503 STUDENT DISCIPLINE

503.1 STUDENT CONDUCT

The Wapello Board of Directors 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 interact more effectively with students.

Students shall conduct themselves in a manner fitting to their age level and maturity 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 the 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 disruptive; or conduct which interrupts the maintenance of the disciplined atmosphere. Disciplinary measures include, but are not limited to, removal from the classroom, detention, suspension, probation, and expulsion.

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

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

In-school suspension means the student will attend school but will be temporarily isolated from one or more classes while under supervision. An in-school suspension will not exceed 10 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 10 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 conditional suspension of a penalty for a definite period of time in addition to being reprimanded. The conditional suspension shall mean the student must meet the conditions and terms of 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.

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

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 Communkty School District, 307 F. Supp. 485 (Iowa 1970).; Bunger v. Iowa High School Athletic Association, 197 N.W. 2d 555 (Iowa 1972).; Board of Directors of Independent School District of Waterloo v. Green, 259 Iowa 1260, 147 N.W. 2d 854 (1967).; Iowa Code 279.8; 282.3, 282.4, 282,5; 708.1; 281 I.A.C. 12.3 (6)

 

Cross Reference:  501   Student Attendance; 502  Student Rights and REsponsibilities;  503.6  Physical Restraint and Seclusion of Students; 504  Student Activities; 603.3  Special Education; 903.5  Distribution of Materials

 

Approved: 8/17/1995

Reviewed: 1/9/2003; 02/14/2008; 1/12/12; 12/13/2017; 9/20/22

 Revised: 1/9/2003; 12/14/23

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 will conduct an investigation of the allegations against the student prior to imposition of probation. The investigation will 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 and reasons for the probation will 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 investigation of the allegations against the student prior to imposition of an in-school suspension. The investigation will 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 will not be imposed for more than 10 school days. Written notice and reasons for the in-school suspension will be sent to the student's parents.

C. Out-of-School Suspension

 

1. Out-of-school suspension is to be used when other available school resources are unable to constructively remedy student misconduct.

2. A student may be suspended out of school for 10 days by a principal for a commission of gross or repeated infractions of school rules, regulations, 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 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 and

b. The opportunity to respond to those charges.

3. Notice of the out-of-school suspension will 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 personally notify the student's parents and such effort shall be documented by the person making or attempting to make 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 suspension to determine whether the student has a disability and is in need of special education.

 

503.2 EXPLUSION

Only the Wapello Board of Directors may remove a student from the school environment for more than ten (10) consecutive scvhool days.

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

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

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

  1. Notice of the reasons for the proposed expulsion;
  2. The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released at the discretion of the superintendent;
  3. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;
  4. The right to be represented by counsel; and,
  5. The results and finding of the board in writing open to the student's inspection.

In addition to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually guilty of 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 (1993).

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

 

Cross Reference:        502  Student Rights and Responsibilities

                                    503  Student Discipline

 

Approved: 8/17/1995

Reviewed: 1/11/2001; 02/14/2008; 1/12/12; 12/13/2017; 9/20/22

Revised:  12/14/23

503.3 FINES - FEES - CHARGES

The Wapello Board of Directors believes students should respect school district property and assist in its preservation for its 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 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 shall be the responsibility 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: 12/12/1996

Reviewed: 1/11/2001; 02/14/2008; 1/12/12; 12/13/2017; 9/20/22

 Revised:

503.3E1 WAPELLO COMMUNITY SCHOOL DISTRICT STANDARD FEE WAIVER APPLICATION

WAPELLO COMMUNITY SCHOOL DISTRICT
STANDARD FEE WAIVER APPLICATION

Date:  _______________________________________________ School Year: _____

All information provided in connection with this application will be kept confidential. Name of student:       Grade in school: ____
School:

Name of parent, guardian, or legal or actual custodian:

Please check type of waiver desired:

Full Waiver ____                                  Partial Waiver ____                            Temporary Waiver _____

Please check the student or the student's family meets the financial eligibility criteria or is involved in one of the following programs:

Full Waiver

Free meals offered under the Children Nutrition Program The Family Investment Program (FIP)

Supplemental Security Income (SSI)

Transportation assistant under open enrollment

Foster care

Partial Waiver

___ Reduced priced meals offered under the Children Nutrition Program Temporary Waiver

If none of the above apply, but you wish to apply for a temporary waiver of school fees because of serious financial problems, please state the reason for the request:

Signature of parent, guardian, or legal or actual custodian

 

Note: Your signature is required for the release of information regarding the student or the student's family financial eligibility for the programs checked above.

503.3R1 STUDENT FEE WAIVER AND REDUCTION PROCEDURES

The Wapello Board of Directors recognizes that while certain fees charged students are appropriate and authorized, certain students and their families are not financially able to pay the fees. The school district may grant either full waivers or partial waivers depending upon the circumstances and the student or student's parents' ability to meet the financial criteria.

A. Waivers

1.      Full Waivers - a student will be granted a full waiver of mandatory fees charged by the school district if the student or student' parents meet the financial eligibility criteria for free meals under the Child Nutrition Program, Family Investment Program, Supplemental Security Income Guidelines, or were eligible for transportation assistance under open enrollment. Students in foster care are also eligible for full waivers.

2.      Partial Waivers - the student will be granted a partial waiver of mandatory fees charged by the school district if the student or the student's parents meet the financial eligibility criteria for reduced priced meals offered under the Child Nutrition Programs. The reduction percentage will be 50%.

B. Application - Parents or students eligible for a fee waiver shall make an application on the form provided by the school district. Applications may be made at any time but must be renewed annually.

C. Confidentiality - the school district will treat the application and application process as any other student record and student confidentiality and access provisions will be followed.

D. Appeals - Denials of a waiver may be appealed to the:

a.    Superintendent

b.    School Board

c.    The Department Of Education

 

E. Fines or charges assessed for damage or loss to school property are not fees and will not be waived.

F. Notice - the school district will annually notify parents and students of the waiver. The following information will be included in the registration materials and printed in the district handbooks, newspaper, and newsletter:

Students whose families meet the income guidelines for free and reduced price lunch, the Family Investment Program (FIP), Supplemental Security Income (SSI), transportation assistance under open enrollment, or who are in foster care are eligible to have their mandatory fees waived or partially waived.

Parents or students who believe they may qualify for this waiver should contact the building Secretary for waiver form. This waiver does not carry over from year to year and must be completed annually.

 

 

 

503.4 GOOD CONDUCT RULE

Participation in school activities is a privilege. Wapello 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: 8/17/1995

Reviewed: 1/11/2001; 02/14/2008; 1/12/12; 12/13/2017; 9/20/22

Revised:

503.5 CORPORAL PUNISHMENT, MECHANICAL RESTRAINT, AND PRONE RESTRAINT

The use of corporal punishment, mechanical restraint and/or prone restraint is prohibited in all schools.  Corporal punishment is defined as the intentional physical punishment of a student 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 the disturbance that threatens physical harm to any person.
  • To obtain possession of a weapon or other dangerous object(s) within a student's control.
  • For the purposes of self-defense or defense of others as provided for in Iowa Code section 703.3.
  • For protection of property as provided for in Iowa Code section 704.4 or 704.5.
  • To remove a disruptive student from class or any area of school premises or from school-sponsored activities off school premises.
  • To protect a student from the self-infliction of harm.
  • To protect the safety of others.
  • Using incidental, minor, or reasonable physical contact to maintain order and control.

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

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

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

  1. The size and physical, mental, and psychological condition of the student;
  2. The nature of the student's behavior or misconduct provoking the use of physical force;
  3. The instrumentality used in applying the physical force;
  4. The extent and nature of resulting injury to the student, if any; including mental and psycholgical injury
  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.

 

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

 

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

 

Approved: 8/17/1995

Reviewed: 1/11/2001; 02/14/2008; 1/12/12; 12/13/2017' 9/20/22

Revised:

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:  8/9/23

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:  12/14/23

Reviewed:

Revised: