502 Student Rights and Responsibilities

502.1 Student Appearance

STUDENT APPEARANCE

Students shall be clean and shall wear clothes appropriate for the time, place, and purpose intended.  Students shall not wear clothing or jewelry or carry any personal belonging which materially and substantially interferes with the good order, safety, health or positive educational environment of the school.  This includes but is not limited to items which contain lewd or profane depictions or words, or gang-related or other apparel which expresses violence, bigotry, hate or abuse.

The Decorah Community School District has adopted curriculum to educate students about the dangers of vaping, tobacco, alcohol and drugs and has adopted disciplinary standards banning the possession, use and distribution of tobacco, alcohol and drugs.  The District has also implemented a student assistance program to provide positive interventions for students who may be affected by abuse of tobacco, alcohol or drugs.

The Decorah Community School District has taken measures to provide a safe learning environment for students, and has specifically banned knives, guns, weapons and “look-alikes” of knives, guns and weapons on school premises and at school activities.

In furtherance of these programs and standards, the District prohibits students from wearing any article of clothing or jewelry or carrying any personal belonging which contains words, insignia, logos, caricatures, or other symbols which portray or advertise any product or service not permitted to minors by law or which portray a knife, gun or weapon.  This shall apply both to students who are minors and to students no longer minors.  Such prohibited material includes, but is not limited to, buttons, badges, shirts, notebooks, book bags, and gym bags.  This policy specifically prohibits any advertisement of alcohol, beer, tobacco products, vaping or drugs.

 

Date of Last Review:  October 14, 2019

Date of Revision:

October 14, 2019                

 

 

Legal References:

 

279.8, 279.58, 280.14, 280.22 Code of Iowa; 281                                                  

I.A.C. 12.3(6)                                            

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

502.2 Interviews of Students

INTERVIEWS OF STUDENTS

School Interviews.  District personnel shall have the authority to conduct investigations and to question students pertaining to infractions of school rules and District matters whether or not the alleged conduct is a violation of the criminal law.  The student's parents need not be contacted prior to the interview, except that if a student in grades prekindergarten through sixth is to be interviewed in connection with an alleged incident of sexual abuse of a student by an employee, the parents or guardians of the student to be interviewed shall be notified and shall have an opportunity to observe and hear the interview or to send a representative in their place.

Community Resource Personnel.  Area Education Agency, community mental health and other community organization personnel shall schedule interviews with students through the building principal.  Permission must be given by the student's parent or guardian for such outside agencies, other than child abuse investigators, to interview students at school.

Child Abuse Investigations.  The District shall cooperate with the Department of Human Services  in matters relating to alleged cases of child abuse or neglect.  As required by law, the building principal shall allow Department of Human Services personnel to have confidential access to a child named in a child abuse report and to other children alleged to have relevant information.  The building principal need not report the investigation or interview to the child's parent or guardian.

Law Enforcement Personnel.  The Superintendent or building principal shall determine when the necessity exists for law enforcement officials to be contacted to conduct an investigation of matters which may jeopardize the safety of school personnel or students, which may endanger school property, or which may interfere with the operation of the schools.  An administrator or other designated professional District employee may be present during the questioning, except in Level Two Investigations under Code No. 507.10.  The student's parent or guardian need not be contacted prior to the interview unless the student is first taken into custody by law enforcement officials.

Students shall not be released into the custody of law enforcement personnel unless the student has been placed under arrest, or is being removed for disorderly conduct at school, or unless the student's parent or guardian agrees to the release if the student is a minor or the student agrees to release if not a minor.

 

Date of Last Review:  October 14, 2019

Date of Revision:

December 9, 2002              

 

 

Legal References:

232.11, 232.19, 232.71B, 279.8, 280.17, 280.17A,                                                       

280.24, Code of Iowa; 281 I.A.C. 12.3(6), 

Chapter 102                                                  

 

543229

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

502.3 Use of Bicycles and Motor Vehicles

Code No. 502.3

 

USE OF BICYCLES AND MOTOR VEHICLES

 

The Board recognizes the convenience to families and students of having students ride bicycles or drive motor vehicles to and from school and parking at the school attendance centers.  Riding a bicycle and driving a motor vehicle to and from school and parking at the student's attendance center is a privilege.

Students may not loiter around nor be in their vehicles nor leave the school grounds in their vehicles during the school day without permission from the principal or its designee.

Students who wish to ride bicycles or drive to school and park at their school attendance center or a shared District’s attendance center for the purpose of attending extra-curricular activities shall comply with the rules and regulations established by the principal of their attendance center or by the District.  The Board may also contract with the City or County to enforce rules made pursuant to this policy.  Failure to comply with the rules shall be reason for suspension or revocation of school driving and parking privileges as well as other disciplinary action.

The Superintendent is authorized to complete the affidavit of necessity for a minor to obtain a school motor vehicle license.  The Superintendent, the Board members, and the District are not responsible for the actions or omissions of the minor which pertain to the use of the license or the operation of motor vehicles.

 

 

Date of Last Review:  October 14, 2019

Date of Revision:

August 11, 2014                       

01044710

 

Legal References:

 

279.8, 279.8A, Chapter 321, Code of Iowa; 761 I.A.C. 602.25, 602.26                                                           

 

 

 

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

502.4 Student Expression

Code No. 502.4

STUDENT EXPRESSION

Students are allowed, indeed encouraged, to express their viewpoints and opinions.  However, in order to maintain an appropriate learning environment and to protect the rights of all students, students must express themselves responsibly and appropriately in the school setting.  The expression shall not encourage the breaking of laws or school rules, shall not be libelous, shall not constitute harassment, or contain obscenity or indecent depictions.  Further, the expression must be done at a reasonable time and place, as determined by the administrative staff.  Student expressions which cause material and/or substantial disruption to the orderly operation of the school or are in violation of this policy may be suppressed, and the students disciplined.

 

Date of Last Review:  October 14, 2019

Date of Revision:

July 15, 2013                          

 

 

Legal References:

 

279.8, 279.58, 280.22, 282.3, Code of Iowa; 281 I.A.C. 12.3(6)                                                           
 

 

00959274

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

502.4R1 Regulations and Procedures for Distribution of Nonschool Publications by Students

A.         Guidelines.

Students of the Decorah Community School District have the right, protected by the First Amendment to the United States Constitution, to exercise freedom of speech.  This includes the right to distribute to other students and staff, at reasonable times and places, unofficial written material, petitions, buttons, badges, or other insignia, except expression which:
             1.          is obscene to minors;

             2.          is libelous;

             3.          contains indecent, profane, lewd, or vulgar language;

             4.          advertises or promotes any product or service not permitted to minors by law (this shall not be interpreted to prohibit a student from advocating for a change in the law, however);

             5.          endangers the health or safety of another person;

             6.          constitutes insulting or fighting words, the very expression of which injures or harasses other people (e.g., threats of violence, defamation of character or of a person's race, color, religion, creed, sex, gender identity, ethnic background, national origin, disability, or sexual orientation);

             7.          presents a clear and present likelihood that, either because of its content or the manner of distribution, it will cause a material and substantial disruption of the proper and orderly operation and discipline of the school or school activities, will cause the commission of unlawful acts or the violation of lawful school regulations.

 

B.          Applicability.

These regulations and procedures apply to the distribution of unofficial materials by Decorah Community School District students on District premises or at school activities.  Persons not students wishing to distribute unofficial materials shall contact the Superintendent's office.  Distribution of student materials in classrooms for classroom activities may be regulated by the classroom teacher to ensure compliance with curriculum objectives and District regulations.

 

C.         Procedures.

             1.          Any student wishing to distribute material must first submit for approval a copy of the material to the building principal at least twenty-four (24) hours in advance of the desired distribution time, together with the following information:

                                        a.           Name, homeroom and telephone number of the student submitting the        request;

                                        b.          Date(s) and times(s) of day of intended display or distribution;

                                        c.           Location where material will be displayed or distributed; and

                                        d.          The grade(s) of students to whom the display or distribution is intended.

             2.          Within twenty-four (24) hours of the submission, the principal (or the principal's designee) will render a decision whether the material violates the Guidelines in section A or the time, place and manner restrictions in section D of the regulation.  In the event that permission to distribute the material is denied, the person submitting the request shall be informed in writing of the reasons for the denial.

             3.          If the student submitting the request does not receive a response within twenty-four (24) hours of submission, the student shall contact the principal's office to verify that the lack of response was not due to an inability to locate the student.  If the student has made this verification and there is no response to the request, the material may be distributed in accordance with the time, place and manner provisions in section D.

             4.          If the student is dissatisfied with the decision of the principal (or the principal's designee), the student may submit a written request for appeal to the Superintendent.  If the student does not receive a response within three (3) days (not counting Saturdays, Sundays or holidays) of submitting the appeal, the student shall contact the Superintendent's office to verify that the lack of response is not due to an inability to locate the student.  If the student has made this verification and there is no response to the appeal, the material may be distributed in accordance with the time, place and manner provisions in section D.

             5.          At every level of the procedure, the student submitting the request shall have the right to appear and present the reasons, supported by relevant witnesses and material, as to why distribution of material is appropriate.

             6.          Permission to distribute material does not imply approval of its contents by either the Decorah Community School District, the Board of Directors, the administration, or the individual reviewing the material submitted.

 

  1. Time, Place and Manner of Distribution.

             The distribution of unofficial material shall be limited to a reasonable time, place, and manner as follows:

             1.          The material shall be distributed from a table set up for the purpose in a location designated by the principal, which location shall not block the safe flow of traffic or block the corridors or entranceways, but which shall give reasonable access to students.

             2.          The material shall be distributed either before and/or after the regular instructional day.

             3.          No written material may be distributed during and at the place of a normal school activity if it is reasonably likely to cause a material and substantial disruption of that activity.

 

E.          Definitions.

             The following definitions apply to the following terms as used in this regulation.

             1.          "Obscene to minors" is defined as:

                           (a)         The average person, applying contemporary community standards, would find that the written material, taken as a whole appeals to the prurient interest of minors of the age to whom distribution is requested;

                           (b)         The material depicts or describes, in a manner that is patently offensive to prevailing standards in the adult community concerning how such conduct should be presented to minors of the age to whom distribution is requested, sexual conduct such as intimate sexual acts, masturbation, excretory functions, and lewd exhibition of the genitals; and

                           (c)         The material, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors.

             2.          "Minor" means any person under the age of eighteen (18).

             3.          "Material and substantial disruption" of a normal school activity is defined as follows:

                           (a)         Where the normal school activity is an educational program of the District for which student attendance is compulsory, "material and substantial disruption" is defined as any disruption which interferes with or impedes the implementation of that program.

                           (b)         Where the normal school activity is voluntary in nature (including, without limitation, school athletic events, school plays and concerts) "material and substantial disruption" is defined as student rioting, fighting or scuffling, unlawful seizures of property, shouting or boisterous conduct inappropriate to the event, participation in a school boycott, demonstration, sit-in, stand-in, walk-out, or other related forms of activity.

                           In order for expression to be considered disruptive, there must exist specific facts upon which the likelihood of disruption can be forecasted including past experience in the District or community, current events influencing student activities and behavior, and instances of actual or threatened disruption relating to the written material in question.

             4.          "School activities" means any activity of students sponsored by the school and includes, by way of example, and not by way of limitation, classroom work, library activities, official assemblies and other similar gatherings, school athletic contests, music programs, school plays, and other co-curricular activities.

             5.          "Unofficial" written material includes all written material except school newspapers, literary magazines, year books, and other publications funded and/or sponsored or authorized by the school.  Examples include leaflets, brochures, flyers, petitions, placards, pins, buttons, and underground newspapers, whether written by students or others.

             6.          "Libelous" is a false and unprivileged statement about a specific individual that tends to harm the individual's reputation or to lower him/her in the esteem of the community.

             7.          "Distribution" means circulation or dissemination of materials by means of handing out free copies, selling or offering copies for sale and accepting donations for copies.  It includes displaying written material in areas of the school which are generally frequented by students.

 

F.          Disciplinary Action

             Distribution by any student of unofficial written material prohibited in section A or in violation of section D will be halted, the materials seized, and disciplinary action will be taken in accordance with the District's Behavior and Discipline Code.

             Any other person violating this policy will be requested to leave the school property immediately and, if necessary, the police will be called.

 

Date of Last Review:  October 14, 2019

Revised:  October 14, 2019

01643674

 

 

502.5 Student Lockers

Code No. 502.5

STUDENT LOCKERS

Student lockers are the property of the District.  Students shall use the lockers assigned to them by the District for storing their school materials and personal belongings necessary for attendance at school.  It shall be the responsibility of each student to keep the locker clean and undamaged.  The District may periodically inspect the lockers in accordance with District policy on Student Searches.

 

Date of Last Review:  October 14, 2019

Date of Revision:

December 9, 2002                   

 

 

Legal References:

 

279.8, 280.14, Chapter 808A, Code of Iowa            

 

 

543233

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

502.6 Student Searches

Code 502.6

Student Searches

Prohibited Items.  In the interest of maintaining the health, safety and good order of the school environment, students shall not have prohibited items in their possession or control on school grounds, on school vehicles, or while attending or participating in school activities or events.  Prohibited items are such things as tobacco products, beer, wine, alcoholic beverages, controlled substances which have not been validly prescribed, "look alike" tobacco, alcoholic beverages or controlled substances, apparatus used for the administration of controlled substances, weapons, explosives, toy weapons or explosives, poisons, stolen property, or other devices or materials which are intended to interfere with school order.  Licensed school employees and other employees of the District employed for security or supervision purposes ("authorized personnel") may, without a warrant, search a student, a student's belongings, student lockers, automobiles on school property, desks, facilities, or work areas under the circumstances outlined below in order to maintain the safety, health, discipline and order of the school environment.

Personal Searches.

Reasonable Suspicion.  Searches of students, their clothing, pocketbooks, briefcases, book bags, duffel bags or other personal containers in the possession of or in the immediate proximity of the student, and searches of automobiles on school property shall be conducted only if there is a reasonable articulable suspicion that a criminal offense has been committed or a school rule has been violated by the student being searched and that the search will provide evidence of such violation.  The search shall be conducted in a manner which is reasonably related to the objectives of the search and shall not be excessively intrusive in light of the age and gender of the student and the nature of the infraction.  If the student is not present during the search, another adult shall be present and the student shall be notified of the search either prior to or as soon as reasonably practicable after the search is conducted.  Reasonable suspicion may be formed by considering such factors as:

           1.      Eye witness observations by school personnel; or

           2.      Information received from a reliable source; or

           3.      Suspicious behavior by the student; or

           4.      The student's past history; or

           5.      Articulable circumstantial evidence.

Reasonable Scope.  All searches of students or their belongings shall be reasonably related in scope to the circumstances which gave rise to the need for the search and shall be based upon consideration of relevant factors which include, but are not limited to:

           1.      The nature of the violation for which the search is being instituted;

           2.      The age or ages and gender of the students who may be searched;

           3.      The objectives to be accomplished;

           4.      The emergency requiring the search without delay.

Procedures.  Authorized personnel may ask a student to open and/or empty his/her pockets, handbag, briefcase, book bag, duffel bag, or other personal belonging when there is reasonable suspicion that the student has a prohibited item in his/her possession.  If the student fails to comply, an administrative staff member or his/her designee may search the student or the student's belongings, in the presence of another adult.  Searches which involve a pat-down of the student or which involve the removal of any clothing (e.g., jacket or socks) shall be conducted by a person of the same gender as the student and shall be conducted in private and in the presence of a witness of the same gender.  Except in cases of emergency (e.g., it is believed the student may harm himself/herself or others), other staff members shall not conduct a search.  Strip searches, body cavity searches and the use of a drug-sniffing animal to search a student's body shall not be allowed.  If a prohibited item is found in a personal search, appropriate disciplinary action may be taken.  Items which may be illegal to possess may be turned over to proper authorities.

Lockers, Desks and School Facilities.

Periodic Inspections.  Lockers, desks and other facilities and spaces remain at all times property of the District, even though temporarily assigned as a courtesy to students.  These facilities are subject to unannounced inspections, and students have no legitimate expectations of privacy in these facilities even though they may be locked.  Written notice shall be given annually to each student and his/her parents, guardians, or custodians that the District may conduct periodic inspections without prior notice of all or a randomly  selected number of school lockers, desks, and other facilities or spaces owned by the District and provided as a courtesy to students.  The inspection shall occur in the presence of the student or at least one other person.  If a prohibited item is found in a periodic inspection, the student may be subject to appropriate disciplinary action, and items which may be illegal to possess may be turned over to proper authorities.

Search.  An administrative staff member or his/her designee may search a locker, desk or other assigned facility or space when there is a reasonable suspicion the student has a prohibited item.  The student need not be present at the time of the search, but another person shall be present.  Other authorized personnel may request a student to open his/her locker, desk or other assigned facility or space and disclose its contents when there is a reasonable suspicion the student has a prohibited item in the facility.  Except in cases of emergency, nonadministrative staff personnel shall not search the locker, desk or other facility or space without the student's consent.  If a prohibited item is found in a search, the student may be subject to appropriate disciplinary action, and items which may be illegal to possess may be turned over to the proper authorities.

Searches by Law Enforcement Officials.  Law enforcement officials will not be allowed to search students, their belongings, desks, lockers or automobiles on school premises unless pursuant to an arrest, a valid warrant or other reason allowed by law.

Use of Dogs to Search School Property

The Superintendent of Schools may authorize, as part of an overall effort to maintain safe schools, the periodic use of narcotic detection dogs to alert staff to the presence of substances prohibited by law or Board policy.

The use of narcotic dogs is subject to the following:

           1.      The Superintendent or designee shall authorize the search and the Principal or his/her designee shall be present while the search is taking place.

           2.      Parents and students shall be notified in writing  of this policy at the beginning of each school year, through its inclusion in the student and/or parent handbook and/or on the District’s/school’s website.

           3.      All school property such as lockers, classrooms, parking areas and storage areas may be searched.

                            a.      Dogs shall not be used in rooms occupied by persons except for demonstration purposes with the handler present.

                           b.      When used for demonstration purposes, the dog may not sniff the person or any individual.

                           c.      The dogs may sniff the air around lockers, desks, or vehicles on District property or at District-sponsored events as long as they are not allowed to sniff within close proximity of any student’s person.

                           d.      Individual(s) shall not be subjected to a search by dogs. To avoid the potential of allergic reactions, dogs shall be kept away from the students.

           4.      Once notification has been given to parents and students, through the inclusion of the policies in the student/parent handbook and/or on the District’s/school’s website, the school district will have met its obligation to provide written notice of the searches. Additional notices need not be given and actual times or dates of planned searches need not be released in advance.

           5.      Only properly trained dogs that are handled by trained personnel shall be used for searches of school property.

           6.      Only the dog’s official handler will determine what constitutes an alert by the dog.  If a dog alerts on a locker and a search is subsequently conducted by school officials, the search will be conducted in the presence of the student(s) whose locker(s) is/are being searched or, in the absence of the student(s), the search shall be conducted in the presence of at least one other person. If a dog alerts on a locked vehicle, the student who brought it onto District property shall be asked to unlock it for a search conducted per procedure outlined in Board of Education Policy. An effort shall be made to protect the student’s privacy to the greatest degree possible.

 

Date of Last Review:  October 14, 2019

Date of Revision:

July 15, 2013                          

 

 

Legal References:

 

279.8, 279.9, 702.23, Chapter 808, Chapter 808A, 

Code of Iowa; 281 I.A.C. 12.3(6)                             

 

 

00959276

DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS