The Schleswig Community School District believes all students should have access to a free, appropriate public education. The district will ensure that homeless children and youth have equal access to the same free, appropriate public education as other children and youth.
The term “homeless children and youth” means individuals who lack a fixed, regular, and adequate nighttime residence. The term includes:
⎯ Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason (sometimes referred to as “doubled up”);
⎯ Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations;
⎯ Living in emergency or transitional shelters; or
⎯ Abandoned in hospitals.
• Children and youth who have a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings;
• Children and youth who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; and
• Migratory children who qualify as homeless because they are living in circumstances described above.
To help ensure that homeless children and youth have a full opportunity to enroll, attend, and succeed at school, the board shall:
• Designate the District Equity Coordinator as the local homeless children and youth liaison;
• Provide training opportunities for staff so staff may help identify and meet the needs of homeless children and youth;
• Remove barriers, including those associated with fees, fines, and absences, to the identification, enrollment, retention, attendance and/or success in school for homeless children and youth;
• Ensure collaboration and coordination with other service providers;
• Ensure transportation is provided in accordance with legal requirements;
• Provide school stability in school assignment according to the child’s best interests;
• Ensure the privacy of student records, as provided by applicable law, including information about a homeless child or youth’s living situation;
• Engage in the dispute resolution process for decisions relating to the educational placement of homeless children and youth as provided by applicable law; and
• Prohibit the segregation of a homeless child or youth from other students enrolled in the district.
The superintendent may develop an administrative process or procedures to implement this policy.
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
Legal Reference: 20 U.S.C. § 6301.
42 U.S.C. § 11302.
42 U.S.C. §§ 11431 et seq.
281 I.A.C. 33.
Students will treat school district property with the care and the respect they would treat their own property. Students found to have destroyed or otherwise harmed school district property may be required to reimburse the school district. They may be subject to discipline under board policy and the school district rules and regulations. They may also be referred to local law enforcement authorities.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative rules regarding this policy.
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
Legal Reference: Iowa Code §§ 279.8; 282.4, .5; 613.16 (2013).
Student Expression
It is the goal of the district to protect the educational environment for all students to help ensure it is free from substantial disruption or infringement upon their rights. Student expression should be appropriate to help ensure that the students learn and meet the goals of the school activity and that the potential audience is not exposed to material that may be harmful or inappropriate for their level of maturity.
While students will generally be allowed to express their viewpoints and opinions, in certain qualifying circumstances, student speech may require administrative regulation to help ensure the safety and welfare of the school community. The district may regulate speech that: causes or is reasonably anticipated to cause a material and substantial disruption to the education environment; infringes upon the rights of others; is obscene or lewd; is school sponsored; and/or promotes illegal activity. The administration, when making this judgment, will consider whether the activity in which the expression was made is school-sponsored and whether review or prohibition of the students' speech furthers an educational purpose. The expression must be done in a reasonable time, place, and manner that is not disruptive to the orderly and efficient operation of the school district.
The school administration may develop procedures for safely addressing qualifying types of mass protests by students, including walk-ins and walk-outs. Walk-ins occur when students leave their learning environments during school hours and gather in a group or groups with the purpose of promoting a belief or beliefs. Walk-outs occur when students leave their learning environments during school hours and gather in a group or groups off district property with the purpose of promoting a belief or beliefs.
The District is encouraged to obtain feedback from community stakeholders in the development of these procedures. The goal of the procedures shall be to address student safety, maintain the education environment and promote communication during demonstrations while remaining viewpoint neutral.
Students who violate this policy may be subject to disciplinary measures. Employees are responsible for helping to ensure students' expression is in keeping with this policy. It is the responsibility of the superintendent or superintendent’s designee to develop administrative regulations regarding this policy.
Student Publications
Students may produce official school publications as part of the curriculum under the supervision of a faculty advisor and the principal. Official school publications include material produced in journalism, newspaper, yearbook, or writing classes and distributed to the student body either free or for a fee.
Any expression made by students, including student expression in official school publications, is not an expression of official school policy. The school district, the board, and the employees or officials are not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student speech or expression. The liability, if any, is only to the extent of the interference or alteration of the speech or expression.
Official school publications are free from prior restraint by employees or officials except as provided by law. A faculty advisor will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech. The production of official school publications is guided by the law and by the ethical standards adopted by professional associations or societies of journalism.
Persons, other than students, who believe they have been aggrieved by student expression in a student-produced official school publication will follow the grievance procedure outlined in board policy 213.1. Students who believe their freedom of expression in a student-produced official school publication has been restricted will follow the grievance procedure outlined in board policy 502.4.
The superintendent or superintendent’s designee is responsible for developing a student publications code. This code will include, but not be limited to, reasonable rules including time, place, and manner of restrictions. The superintendent or superintendent’s designee will also be responsible for distributing this policy and the student publications code to the students and their parents.
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
Legal Reference: U.S. Const. amend. I.
Iowa Const. art. I (sec. 7)
Morse v. Frederick, 551 U.S. 393 (2007)
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Bethel School District v. Fraser, 478 U.S. 675 (1986).
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Tinker v. Des Moines Ind. Comm. Sch. Dist., 393 U.S. 503 (1969).
Bystrom v. Fridley High School, 822 F.2d 747 (8th Cir. 1987).
Iowa Code §§ 279.8, .73; 280.22
A. Student Expression defined: Student Expression is speech, action or other forms of expression which convey a student’s beliefs, views or opinions.
B. Official school publications defined: An "official school publication" is material produced by students in journalism, newspaper, yearbook, or writing classes and distributed to students either free or for a fee.
C. Limitations to Student Expression.
1. No student will express, publish or distribute material which is:
a. obscene;
b. libelous;
c. slanderous; or
d. encourages students to:
1) commit unlawful acts;
2) violate lawful school regulations;
3) cause the material and substantial disruption of the orderly and efficient operation of the school or school activity;
4) disrupt or interfere with the education program;
5) interrupt the maintenance of a disciplined atmosphere; or
6) infringe on the rights of others.
D. Responsibilities of students for official school publications.
1. Students writing or editing official school publications will assign and edit the news, editorial and feature contents of the official school publications subject to the limitations of the student publications code and the law.
2. Students will strive to achieve professional standards of accuracy, fairness, objectivity and thoroughness in each and every aspect of official school publications.
3. Students will strive to achieve professional standards of grammar, usage, punctuation and spelling for clarity and accuracy of official school publications.
E. Responsibilities of faculty advisors for official school publications.
Faculty advisors will supervise student writers to maintain professional standards of English and journalism and to comply with the law including, but not limited to, the restrictions against unlawful speech. Official school publications are produced under the supervision of a faculty advisor. Faculty advisors to students producing official school publications shall supervise the production of the student staff in order to maintain professional standards of English journalism. District employees acting within the scope of their professional ethics will not suffer adverse employment action or retaliated against for acting to protect a student for engaging in authorized student expression or for refusing to infringe on protected student expression.
F. District employee rights
Any District employee or official, acting within the scope of that person’s professional ethics, if any, shall not be dismissed, suspended, disciplined, reassigned, transferred, subject to termination or
nonrenewal of a teaching contract or extracurricular contract, or otherwise retaliated against for acting to protect a student for engaging in expression protected by law, or refusing to infringe upon student expression that is protected by law.
G. Liability
Student expression, including student expression in an official school publication will not be deemed to be an expression of the school district. The school district, the board, and the employees or officials are not liable in any civil or criminal action for any student expression made or published by students unless the employees or officials have interfered with or altered the content of the student expression. The liability, if any, is only to the extent of interference or alteration of the speech or expression.
H. Appeal procedure.
1. Students who believe they have been unreasonably restricted in their exercise of expression in an official student publication will seek review of the decision through the student grievance procedure, under board policy 502.4.
2. Persons who believe they have been aggrieved by a student-produced official student publication will file their complaint through the citizen grievance procedure, under board policy 213.1.
I. Time, place and manner of restrictions on student expression.
1. Student expression may be conveyed and official student publications may be distributed in a reasonable manner on or off school premises.
2. Student expression and distribution of official school publications in a reasonable manner will not encourage students to:
a. commit unlawful acts;
b. violate school rules;
c. cause the material and substantial disruption of the orderly and efficient operation of the school district or school activity;
d. disrupt or interfere with the education program;
e. interrupt the maintenance of a disciplined atmosphere; or
f. infringe on the rights of others.
Code No. 502.4
STUDENT COMPLAINTS AND GRIEVANCES
Creating an environment where students feel comfortable addressing their concerns in a meaningful manner is vital to the learning process. It is the goal of the board to resolve student complaints at the lowest organizational level. Student complaints and grievances regarding board policy, or administrative regulations, or and other matters should first be addressed to the student's teacher or another licensed employee, other than the administration, for resolution of the complaint.
If the complaint cannot be resolved by a student’s teacher or other licensed employee within five (5) days of the event, the student may discuss the matter with the principal within five (5) days of the employee's decision. If the matter cannot be resolved by the principal, the student may discuss it with the superintendent within five (5) days after speaking with the principal.
If the matter is not satisfactorily resolved by the superintendent, the student, within three (3) days of the superintendent’s final decision, may ask to have the matter placed on the board agenda of a regularly scheduled board meeting in compliance with board policy. The board retrains discretion as to whether to consider or take action on any complaint.
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
Legal Reference: Iowa Code § 279.8
Date Board Updated/Reviewed: 12/19/2017
Legal Reference: Iowa Code § 279.8 (2013).
Student lockers are the property of the school district. Students will use the lockers assigned to them by the school district for storing their school materials and personal belongings necessary for attendance at school. It is the responsibility of students to keep their assigned lockers clean and undamaged.
To ensure students are properly maintaining their assigned lockers, school administration may periodically inspect all or a random selection of lockers. Either students or another individual will be present during the inspection of lockers. Student lockers may also be searched, at any time and without advance notice, in compliance with board policy regulating search and seizure.
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
Legal Reference: Iowa Code §§ 279.8; 280.14; 808A (2013).
The board believes weapons, other dangerous objects and look-a-likes in school district facilities cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees and visitors on the school district premises or property within the jurisdiction of the school district.
School district facilities are not an appropriate place for weapons, dangerous objects and look-a-likes. Weapons and other dangerous objects and look-a-likes will be taken from students and others who bring them onto the school district property or onto property within the jurisdiction of the school district or from students who are within the control of the school district.
Parents of students found to possess weapons, dangerous objects or look-a-likes on school property are notified of the incident. Possession or confiscation of weapons, dangerous objects or look-a-likes may be reported to law enforcement officials, and students will be subject to disciplinary action including suspension or expulsion.
Students bringing firearms to school or knowingly possessing firearms at school may be expelled for not less than one year. The superintendent has the authority to recommend this expulsion requirement be modified for students on a case-by-case basis. For purposes of this portion of this policy, the term "firearm" includes, but is not limited to, any weapon which is designed to expel a projectile by the action of an explosive, the frame or receiver of any such weapon, a muffler or silencer for such a weapon, any explosive, incendiary or poison gas, or otherwise defined by applicable law.
Weapons under the control of law enforcement officials or other individuals specifically authorized by the board are exempt from this policy. The superintendent may develop an administrative process or procedures to implement the policy.
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
Legal Reference: 18 U.S.C. § 921
Iowa Code §§ 279.8; 280.21B; 483A.27(11), 724
281 I.A.C. 12.3(6)
The board prohibits the distribution, dispensing, manufacture, possession, use, or being under the influence of beer, wine, alcohol, tobacco, other controlled substances, or "look alike" substances that appear to be tobacco, beer, wine, alcohol or controlled substances by students 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 the misconduct will directly affect the good order, efficient management and welfare of the school district.
The board believes such illegal, unauthorized or contraband materials generally cause material and substantial disruption to the school environment or present a threat to the health and safety of students, employees, or visitors.
Violation of this policy by students will result in disciplinary action including suspension or expulsion. Use, purchase or being in possession of cigarettes, tobacco or tobacco products for those under the age of eighteen, may be reported to the local law enforcement authorities. Possession, use or being under the influence of beer, wine, alcohol and/or of a controlled substance may also be reported to the local law enforcement authorities.
Students who violate the terms of this policy may be required to satisfactorily complete a substance abuse assistance or rehabilitation program approved by the school administration. If such student fails to satisfactorily complete such a program, the student may be subject to discipline including suspension or expulsion.
The board believes the substance abuse prevention program will include:
Age-appropriate, developmentally-based drug and alcohol curriculum for students in grades kindergarten through twelve, which address the legal, social, and health consequences of tobacco, drug and alcohol use and which provide information about effective techniques for resisting peer pressure to use tobacco, drugs or alcohol;
A statement to students that the use of illicit drugs and the unlawful possession and use of alcohol is wrong and harmful;
Standards of conduct for students that clearly prohibit, at a minimum, the unlawful possession, use, being under the influence of or distribution of illicit drugs and alcohol by students on school premises or as part of any of its activities;
A clear statement that disciplinary sanctions, up to and including suspension or expulsion and referral for prosecution, will be imposed on students who violate the policy and a description of those sanctions;
A statement that students may be required to successfully complete an appropriate rehabilitation program;
Information about drug and alcohol counseling and rehabilitation and re-entry programs available to students;
A requirement that parents and students be given a copy of the standards of conduct and the statement of disciplinary sanctions required; and,
Notification to parents and students that compliance with the standards of conduct is mandatory.
It is the responsibility of the superintendent, in conjunction with the principal, to develop administrative regulations regarding this policy.
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
Legal Reference: 34 C.F.R. Pt. 86 (2012).
Iowa Code §§ 123.46; 124; 279.8, .9; 453A (2013).
281 I.A.C. 12.3(6); .5(3)(e), .5(4)(e), .5(5)(e)
School district property is held in public trust by the board. School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation or law has been violated. The search is in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees and visitors to the school district facilities. The furnishing of a locker, desk or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will not give rise to an expectation of privacy with respect to the locker, desk, or other facility.
School authorities may seize any illegal, unauthorized or contraband materials discovered in the search. Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, nicotine, weapons, explosives, poisons and stolen property. Such items are not to be possessed by a student while they are 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. Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials. The board believes that illegal, unauthorized or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district.
It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.
Legal Reference: U.S. Const. amend. IV.
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987).
Iowa Code ch. 808A.
281 I.A.C. 12.3(6).
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
SEARCH AND SEIZURE CHECKLIST
I. What factors caused you to have a reasonable and articulable suspicion that the search of this student or the student’s effects, locker or automobile would turn up evidence that the student has violated or is violating the law, school policy, rules or regulations affecting school order?
A. Eyewitness account
1. By whom:
2. Date/Time:
3. Place:
4. What was seen?
B. Information from a reliable source.
1. From whom:
2. Time received:
3. How information was received:
4. Who received the information:
5. Describe information:
C. Suspicious behavior? Explain.
D. Time of search:
E. Location of search:
F. Student told purpose of search:
G. Consent of student requested:
II. Was the search you conducted reasonable in terms of scope and intrusiveness?
A. What were you searching for:
B. Where did you search:
C. Sex of students:
D. Age of the student:
E. Exigency emergency of the situation:
F. What type of search was being conducted:
G. Who conducted the search:
Position: Sex:
H. Witness(s):
III. Explanation of Search.
A. Describe the time and location of the search:
B. Describe exactly what was searched:
C. What did the search yield:
D. What was seized:
E. Were any materials turned over to law enforcement officials?
F. Were parents notified of the search including the reason for it and the scope?
I. Searches, in general.
A. Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order.
Reasonable suspicion may be formed by considering factors such as the following:
(1) eyewitness observations by employees;
(2) information received from reliable sources;
(3) suspicious behavior by the student; or,
(4) the student's past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.
B. Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
(1) the age of the student;
(2) the sex of the student;
(3) the nature of the infraction; and
(4) the emergency requiring the search without delay.
II. Types of Searches
A. Personal Searches
1. A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated school district policies, rules, regulations or the law affecting school order.
2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.
(a) Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.
(b) A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened. Such a search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.
B. Locker and Desk Inspections
Although school lockers and desks are temporarily assigned to individual students, they remain the property of the school district at all times. The school district has a reasonable and valid interest in insuring the lockers and desks are properly maintained. For this reason, lockers and desks are subject to unannounced inspections and students have no legitimate expectations of privacy in the locker or desk. Periodic inspections of all or a random selection of lockers or desks may be conducted by school officials in the presence of the student or another individual. Any contraband discovered during such searches will be confiscated by school officials and may be turned over to law enforcement officials.
The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a school official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or school policy or rule. Such searches should be conducted in the presence of another adult witness when feasible.
C. Automobile Searches
Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that illegal, unauthorized or contraband items are contained inside.
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
Generally, students may not be interviewed during the school day by persons other than parents and school district officials and employees.
Requests from law enforcement officers and from persons other than parents, school district officials, and employees to interview students are made through the principal's office. Upon receiving a request, it is the responsibility of the principal to determine whether the request will be granted. Generally, prior to granting a request, the principal will attempt to contact the parents to inform them of the request and to ask them to be present.
If a child abuse investigator wishes to interview a student, the principal will defer to the investigator's judgment as to whether the student should be interviewed independently from the student's parents, whether the school is the most appropriate setting for the interview, and who will be present during the interview.
Students will not be taken from school without the consent of the principal and without proper warrant.
Date Board Approved: 7/19/2010
Date Board Updated/Reviewed: 03/14/2022
Legal Reference: Iowa Code §§ 232; 280.17 (2013).
281 I.A.C. 102.
441 I.A.C. 9.2; 155; 175.
1980 Op. Att'y Gen. 275.
The board recognizes the convenience to families and students of having students drive to and park at their school attendance center. Driving a motor vehicle to and parking it at the student's attendance center is a privilege.
Students who drive to and park at their school attendance center shall only drive to and park at their designated attendance center or at either their attendance center or a shared district’s attendance center for the purpose of attending extracurricular activities. Students may not loiter around or be in their vehicle during the school day without permission from school administration. Students shall leave their attendance center when there is no longer a legitimate reason for them to be at their attendance center. Students who drive shall enter and leave the parking lot by the routes designated by school administration.
Students who wish to drive to and park at their school attendance center shall comply with the rules and regulations established by school administration. Failure to comply with this policy or the school district rules shall be reason for revocation of school driving and parking privileges as well as other disciplinary action including suspension and expulsion.
Date Board Approved: 12/19/2017
Date Board Updated/Reviewed: 03/14/2022
Legal Reference: Iowa Code §§ 279.8; 321 (2013).