaluation of the student's placement will take place.  The Individual Education Program (IEP) is 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 will meet to determine whether the IEP is appropriate.

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; 282.4, .5; 708.1 (2001).

Cross Reference:  501       Student Attendance
                                       502       Student Rights and Responsibilities
                                       504       Student Activities
                                       603.3    Special Education
                                       904.5    Distribution of Materials

Approved 01-15-90                        
Reviewed 09-19-94; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 10-17-94; 01-19-04

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 is 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 is 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 will keep records of expulsions in addition to the board's records.

When a student is recommended for expulsion by the board, the student is 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 (2001).
                                       281 I.A.C. 12.3(8).

Cross Reference:  502       Student Rights and Responsibilities
                                       503       Student Discipline

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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 (2001).
                                       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 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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 will keep records of violations of the good conduct rule.

It is 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 (2001).
                                       281 I.A.C. 12.3(8); 36.15(1).

Cross Reference:  502       Student Rights and Responsibilities
                                       503       Student Discipline
                                       504       Student Activities

Approved 01-15-90                        
Reviewed 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 01-19-04

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 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).
                                       Lai v. Erickson, PTPC Admin. Doc. 83-12 (1983).
                                       Iowa Code §§ 279.8; 280.21 (2001).
                                       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 01-15-90                        
Reviewed 05-18-92; 12-15-03; 01-21-08; 11-21-11; 05-11-16
Revised 06-15-92 ; 01-19-04                                                                                            

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, will set forth the guidelines for the student government's elections, operations, and other elements of the government.

Legal Reference:  Iowa Code § 279.8 (2001).

Cross Reference:  502       Student Rights and Responsibilities
                                       504       Student Activities

Approved 1-15-90                          
Reviewed 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 1-19-04

Extracurricular activities and student groups are related to the curriculum of the secondary schools in the school district.  These secondary school curriculum-related student organizations may use the school facilities for meetings and other purposes before, after, and during the instructional school day.

It is the responsibility of the building 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?

It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.  The administrative regulations will include, but not be limited to, stating the process for establishing a curriculum-related student group, assigning a faculty advisor and obtaining board approval for each student group.  The administrative rules will also include the purpose of each group and its relationship to the curriculum.

Legal Reference:  Westside Community Board of Education v Mergens, 496 U.S. 226 (1990).
                                       Bender v. Williamsport Area Community School District, 741 F.2d 538 (3d Cir. 1984), vacated and remanded on other grounds, 475 U.S. 534 (1986).
                                       20 U.S.C. §§ 4071-4074 (1994).
                                       Iowa Code §§ 287.1-.3; 297.9 (2001).

Cross Reference:  502       Student Rights and Responsibilities
                                       504       Student Activities

Approved 01-15-92                        
Reviewed 05-18-92; 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 06-15-92; 01-19-04

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 will 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 is 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 will follow the grievance procedure outlined in board policy 213.1.  Students who believe their freedom of expression in a student-produced official school publication has been restricted will follow the grievance procedure outlined in board policy 502.4.

The superintendent is responsible for developing a student publications code.  This code will include, but not be limited to, reasonable rules including time, place, and manner of restrictions.  The superintendent will 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 (2001).

Cross Reference:  309       Communication Channels
                                       502       Student Rights and Responsibilities
                                       504       Student Activities
                                       903.5    Distribution of Material

Approved 01-15-90                        
Reviewed 03-16-92; 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 04-20-92; 01-19-04

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 is 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 is 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 are 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 (2001).
                                       281 I.A.C. 12.6.

Cross Reference:  502       Student Rights and Responsibilities
                                       503.4    Good Conduct Rule
                                       504       Student Activities
                                       905       Community Activities Involving Students

Approved 01-15-90                        
Reviewed 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 01-19-04

Students may raise funds for school-sponsored events with the permission of the principal.  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 is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference:  Senior Class of Pekin High School v. Tharp, 154 N.W.2d 874 (Iowa 1967).
                                       Iowa Code § 279.8 (2001).

Cross Reference:  402.9    Solicitations from Outside
                                       502       Student Rights and Responsibilities
                                       503       Student Discipline
                                       504       Student Activities
                                       704.5    Student Activities Fund
                                       905.2    Advertising and Promotion

Approved 01-15-90                        
Reviewed 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 01-19-04

Participation in school activities is a privilege.  School activities provide the benefits of promoting additional interests and ability in the students during their school years and for their lifetime.

Students will have an opportunity to participate in a school activity unless the activity is not offered, the activity is an intramural or interscholastic athletic activity or the student cannot participate for disciplinary reasons.  If the activity is an intramural or interscholastic activity, students of the opposite sex will have a comparable opportunity for participation.  Comparable opportunity does not guarantee boys and girls will be allowed to play on each other’s team when there are athletic activities available that will allow both boys and girls to reap the benefits of school activities, which are the promotion of additional interests and abilities in the students.

Student activity events must be approved by the superintendent unless they involve unusual travel expense, in which case the board will take action.  The events must not disrupt the education program or other school district operations.

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

A student who participates in a sport in violation of this policy shall be ineligible to participate on a school sponsored team in that sport for 12 calendar months.

It is the responsibility of the superintendent to develop administrative regulations for each school activity.  These regulations will include, but not be limited to, when physical examinations will be required, how and when parents will be informed about the risk of the activity, academic requirements, and proof of insurance on the student participating in certain 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:  20 U.S.C. §§ 1681-1683; 1685-1686 (1994).
                                       34 C.F.R. Pt. 106.41 (1993).
                                       Iowa Code §§ 216.9; 280.13-.14 (2001).
                                       281 I.A.C. 12.6., 36.15.

Cross Reference:  501       Student Attendance
                                       502       Student Rights and Responsibilities
                                       503       Student Discipline
                                       504       Student Activities
                                       507       Student Health and Well-Being

.Approved 10-20-97                        
Reviewed 12-15-03; 10-21-08; 11-21-11; 05-11-16
Revised 01-19-04

Students will receive a progress report at the end of each nine-week grading period.  Students, who are doing poorly, and their parents, are notified periodically through 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 two times each academic year to keep the parents informed.

Parents, teachers, or principals may request a conference for students in grades pre-school 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 (2001).
                                       Iowa Code § 256E.1(1)(b)(1) (Supp. 2001).
                                       281 I.A.C. 12.3(6), .3(7), .5(16).

Cross Reference:  505       Student Scholastic Achievement
                                       506            Student Records

Approved 01-15-90                        
Reviewed 09-19-94; 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 09-22-99; 01-19-04; 12-15-08

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 pre-school through eight may be retained in a grade level for an additional year, the parents will be informed.  It is 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 is 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 pre-school 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.

Legal Reference:  Iowa Code §§ 256.11, .11A; 279.8; 280.3 (2001).
                                       281 I.A.C. 12.3(7); 12.5(16).

Cross Reference:  501       Student Attendance
                                       505       Student Scholastic Achievement

Approved 01-15-90                        
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04; 12-15-08

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 are made aware of honors and awards and the action necessary on the part of the student to achieve them.

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

Legal Reference:  Iowa Code § 279.8 (2001).

Cross Reference:  504       Student Activities
                                       505       Student Scholastic Achievement

Approved 01-15-90                        
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04

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 is required, as part of a program funded by the United States Department of Education (USDE), to submit, without prior written consent from the student's parent, to surveys, analysis or evaluation which 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 or 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 is 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 (2001).
                                       281 I.A.C. 12.5(13), .5(21).

Cross Reference:  505       Student Scholastic Achievement
                                       506       Student Records
                                       607.2    Student Health Services

Approved 01-15-90                        
Reviewed 09-19-94; 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 10-17-94; 01-19-04

Students must successfully complete the courses required by the board and Iowa Department of Education in order to graduate. 

It is the responsibility of the superintendent to ensure that students complete grades one through twelve and Gilmore City-Bradgate students will complete the required courses to complete the graduation requirements of West Bend- Mallard High School.

Legal Reference:  Iowa Code §§ 256.11, .11A; 279.8; 280.3, .14 (2001).
                                       281 I.A.C. 12.2; .3(7); .5; 41.12(6)(e); 67 (8).

Cross Reference:  505       Student Scholastic Achievement
                                       603.3    Special Education

Approved 01-15-90                        
Reviewed 01-24-94; 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 02-21-94; 01-19-04

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.

A student who graduates early will no longer be considered a student and will become an alumnus of the school district.  However, the student who graduates early may participate in commencement exercises.

Legal Reference:  Iowa Code §§ 279.8; 280.3, .14 (2001).
                                       281 I.A.C. 12.2; .3(7); .5.

Cross Reference:  505       Student Scholastic Achievement

Approved 01-15-90                        
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04

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 is 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 (2001).
                                       281 I.A.C. 12.2; .3(7); .5.

Cross Reference:  505       Student Scholastic Achievement

Approved 01-15-90                        
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-11-16
Revised 01-19-04

Parental involvement is an important component in a student’s success in school.  The board encourages parents to become involved in their child’s education to ensure the child’s academic success.  The board will:

(In each of the following six items, the board must describe in policy how it will accomplish each of the items.)

1. how the board will involve parents in the development of the Title I plan, the process for school review of the plan and the process for improvement:
2. how the board will provide the coordination, technical assistance and other support necessary to assist participating schools in planning and implementing effective parent involvement activities to improve student academic achievement and school performance;
3. build the schools’ and parents’ capacity for strong parental involvement;
4. coordinate and integrate parental involvement strategies under Title I with other programs such as Head Start, Reading First, etc.;
5. conduct with the involvement of parents, an annual evaluation of the content and effectiveness of the parental involvement policy in improving the academic quality of the school served including identifying barriers to greater participation by parents in Title I activities (with particular attention to low-income parents, Limited English Proficient (LEP) parents, minorities, parents with disabilities and parents with low literacy) and use the findings of the evaluation to design strategies for more effective parental involvement and to revise, as necessary, the parental involvement policies; and
6. involve parents in Title I activities.

The board will review this policy annually.  The superintendent is responsible for notifying parents of this policy annually or within a reasonable time after it has been amended during the school year.  It is the responsibility of the superintendent to develop administrative regulations regarding this policy.

Legal Reference:  No Child Left Behind, Title I, Sec. 1118, P.L. 107-110

Cross Reference:  903.2    Community Resource Persons and volunteers

Approved 01-19-04                        
Reviewed 10-21-08; 12-14-11; 05-11-16                  
Revised 01-16-12

The board recognizes the importance of maintaining student records and preserving their confidentiality.  Student records containing personally identifiable information are kept confidential at collection, storage, disclosure and destruction stages.  The board secretary-treasurer is the custodian of student records.  Student records may be maintained in the central administration office or administrative office of the student's attendance center.  Student is defined as an enrolled individual, PK-12 including children in school district sponsored child-care programs. 

Parents and eligible students will 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 at the post high school level.  Parents of an eligible student are provided access to the student records only with the written permission of the eligible student unless the eligible student is defined as a dependent by the Internal Revenue Code.  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 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 will have the right to access the information relating to their student or to be informed of the information.  Eligible students will also have the right to access the information relating to themselves or be informed of the information.

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

Copies of student records will 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 are 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 will provide an explanation and interpretation of the student records and a list of the types and locations of education 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.  The school district will decide whether to amend the student records within a reasonable time after receipt of the request.  If the school district determines an amendment is made to the student record, the school district will 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 will inform the parents or the eligible student of their right to a hearing before the hearing officer provided by the school district.  If the parents' and the eligible student's request to amend the student record is further denied following the hearing, the parents or the eligible student are informed that they have a right 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 will 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 will 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 and AEA personnel whom the superintendent has determined to 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. Attorney 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;

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

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

        ·        consistent with an interagency agreement between the school district and juvenile justice agencies

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

        ·        as directory information.

The superintendent will 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.  Individuals not listed are not allowed access without parental or an eligible student's written permission.  This list must be current and available for public inspection and updated as changes occur.

The superintendent will 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.  The superintendent, however, does not need to keep a list of the parents, authorized educational employees, officers and agencies of the school district who have accessed the student’s records.  This list for a student record may be accessed by the parents, the eligible student and the custodian of student 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 will 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 are 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 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 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 a 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 10 business days of the request.

The school district will provide training or instruction to employees about parents' and eligible students' rights under this policy.  Employees will also be informed about the procedures for carrying out this policy.  It is 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 is given in a parents' or eligible student's native language.  Should the school district collect personal information from students for the purposes of marketing or selling that information, the school district will annually notify parents of such activity.

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

Legal Reference:  20 U.S.C. § 1232g, 1415 (1994).
                                       34 C.F.R. Pt. 99, 300.560 - .574 (1996).
                                       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

Approved 01-15-90                        
Reviewed 12-15-03; 10-21-08; 12-14-11; 05-24-12; 05-11-16
Revised 01-19-04; 06-20-12