503 STUDENT DISCIPLINE

503.1 STUDENT CONDUCT

Code No.  503.1

STUDENT CONDUCT

 

The board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises. 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 buses; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management and welfare of the school district. 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 obtain their education or participation; 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 and decide whether to hold a disciplinary hearing to determine whether to  impose further sanctions against the student which may include expulsion. In making its decision, the board shall consider the best interests of the school district, which shall include what is best to protect and ensure the safety of the school employees and students from the student committing the assault. Assault for purposes of this section of this policy is defined as, when, without justification, a student does any of the following:

              

* an act which is intended to cause pain or injury to, or which is intended to result in physical contact which will be insulting or offensive to another, coupled with the apparent ability to execute the act; or

 

* any act which is intended to place another in fear of immediate physical contact which will be painful, injurious, insulting or offensive, coupled with the apparent ability to execute the act; or

 

* intentionally points any firearm toward another or displays in a threatening manner any dangerous weapon toward another.

 

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

 

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

 

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

 

Suspension means either an in-school suspension, an out-of-school suspension, a restriction from activities or loss of eligibility.  An in-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision.  An in-school suspension will not exceed ten consecutive school days.  An out-of-school suspension means the student is removed from the school environment, which includes school classes and activities.  An out-of-school suspension will not exceed ten consecutive school days.  A restriction from school activities means a student will attend school and classes and practice but will not participate in school activities.

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2

Code No.  503.1

 

 

STUDENT CONDUCT

 

 

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 shall result in immediate reinstatement of the penalty.

 

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

 

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

 

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

 

Following the suspension of a special education student, an informal evaluation of the student's placement shall take place.  The Individual Education Program (IEP) shall be evaluated to determine whether it needs to be changed or modified in response to the behavior that led to the suspension.

 

If a special education student's suspensions, either in or out of school, equal ten days on a cumulative basis, a staffing team shall meet to determine whether the IEP is appropriate.

 

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

 

 

 

 

Legal Reference:                   No Child Left Behind, Title IV, Sec. 4115.P.L. 107-110 (2002)        

                                             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 Community School District, 307 F.Supp. 485 (Iowa 1970).

                                             Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (1972).

                                             Board of Education of the Ind. School Dist. of Waterloo v. Green, 259 Iowa 1260, 147                                                             N.W.2d 854 (1967).

                                             Iowa Code §§ 279.8; 282.4, .5 (1993).

 

 

Cross Reference:                 501         Student Attendance

                                             502         Student Rights and Responsibilities

                                             504         Student Activities

                                             603.3      Special Education

                                             903.5      Distribution of Materials

 

 

 

 

 

Approved  8/23/94                             Reviewed 11/11/96; 11/09/99; 12/12/05; 12/10/10; 12/15/15; 12/9/2020                Revised   01/13/03; 8/11/15           

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 2 of 2

503.1R1 STUDENT SUSPENSION

Code No.  503.1R1

 

 

STUDENT SUSPENSION

 

 

Administration Action

 

A.        Probation

 

            1. Probation is conditional suspension of a penalty for a set period of time.  Probation may be imposed by the principal for infractions of school rules which do not warrant the necessity of removal from school.

 

            2. The principal shall conduct an information investigation of the allegations against the student prior to imposition of probation.  Such investigation shall include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  Written notice of the probation and the reasons therefore shall be sent to the parents.

 

B.         In-School Suspension

 

            1. In-school suspensions may be imposed by the principal for infractions of school rules which are serious but which do not warrant the necessity of removal from school.

 

            2. The principal shall conduct an informal investigation of the allegations against the student prior to imposition of an in-school suspension.  Such an investigation shall include, but not be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond.  In-school suspension shall not be imposed for a longer period than ten school days.  Written notice of the in-school suspension and the reasons therefore shall be sent to the student's parents.

 

C.         Out-of-School Suspension

 

            1. Out-of-School Suspension is to be employed when other available school resources are unable to constructively remedy student misconduct.

 

 

 

 

 

 

    

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 1 of 2

 

 

                                                                        Code No.  503.1R1

 

 

STUDENT SUSPENSION

 

 

            2. A student may be suspended for up to ten school days for a commission of gross or repeated infractions of school rules, board policy or the law, or when the presence of the student will cause interference with the maintenance of the educational environment or the operation of the school.  The principal may suspend such students after conducting an investigation of the charges against the student, giving the student:

 

                        a.         Oral or written notice of the allegations against the student,

                        b.         The basis in fact for the charges, and

                        c.         The opportunity to respond to those charges.

 

                At the principal's discretion, the student may be allowed to confront witnesses against the student or present witnesses on behalf of the student.

 

            3. Notice of the suspension shall be mailed no later than the end of the school day following the suspension to the student's parents and the superintendent.  A reasonable effort shall be made to notify the student's parents by telephone or personal contact and such effort shall be documented by the person making or attempting to make the contact.  Written notice to the parents shall include the circumstances which led to the suspension and a copy of the board policy and rules pertaining to the suspension.

 

D.Suspensions and Special Education Students

 

            1. Students who have been identified as special education students may be referred for a review of the student's Individual Education Program (IEP).  The IEP may be revised to include a continuum of intervention strategies and programming to change the behavior.

 

            2. Students who have not been identified as special education students may be referred for evaluation after the student's out-of-school suspension to determine whether the student has a disability and is in need of special education.

 

 

 

 

 

 

 

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 2 of 2

 

 

503.2 EXPULSION

Code No.  503.2

 

EXPULSION

 

Only the board may remove a student from the school environment.  The removal of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.

 

Students may be expelled for violations of board policy, school rules or the law.  It shall be within the discretion of the board to discipline a student by using an expulsion for a single offense or for a series of offenses depending on the nature of the offense and the circumstances surrounding the offense.

 

It shall be within the discretion of the superintendent to recommend to the board the expulsion of a student for disciplinary purposes.  Only the board may take action to expel a student and to readmit the student.  The superintendent shall keep records of expulsions in addition to the board's records.

 

When a student is recommended for expulsion by the board, the student shall be provided with:

 

            1. Notice of the reasons for the proposed expulsion;

2.  The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;

3. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;

            4.The right to be represented by counsel; and,

            5. The results and finding of the board in writing open to the student's inspection.

 

In addition to these procedures, a special education student must be provided with additional procedures.  A determination should be made of whether the student is actually guilty of the misconduct.  A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of inappropriate placement.  Discussions and conclusions of this meeting should be recorded.

 

If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent and pursuant to the school district's expulsion hearing procedures.  If the misconduct is caused by the disability and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district.

 

 

Approved          08/23/94           Reviewed          11/11/96; 11/09/99; 12/12/05; 12/10/10; 12/15/15;12/9/2020           Revised                        

                                                                   

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 1 of 2

 

 

Code No.  503.2

 

 

EXPULSION

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 (1993).

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

 

 

Cross Reference:        502  Student Rights and Responsibilities

                                    503  Student Discipline

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS  Page 2 of 2

503.3 FINES--FEES--CHARGES

Code No.  503.3

 

 

FINES - FEES - CHARGES

 

 

The board believes students should respect school district property and assist in its preservation for future use by others.  Students may be assessed fines, charges, or fees for the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.

 

The superintendent shall inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually.  It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code § 279.8 (1993).

                                    1982 Op. Att'y Gen. 227.

                                    1980 Op. Att'y Gen. 532.

 

 

Cross Reference:        502  Student Rights and Responsibilities

                                    503  Student Discipline

 

 

 

Approved          08/23/94           Reviewed          11/11/96; 11/09/99; 12/12/05; 12/10/10; 12/15/15;12/9/2020           Revised            

                                                    

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

503.4 GOOD CONDUCT RULE

Code No.  503.4

 

 

GOOD CONDUCT RULE

 

 

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

 

Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school.  Students who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities which are illegal, immoral or unhealthy.

 

Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures.  The principal shall keep records of violations of the good conduct rule.

 

It shall be the responsibility of the superintendent to develop rules and regulations for school activities.  Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.

 

 

 

 

 

Legal Reference:           Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).

                                    In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).

                                    Iowa Code §§ 280.13, .13A (1993).

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

 

 

Cross Reference:        502      Student Rights and Responsibilities

                                    503      Student Discipline

 

 

 

 

 

Approved          08/23/94           Reviewed          11/11/96; 11/09/99; 12/12/05; 12/10/10; 12/15/15; 12/9/2020                Revised            

                                                

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

503.5 CORPORAL PUNISHMENT

Code No.  503.5

                                                                                                Page 1 of 2

 

CORPORAL PUNISHMENT

 

 

Corporal punishment is defined as the intentional physical punishment of a student and is prohibited.  It includes the use of unreasonable or unnecessary physical force or physical contact made with the intent to harm or cause pain.  No employee is prohibited from:

 

• Using reasonable and necessary force, not designed or intended to cause pain, in order

to accomplish any of the following:

 

--To quell a disturbance or prevent an act that threatens physical harm to any

person.

--To obtain possession of a weapon or other dangerous object within a pupil's control.

--For the purposes of self-defense or defense of others as provided for in Iowa Code section 704.3.

--For the protection of property as provided for in Iowa Code section 704.4 or 704.5.

--To remove a disruptive pupil from class or any area of school premises or from school-sponsored activities off school premises.

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

                        --To protect the safety of others.

 

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

 

Reasonable physical force should be commensurate with the circumstances of the situation.  The following factors should be considered in using reasonable physical force for the reasons stated in this policy:

 

            1.         The size and physical, mental, and psychological condition of the student;

2.         The nature of the student's behavior or misconduct provoking the use of physical force;

            3.         The instrumentality used in applying the physical force;

            4.         The extent and nature of resulting injury to the student, if any;

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

 

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

 

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

 

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No.  503.5

                                                                                                Page 2 of 2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 (1993).

                                    281 I.A.C. 12.3(8), 103.

                                    1980 Op. Att'y Gen. 275.

 

 

Cross Reference:        502  Student Rights and Responsibilities

                                    503  Student Discipline

 

 

 

 

Approved          08/23/94           Reviewed          11/11/96; 11/09/99; 12/12/05; 12/10/10; 12/15/15; 12/9/2020           Revised             02/10/09           

                                                          

 

 

 

 

 

 

MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

503.7--STUDENT DISCLOSURE OF IDENTITY

It is the goal of the district to provide a safe and supportive educational environment in which all students may learn.  As part of creating that safe educational environment, no employee of the district will provide false or misleading information to the parent/guardian of a student regarding that student’s gender identity or intention to transition to a gender that is different from their birth certificate or certificate issued upon adoption.

 

If a student makes a request to a licensed employee to accommodate a gender identity, name, or pronoun that is different than what was assigned to the student in the student’s registration forms or records, the licensed employee is required by Iowa law to report the request to an administrator.  The school administrator receiving the report is required by Iowa law to report the request to the student’s parent/guardian.  This requirement also applies to all nicknames.

 

To maintain compliance with Iowa law and also provide efficiency in the reporting requirements listed above, the Superintendent will provide the opportunity for parents and guardians to list in the student’s registration paperwork any and all nicknames used for students.

 

 

Legal Reference:       Iowa Code

 

 

Cross Reference:

 

 

Approved:  8/7/23

Reviewed:

Revised:

503.7E1--REPORT OF STUDENT DISLOSURE OF IDENTITY

Dear (Parent/Guardian),

 

This letter is to inform you that your student (student’s name listed on registration) has made a request of a licensed employee to (check all that apply):

 

_____ make an accommodation that is intended to affirm the student’s gender identity as follows:

 

_____ use a name, pronoun, or gender identity that is different from the name, pronoun, and/or gender identity listed on the student’s school registration forms.  The name, pronoun, or gender identity requested is _______________________________

 

If you would like to amend the student’s registration paperwork to permit the student’s requested accommodation and/or include the use of the above-referenced name/pronoun/gender identity, please complete the attached form and return it to the district administration office.

 

Sincerely,

 

 

______________________________________                            _______________________

Administrator                                                                           Date

503.7E2--REQUEST TO UPDATE STUDENT IDENTITY

Student’s current name on registration                                         Student ID

 

Please update my student’s names, pronouns, and/or gender identities on my student’s registration paperwork to include all of the following:

 

 

Names

 

 

Pronouns

 

 

Gender Identities

 

 

 

 

________________________________________                        ___________________

Parent/Guardian                                                                        Date

503.8--POLICIES FOR DISCIPLINE OF STUDENTS WHO MAKE THREATS OF VIOLENCE OR CAUSE INCIDENTS OF VIOLENCE

This is the model policy published by the Iowa Department of Education, which all districts are required to adopt as a result of HF 604 passed in 2023. 

 

Adopted:  12/13/23

Reviewed:

Revised: