503 - Student Discipline

503 - Student Discipline dawn.gibson.cm… Fri, 10/15/2021 - 15:33

503.1 - 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; while attending or engaged in school district activities will be suspended by the principal. Notice of the suspension is sent to the board president.
The board will review the suspension to determine whether to impose further sanctions against the student which may include expulsion. Assault for purposes of this section of
this policy is defined as:

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

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

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

The act is not an assault when the person doing any of the above and 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.

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

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

Following the suspension of a special education student, an informal evaluation of the student's placement will take place. The Individual Education Program (IEP) is evaluated
to determine whether it needs to be changed or modified in response to the behavior that led to the suspension.

If a special education student's suspensions, either in or out of school, equal ten days on a cumulative basis, a staffing team will meet to determine whether the IEP is appropriate.

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

NOTE: This is a mandatory policy and outlines the school district's basic student conduct. Details of how this policy will be implemented should be included in the student
handbook. The paragraph regarding assault of school district employees is Iowa law.

Legal Reference: No Child Left Behind, Title IV, Sec. 4115, P.L. 107-110 (2002).
                                     Goss v. Lopez, 419 U.S. 565 (1975).
                                     Brands v. Sheldon Community School District, 671 F. Supp. 627 (N.D. Iowa 1987).
                                     Sims v. Colfax Comm. School 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; 282.4, .5; 708.1 (2007).

Cross Reference: 501       Student Attendance
                                     502       Student Rights and Responsibilities
                                     504       Student Activities
                                     603.3    Special Education
                                     904.5    Distribution of Materials

Approved     4-20-2009
Reviewed    7-20-2015
Revised    7-20-2015

dawn.gibson.cm… Fri, 10/15/2021 - 15:44

503.1R1 - Student Suspension

Administrative Action

A. Probation

1. Probation is conditional suspension of a penalty for a set period of time. Probation may be imposed by the principal for infractions of school rules which do not
warrant the necessity of removal from school.

2. The principal will conduct an investigation of the allegations against the student prior to imposition of probation. The investigation will include, but not be limited to,
written or oral notice to the student of the allegations against the student and an opportunity to respond. Written notice and reasons for the probation will be sent to
the parents.

B. In-School Suspension

1. In-school suspension is the temporary isolation of a student from one or more classes while under administrative supervision. In-school suspensions may be imposed
by the principal for infractions of school rules which are serious but which do not warrant the necessity of removal from school.

2. The principal will conduct an investigation of the allegations against the student prior to imposition of an in-school suspension. The investigation will include, but not
be limited to, written or oral notice to the student of the allegations against the student and an opportunity to respond. In-school suspension will not be imposed for
more than ten school days. Written notice and reasons for the in-school suspension will be sent to the student's parent/guardian.

C. Out-of-School Suspension

1. Out-of-school suspension is the removal of a student from the school environment for periods of short duration. Out-of-school suspension is to be used when other
available school resources are unable to constructively remedy student misconduct.

2. A student may be suspended out of school for up to ten school days by a principal for a commission of gross or repeated infractions of school rules, regulations, policy
or the law, or when the presence of the student will cause interference with the maintenance of the educational environment or the operation of the school. The
principal may suspend students after conducting an investigation of the charges against the student, giving the student:

a. Oral or written notice of the allegations against the student and

b. The opportunity to respond to those charges.

At the principal's discretion, the student may be allowed to confront witnesses against the student or present witnesses on behalf of the student.

3. Notice of the out-of-school suspension will be mailed no later than the end of the school day following the suspension to the student's parents and the superintendent.
A reasonable effort is made to personally notify the student's parents and such effort is documented by the person making or attempting to make the contact. Written
notice to the parents will include the circumstances which led to the suspension and a copy of the board policy and rules pertaining to the suspension.

D. Suspensions and Special Education Students

1. Students who have been identified as special education students may be referred for a review of the student's Individual Education Program (IEP). The IEP may be
revised to include a continuum of intervention strategies and programming to change the behavior.

2. Students who have not been identified as special education students may be referred for evaluation after the student's suspension to determine whether the student has
a disability and is in need of special education.

dawn.gibson.cm… Fri, 10/15/2021 - 15:50

503.2 - Expulsion

Only the board may remove a student from the school environment. The removal of a student from the school environment, which includes, but is not limited to, classes and
activities, is an expulsion from school.

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

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

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

1. Notice of the reasons for the proposed expulsion;

2. The names of the witnesses and an oral or written report on the facts to which each witness testifies unless the witnesses are students whose names may be released
at the discretion of the superintendent;

3. An opportunity to present a defense against the charges and provide either oral testimony or written affidavits of witnesses on the student's behalf;

4. The right to be represented by counsel; and,

5. The results and finding of the board in writing open to the student's inspection.

In addition to these procedures, a special education student must be provided with additional procedures. A determination should be made of whether the student is actually
guilty of the misconduct. A staffing team should determine whether the student's behavior is caused by the student's disability and whether the conduct is the result of
inappropriate placement. Discussions and conclusions of this meeting should be recorded.

If the special education student's conduct is not caused by the disability, the student may be expelled or suspended for a long-term period following written notice to the parent
and pursuant to the school district's expulsion hearing procedures. If the misconduct is caused by the disability and a change in placement is recommended, the change must be
made pursuant to the placement procedures used by the school district.

NOTE: This is a mandatory policy and is a reflection of Iowa law regarding student expulsion. It is consistent with the due process requirements of the 14th amendment to the
U.S. Constitution. The last two paragraphs reflect federal special education law.

Legal Reference:  Goss v. Lopez, 419 U.S. 565 (1975).
                                     Wood v. Strickland, 420 U.S. 308 (1975).
                                     Southeast Warren Comm. School District v. Dept. of Public Instruction, 285
                                       N.W.2d 173 (Iowa 1979).
                                     Iowa Code §§ 21.5; 282.3, .4, .5 (2007).
                                     281 I.A.C. 12.3(6).

Cross Reference: 502 Student Rights and Responsibilities
503 Student Discipline

Approved    2-15-2010
Reviewed     7-20-2015
Revised

dawn.gibson.cm… Fri, 10/15/2021 - 15:43

503.3 - Fines and Fees

The board believes students should respect school district property and assist in its preservation for future use by others. Students may be assessed fines, charges, or fees for
the materials needed in a course, for overdue school materials, for participating in activities, or for misuse of school property.

The superintendent will inform the board of the dollar amount to be charged to students or others for fines, charges, or fees annually. Parents of students meeting specific
financial eligibility standards will be eligible for a waiver of student fees or a reduction of student fees based upon the request of the parent. It is the responsibility of the
superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.

Legal Reference: Iowa Code §§ 256.7(20); 279.8; 280.10, .11; 282.6; 285.1; 301.1 (2007).
                                     281 I.A.C. 18.
                                     1994 Op. Att'y Gen. 23.
                                     1990 Op. Att'y Gen. 79.
                                     1982 Op. Att'y Gen. 227.
                                     1980 Op. Att'y Gen. 532.

Cross Reference: 501.17 Homeless Children & Youth
502 Student Rights and Responsibilities
503 Student Discipline

Approved   2-15-2010
Reviewed    7-20-2015
Revised

dawn.gibson.cm… Fri, 10/15/2021 - 15:39

503.3E1 - Fee Waiver

Date_____________________________ School year_____________

Name of student(s):____________________________ Grade in school __________

____________________________ __________

To be eligible for FULL WAIVER, you or your child must meet one or more of the following guidelines:

Free meals offered under the Child Nutrition Program
The Family Investment Program (FIP)
Supplemental Security Income (SSI)
Transportation assistance under open enrollment
Foster Child

To be eligible for PARTIAL WAIVER, you must meet the following criteria:

Reduced –priced meals offered under the Child Nutrition Program

Please circle the type of waiver that you believe you are eligible to receive:

Full Waiver Partial Waiver

If you child(ren) qualifies for free or reduced price meals, you may also be eligible for other benefits. Some of these benefits are Book Rent, Computer Rent, Accounting
I and II, Vocal Text Fee/Sr. High, Cleaning Fee/Band/Sr. high, Music Text Fee 5-8, Driver Education and CPR 9^th grade. If you sign this waiver, your child(ren) will be
considered for a full or partial waiver of Book rent, Computer Rent, Accounting I and II, Vocal/Text Fee/Sr. high, Cleaning Fee Band High, Music Text Fee 5-8, Driver’s
Education and CPR 9th grade. I understand that I will be releasing information that will show that I applied for free and reduced price school meals for my child(ren). I
give up my rights to confidentiality for waiver of school fees ONLY.

I certify that I am the parent/guardian of the child(ren) for whom application is being made.

Signature of parent, guardian:_____________________________________________________________
or legal or actual custodian

YOU DO NOT HAVE TO COMPLETE THIS WAIVER TO GET FREE OR REDUCED PRICE SCHOOL MEALS, BUT DO NEED TO COMPLETE IN ORDER
TO RECEIVE FREE OR REDUCED PRICE ON SCHOOL FEES.

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

dawn.gibson.cm… Fri, 10/15/2021 - 15:41

503.3R1 - Fee Waiver Procedures

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

A. Waivers -

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

2. Partial Waivers - a student will be granted a partial waiver of fees charged by the school district if the student or the student's parents meet the financial
eligibility criteria for reduced price meals offered under the Child Nutrition program. A partial waiver is based on the same percentage as the reduced price
meals.

The reduction percentage will be 40 percent.

3. Temporary Waivers - a student may be eligible for a temporary waiver of fees charged by the district in the event the student's parents are facing financial
difficulty. Temporary waivers may be applied for at any time throughout the school year and will not extend beyond the end of the school year.

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

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

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

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

F. Notice - the school district will annually notify parents and students of the waiver. The following information will be included in registration materials.

Students whose families meet the income guidelines for free and reduced price lunch, the Family Investment Program (FIP), or transportation assistance under open enrollment,
or who are in foster care are eligible to have their student fees waived or partially waived. Students whose families are experiencing a temporary financial difficulty may be
eligible for a temporary waiver of student fees. Parents or students who believe they may qualify for temporary financial hardship should contact the superintendent's office for
a waiver form. This waiver does not carry over from year to year and must be completed annually.

dawn.gibson.cm… Fri, 10/15/2021 - 15:40

503.4 - Good Conduct Rule

Participation in school activities is a privilege. School activities provide the benefits of promoting additional interests and abilities in the students during their school years and
for their lifetimes.

Students who participate in extracurricular activities serve as ambassadors of the school district throughout the calendar year, whether away from school or at school. Students
who wish to have the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities which are
illegal, immoral or unhealthy.

Students who fail to abide by this policy and the administrative regulations supporting it may be subject to disciplinary measures. The principal will keep records of violations
of the good conduct rule.

It is the responsibility of the superintendent to develop rules and regulations for school activities. Students wanting to participate in school activities must meet the
requirements set out by the school district for participation in the activity.

NOTE: This is a mandatory policy. The detail outlining specific conduct expected and penalties for violation should be in the student handbook, and students involved in
extracurricular activities must be notified of its contents.

Legal Reference:  Bunger v. Iowa High School Athletic Assn., 197 N.W.2d 555 (Iowa 1972).
     In re Jason Clark, 1 D.P.I. App. Dec. 167 (1978).
                                     Iowa Code §§ 280.13, .13A (2007).
                                     281 I.A.C. 12.3(6); 36.15(1).

Cross Reference: 502       Student Rights and Responsibilities
                                     503       Student Discipline
                                     504       Student Activities

Approved   2-15-2010
Reviewed     7-20-2015
Revised

dawn.gibson.cm… Fri, 10/15/2021 - 15:35

503.4A - Good Conduct Rule for Transfer Students

If a student transferring into the North Mahaska Community Schools was serving or was to serve a suspension from activities at the school from which they were transferring,
they will serve the same period of suspension from activities at North Mahaska.

Any student whose habits and/or conduct were such as to make them unworthy to represent the ideals, principals and standards of the student's previous school, will be
declared ineligible by the principal or superintendent, after consulting with the administration from the school district from which they are transferring.

Students found to be ineligible under this policy will be excluded from participation in extra-curricular activities until reinstated by the school administration. They will be
entitled to contest this declaration of ineligibility under the "due process" provision as provided by the State Law of Iowa and board policy. However, if this due process
provision was provided at their previous school of attendance for this violation, this section shall be void, and the student will be declared ineligible immediately upon
enrollment.

Such eligibility rules shall apply to all extra-curricular activities, and shall cover all participating students for conduct both in and out of school during the school year and
while engaged in a summer activity sponsored by and directed by the school.

Legal Reference: Code of Iowa Chapter 280.13, 280.14

Cross Reference: 502       Student Rights and Responsibilities
                                     503       Student Discipline
                                     504       Student Activities

Approved   2-15-2010
Reviewed    7-20-2015
Revised

dawn.gibson.cm… Fri, 10/15/2021 - 15:37

503.5 - Corporal Punishment

Corporal punishment is defined as the intentional physical punishment of a student and is prohibited. It includes the use of unreasonable or unnecessary physical force or
physical contact made with the intent to harm or cause pain. No employee is prohibited from:

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

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

-- To obtain possession of a weapon or other dangerous object within a pupil'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 704.4 or 704.5.

-- To remove a disruptive pupil 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.

Reasonable physical 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;

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.

NOTE: A corporal punishment policy is no longer mandated. A policy addressing physical restraint of a student, however, is still mandated. This policy outlines when it may be
appropriate for an employee to physically restrain a student.

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).
   Lai v. Erickson, PTPC Admin. Doc. 83-12 (1983).
                                      Iowa Code §§ 279.8; 280.21 (2007).
                                      281 I.A.C. 12.3(8); 103.
   1980 Op. Att'y Gen. 275.

Cross Reference: 402.3    Abuse of Students by School District Employees
   502       Student Rights and Responsibilities
   503       Student Discipline

Approved    2-15-2010
Reviewed    7-20-2015
Revised

dawn.gibson.cm… Fri, 10/15/2021 - 15:33