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 disciplining the student or the building principal.
 
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.
 
 
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 (2001).
 
Cross Reference:           501       Student Attendance
502       Student Rights and Responsibilities
504       Student Activities
602.6    Special Education
Previously Code No. 502.1
 
Adopted:  November 11, 1985              
 
Reviewed:  March 1998                  
September 2006
December 17, 2012
 
Revised:  February 17, 2003

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.
 
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 (2001).
281 I.A.C. 12.3(6).
 
Cross Reference:           502       Student Rights and Responsibilities
503       Student Discipline
 
Previously Code No. 502.3
 
Adopted:  November 11, 1985              
 
Reviewed:  March 1998                  
September 2006
December 17, 2012
 
Revised:  February 17, 2003

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 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 shall be given an explanation of the reasons for physical force.
 
Previously Code No. 502.6
 
 
Adopted:  January 9, 1989        
 
Reviewed:   March 1998       
January 20, 2003
September 2006
December 17, 2012
 
Revised:  January 17, 2000
 

STUDENT GOOD CONDUCT RULE
 
A copy of the following rules will be sent home with all students who participate in extracurricular activities at the beginning of the school year.  The student, and parents/guardians, must sign the form indicating the rules have been read and understood.  This form must be returned to the school before the student is allowed to participate. 
 
The Board of Directors of the Hartley-Melvin-Sanborn Community School District offers a variety of voluntary activities designed to enhance the classroom education of its students.  Students who participate in extra-curricular activities serve as ambassadors of the school throughout the calendar year, whether away from or at school.  Students who wish to exercise the privilege of participating in extracurricular activities must conduct themselves in accordance with board policy and must refrain from activities that are illegal, immoral, unhealthy, or highly inappropriate.  Participation in these activities is a privilege, conditioned upon meeting the eligibility criteria established by the board, administration, and individual activity coaches and sponsors.
 
The following activities are covered by the board’s policy and these rules:
 
Athletics, instrumental and vocal music performances, drama productions, speech contests, FFA, National Honor Society, all co-curricular clubs (e.g. art club, Spanish club), all honorary and elected offices (e.g., homecoming king/queen/court, class officer, student government officer or representative), state contests, and performances for cheerleading or any other activity where the student represents the school outside the classroom.  (Activities that are an actual extension of the classroom, are included in student assessment, and are not voluntary, but required as a part of a specific course are included in this policy.  Alternative grading procedure will be available for these students at discretion of teacher.)
 
A student may lose eligibility under the Good conduct Rule for any of the following behaviors:

• Possession, use, or purchase of tobacco products, regardless of the student’s age;
• Possession, use, or purchase of alcoholic beverages, including beer and wine
• Possession, use, or attempted sale/purchase of illegal drugs, or the unauthorized possession, use, purchase, or attempted sale/purchase of otherwise lawful drugs and/or possession of paraphernalia for the use of illegal drugs;
• Engaging in any act that would be grounds for arrest or citation in the criminal or juvenile court system (excluding minor offenses such as traffic or hunting/fishing violations), regardless of whether the student was cited, arrested, convicted, or adjudicated for the act(s);

 
First Offense:  The student in athletics will be ineligible for all public performances for 1/3 of the current or upcoming competitive season.  The athlete will also be ineligible for pre-season jamborees, scrimmages, etc. but these will not count as part of the 1/3 performance requirement.  (If student self-reports incident within 72 hours to school official, ineligibility will be reduced to 1/5 of the season) The student in other activities that are covered under this policy will be ineligible for all public performances and contests for a period of three weeks with a minimum of one public performance.  The student will be eligible to practice and travel with the team during the period of ineligibility.  
 
Second Offense:  The student in athletics will be ineligible for all public performances for 1/2 of the competitive season.  The athlete will also be ineligible for pre-season jamborees, scrimmages, etc. but these will not count as part of the 1/2 performance requirement.  The student in other activities that are covered under this policy will be ineligible for all public performances, and contests, for a period of nine weeks with a minimum of one public performance. The student will be eligible to practice and travel with the team during the period of ineligibility.
 
Third and Subsequent Offenses:  The student will be ineligible for all public performances in athletics and other activities that are covered under this policy for one calendar year. The student will be eligible to practice and travel with the team during the period of ineligibility.
 
Further Conditions for Eligibility:

• There will be a two calendar year probationary period.  If a student has no further violations for two years, the student's training rule record will be cleared.
• If a student violates the good conduct policy at or near the conclusion of a season and the full penalty cannot be served within that season-the balance of the penalty will be served in a "prorated fashion" when the following season of participation commences.  The penalty will "carry over".
• Coaches and sponsors are responsible for making students aware of the purpose, stipulations, and consequences of the good conduct policy prior to the start of each season.
• Affected extracurricular activities must be ones in which the student has shown previous expressed interest, and not, in the principal's judgment, activities in which the student is choosing to participate in an attempt to circumvent the rule's consequences.
• Any student involved in any of the above offenses may request a hearing before a committee consisting of the superintendent, the athletic director, and the sponsor of the activity concerned, and one other faculty member.  If the student desires counsel and his/her parent(s) or legal caretaker(s) may represent him.

 
 
Adopted:  November 11, 1985              
 
Reviewed:  January 20, 2003
September 2006
May 2009
June 2009
December 17, 2012          
                                                                                                                                             
Revised:  February 8, 1988
July 17, 1995
May 13, 1996
July 14, 1997
June 11, 2002
June 21, 2004
July 27, 2015

STUDENT GOOD CONDUCT RULE
 
A copy of the following rules will be sent home with all students who participate in extracurricular activities at the beginning of the school year.  A form then must be signed by the student and parents/guardians indicating that the rules have been read and understood.  This form must be returned to the school before the student is allowed to participate.  This policy shall cover all boys and girls school athletics, cheerleading and cheerleading activities, and all clubs and organizations sponsored by the Hartley-Melvin-Sanborn Community School.   Students who violate the code shall accumulate offenses beginning with their first day of   seventh grade and concluding with their last day of participation in middle school extracurricular activities.  In the event a student admits to or is found guilty of a serious misdemeanor or felony offense;  admits to or is found guilty of having, using, or transporting an alcoholic beverage, tobacco or controlled substance contrary to the laws of the state of Iowa, receives an out-of-school suspension for disciplinary reasons; or if the student commits immoral acts or conduct contrary to current district standards, the student shall immediately  serve the following disciplinary action.
 
The student must:
First Offense:   The student will be ineligible for all public performances for one-fifth of the current or upcoming performance schedule (athletes would also be ineligible for pre-season jamborees, scrimmages, etc. but these would not count as part of the 1/5 performance requirement).  The student will be eligible to practice with the team during this period.  The student will be allowed to travel with the team during the period of ineligibility.
 
Second Offense:  The student will be ineligible for all practices and public performances for one-half of the competitive season.  The student will be allowed to practice with the team or group if counseling is sought, arranged, and received within ten calendar days of the offense.  The student will not be allowed to travel with the team or group.
                                                                                                                     
Third and Subsequent Offenses:  The student will be ineligible for all practices and public performances for one calendar year.  The student will be eligible to practice with the team or group if counseling is sought, arranged, and received within ten calendar days of the offense. The student will not be allowed to travel with the team or group.
 
Further Conditions for Eligibility
If a student violates the good conduct policy at or near the conclusion of a season and the full penalty cannot be served within that season, the balance of the penalty will be served in a "pro-rated fashion"  when the following season of participation commences.  The penalty will "carry over".
 
In order to practice or participate in an activity, the student must be in school for the full day of the scheduled activity/practice unless approved by the administration.
 
The coach in charge may decide not to play athletes in a portion of a contest or the complete contest if in the judgment of the coach, the athletes conduct is unworthy of representing the ideals, principles, and standards of the school.  Such conduct may include but not be limited to:  swearing, smoking, not attending practice, not cooperating in a team effort, displaying a poor attitude, or behaving inappropriately in school.
 
Coaches are responsible for making students aware of the purpose, stipulations, and consequences of the good conduct policy prior to the start of each season.
 
Any student involved in any of the above offenses may request a hearing before a committee consisting of the superintendent, the athletic director, and the sponsor of the activity concerned, and one other faculty member.  If the student desires, he/she may be represented by counsel and his/her parent(s) or legal caretaker(s).  
 
Students will not be allowed to participate in athletics until this form is signed by the student and parent or guardian, returned to the coach in charge, and filed in the athletic director's office.
 
ACADEMIC ELIGIBILITY
 
To be eligible to compete in extra-curricular activities (all boys and girls athletics, cheerleading and cheerleading activities, all music, dramatic, speech activities, and all clubs and organizations), a student must meet the academic standards of eligibility set up by the Hartley-Melvin-Sanborn Middle School.  The student must do passing work in four academic subjects.  Eligibility will be checked every week.
 
When ineligible, a student may continue to practice; but this will be at the discretion of the activity instructor and principal.
 
In order to practice or participate in any activity, the student must be in school for the full day of the scheduled activity/practice unless approved by the administration.
 
Participants will be required to have an updated physical examination for athletic participation.  Participants will be expected to be good ambassadors of the school and community by displaying appropriate conduct.
 
I have read and understand the above stated Good Conduct Rule.
 
_______________________________________
Student Signature
 
 
_______________________________________
Parent/Guardian Signature
 
 
_______________________________________
Date
 
 
 
Adopted:  July 14, 1997                       
 
Reviewed:   March 1998
January 20, 2003
September 2006
May 2009 
December 17, 2012

FINES-FEE-CHARGES
 
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 textbooks, school supplies, eye protective devices, ear protective devices, summer school courses, driver education, discretionary transportation, student planners, cleaning and wear and tear of band/choir uniforms, musical instrument rental, activity tickets, software, overdue books/materials, damages to property.
 
The superintendent shall 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 shall be 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  (1995)
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
 
 
Adopted:  August 12, 1996                   
 
Reviewed:   March 199               
January 20, 2003
September 2006
December 17, 2012
 
 Revised: September 15, 2008