Code No. 503.1

Page 1 of 3

STUDENT CONDUCT

The board believes inappropriate student conduct causes material and substantial disruption to the school environment, interferes with the rights of others, or presents a threat to the health and safety of students, employees, and visitors on school premises.  Appropriate classroom behavior allows teachers to communicate more effectively with students.

Students will conduct themselves in a manner fitting to their age level and maturity and with respect and consideration for the rights of others while on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered 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 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 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; or while attending or engaged in school district activities will be suspended by the principal.  Notice of the suspension is sent to the board president.  The board will review the suspension and decide whether to hold a disciplinary hearing to determine whether to impose further sanctions against the student which may include expulsion.  In making its decision, the board shall consider the best interests of the school district, which shall include what is best to protect and ensure the safety of the school employees and students from the student committing the assault.  Assault for purposes of this section of this policy is defined as, when, without justification, a student does any of the following:

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

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

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

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

 

Code No. 503.1

Page 2 of 3

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

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 or the building principal, disciplining the student.

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

Probation means a student is given a conditional suspension of a penalty for a definite period of time in addition to being reprimanded.  The conditional suspension will mean the student must meet the conditions and terms for the suspension of the penalty.  Failure of the student to meet these conditions and terms will result in immediate reinstatement of the penalty.

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

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

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

 

 

Code No. 503.1

Page 3 of 3

Date of Review:  January 11, 2021

Date of Revision:    January 11, 2021

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 Comm. School Dist., 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; 282.3, 282.4, 282.5; 708.1.             281 I.A.C. 12.3(6)   Cross Reference: 501 Student Attendance 502 Student Rights and Responsibilities 504 Student Activities 503.9 Physical Restraint and Seclusion of Students 603.3 Special Education 903.5 Distribution of Materials

       

 

SUSPENSION PROCEDURES

An administrator may impose an in-school or out-of-school suspension for a period of time not to exceed ten (10) consecutive school days.  The student shall be told orally and/or in writing of the charges against the student.  If the student denies the charges, the student shall be given an opportunity to explain his/her side of the story and shall be given an explanation of the evidence against the student.  If the administrator finds it advisable, the student may be allowed to confront witnesses against the student and/or call witnesses on behalf of the student; however, the administrator shall not be obligated to compel persons to give statements.

There need be no delay between the time of notice of the charges and the student's opportunity to respond.  The notice to the student and the informal hearing must generally precede the imposition of the suspension.  However, students whose presence poses an immediate or continuing danger to persons or property or an ongoing threat of disrupting school may be immediately removed from school with the above procedures to be followed as soon as practicable.

A written notice of the suspension shall be mailed or personally delivered to the student's parent or guardian no later than the end of the school day following suspension, if practicable.  Otherwise, as soon thereafter as reasonably possible.

If a student who requires special education has been suspended (either in-school or out-of-school if provision of services is not provided), for ten (10) days on a cumulative basis in one school year, a manifestation determination must be conducted and further disciplinary action taken only as consistent with federal and state law.

 

Date of Last Review:  October 14, 2019

Date of Revision:  October 14, 2019

01643687

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

The Board of Directors, following a recommendation of the Superintendent or his/her designee, may suspend a student for a period of time to be determined by the Board or may expel a student from school.  Written notice of the charges prompting the administrative recommendation and notice of the District policy, rule or regulation alleged to have been violated or a statement that the recommendation is for repeated violations of District rules shall be mailed or delivered personally to the parent or guardian and to the President of the Board.  The notice shall also give the time and place for a hearing before the Board of Directors.  The hearing shall be scheduled for a time within ten (10) school days after the notice has been mailed or delivered, if practicable.

The hearing shall be before a majority of the members of the Board.  The student may be accompanied to the hearing or be represented by parents, guardians, legal counselor or other representative of the student's choice.  The administration and/or the Board may also be advised by legal counsel or other representatives of their choice.

The hearing shall follow the outline as set out below as nearly as possible:

1.    The administration shall present evidence in support of the recommendation.  The student shall have the opportunity to cross-examine any witnesses called by the administration.
2.    The student may present evidence to refute the recommendation.  The administration shall have the opportunity to cross-examine any witnesses called by the student.
3.    The parties may present rebuttal evidence.
4.    The administration may make a brief closing statement.
5.    The student may make a brief closing statement.

The hearing shall be administrative in nature and shall not be governed by formal rules of evidence or procedure.  The Board of Directors shall not be required to compel the attendance of witnesses to give testimony at the hearing.  If any participant at the hearing conducts himself/herself in a disruptive manner, the Board may exclude the participant and proceed with the hearing.

The hearing shall be in closed session of the Board of Directors unless an open session is requested by the student or the student's parent or guardian if the student is a minor.  In the event an open session is requested, it shall be deemed a waiver of confidentiality of any information regarding the student used at the hearing.

If the student or his/her representative fails to appear at the hearing, or if the student desires to make no response, the administration shall nevertheless submit evidence in support of the recommendation.

A transcript and/or tape recording shall be made of the hearing.

At the conclusion of the hearing, the Board shall consider all relevant evidence introduced at the hearing and shall make a decision.  The Board shall then meet in open session and by roll call vote entered in the minutes, make a decision on the merits.  The Board may adopt, modify, or deny the administration's recommendation.  Written findings of fact and conclusions of law shall be sent to or personally delivered to the parent or guardian or student or his/her representative within ten (10) school days of the decision.

At the time of suspension or expulsion, the Board may determine whether the student should have access to alternative programs or whether the student should be excluded from all programs of the District.

A student may be readmitted to school following a long-term suspension or expulsion only by or upon the direction of the Board of Directors.

A student or parent has the right to appeal the Board's decision as provided in Chapter 290 of the Code of Iowa.

If the student has been identified as a child requiring special education, the Board shall not suspend or expel the student without complying with requirements of law relating to special education.  In such cases, the IEP team shall determine if the behavior is a manifestation of the student’s disability.  A student eligible for special education shall not be expelled or have a long-term suspension imposed if the behavior is a manifestation of the disability.  If the behavior is not a manifestation of the disability, a long-term suspension or expulsion may be considered, but an appropriate alternative program shall be provided.  The Board shall be provided pertinent special education records when considering the suspension or expulsion recommendation.

 

Date of Last Review:  October 14, 2019

Date of Revision: October 14, 2019

Legal References: 20 U.S.C. §1415; 123.47B, Chapter 124, 279.8, 279.9, 279.9A, 279.9B, 279.58, 279.66, 280.3, 280.8, 280.9B, 280.14, 280.17A, 280.17B, 280.21, 280.21B, 280.22, 280.24, 280.25, 280.26, 282.3, 282.4, 282.5, 285.10, Chapter 287, 299.1, 299.1A, 299.1B, 299.8, 299.9, 708.1, 724.4A, 724.4B, Code of Iowa; 281 I.A.C. Chapter 6, Chapters 12, 36, 41, 102, 103

 

01643796

WEAPON

The Decorah Community School District believes that students and employees deserve to learn and work in a safe and healthy environment.  Weapons and other dangerous objects in the school district facilities cause material and substantial disruption to the school environment and present a threat to the health and safety of students, employees, and visitors on the school district premises or property.

A "dangerous weapon" is any device or instrument designed primarily for use in inflicting death or injury, and when used in its designed manner is capable of inflicting death.  It is also any sort of instrument or device which is actually used in such a way as to indicate the user intended to inflict death or serious injury, and when so used is capable of inflicting death.  Dangerous weapons include, but are not limited to: any offensive weapon, pistol, revolver, or other firearm, dagger, razor, stiletto metal knuckles, knives of all types, BB guns, explosives (including fireworks), or other chemicals, and simulated or “look alike” weapons, including toys.  The item need not be illegal to possess under the criminal law to constitute a “weapon” under this policy.  Students in possession of these will be subject to disciplinary action, including suspension or expulsion.

Weapons and other dangerous objects shall be taken from students 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 weapon or dangerous object on school property shall be notified of the incident.  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 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 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 poisonous gas.

Weapons under the control of law enforcement officials shall be exempt from this policy.  The principal may allow authorized persons to display weapons or other dangerous objects for educational purposes.  Such a display shall also be exempt from this policy.  The superintendent, in conjunction with the principal, may develop administrative regulations regarding this policy.

 

Date of Last Review:  October 14, 2019

 

Date of Revision: October 14, 2019

Legal References: 20 U.S.C. §1415; 123.47B, Chapter 124, 279.8, 279.8A, 279.9, 279.9A, 279.9B, 279.58, 279.66, 280.3, 280.8, 280.9B, 280.14, 280.17A, 280.17B, 280.21, 280.21B, 280.22, 280.24, 280.25, 280.26, 282.3, 282.4, 282.5, 285.10, Chapter 287, 299.1, 299.1A, 299.1B, 299.8, 299.9, 708.1, 724.4A, 724.4B, Code of Iowa; 281 I.A.C. Chapters 6, 12, 36, 41, 102, 103

01644413

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 503.4

ASSAULTS AGAINST EMPLOYEES

A student who commits an assault against an employee shall be suspended and may be recommended for expulsion.  Requirements of federal and state law for students requiring special education shall be adhered to.  The principal shall determine whether the suspension shall be an in-school suspension or an out-of-school suspension based upon consideration of the seriousness of the assault, extenuating circumstances, and the student's prior disciplinary record.  Notice of the suspension shall be provided to the Superintendent and to the Board President.  The Board of Directors shall review the suspension to determine whether to hold a disciplinary hearing to determine whether or not to impose further sanctions against the student, which may be expulsion. 

"Assault" for purposes of this policy includes:

                1.        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

                2.        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

                3.        intentionally pointing any firearm toward another or displaying in a threatening manner any dangerous weapon toward another.

 

Date of Last Review:  October 14, 2019

Date of Revision: October 14, 2019

Legal References: 20 U.S.C. §1415; 123.47B,  279.8, 279.9A, 279.9B, 280.8, 280.9B, 280.14, 280.17B, 280.21, 280.21A, 280.21B, 280.22,  280.25, 280.26, 280.27, 282.3, 282.4, 282.5,  708.1,  Code of Iowa; 281 I.A.C. Chapters 6,  12, 36, 41, 102, 103

1643797 DECORAH COMMUNITY SCHOOL DISTRICT BOARD OF DIRECTORS

Code No. 503.5

STUDENT CONDUCT ON SCHOOL VEHICLES

Students utilizing school transportation shall conduct themselves in an orderly manner with mutual respect and consideration for the rights of the driver and the other passengers.  Students who fail to behave in an orderly manner will be subject to disciplinary measures.

The driver shall have the authority to maintain order on the school vehicle.  It shall be the responsibility of the driver to report misconduct to the Director of Transportation who shall then report the incident to the appropriate building principal for action.

The principal shall have the authority to suspend transportation privileges of the student or impose other appropriate discipline covered by 503.5R1. 

 

Date of Last Review:  October 14, 2019

Date of Revision: October 14, 2019

Legal References: 20 U.S.C. §1415; 123.47B, Chapter 124 256B.6, 279.8, 279.8A, 279.9, 279.9A, 279.9B, 279.58, 280.3, 280.8, 280.9B, 280.14, 280.17A, 280.17B, 280.21, 280.21B, 280.22, 280.24, 280.25, 280.26, 282.3, 282.4, 282.5, 285.10, Chapter 287, 299.1, 299.1A, 299.1B, 299.8, 299.9, 708.1, 724.4A, 724.4B, Code of Iowa; 281 I.A.C. Chapters 6, 12, 36, 41, 102, 103

01643804

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

SCHOOL VEHICLE RULES

The purpose of the following regulations governing the behavior of students who ride school vehicles is for the safety of everyone.  Video cameras may be in operation on the school vehicles.

Rules to be observed by all students riding school vehicles:

1. Students riding school vehicles should be waiting for the school vehicle when it comes to a stop.  When the drivers are behind schedule, the school vehicle will not wait for students who are not at the pickup point.  It is the responsibility of the students to be aware of their pick-up times, so that the students will not miss the school vehicle and so that other students will not need to wait because of late students.
2. When a student will not be riding the school vehicle on a given day, the student or the student's parents should call the Director of Transportation (563-382-4165) who will inform the driver not to stop.
3. Students shall board and depart the school vehicle only after it has come to a complete stop.  Students must board the vehicle in an orderly manner and find a seat at once.
4. Students who must board the vehicle from the opposite side of the road must wait for the vehicle to come to a complete stop and for the driver to motion the students across the road.
5. Students who must cross the road when leaving the school vehicle must wait at the side of the vehicle for the driver's signal to cross.
6. The vehicle shall be kept neat and clean.  The aisles of the vehicle must be open and free of objects.  Any large objects should be stored under the seat.  Students cannot get off the vehicle quickly in case of an emergency if they are stumbling over objects in the way.
7. The emergency door shall remain closed at all times except in an emergency such as an accident, tornado, fire, or the vehicle is stalled in a dangerous area.  In such an emergency, students must remain claim and very QUIET so that they may hear the instructions of the driver.
8. Students may not engage in any conduct that could distract the driver from driving.  Distractions include: moving from seat to seat, yelling or leaning out the window, making too much noise, fighting, throwing objects, or talking to the driver.  If it becomes necessary to talk to the driver, make sure it is important, and wait until the vehicle makes a stop.  Of course, "hello," "good-bye," "thanks," and "have a nice day," are always welcome comments when getting on or off the vehicle.
9. Students who damage or deface any part of the school vehicle will be held liable for its repair or replacement and may be denied the privilege of riding the school vehicle.
10. Students who fail to act in an orderly manner, who fail to follow written or verbal instructions of the driver, who create any disturbance in or near the vehicle, or who otherwise violate these rules shall be disciplined as follows:
    
    1. First Offense:  The principal shall notify the student's parents of the behavior.
    2. Second Offense:  The student's parents will be contacted and will confer with the Transportation Director and/or the principal.

 

SCHOOL VEHICLE RULES

1. Third or Further Offenses:  The student may be suspended from riding the school vehicle by the principal for a set number of days.
2. Severe Clause:  Fighting, using profane language, carrying a weapon on board the school vehicle, or other serious misconduct may result in a suspension from the vehicle even as a first offense, and may result in loss of riding privileges for the balance of the school year.

The procedures of Code No. 503.1R1 shall apply to vehicle suspensions of ten (10) consecutive school days or less.  The procedures of Code No. 503.2 shall apply to vehicle suspensions of more than ten (10) consecutive school days. 

 

Date of Last Review:  October 14, 2019

Date of Revision: July 15, 2013

00959282

USE OF VIDEO CAMERAS

The Board supports the use of video cameras in school buildings and on school vehicles (including school buses) as a means to monitor and maintain a safe environment for students and employees.  The video cameras may be used on vehicles used for transportation to and from school, field trips, curricular events and co-curricular events.  Video cameras shall not be placed in any of the school buildings where students have expectations of bodily privacy, such as restrooms and locker rooms.  The contents of the videotapes may be used as evidence in a student or employee disciplinary proceeding.

Videotapes may be maintained by a school resource officer or other employee designated to serve as the school’s law enforcement unit, who shall serve as a law enforcement liaison.  The law enforcement liaison may share or release videotapes with parents of students whose images are on the video or with other law enforcement agencies as allowed by law.  

The contents of videotapes maintained by other school personnel and/or when used by school officials for disciplinary reasons are student records subject to Board policy and administrative regulations regarding confidential student records.  Only those persons permitted by such policy and regulation or other applicable law may view the video tapes, such as persons with a legitimate educational interest or purpose.  In most instances, those individuals with a legitimate educational purpose may be the superintendent, building principal, director of transportation, driver and special education staffing team.  A videotape recorded during a school-sponsored trip, such as an athletic event, may be accessible to the sponsor or coach of the activity.  Contents of videotapes may be treated like other evidence in any disciplinary or other proceeding.

Determination of how video cameras will be used and which school buildings and vehicles will be equipped with video equipment will be made by the Superintendent or his/her designee.

 

Date of Review:  October 14, 2019

Date of Revision:   October 14, 2019

01643813

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 503.5R3

 

SCHOOL BUS SEAT BELT POLICY

 

It is the goal of the Decorah Community School District Transportation Department to provide the safest student transportation possible. Beginning in 2019-20, the District is purchasing school buses equipped with lap/shoulder seat belts. The District requires that all students riding a school district bus equipped with seat belts wear seat belts while the bus is in motion.

All students will receive instruction on the proper use of seat belts during the twice annual bus safety drills. Drivers are not responsible (i.e. liable) for students wearing seat belts while riding. Drivers are responsible for instructing students to put on seat belts prior to the bus leaving a school.

Students who may require assistance in using seat belts should ask the bus driver for help, so that all students are safely belted in their seat before the bus is in motion. Drivers will announce prior to the bus leaving that each student needs to be in their seat with the seat belt fastened.

Students refusing to use seat belts create a safety concern for themselves and others, and are subject to school district disciplinary actions. Repeated refusal to wear seat belts can result in suspension from bus riding privileges.

 

 

 

 

 

 

 

 

 

 

Date of Revision:  July 13, 2020

 

 

 

 

STANDARDS FOR PARTICIPATION IN CO-CURRICULAR ACTIVITIES

I.           GENERAL PROVISIONS

A.         PURPOSE

The purpose of this policy is to establish and provide for the enforcement of Academic Standards and Conduct Standards for students participating in co-curricular activities in grades 9 through 12 of the Decorah Community School District.

B.          STATEMENT OF PHILOSOPHY

It is the belief of those concerned with the development of the youth of the Decorah Community Schools that membership and participation in co-curricular activities has a very positive effect in the development of constructive attitudes of citizenship.  Among which may be listed are principles of justice, fair play, good sportsmanship, respect for rules and authority, respect for others and one's own health and physical well-being, development of leadership, group pride and teamwork, self-discipline, and values of self-sacrifice.  It is also the District’s belief that the individual family should be the guiding influence and determinant of student behavior.

It is further deemed important that participants, before starting in any of these programs, should be aware of the philosophy, opportunities, and policies and procedures under which they will be participating.  Co-curricular activities are offered as an option and a privilege based not only on demonstration of a particular talent or ability, but also on demonstration of character embodying the values contained in this Policy.

Those who participate are expected to assume responsibility for maintaining high standards as defined by this Policy and the rules established by the activity’s sponsor.  Standards have been set for students who wish to participate at Decorah High School. Included are provisions to promote honesty and cooperation so that each student is able to have a positive learning experience as a participant in the co-curricular activity program.  In order to retain eligibility for participation in these activities students must exemplify high standards of behavior and conduct themselves as good citizens both in and out of school at all times.  Students who represent the District in an activity are expected to serve as role models to other students and to members of the community.  They are also expected to show respect toward the District they represent and to the fellow students and sponsors with whom they participate.

The other policies in regard to co-curricular participation will also be enforced.  The Board strongly believe co-curricular activities are a privilege and not a right, and as a result students who participate in co-curricular events are held to a higher standard of academic performance and conduct. 

 

C.         ACTIVITIES SUBJECT TO THIS POLICY

All activities, clubs or organizations, other than regularly scheduled academic classes, that are approved by the Board of Education will be considered Co-Curricular activities.  Examples of Co-Curricular activities subject to this policy include, but are not limited to: Art Club, Band, Baseball, Basketball, Cheerleading, Choir, Community Club, Cross Country, "D" Club, Dramatics, Envirothon, Fire Squad, FFA Chapter, Flag Corps, Football, Gay/Straight Alliance, Golf, Mock Trial, Orchestra, National Honor Society, Science Club, Soccer, Softball, Special Olympics, Speech, Student Council, Swimming, Tennis, Track, Viking Yearbook, Volleyball, and Wrestling.

 

D.         ATTENDANCE

A student must attend school for the afternoon, arriving by 11:30 a.m., of the same day he/she is to participate in any co-curricular activity, unless the activity is on a non-school day.  Extenuating circumstances, when presented to the administration, will be evaluated and examined on an individual basis.  If both the high school principal and activity director and/or his/her designee agree, permission to deviate from this Policy may be granted. 

 

E.          ESTABLISHMENT OF ACTIVITY-SPECIFIC RULES 

Directors of activities subject to this Policy may make reasonable rules as they relate to their activities as long as the rules are approved by the high school principal or his/her designee, and are not in violation or contradiction of this Policy.  Violation of these rules may result in limitation, suspension, or revocation of privileges or participation in these activities.  Any consequence for violation of the rules of a specific activity will only be applied as to that activity.

 

II.   ACADEMIC STANDARDS

In providing for the establishment and enforcement of academic standards for students participating in co-curricular activities, both local and state guidelines have been put in place to provide assistance to students and support the state law requirements.  These guidelines are listed below. 

 

A.         STATE GUIDELINES

1.          Students in grades 9-12 participating in interscholastic athletic competition for the IGHSAU (Iowa Girls High School Athletic Union) and IHSAA (Iowa High School Athletic Association) shall be subject to the Iowa Department of Education Scholarship Rules regarding academic eligibility.  Students in grades 9-12 participating in interscholastic speech competition shall be subject to the IHSSA (Iowa High School Speech Association) rules regarding academic eligibility.  Students in grades 9-12 participating in interscholastic music competition shall be subject to the IHSMA (Iowa High school Music Association) rules regarding academic eligibility. 

2.          The Department of Education, the IHSSA and the IHSMA rules require that: 

1. Student must receive credit in at least 4 subjects (each of one period or “hour” or the equivalent therefore) at all times. 
2. b.    Student must pass all coursework and be making adequate progress toward graduation to remain eligible.  Coursework taken from a post-secondary institution and for which District grants academic credit toward high school graduation shall be used in determining eligibility. 
3. If not passing all coursework at the end of the grading period in which a grade will appear on a transcript, student is ineligible to dress for and compete for the first 30 consecutive calendar days in the interscholastic activity in which the student is a contestant from the first legal competition date of that activity. Students in baseball and softball have the same penalty as other students.  Any student declared ineligible according to state guidelines may be permitted and/or required to practice under the discretion of administration and the activity sponsor.
4. If not passing all coursework at the end of the grading period in which a grade will appear on a transcript, student is ineligible for the first period of 30 consecutive calendar days in any event sanctioned or sponsored by the IHSSA or the IHSMA and those events that are competitive or evaluative in nature and are not sponsored by the IHSSA and the IHSMA in which the student is a contestant.
5. A student with a disability and an IEP shall not be denied eligibility based on scholarship if the student is making adequate progress toward the student’s IEP goals, as determined by District officials.
6. Summer school or other means may not be used to make up failing grades for eligibility purposes.  All original failing grades (even those remediated for purposes other than eligibility) must be reported to any school which the student transfers.
7. Cheer participants are treated in line with the Athletic Rule (30 Calendar Days)
8. All music and drama activities are treated in line with the Speech and Music Rule (30 Calendar Days) 
9. Students may participate in the event if the public performance constitutes part of a grade for a course. 
10. The grading period shall be the final grading period of the semester and shall not include mid-term grades. 
11. Grades of a, “P”, “D-” or better and “W” (withdrawn in a timely fashion) are passing grades. 
12. Grades of “F” and of “WF” (withdrawn, failing) are failing grades. 
13. A student who receives an “I” (incomplete) who then completes work by the deadline established by the teacher and administration to obtain a passing course grade shall remain eligible, including during the period of time the student has to obtain the passing grade.  A student who does not complete the work by the established deadline to obtain a passing grade and receives a failing grade shall be subject to the academic eligibility rules. 
14. Students must pass at least four (4) courses in the preceding semester to be eligible to participate at all in the current semester. 
15. Courses taken under the Post Secondary Enrollment Option including Contracted Classes are included in the required four (4) courses. 
16. Incoming 9th grade students are eligible immediately even if they enter with a failing grade from the 8th grade. 
17. A transfer student from an in-state or out-of-state school is subject to all academic eligibility guidelines.   

The first date of ineligibility for a student who becomes ineligible while in an activity will begin with the first school day following the day that the report card is mailed home. 

 

B.          DHS GUIDELINES

1.          A student must be passing all classes at the midterm of each quarter and at the end of the 1^st and 3^rd quarter.  In an attempt to assist students with academic performance, Decorah High School will require students who are not passing all classes at the mid-terms and end of the 1st and 3rd quarter to attend a weekly study table.  This study table will be available to all students and is mandatory for students involved in activities who have received a failing grade at one of the assigned grading check periods.  Once students are able to show the administration evidence that their grade is above failing they will not be required to attend the study table. 

2.          Study table will be offered from 3:00 until 4:30 PM on Wednesdays.  Students will be required to attend the study table for its entirety and may be allowed to return to practice after they are finished with the study table at 4:30.  Students will be allowed to practice and compete during this time period.  Any student involved with activities who does not attend study table when failing a class will be withheld from their current or future activities until their study table obligations are met. 

For more information and examples, see Appendix 1, attached to this Policy.

 

III. CONDUCT STANDARDS

1. POLICY VIOLATIONS

1.          A student may lose eligibility under this Policy for any of the following behaviors:

a.  possession, use, or purchase of tobacco products, including e-cigarettes;

b.  possession, use, purchase, or attempted sale/purchase of illegal drugs or look a-likes, or the unauthorized possession, use, purchase, or attempted sale/purchase of otherwise lawful drugs without a prescription;

c.  engaging in any act that would be a violation of local, state, or federal law or grounds for arrest or citation in the criminal or juvenile court system (excluding minor offenses such as traffic or curfew violations) regardless of whether the student is cited, arrested, convicted, or adjudicated for the act(s);

d. other inappropriate, disruptive or offensive conduct in violation of school district policy, regulation or student handbook provisions and/or interferes with the orderly operation of the school or the rights of any member of the student body, faculty or staff, including but not limited to, assault; refusing to cooperate with school officials or law enforcement authorities, acts of vandalism, hazing, bullying or harassment of other students and staff in any form, including inappropriate posts on social media.

 

2.          Any violations of this Policy may be reported to law enforcement.   

 

3.          Any violation(s) of school rules which aggregate to a total of 40 in school suspension points, third offense truancy, and/or a suspension according to the student handbook. 

 

B.     ADMINISTRATIVE DETERMINATION OF VIOLATION

1.          If it is alleged by any person that a student has violated these Conduct Standards, the principal or his/her designee shall promptly investigate such allegations.  This investigation shall not be limited by an formal rules of evidence or procedure.  The student shall be given notice, oral or written, of the allegations and will be given an initial opportunity to respond to the allegations as part of the investigation.    

2.          The principal, or his/her designee, shall make a preliminary determination based on a preponderance of the evidence whether the student has violated these Conduct Standards.  The totality of the evidence, including the number, credibility and consistency of the witness(es) alleging that the student has violated the Conduct Standards shall be taken into consideration when making such determination.  A determination that a student has violated the Conduct Standards shall be made without regard to whether the student is prosecuted or convicted for any alleged acts under Section IIIA.2 above.

3.          A violation may include, but is not limited to:

a.  If a student is found guilty by a court of law (however, a violation may be found without regard to whether a student is charged or convicted of any crime by authorities).

b.  If a student is referred to juvenile court services.

c.  If a student admits violating this policy.

d.  If a student was witnessed breaking this policy by one or more staff members, students or law enforcement.

 

C.    NOTICE AND DUE PROCESS

1.          The high school principal and assistant principal shall make a preliminary determination whether the student has violated this Policy, and shall notify the parent/guardian of their decision in a written Notice of Violation of Policy of Standards and Eligibility which shall contain the following:

a.  The student’s name and the names and address of the student’s parents or guardians.

b.  A statement as to the time, place and circumstances of the violation the student is alleged to have committed.

c.  A statement describing the sanction to be imposed upon the student for violating the Policy and the effective date on which such sanction shall commence.

d.  A statement that the principal’s determination as to the student’s violation of the Policy and the punishment imposed shall become immediately effective.

 

2.          If timely requested, a student and his/her parent(s) or guardian(s) shall be provided a hearing with the high school principal.  During the hearing, the student and his/her parent(s) or guardian(s) may present any information or argument against the preliminary determination.  Within three (3) working days of the hearing, the Principal shall provide written notification of whether the preliminary determination is upheld, modified or reversed.  The punishment imposed shall become final and effective, unless the parent(s) or guardian(s) of the student request a review by the superintendent within three (3) working days. 

 

3.          If timely requested, a student and his/her parent(s) or guardian(s) shall be provided a hearing with the superintendent.  During the hearing, the student and his/her parent(s) or guardian(s) may present any information or argument against the determination made by the high school principal.  Within three (3) working days of the hearing, the Superintendent shall provide written notification of whether the determination made by the high school principal is upheld, modified or reversed.  The punishment imposed shall become final and effective, unless the parent(s) or guardian(s) of the student request a review by the Board of Education within three (3) working days by delivering a written appeal notice to the board secretary. 

 

4.          If timely requested, a student and his/her parent(s) or guardian(s) shall be provided a hearing before the Board of Education.  The secretary shall schedule the appeal for the next regular or special meeting of the Board of Education, unless otherwise agreed to by parent(s) or guardian(s) of the student involved.  During the hearing, the student and his/ her parent(s) or guardian(s) may present any information or argument against the determination made by the superintendent.  The decision of the Board of Education shall be set forth in the written minutes of the Board and may affirm, reverse or modify the decision of the Superintendent.  The decision of the Board of Education shall be the final determination of the Decorah Community School District. 

 

5.          All consequences will remain in force and effect during an appeals process unless or until they are reversed or altered by the appropriate authority. 

 

D.   SANCTIONS

1.          Violations of the Conduct Standards will result in suspension of the privilege to participate for a period of time as described in Appendix 2.   The maximum period of ineligibility for a first offense shall be six (6) weeks.  The maximum period of ineligibility for a second offense shall be twelve (12) weeks.  The maximum period of ineligibility for a third offense is one calendar year from the date of the third violation.  The maximum period of ineligibility shall run only during those weeks in which interscholastic competition takes place and in activities in which the student normally participates.   

2.          An individual making a truthful report of a violation of the Conduct Standards to a school administrator within four (4) calendar days of the occurrence of the violation is a self-report. In order to receive the sanction of a self-report, a student must also follow up with

a written and signed statement of confirmation to the activities director or his/her designee.  This statement needs to be signed by both the student and the parent/guardian.  Individuals participating in a school event after violating the Policy, but prior to making a self-report or administrative discovery, will be suspended with no opportunity for a reduced suspension. 

 

3.          A student who has been declared ineligible for participation in co-curricular activities by another school district who then enrolls in the Decorah Community School District shall be ineligible for participation in co-curricular activities in the Decorah District for the balance of the period of ineligibility as if the student were still enrolled in the former district, except that the student shall generally be allowed to participate in practices regardless of the former district’s policy on practices during periods of ineligibility.  The student may file a written request with the building principal to have the term of ineligibility imposed by the former district reconsidered.  The administration may shorten the period of ineligibility if it is determined that the student would have received a shorter period of ineligibility if the student had been enrolled at Decorah at the time the ineligibility was imposed by the former district.  The number of periods of ineligibility imposed by former districts shall be considered when imposing sanctions for a violation of Board Policy 503.6 of the Decorah Conduct Standards after enrollment in the Decorah Community School District (e.g., if the student had one period of ineligibility during that calendar year prior to enrolling in Decorah, a violation of the Decorah Conduct Standards shall be treated as a second offense). 

 

4.          If a student violates the Conduct Standards at a time when he or she is ineligible to participate in co-curricular activities by virtue of a prior violation, the period of ineligibility for such subsequent violation shall commence after the period of ineligibility for all prior violations.  Individuals that are academically ineligible will not serve their suspension until regaining their academic eligibility. 

 

5.          The administration shall have the authority to exercise reasonable discretion in the interpretation and administration of this Policy.

           

E.   ADMINISTRATION OF THE SANCTIONS

1.          Eligibility requirements begin at the conclusion of the 8^th grade school year and end at the end of the summer following graduation.

2.          Violations of the Conduct Standards are cumulative.

3.          The Standards of Conduct shall be in force twelve (12) months a year, on and off school property.

4.          A student found in violation of the Conduct Standards who is required to be ineligible for a public performance that is graded, will be given the opportunity to complete an alternative assignment.  This assignment will be created by the coach/sponsor and will allow the student to earn full credit for the performance missed. 

5.          When determining the number of contests and/or public performances to be missed, the administration will round off fractions to the nearest whole number using the standard rules for rounding numbers.  Any student found in violation of the District’s Substance Use/Abuse Policy on school grounds and/or at a school activity will not have the opportunity to receive the benefit of the self-reporting according to the conduct standards.

6.          Students must continue to participate in the activity from which they have been suspended for the length of the suspension.  Failure to do so will result in the suspension being carried over to the next activity.  Students must continue to practice with the team and meet the expectations of the coach/sponsor relative to all other participants during the suspension.  Students will not, however, be allowed to dress and/or perform for competition and/or public performance. 

7.          Students unable to serve their suspension completely in one activity due to the end of that activity will have their suspension pro-rated in a consistent manner between activities. If a period of ineligibility extends beyond the regular season, ineligibility will extend to include tournament contests until the period of ineligibility is satisfied. 

8.          Students found in violation of the Policy may not register for a new activity after the state mandated/district defined start date to avoid penalty at a later time from another activity. 

9.          Students involved in multiple activities will serve their suspension concurrently.  For instance, a student involved in Basketball and Jazz Band will serve the suspension in both activities.  No student will be permitted to participate in one activity while serving a suspension in another for a violation of the Conduct Standards. 

10.        If the student is currently not participating in an activity, the student will be ineligible in the next related activity in which he/she participates.  Any student not involved for twelve (12) months in an activity would be eligible.  If a student enters an activity in which he/she has not previously participated and begins and/or continues a period of ineligibility, the student must participate at a level expected of all other participants.  If the student does not faithfully participate at a level deemed appropriate by the coach/sponsor and administration, the coach/sponsor and administration shall have the authority to suspend the student from the activity involved.  If a student does not satisfactorily complete the activity, he/she will be deemed to be ineligible with the same penalty applied to the next activity in which the student chooses to participate. 

 

F.          APPENDIX

                          for more information, please see Appendix 1 and 2, attached to the Policy.

Date of Review:  October 14, 2019

 

Date of Revision: October 14, 2019

Legal References: Chapter 279.8 Code of Iowa

 

01643817

To verify the reading and understanding of the preceding Standards for Participation and Eligibility in Co-Curricular Activities, the following statement must be signed by students and their parent or guardian.

 

DECORAH COMMUNITY SCHOOL DISTRICT

I am aware that there are standards for participation in and eligibility for co-curricular activities in the Decorah Community School District.  In the event that I participate in any co-curricular activity, I understand the responsibilities, the expectations of me, and the implications for any violations of those responsibilities and expectations.

 

DATE                                                                                                            

 

SIGNED                                                                                                        

(STUDENT)

 

SIGNED                                                                                                        

(PARENT OR GUARDIAN)

 

Appendix 1

Situational Examples. 

• Student A is a football player and fails a class first semester.  Student A only participates in football. Student A is academically ineligible for the first thirty (30) calendar days of the fall from the first legal playing date.  (Athletic Eligibility Rule) 
• Student B (11th grade student) is a Football player and fails a class first semester.  Student B has never participated in track before in high school.  Student B goes out for track and will be ineligible for the first thirty (30) calendar days from the Monday of the week of the first competition in track.  Student B will be eligible for the first competition in football the next fall.  (Athletic Eligibility and Decorah Rule). 
• Student C is a Girls Basketball Player and is in Madrigal Singers and fails a first semester course.  Student C is ineligible for the first thirty (30) calendar days of Basketball in the 2nd Semester (Athletic Eligibility Rule) and the first thirty (30) calendar days of Madrigal Singers (State Music Rule). 
• Student D is a Girls Basketball Player and in the Fall Drama Production.  Student D fails a first semester course.  Student D is ineligible for the first thirty (30) calendar days of Basketball in the 2^nd Semester (Athletic Eligibility Rule) and the first thirty (30) calendar days of public performance in Drama Activities (Decorah Rule). 
• Student E is a Cheerleader and in Jazz Band and fails a first semester course.  Student E is ineligible for the thirty (30) calendar days of Cheerleading in the winter (Decorah Rule) and for all Jazz Band activities not associated with a grade for thirty (30) calendar days (State Music Rule). 
• Student F is a Winter Cheerleader, Softball Player, and in Band and fails a course second semester.  Student F is ineligible for Softball for thirty (30) calendar days from the date report cards are sent out (Athletic Eligibility Rule).  She will be eligible for winter cheerleading and band once she serves her ineligibility in softball and finishes in good standing. 
• Student G is a member of the Concert Choir and Boys Soccer team and fails a class first semester.  Student G is ineligible for the first thirty (30) calendar days of Concert Choir (State Music Rule, Decorah Rule) and the first thirty (30) calendar days of Boys Soccer (Athletic Eligibility Rule). 
• Student H is a member of the Football team.  Student H passes only two courses in the second semester.  Student H is ineligible for thirty (30) calendar days in the fall (Athletic Eligibility Rule). 
• Student I participates in Girls Soccer and Girls Golf and fails a class first semester.  Student I is ineligible for the first thirty (30) calendar days of the Girls Soccer and Golf season from the first date of competition of the sport with the first competition date (Athletic Eligibility Rule). 

A complete explanation of the new guidelines may be viewed in the high school office.                                                                                

Academic Eligibility Requirements

Time Period	Requirement
1st Quarter Midterm	Study Table
1st Quarter	Study Table
2nd Quarter Midterm	Study Table
1st Semester	30 Calendar Days
3rd Quarter Midterm	Study Table
3rd Quarter	Study Table
4th Quarter	Study Table
2nd Semester	30 Calendar Days

Appendix 2

1^st Offense

	Period of Ineligibility	Counseling
Self-Report	1/6 of Activity	Recommended
Administrative Discovery	1/3 of Activity	Recommended

 

2^nd Offense

	Period of Ineligibility	Counseling
Self-Report	1/2 of Activity	Required at Student/Family Expense
Administrative Discovery	1/2 of Activity	Required at Student/Family Expense

Upon successful completion of period of ineligibility and approved evaluation and counseling by the administration the student will regain his/her eligibility.  Student is responsible for all counseling costs. 

 

3^rd Offense and Subsequent Offenses

	Period of Ineligibility	Counseling
Self-Report	1 Calendar Year	Required at Student/Family Expense
Administrative Discovery	1 Calendar Year	Required at Student/Family Expense

Upon successful completion of period of ineligibility and approved evaluation and counseling by the administration the student will regain his/her eligibility.  Student is responsible for all counseling costs. 

 

The following are examples of what the penalty MIGHT be in a typical season (less post-season appearances), using the current defined contest limitations of the Iowa Girls High School Athletic Union and the Iowa High School Athletic Association, along with “typical” schedules for our Fine Arts Programs.  These are only sample suspension periods that may be modified by the Activities Director or his/her designee and the actual number of events will be calculated annually. 

 

Sanctions Examples

Activity	Dates / Games	First Offense w/ Self Report	First Offense w/ Administrative Discovery	Second Offense	Third Offense
Football	9 Games	2	3	5	1 Calendar Year
Volleyball	14	3	5	7	1 Calendar Year
Boys Cross Country	10	2	3	5	1 Calendar Year
Girls Cross Country	10	2	3	5	1 Calendar Year
Girls Swimming	12	2	4	6	1 Calendar Year
Boys Swimming	12	2	4	6	1 Calendar Year
Wrestling	15	3	5	8	1 Calendar Year
Boys Basketball	21 Games	4	7	11	1 Calendar Year
Girls Basketball	21 Games	4	7	11	1 Calendar Year
Boys Tennis	12	2	4	6	1 Calendar Year
Girls Tennis	12	2	4	6	1 Calendar Year
Boys Soccer	13	3	5	7	1 Calendar Year
Girls Soccer	13	3	5	7	1 Calendar Year
Boys Track	12	2	4	6	1 Calendar Year
Girls Track	12	2	4	6	1 Calendar Year
Boys Golf	12	2	4	6	1 Calendar Year
Girls Golf	12	2	4	6	1 Calendar Year
Baseball	40 Games	7	14	20	1 Calendar Year
Softball	40 Games	7	14	20	1 Calendar Year
Cheerleading*	Season Specific	TBD	TBD	TBD	1 Calendar Year
Band	TBD	4	8	12	1 Calendar Year
Vocal	TBD	4	8	12	1 Calendar Year
Orchestra	TBD	4	8	12	1 Calendar Year
Speech & Drama	8	1	2	4	1 Calendar Year
FFA	8	1	2	4	1 Calendar Year
Clubs	TBD	TBD	TBD	TBD	1 Calendar Year

 

*Cheerleading will be handled relative to the season in which the student is participating.

 

Non-Graded Music Activities

Band	Vocal	Orchestra
UNI All-State Workshop	OPUS Honor Choir	Homecoming Coronation
All-State Auditions	Homecoming Coronation Singers	All-State Workshop
All-State Festival	UNI Honor Choir	Harvest Moon Dinner
NEIBA Honor Band	All-State Workshop	All-State Auditions
UNI Honor Band	All-State Auditions	Junior Honors Festival
Dorian Honor Band	All-State Festival	All-State Festival
NEIC Honor Festival	December Nursing Home Performance	Madrigal Dinner
Madrigal Dinner	Madrigal Nursing Home Performance	NEIC Music Festival
State Jazz Festival	Madrigal Dinner	Dorian Orchestra Festival
UNI Tallcorn Jazz Festival	Dorian Vocal Festival	Chamber Orchestra Concert
Jazz Coffeehouse	NEIC Music Festival	Kennedy Honors Orchestra
Talent Showcase	Jazz Singers Concert	Talent Showcase
10 Pep Band Appearances	Iowa State University Honor Choir	Orchestra Trip to UW-LaCrosse
Various Community Activities	Solo and Ensemble Clinic at DHS	National Honor Society Inductions
	State Solo and Ensemble Music Festival (Non-Graded for 2 of 3 Choirs)	Various Community Activities
	Spring Nursing Home Performance
	Various Community Activities

Code No. 503.7

INITIATIONS

Initiations into school approved organizations and clubs shall be conducted in such a manner as to have educational value to those involved.  Ceremonies shall be dignified and shall in no way have a degrading effect upon initiates.  Plans for all initiations are to be approved by the building administrator.

Hazing of students by staff and/or students is specifically prohibited.  This includes any formal or informal attempts to force students to undergo ridiculous, humiliating or painful ordeals which may endanger the physical or mental health or safety of a student.

 

 

Date of Last Review:  October 14, 2019

Date of Revision: July 15, 2013

Legal References:   279.8, 708.10, Code of Iowa

00959306

DECORAH COMMUNITY SCHOOL BOARD OF DIRECTORS

Code No. 503.8

Page 1 of 2

 

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.  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 any of the following which are not considered corporal punishment:

 

·       Using reasonable and necessary force, not designed or intended to cause pain, in order to accomplish any of the following:

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

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

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

-- For the protection of property as provided for in Iowa Code section 704.4or 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 purposes for which the device was designed and, if applicable, prescribed, 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 psychological injury;

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

 

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

 

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

 

 

Code No. 503.8

Page 1 of 2

 

Date of Review:  January 11, 2021

 

Date of Revision:   January 11, 2021

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            503.9 Physical Restraint and Seclusion

 

 

 

Code No. 503.9

Page 1 of 2

 

PHYSICAL RESTRAINT AND SECLUSION OF STUDENTS

 

It is the goal of the district that all students can learn and grow in a safe and peaceful environment that nurtures the student and models respect for oneself and others.  On occasion, trained district employees and others may have to use behavior management interventions, physical restraint and/or seclusion of students.  The goal of these interventions is to promote the dignity, care, safety, welfare and security of each child and the school community.  With this objective in mind, the district will prioritize the use of the least restrictive behavioral interventions appropriate for the situation.

Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student’s arms, legs, body, or head freely.  Physical restraint does not mean a technique used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which the technique was designed and, if applicable, prescribed.  Physical restraint does not include instructional strategies, such as physically guiding a student during an educational task, hand-shaking, hugging, or other non-disciplinary physical contact. 

Seclusion means the involuntary confinement of a child in a seclusion room or area from which the child is prevented or prohibited from leaving; however, preventing a child from leaving a classroom or school building are not considered seclusion.  Seclusion does not include instances when a school employee is present within the room and providing services to the child, such as crisis intervention or instruction. 

Physical restraint or seclusion is reasonable or necessary only:

·       To prevent or terminate an imminent threat of bodily injury to the student or others; or

·       To prevent serious damage to property of significant monetary value or significant nonmonetary value or importance; or

·       When the student’s actions seriously disrupt the learning environment or when physical restraint or seclusion is necessary to ensure the safety of the student or others; and

·       When less restrictive alternatives to seclusion or physical restraint would not be effective, would not be feasible under the circumstances, or have failed in preventing or terminating the imminent threat or behavior; and

·       When the physical restraint or seclusion complies with all applicable laws.

Prior to using physical restraint or seclusion, employees must receive training in accordance with the law.  Any individual who is not employed by the district but whose duties could require the individual to use or be present during the use of physical restraint or seclusion on a student will be invited to participate in the same training offered to employees on this topic. 

When required by law, the superintendent or the superintendent’s designee will ensure a post-occurrence debriefing meeting is held, maintain documentation and fulfill all reporting requirements for each occurrence of physical restraint or seclusion as required by law. 

   

 

  Code No. 503.9

Page 2 of 2

Date of Review:  January 11, 2021

Date of Revision: January 11, 2021

Legal Reference: Iowa Code §§ 279.8; 280.21. 281 I.A.C. 103.   Cross Reference: 402.3 Abuse of Students by School District Employees 502 Student Rights and Responsibilities 503 Student Discipline 503.8  Corporal Punishment

 

Code No. 503.9R1

Page 1 of 2

 

USE OF PHYSICAL RESTRAINT AND SECLUSION WITH STUDENTS

 

 

The District will comply with 281 Iowa Administrative Code Ch. 103 for the use of physical restraint and seclusion with students, including, but not limited to:

 

·       Physical restraint and seclusion will be used only by employees who have been trained in accordance with applicable law unless a trained employee is not immediately available due to the unforeseeable nature of the occurrence.

·       As soon as practical after the situation is under control, but within one hour after either the occurrence or the end of the school day, whichever occurs first, the school will attempt to contact the student’s parent or guardian using the school’s emergency contact system.

·       The seclusion or physical restraint is used only for as long as necessary based on research and evidence to allow the student to regain control of their behavior to the point that the threat or behavior necessitating the use of the seclusion or physical restraint has ended, or when a medical condition occurs that puts the student at risk of harm.  Unless otherwise provided for in the student’s written approved IEP, BIP, IHP or safety plan, if the seclusion or physical restraint continues for more than 15 minutes:

·       The student will be provided with any necessary breaks to attend to personal and bodily needs, unless doing so would endanger the child or others.

·       An employee will obtain approval from an administrator or administrator’s designee to continue seclusion or physical restraint beyond 15 minutes.  After the initial approval, an employee must obtain additional approval every 30 minutes thereafter for the continuation of the seclusion or physical restraint.

·       The student’s parent or guardian and the school may agree to more frequent notifications than is required by law.

·       Schools and district employees must document and explain in writing the reasons why it was not possible for the employees to obtain approval, notify parents, or take action within prescribed time limits.

·       Schools and district employees who begin and then end use of nonapproved restraints will document and explain in writing the reasons why they had no other option but to use this type of behavioral intervention.

·       The area of seclusion will be a designated seclusion room that complies with the seclusion room requirements in accordance with law, unless the nature of the occurrence makes the use of the designated seclusion room impossible, clearly impractical, or clearly contrary to the safety of the student, others, or both; in that event, the school must document and explain in writing the reasons why a designated seclusion room was not used.

·       An employee must continually visually monitor the student for the duration of the seclusion or physical restraint.

·       If an employee restrains a student who uses sign language or an augmented mode of communication as the student’s primary mode of communication, the student shall be permitted to have the student’s hands free of physical restraint, unless doing so is not feasible in view of the threat posed.

 

 

 

 

 

 

Code No. 503.9R1

Page 2 of 2

 

 

·       Seclusion or physical restraint shall not be used:  as punishment or discipline; to force compliance or to retaliate; as a substitute for appropriate educational or behavioral support; to prevent property damage except as provided in law; as a routine school safety measure; or as a convenience to staff.

·       The Superintendent or the Superintendent’s designee will investigate any complaint or allegation that one or more employees violated any provisions of 281 Iowa Administrative Code Ch. 103.  If the District determines a violation has occurred, corrective action will be taken up to and including termination of the employees involved.  If the allegation or complaint involves a specific student the District will notify the parents or guardian of the involved student about the results of the investigation.  If any allegation or complaint is also defined as abuse in 281 Iowa Administrative Code 102.2, the procedures listed in chapter 102 will apply.

·       The District must comply with and implement Chapter 103 whether or not a parent consents to the use of physical restraint or seclusion.

  

 

Exhibit 503.9E1

USE OF PHYSICAL RESTRAINT AND/OR SECLUSION DOCUMENTATION FORM

 

Student name:			Date of occurrence:
Start time of occurrence:	End time of occurrence:
Start time of use of physical restraint or seclusion:	End time of use of physical restraint or seclusion:
Employee names and titles who observed, were involved with or implemented physical restraint and/or seclusion during occurrence (including administrators who approved extended time if applicable):				Employee’s date of last training on use of physical restraint and seclusion:
Describe student actions before, during and after occurrence:
Describe employee actions before, during and after occurrence, including the reason for any of the following, if applicable:  use of non-approved restraint, use of non-designated seclusion rooms, any restraint or seclusion that lasted longer than necessary:
Describe any less restrictive means attempted as an alternative to physical restraint and seclusion or why those means would not be effective or feasible, or have failed:
Approval from administrator to continue physical restraint or seclusion past 15 minutes:		Approval obtained from administrator to continue physical restraint or seclusion more than 30 minutes past last approval time:
Administrator approving:		Administrator approving:
Time approved:		Time approved:
Reasons for length of incident:		Reasons for length of incident:
If Administrator approval was not obtained at 15 minutes or every 30 minutes thereafter, or a student was not provided with breaks for bodily needs in incidents lasting longer than 15 minutes, explain why:
Parent/Guardian notification:  Parents/Guardians will be notified as soon as practicable once the occurrence is under control, but no more than one hour after, or the end of the school day, whichever occurs first. Space below for documenting multiple attempts to notify guardians is listed in case the guardian cannot be reached in the first attempt.
Employee attempting notification:	Parent/Guardian contacted:			Time and manner of attempted notification:	Was notification successful?
Employee attempting notification:	Parent/Guardian contacted:			Time and manner of attempted notification:	Was notification successful?
Employee attempting notification:	Parent/Guardian contacted:			Time and manner of attempted notification:	Was notification successful?
If Parent/Guardian notification requirements were not complied with, explain why:
Describe injuries sustained or property damaged by students or employees:
Describe future approaches to address student behavior including any consequences or disciplinary actions that may be imposed on the student:

This form has been reviewed and completed by the undersigned employee.  A written copy of this form has been sent to the student’s parent or guardian within three school days of the occurrence.  Unless the parent or guardian agrees to receive the report by email, fax, or hand delivery, the report must be sent by mail and postmarked by the third day following the occurrence.  Enclosed with a copy of this form is an invitation for the parents or guardians to participate in the debriefing meeting scheduled in accordance with the law. 

____________________________________  ______________________________

Employee                                                          Date of form delivered to Parent/Guardian

 

_______________________________

Method of Transmittal

 

 

Exhibit 503.9E2

DEBRIEFING LETTER TO GUARDIAN OF STUDENT INVOLVED IN AN OCCURRENCE WHERE PHYSICAL RESTRAINT AND/OR SECLUSION WAS USED

This letter and the enclosed report may be transmitted electronically via email or fax, picked up in person, or mailed.  If the district and the guardian do not agree on how to transmit this letter, it must be mailed via postage prepaid, first class mail to the guardian within 3 school days of the occurrence.

Dear [Guardian],

Recently, your student [name] was involved in an occurrence at school that required the physical restraint and/or seclusion of your student as defined by 281 Iowa Administrative Code Ch. 103.  A report related to this occurrence is enclosed with this letter. 

The law requires debriefing meetings be held for such occurrences in the following circumstances:

·       following the first instance of seclusion or physical restraint during a school year;

·       When any personal injury occurs as a part of the use of seclusion or physical restraint;

·       When a reasonable educator would determine a debriefing session is necessary;

·       When suggested by a student’s IEP team;

·       When agreed to by the guardian and school officials; and

·       After seven instances of seclusion or physical restraint of the student.

This letter is intended to inform you that a debriefing meeting will be held on [date within 5 days of transmission of letter, time, place] because of [reason from bulleted list above].  The following employees will be in attendance at this meeting:  [list names and titles of employees].  We are inviting you to attend this debriefing meeting to engage with us on topics related to this occurrence. 

If you would like to reschedule the debriefing meeting, please contact me as soon as possible via email [email address] or telephone [telephone number], and at least one school day prior to the date and time listed for this debriefing meeting.  Your student is allowed to attend this meeting with your consent, and you are welcome to bring a representative of your choosing if you wish.  If you plan to bring a representative to this meeting, please let us know at least one school day prior to the meeting so that we have an opportunity to make arrangements.

We look forward to working with you to foster the continued health, safety and educational growth of your student.

___________________________________  ___________________________

[Administrator name], title                               Date

Enclosure:  Report related to student occurrence

Exhibit 503.9E3

DEBRIEFING MEETING DOCUMENT

 

 

The following individuals must attend the debriefing meeting: employees who administered physical restraint or seclusion; an administrator or employee not involved in the occurrence; the administrator or employee who approved continuation of the physical restraint or seclusion; other relevant personnel designated by the school; if indicated by student’s behavior in occurrence, an expert in behavioral/mental health or other discipline.  The following individuals must be invited to attend the debriefing meeting:  the parent or guardian of the student, the student with guardian’s consent.

 

Student name:	Date of occurrence:
Date of debriefing meeting:	Time of debriefing meeting:
Location of debriefing meeting:
Names of individuals attending the debriefing meeting (must include the employees involved and at least one employee who was not involved):	Job title of employee and/or relation to student:
Documentation reviewed during meeting (must include at least the occurrence report; and BIP, IHP, IEP and/or safety plan if applicable):
Identification of patterns of behavior and proportionate response, if any, in the student and employees involved:
Possible alternative responses, if any, to the incident/less restrictive means, if any:
Additional resources, if any, that could facilitate those alternative responses in the future:
Plans for additional follow up actions, if any:

  

This form has been reviewed and completed by the undersigned employee.  A written copy of this form has been sent to the student’s guardian within three school days of the debriefing meeting. 

 

 

____________________________________  ______________________________

Employee                                                          Date of delivered to Parent/Guardian

______________________________

Method of Transmittal