503 - Student Discipline
503 - Student Discipline dawn.gibson.cm… Thu, 06/20/2024 - 09:18503.01 - Student Conduct
503.01 - Student ConductThe 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 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 the policy 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 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 non-school hours for disciplinary purposes. The student can be required to appear prior to the beginning of the school day, after school has been dismissed for the day, or on a non-school day. Whether a student will serve detention, and the length of the detention, is within the discretion of the licensed employee disciplining the student or the building principal.
Suspension means; either an in-school suspension, an out-of-school suspension, or a restriction from activities. An in-school suspension means the students will attend school but will be temporarily isolated from one or more classes while under suspension. 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.
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: 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 Comm. School District, 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: 2-10-2003
Reviewed: 12-10-18
Revised:
503.02 - Expulsion
503.02 - ExpulsionOnly the board may expel a student from the school environment. The removal for an extended period of time, of a student from the school environment, which includes, but is not limited to, classes and activities, is an expulsion from school.
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 administration to recommend to the board the expulsion of a student for disciplinary purposes. Only the board may take action to expel a student and to readmit the student. The principal shall keep records of expulsions in addition to the board’s records.
When a student is recommended for expulsion by the board, the student shall be provided with:
1. Clear 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;
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;
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 the following procedures:
1. Determine whether the student is actually guilty of the misconduct;
2. A staffing team should determine whether the student’s behavior is caused by the student’s handicap and whether the conduct is the result of inappropriate placement. Discussions and conclusions of the meeting should be recorded;
3. If the handicapped student’s conduct is not caused by the handicap; the student may be expelled or suspended for a long-period following written notice to the parent and pursuant to the district’s expulsions hearing procedures;
4. If the misconduct is caused by the handicap and a change in placement is recommended, the change must be made pursuant to the placement procedures used by the school district;
5. If a change in placement is not recommended, a determination must be made as to how to cope with the student and the failure.
Legal Reference: Goss v Lopez, 419 U.S. 565, 95 S.Ct. 729 (1975).
Wood v Strickland, 95 S.Ct. 992 (1975).
Southeast Warren Comm. School District v DPI, 285 N.W.2d 173 (Iowa 1979).
Iowa code §§21.5, 282.3, .4, .5 (1991).
281 Iowa Admin. Code 11.3(5).
281 Iowa Admin. Code 41.2(1), 12.3(8).
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
Approved: 4-13-92
Reviewed: 12-10-18
Revised: 2-14-96
503.03 - Fines - Fees - Charges
503.03 - Fines - Fees - ChargesThe board believes students should respect the property of the school district 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 following fees shall be paid in full by all students unless a full, partial, or temporary waiver is granted in accordance with state regulations: Book rental, activity fees, eye protection devices, ear protection devices, summer school tuition, school supplies and P.E. towels. Additional fees may be required of students taking certain courses or activities: Athletics, Instrumental Music, Art, and vocational classes. The administration 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 (1991).
1982 Op. Att’y Gen. 227.
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
Approved: 4-13-92
Reviewed: 12-10-18
Revised: 8-19-96, 11-08-99, 12-11-06
503.03A - Registration Fees
503.03A - Registration FeesThe Board of Education will annually approve a registration fee to be assessed for each student for the school year. Fees will be established for students in kindergarten through grade six.
Waiver for Registration Fees
In accordance with state regulations, the Bennett Community School District provides a waiver of fees for students, if the student or the student’s family, meet one of the following criteria:
Full Waiver of Fees
- eligible for free lunch
- eligible for Family Investment Program (FIP)
- eligible for Supplemental Security Income (SSI)
- eligible for transportation assistance under open enrollment
- is living in foster care
- eligible if classified as a foreign exchange student
Partial Waiver of Fees – payment of 40%
- is eligible for reduced priced meals
Temporary Waiver – is eligible for full or partial waiver of fee
- if family has temporary financial hardship
- at the discretion of the school district
A student or family has the right to appeal the decision.
The administration shall provide forms for application for full, partial or temporary waiver of registration fees.
Approved: 12-13-99
Reviewed: 12-10-18
Revised: 8-19-96, 11-08-99, 12-11-0612-14-15
BENNETT COMMUNITY SCHOOL DISTRICT
APPLICATION FOR STUDENT WAIVER OF FEES
Student’s Name___________________________________ ______________
Grade______________ School Year
Please check the type of waiver of fee requested and check the type of evidence being provided.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Full Waiver of Fees
-Eligible for free school meals
______a. provide copy of letter sent to all food stamp households from the
Department of Human Services OR
______b. complete application for free or reduced priced meals and meet
eligibility criteria
-Eligible for Family Investment Program (FIP) or Aid to Dependent Children (AFDC)
______a. provide copy of letter sent to all food stamp households from the
Department of Human Services OR
______b. provide copy of letter indicating eligibility for family investment
program (FIP)
-Eligible for Supplemental Security Income (SSI)
_____a. provide copy of letter indicating eligibility for supplemental security program (SSI)
-Eligible for transportation assistance under open enrollment
_____a. forms and criteria may be obtained from the administrative offices
-Is living in foster care
_____a. provide evidence the student is residing in a foster home
Partial Waiver of Fees – Requires Payment of 40%
-Is eligible for reduced priced meals
_____a. complete application for free or reduced priced meals and meet required eligibility criteria
Temporary Waiver – Maximum of One Year
Student or family may request a temporary waiver of registration fees if the family is undergoing temporary financial hardship. Please provide the building principal with a brief written explanation for the request. The information will be kept confidential.
All forms and documentation must be returned to the Superintendent of Schools. You will be notified if the application has been approved or denied. If the application is denied, you may appeal the decision by contacting the Superintendent of Schools at 890-2226.
Parent or Guardian_______________________________________________ Date__________________
Application Approved_____________________________Application Denied______________________
503.04 - Good Conduct Rule
503.04 - Good Conduct RuleParticipation 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 school extracurricular activities must conduct themselves in accordance with board policy regarding student conduct.
Students will have an opportunity to participate in a school activity unless the activity is not offered, the student cannot participate for disciplinary reasons, or it is an intramural or interscholastic athletic activity. Students will have a comparable opportunity to participate in intramural or interscholastic athletic activities and to reap the benefits of school activities. Comparable opportunity, however, does not guarantee boys and girls will be allowed to play on each other’s teams when there are athletic activities available that will allow both boys and girls to reap the benefits of school activities.
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.
Students who wish to participate in extracurricular activities that require physical exertion including, but not limited to, cheerleading and athletics, shall be required to submit a physical examination stating that the student is able to participate.
The events must be approved by the administration, unless they involve unusual travel and expense, in which case the board will take action. The events must not disrupt the educational program or other school district operations.
It shall be the responsibility of the administration to develop rules and regulations for each school activity. Students wanting to participate in school activities must meet the requirements set out by the school district for participation in the activity.
A high school student who participates in school sponsored athletics may participate in a non-school sponsored sport during the same season upon approval of the head coach and administration. Such outside participation shall not conflict with the school sponsored athletic 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 (1989).
281 Iowa Admin. Code 12.3 (8)
Cross Reference: 502 Students Rights and Responsibilities
503 Student Discipline
503.4E1 Good Conduct Rule/Explanation
Approved: 4-13-92
Reviewed: 12-10-18
Revised: 11-10-97, 12-13-99
503.04E1 - Good Conduct Rule/Explanation
503.04E1 - Good Conduct Rule/Explanation- Any student who is found guilty, or admits to, or at a judicial or administrative proceeding is found by substantial evidence to have:
Item I: possessed alcoholic beverages with knowledge, intent and there of;
Item II: consumed alcoholic beverages;
Item III: possessed controlled substances as they are defined by the Code of Iowa, without legal prescription, and with knowledge, intent, and control thereof;
Item IV: used controlled substances, as they are defined by the Code of Iowa, and without a legal prescription;
Item V: committed theft, vandalism, or other serious offenses, including those which would violate the Iowa Criminal Code, as to make the student unworthy to represent the ideals and standards of the Bennett Community School, is in violation of the Good Conduct Provision.
- Due Process shall be afforded a student who is charged with violating the Good Conduct Rule
- A student who has been found to have violated the Good Conduct Rule in Section A, Items I-IV shall be penalized as follows:
First Offense – 30 “in season” calendar day’s suspension from all extracurricular activities within the current school year.
Second Offense – 90 “in season” calendar day’s suspension from all extracurricular activities within the current school year.
Third Offense – Suspension from all extracurricular activities for the remainder of
Note: First and Second Offense suspensions must be served in season or during an extracurricular activity period. The days before or after extracurricular seasons may not be used to complete a suspension period. Proms, dances, athletic department field trips, and other school sponsored activities, etc. will each be counted as one day of suspension.
A student in violation of the Good Conduct Provision, Section A, Items I-IV, shall not be allowed to participate in any extracurricular activity until a meeting has been held with the Activities Director, the parents, and the coach/sponsor of the activity as well as the supervisors of all other extracurricular activities in which the student intends to participate. The student and the parents will be informed at this meeting of the date of which eligibility is to be restored.
D. Lesser Offenses:
Item I: If a student should skip school or be truant, the period of ineligibility shall be five calendar days for each offense.
Item II: If a student should be suspended from school classes, either in-school or out of school, the student shall be ineligible for a period of five calendar days for each offense.
Item III: The use of tobacco by students is prohibited at any school sponsored activity and on or in any school property and the student shall be ineligible for ten calendar days for each offense.
GOOD CONDUCT RULE EXPLANATION
Eligibility rules pertain to those students who are or desire to participate in any extracurricular activity that is school sponsored and supervised by professional school personnel. Students in this policy shall mean all persons of school age enrolled grades seven through twelve. All regulations contained herein shall apply uniformly to all students regardless of the fact that somemay have reached the age of majority. School age is defined in Iowa Code §282.1 as beingbetween the ages of five (5) and twenty-one (21). Therefore, in order to maintain order and consistency, a nineteen-year-old (19) who participates in extracurricular activities should be required to forego “the privileges which his/her age confers”.
Extracurricular in this policy is all school sponsored activities in which the student participating does not receive academic credit and the student represents the Bennett Community School in a game, contest, concert, production or activity that has an audience. This policy shall not apply to the following events:
- Commencement Exercises
- Band, vocal or other programs that students are required to attend that directly affect a grade or credit given for a regular school day class
- Elected offices as in the case of Clark v Panora-Linden Community School District, D.P.I., Admin. Doc. 408, 1977 (this would include student council and class offices) but would not mean that organizations or clubs or classes cannot censure, remove from office or discipline such officers according to the constitution or by-laws of that organization, club, class, or subject said offer to re-call;
- Journalism or school newspaper activities.
Letters or awards may be withheld if participation in any of the above mentioned activities would count or add up “points” toward receiving them.
This policy shall apply to:
1. All activities, events, festivals, practices, meets, matches, work-outs, meetings, or contests sponsored by or endorsed by the Bennett Community Schools, or State or National Associations where such is not directly related to a grade given for credit;
2. Athletics, speech activities, drama productions and activities, instrumental and vocal activities, clubs and organizations, cheerleading, pom pon activities, school annual, F.F.A., German Club, National Honor Society, and any other club, organization, or activity operating under the auspices of the Bennett Community School District where such activity is not directly related to a grade given for credit;
3. Class trips, camps, field trips, or similar activities, game or match (such as State Basketball tournaments, State Tennis, Cross Country competition Tournaments, etc) where Bennett Community Schools would ordinarily sanction attendance through the obtaining or provision of tickets, transportation, or release of class time;
4. Entertainment provided by school groups to any civic, private, or non-profit organization or to other schools;
5. Parades, dances, proms, banquets, school parties, swim nights, bowling, roller skating, or any other such entertainment activity sponsored by the Bennett Community Schools.
Habits and conduct in this policy shall mean repetitive antisocial behavior which is action not adjudged proper and seemly by the general public such as fighting, brawling, disruptive behavior or hostile behavior or actions including those which would violate the Iowa Criminal Code. It is not the purpose of this policy to punish individuals for isolated, single acts unless they are of such severity that a normal and prudent person would determine that such acts should be punished.
All individuals charged with any violation of the Good Conduct Rule shall be afforded appellant rights and procedures in accordance with the appeal procedures of the Bennett Community School and the Code of Iowa.
The intent of these rules is to help establish a situation whereby consideration of who the parents are, family name, prestige, position, etc., will not be factors that others could say affected establishing the student being eligible or being ineligible or for the length of time and still allow the school administration some flexibility when considering an individual student’s problem. Boys and girls should feel that it is an honor to represent the Bennett Community School District in contests. We want them to be willing to sacrifice to help themselves and to also help the team or group be more successful. The choice between tobacco use, alcohol consumption/drug abuse and representing Bennett Community Schools should not be too difficult for a sincere student to make.
503.05 - Corporal Punishment
503.05 - Corporal PunishmentCorporal punishment may not be used to discipline students. Reasonable physical force, however, may be used upon a student with or without advance notice when the use of such force is deemed essential by a reasonable person for the purposes of self-defense, to protect school district property, or for the protection of others located on the school district property.
Reasonable physical force should be commensurate with the circumstances of the situation, and it should be moderate so as not to cause permanent physical harm to the student. The following factors should be considered in using reasonable physical force for the reasons stated in this policy:
- seriousness of the offense;
- attitude and past behavior of the child;
- nature and severity of the physical force;
- motivation of the teacher;
- age and strength of the child; and
- availability of less severe but equally effective means of dealing with the situation.
The student’s parents shall be given an explanation of the reasons for the use of physical force upon request.
It shall be the responsibility of the administration to develop administrative regulations regarding this policy.
Legal Reference: Ingraham v Wright, 430 U.S. 651, 97 S.Ct. 14021, 51 L.Ed.2d 711 (1977).
Goss v Lopez, 419 U.S. 565, 95 S.Ct. 729 (1975).
Garcia v Miera, 817 F.2d (10th Cir. 1987).
Tinkham v Kole, 252 Iowa 1303, 110 N.W.2d 2258 (1961).
Lai v Erickson, PTCP Admin. Doc. 83-12 (1983).
Iowa Code §§279.8, 280.21 (1991).
281 Iowa Admin. Code 12.3(8).
19480 Op. Att’y Gen. 275.
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
Approved: 4-13-92
Reviewed: 12-10-18
Revised: 2-14-96
503.06 - Weapons
503.06 - WeaponsThe 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. Dangerous weapons include, but are not limited to, any offensive weapon, pistol, revolver, or other firearm, dagger, razor, stiletto, switchblade knife, or any knife.
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 of 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 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 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.
Note: This policy meets state and federal law. Federal law gives an exception, to the mandatory one-year expulsion for weapons possession or bringing to schools, for weapons that are lawfully stored in a locked vehicle on school property. Boards wishing to adopt this exception should amend this policy to reflect that and direct the administration to develop the required procedures designed to ensure student safety.
Legal Reference: No Child Left Behind, Title IV, Sec. 4141, P.L. 107-110 (2002)
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 (1997)
281 I.A.C. 12.3(6)
Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline
507 Student Health and Well-Being
Approved: 2-10-03
Reviewed: 12-10-18
Revised: