Code No. 502.1
STUDENT APPEARANCE
The board believes inappropriate student appearance causes material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, and visitors on school property or on property within the jurisdiction of the school district.
Students are expected to adhere to standards of cleanliness and dress that are compatible with the requirement of a good school environment. The standards will be those generally acceptable to the community as appropriate in a formal 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 purpose intended. Clothing or other apparel promoting products illegal for use by minors; clothing displaying obscene material, profanity, or reference to subversion; and hats, are disallowed. While the primary responsibility for appearance lies with the students and their parents, appearance disruptive to the education program will not be tolerated. When, in the judgment of a principal, a student's appearance or mode of dress disrupts the educational process, or constitutes a threat to health or safety, the student may be required to make modifications.
It shall be the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.
Legal Reference: Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Bethal School District No. 403 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, Independent School District No. 14, 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 (1993).
Cross Reference: 502 Student Rights and Responsibilities
Approved 08/23/94 Reviewed 10/14/96; 11/09/99; 11/14/05; 11/10/10; 11/10/15; 11/10/2020 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 502.2
CARE OF SCHOOL PROPERTY/VANDALISM
Students shall treat school district property with the care and the respect they would treat their own property. Students found to have destroyed or otherwise harmed school district property may be required to reimburse the school district. They may be subject to discipline under board policy and the school district rules and regulations. They may also be turned over to local law enforcement authorities.
It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding this policy.
Legal Reference: Iowa Code § 279.8; 282.4, .5; 613.16 (1993).
Cross Reference: 502 Student Rights and Responsibilities
Approved 08/23/94 Reviewed 10/14/96; 11/09/99; 11/14/05; 11/10/10; 11/10/15; 11/10/2020 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
502.03 STUDENT EXPRESSION AND STUDENT PUBLICATIONS
Student Expression
It is the goal of the district to protect the educational environment for all students to help ensure it is free from substantial disruption or infringement upon their rights. Student expression should be appropriate to help ensure 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.
While students will generally be allowed to express their viewpoints and opinions, in certain qualifying circumstances, student speech may require administrative regulation to help ensure the safety and welfare of the school community. The district may regulate speech that: causes or is reasonably anticipated to cause a material and substantial disruption to the education environment; infringes upon the rights of others; is obscene or lewd; is school sponsored; and/or promotes illegal activity. 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. 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.
The superintendent may develop procedures for safely addressing qualifying types of mass protests by students, including walk-ins and walk-outs. Walk-ins occur when students leave their learning environments during school hours and gather in a group or groups with the purpose of promoting a belief or beliefs. Walk-outs occur when students leave their learning environments during school hours and gather in a group or groups off district property with the purpose of promoting a belief or beliefs.
The superintendent is encouraged to obtain feedback from community stakeholders in the development of these procedures. The goal of the procedures shall be to address student safety, maintain the educational environment, and promote communication during demonstrations while remaining viewpoint neutral.
Students who violate this policy may be subject to disciplinary measures. Employees shall be responsible for helping to ensure insuring students' expression is in keeping with this policy. It shall be the responsibility of the superintendent to develop administrative regulations regarding this policy.
Student Publications
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 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: U.S. Const. amend. I.
Iowa Const. Art. I (sec 7)
Morse v. Frederick U.S. 393 (2007)
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Bethel School District v. Fraser, 478 U.S. 675 (1986).
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969).
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
Iowa Code §§ 279.8, .73; 280.22
Cross Reference: 102 Equal Educational Opportunity
502 Student Rights and Responsibilities
504 Student Activities
603.9 Academic Freedom
903.5 Distribution of Materials
Approved: 08/23/94
Reviewed: 10/14/96; 11/09/99; 11/19/05; 11/10/10; 11/10/15; 11/10/2020
Revised: 8/12/21
502.3R1 STUDENT PUBLICATIONS CODE
Student Expression Defined: Student Expression is speech, action, or other forms of expression which convey a student’s beliefs, views, or opinions.
Official school publications defined: An "official school publication" is material produced by students in the journalism, newspaper, yearbook, or writing classes and distributed to students either free or for a fee.
Limitations to Student Expression
No student will express, publish, or distribute in an official school publication material which is:
Obscene
Libelous
Slanderous; or
Encourages student to:
Commit unlawful acts
Violate lawful school regulations; school rules;
Cause the material and substantial disruption of the orderly and efficient operation of the school or school activity;
Disrupt or interfere with the education program;
Interrupt the maintenance of a disciplined atmosphere; or
Infringe on the rights of others..
Responsibilities of students for official school publications.
Students writing or editing official school publications shall assign and edit the news, editorial, and feature contents of the official school publications subject to the limitations of the school publications code and the laws.
Students shall strive to achieve professional standards of accuracy, fairness, objectivity, and thoroughness in each and every aspect of official school publications.
Students shall strive to achieve professional standards of grammar, usage, punctuation, and spelling for clarity and accuracy of official school publications.
Responsibilities of faculty advisors for official school publications.
Faculty advisors shall supervise student writers to maintain professional standards of English and journalism and comply with the law including, but not limited to, the restrictions against unlawful speech.
Official school publications are produced under the supervision of a faculty advisor. Faculty advisors to students producing official school publications shall supervise the production of the student staff in order to maintain professional standards of English journalism.
District employees acting within the scope of their professional ethics will not suffer adverse employment action or be retaliated against for acting to protect a student for engaging in authorized student expression or for refusing to infringe on protected student expression.
District Employee Rights
Any District employee or official, acting within the scope of that person’s professional ethics, if any, shall not be dismissed, suspended, disciplined reasssigned, transferred, subject to termination, or nonrenewal of a teaching contract or extracurricular contract, or otherwise retaliated against for acting to protect a student for engaging in expression protected by law, or refusing to infringe upon student expression that is protected by law.
Liability.
Student expression, including student expression in an official school publication shall not be deemed to be an expression of the school district. 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 expression. The liability, if any, is only to the extent of interference or alteration of the speech or expression.
Appeal procedure.
Students who believe they have been unreasonably restricted in their exercise of expression in an official student publication shall seek review of the decision through the student grievance procedure, under board policy 502.4.
Persons who believe they have been aggrieved by a student-related produced official student publication shall file their complaint to the citizen grievance procedure, under board policy 213.1.
Time, place, and manner of restrictions on student expression.
Student expression may be conveyed and official student publications may be distributed in a reasonable manner on or off school premises.
Student expression and distribution of official school publications in a reasonable manner shall not encourage students to:
commit unlawful acts;
violate school rules;
cause the material and substantial disruption of the orderly and efficient operation of the school district or school activity;
disrupt or interfere with the education program;
interrupt the maintenance of a disciplined atmosphere; or
infringe on the rights of others.
Code No. 502.04
STUDENT COMPLAINTS AND GRIEVANCES
Student complaints and grievances regarding board policy or administrative regulation violations 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 school 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 school 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 (1993).
Cross Reference: 213 Public Participation in Board Meetings
502 Student Rights and Responsibilities
504.3 Student Publications
Approved 08/23/94 Reviewed 10/14/96; 11/09/99; 11/19/05; 11/10/10; 11/10/15; 11/10/2020 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 502.05
STUDENT STORAGE AREAS
Student storage areas are the property of the school district. Students shall use the storage areas assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school. It shall be the responsibility of each student to keep their assigned storage area clean and undamaged.
To ensure students are properly maintaining their assigned storage area, the principal of the building may periodically inspect the storage areas. Students will be given twenty-four hours notice of a maintenance inspection. Student lockers may be searched in compliance with board policy regulating search and seizure.
Legal Reference: Iowa Code §§ 279.8; 280.14; 808A (1993).
Cross Reference: 502 Student Rights and Responsibilities
Approved 08/23/94 Reviewed 10/14/96; 11/09/99; 11/19/05; 11/10/10; 11/10/15; 11/10/2020 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 502.06
WEAPONS
The board believes weapons and 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 a weapons, dangerous objects or look-a-likes on school property shall be notified of the incident. Possession or confiscation of weapons or dangerous objects shall be reported to the law enforcement officials, and the student will be subject to disciplinary action including suspension or expulsion.
Students bringing a firearm to school or knowingly possessing firearms at school shall be expelled for not less than twelve months. The superintendent shall have the authority to recommend this expulsion requirement be modified for a student on a case-by-case basis. For purposes of this portion of this policy, the term "firearm" includes , but is not limited to, any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, or any explosive, incendiary or poison gas.
Weapons under the control of law enforcement officials shall be 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 shall 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: No Child Left Behind, Title IV, Sec. 4141 P.L. 107-110 (2002)
Goals 2000: Educate America Act, Pub. L. No. 103-227, 108
Stat. 125(1994).
McClain v. Lafayette County Bd. of Education, 673 F.2d 106
(5th Cir. 1982)
Iowa Code §§ 279.8; 724 (1993).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
507 Student Health and Well-Being
Approved 10/10/94 Reviewed 10/14/96; 11/09/99; 11/19/05; 11/10/10; 11/10/15; 11/10/2020 Revised 01/13/03
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
The Morning Sun Board of Directors believes it is imperative to promote the health and wellbeing of all students in the district. The district will provide a substance use prevention program and set restrictions on substance use by students in accordance with applicable law.
The Morning Sun Board of Directors prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of alcohol, tobacco, nicotine products other controlled substances, or look-a-like substances that appear to be tobacco, nicotine products, alcohol, or controlled substances by students while on the 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. “Controlled substances” in the policy refers to the misuse of both licit and illicit drugs.
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 tobacco/nicotine products for those under the age of twenty-one, may be reported to the local law enforcement authorities. Possession, use, or being under the influence of alcohol, and/or of a controlled substance may also be reported to local law enforcement authorities.
Students who violate the terms of this policy may be required to satisfactorily complete a substance abuse assistance or rehabilitation program approved by the school board. If such student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion.
The board believes the substance abuse prevention program shall include:
It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: 34 C.F.R. Pt. 86 (1992).
Iowa Code §§ 124; 279.8, .9; 453A (1993).
281 I.A.C. 12.3(9), 12.5(3)(e), 12.5(4)(e), 12.5(5)(e), 12.5(21).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
507 Student Health and Well-Being
Approved: 8/23/94
Reviewed: 10/14/96; 11/09/99; 11/14/05; 11/10/10; 11/10/15; 11/10/20; 1/11/24
Revised:
School district property is held in public trust by the board. School district authorities may, without a search warrant, search a student, student storage areas, desks, work areas or student vehicles based on a reasonable suspicion that a board policy, school rule or law has been broken. The search shall be in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities.
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/nicotine, weapons, explosives, poisons and stolen property. The board prohibits the use of tobacco and prohibits the possession, use, or being under the influence of beer or alcohol, other controlled substances, or "look alike" substances that appear to be tobacco, beer or alcohol or controlled substances by students. Such items are not to be possessed by a student anywhere at school district facilities or at school-sponsored, school-approved or school- related activities. Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement authorities.
The board believes that such illegal, unauthorized or contraband materials cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.
It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: U.S. Const. amend. IV.
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).
Iowa Code ch. 808A (1993).
281 I.A.C. 12.3(8).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
905.2 Tobacco/Nicotine-Free Environment
Approved 08/23/94 Reviewed 10/14/96; 11/09/99; 11/14/05; 11/10/10; 11/10/15; 11/10/2020 Revised: 12/8/2020
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS
Code No. 502.08E1
SEARCH AND SEIZURE CHECKLIST
I. What factors caused you to have a reasonable suspicion that the search of this student or the student's effects, locker or automobile would turn up evidence that the student has violated or is violating the law, school rules or policy?
A. Eyewitness account.
1. By whom:
2. Date/Time:
3. Place:
4. What was seen:
B. Information from a reliable source.
1. From whom:
2. Time received:
3. How information was received:
4. Who received the information:
5. Describe information:
C. Suspicious behavior. Explain
D. Time of search:
E. Location of search:
F. Student told purpose of search:
G. Consent of student requested:
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2
Code No. 502.9E1
SEARCH AND SEIZURE CHECKLIST
II. Was the search you conducted reasonable in terms of scope and intrusiveness?
A. What were you searching for:
B. Sex of the student:
C. Age of the student:
D. Exigency of the situation:
E. What type of search was being conducted:
F. Who conducted the search:
Position: Sex:
G. Witness(s):
III. Explanation of Search.
A. Describe the time and location of the search:
B. Describe exactly what was searched:
C. What did the search yield:
D. What was seized:
E. Were any materials turned over to law enforcement authorities:
F. Were parents notified of the search including the reason for it and the scope:
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 2 of 2
Code No. 502.08R1
SEARCH AND SEIZURE REGULATION
I. Searches, in general.
A. Reasonable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school policy or rules.
Reasonable suspicion may be formed by considering factors such as the following:
(1) eyewitness observations by employees;
(2) information received from reliable sources;
(3) suspicious behavior by the student; or,
(4) the student's past history and school record although this factor alone is not sufficient to provide the basis for a reasonable suspicion.
B. Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
(1) the age of the student;
(2) the sex of the student;
(3) the nature of the infraction; and
(4) the exigency requiring the search without delay.
II. Types of Searches
A. Personal Searches
1. A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school authority has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated board policies, school rules or the law.
2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.
(a) Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is
Approved 08/23/94 Reviewed 10/14/96; 11/09/99; 11/14/05; 11/10/10; 11/10/15 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 1 of 2
Code No. 502.08R1
SEARCH AND SEIZURE REGULATION
conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.
(b) A more intrusive search of the student's person is permissible in emergency situations when the health and safety of the students, employees, or visitors on the school premises or property within the jurisdiction of the school district or at school-sponsored or school-approved events are threatened. Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present, unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.
B. Locker Searches
1. Maintenance Searches: Although school lockers are temporarily assigned to individual students, they remain the property of the school district at all times. The school district has a reasonable and valid interest in insuring the lockers are properly maintained. For this reason, periodic inspections of lockers is permissible to check for cleanliness and vandalism. General maintenance inspections may be conducted by school authorities with at least twenty-four hours notice to the student, without the student's consent, and without a search warrant.
Any contraband discovered during such searches shall be confiscated by the administration. The administration shall attempt to correct the problem through counseling, parental involvement, medical referrals, or other such referrals depending on the severity of the situation.
2. Non-maintenance Searches: The student's locker and its contents may be searched when a school authority has reasonable suspicion that the locker contains illegal or contraband items. Such searches should be conducted in the presence of another adult witness when feasible.
C. Automobile Searches
Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the school premises may be searched if the school official has reasonable suspicion to believe that illegal, unauthorized or contraband items are contained inside.
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS Page 2 of 2
Code No. 502.09
INTERVIEWS OF STUDENTS BY OUTSIDE AGENCIES
Generally, students may not be interviewed during the school day by persons other than parents and school district officials and employees.
Requests from law enforcement officers and from persons other than parents, school district officials, and employees to interview students shall be made through the principal's office. Upon receiving a request, it shall be the responsibility of the principal to determine whether the request will be granted. Generally, prior to granting a request, the principal shall attempt to contact the parents to inform them of the request and to ask them to be present.
If a child abuse investigator wishes to interview a student, the principal will defer to the investigator's judgment as to whether the student should be interviewed independently from the student's parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.
Students shall not be taken from school without the consent of the principal and without proper warrant.
It shall be the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Legal Reference: Iowa Code § 232; 280.17 (1993).
281 I.A.C. 102.
441 I.A.C. 9.2; 155; 175.
640 I.A.C. 4.9.
1980 Op. Att'y Gen. 275.
Cross Reference: 502.8 Search and Seizure
503 Student Discipline
Approved 08/23/94 Reviewed 10/14/96; 11/09/99; 11/14/05; 11/10/10; 11/10/15; 11/10/2020 Revised
MORNING SUN COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS