The Board prohibits the use of alcohol and drugs by students attending school-sponsored activities or activities held on any school premises.  The following guidelines will apply to all school-sponsored activities or activities held on any school premises:

• In order to determine whether or not reasonable suspicion exists, appropriate school personnel, designated as “school function safety employees,” may be trained in the identification of individuals who may be under the influence of alcohol or drugs.  Whether or not an employee has received training is not indicative of whether or not reasonable suspicion exists in any given situation.
• If reasonable suspicion of alcohol use exists, a breathalyzer test may be given to the student by a school function safety employee.  If the test is positive for alcohol, law enforcement will be called to handle the situation.  School disciplinary measures also will be in effect.
• If reasonable suspicion of drug use exists, parents will be contacted and given the option of taking the student for a drug test at the hospital at district expense.  If the student tests positive, school disciplinary measures will be in effect.  If the test option is refused, school disciplinary measures still may be in effect.

 

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.

 

I.      What factors caused you to have a reasonable and articulable suspicion that the search of this student or the student’s effects 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.  Student's past history?  Explain.

      _____________________________________________________________________________________________
      _____________________________________________________________________________________________
      _____________________________________________________________________________________________
      _____________________________________________________________________________________________

E.  Time of search:  ________________________________________________________________________________

F.  Location of search:  _____________________________________________________________________________

G.  Student told purpose of search:  ___________________________________________________________________

H.  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 the student:  ______________________________________________________________________________

D.  Age of the student:  ______________________________________________________________________________

E.  Exigency 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

           Describe the time and location of the search:  

A.        ___________________________________________________________________________________________

           Describe exactly what was searched:

B.        ___________________________________________________________________________________________

           What did the search yield:

C.        _____________________________________________________________________________________________

           What was seized:

D.        _____________________________________________________________________________________________

            Were any materials turned over to law enforcement officials?

E.        _____________________________________________________________________________________________

            Were parents notified of the search including the reason for it and the scope:

F.        _____________________________________________________________________________________________
           _____________________________________________________________________________________________

 

I.  Investigation Conducted in the Educational Environment

   A.  Interviews Initiated by School Administrators

1. Conducted by Administrators

   a.  Principals shall have the authority to conduct investigations and to question students pertaining to infractions of school rules, whether or not the alleged conduct is a violation of criminal law.
    

2. Conducted by Law Enforcement Officers
   a.  The principal/designee shall determine when the necessity exists that law enforcement officers be contacted to conduct an investigation of alleged criminal behavior.

   b.  The principal/designee may request that law enforcement officers conduct an investigation of alleged criminal behavior during school hours.  A reasonable attempt shall be made to contact the student's parents, guardian or representative prior to questioning of students by law enforcement officers.  Such contacts or attempted contacts with parents, guardian or representative shall be documented by the administrator involved.  In the absence of a student's parents, guardian or representative during any questioning of such students, the principal or other designated certificated school staff person shall be present.

   c.  If the investigation has centered on any particular student suspected of such alleged criminal activity, the procedure of taking students into custody by the police set forth in Section II shall be followed to the extent that they do not interfere with reasonable law enforcement procedures.

  B.  Interviews Initiated by Law Enforcement Officers

1. Although cooperation with law enforcement officers will be maintained, it should not normally be necessary for law enforcement officers to initiate and conduct any investigation and questioning on the school premises during school hours pertaining to criminal activities unrelated to the operation of the school.  Only in demonstrated emergency situations, when law enforcement officers find it absolutely necessary, will they be voluntarily permitted to conduct such an investigation during school hours.  These circumstances should ordinarily be limited to those in which delay might result in danger to any person, or flight from the jurisdiction of a person reasonably suspected of a crime or destruction of evidence.
    
2. In such cases, the officers shall be requested to obtain prior approval of the principal/designee before beginning such an investigation on school premises.  The administrator shall document the circumstances of such investigations as soon as practicable.  Alleged criminal behavior related to the school environment brought to the principal's attention by law enforcement officers shall be dealt with under Iowa law.

C.  Questioning of Students During Investigation

1. Violations of School Rules

   a.  In instances where school rules have allegedly been violated, the principal/designee may contact the suspected rule violator or potential witness to the infraction.

   b.  The suspected student shall be advised orally or in writing of the nature of the alleged offense and of the evidence, if any, against the student.

   c.  In questioning a potential student witness to an alleged disciplinary infraction, care should be taken by the administrator to insure that there is a reasonable likelihood that the student was indeed a witness.
    

2. Violations of Criminal Law

   a.  During an investigation of violation of school rules, it may come to the attention of the administrator that the investigated activity may also be a violation of criminal law.  In proceeding with the investigation, the principal/designee can attempt to ascertain whether there is sufficient justification to believe that a criminal offense was committed that warrants contacting law enforcement officials.

   b.  Where a suspected violation of criminal law has occurred on the school grounds, involving the operation of the school or during a school-sponsored activity, law enforcement officials may be notified and their presence requested for the questioning of suspected students.  Unless circumstances dictate otherwise, questioning of the student shall not begin or continue until the law enforcement officers arrive.  Reasonable attempts shall be made to contact a student's parents, guardian or representative who, unless an emergency exists, shall be given the opportunity to confer with the student and to be present with the student during such questioning.  The administrator shall document the contact or attempted contact with the student's parents, guardian or representative.  The law enforcement officers may wish to advise the student of his/her legal rights.

 

II.        Taking a Student into Custody

  A.  Students may not be released to law enforcement authorities voluntarily by school officials unless the student has been placed under arrest or unless the parent, guardian or representative and the student agrees to the release.  Administrators shall make reasonable objections to law enforcement authorities who attempt to remove students from school without placing them under arrest or without the acquiescence of the parent, guardian or representative and the student.  When students are removed from school for any reason by law enforcement authorities, reasonable efforts will be made to contact the student's parents, guardian or representative immediately.  Such effort shall be documented.  The superintendent's office shall be notified immediately of any removal of a student from school by law enforcement officers under any circumstances.

  B.  Where it is necessary to take a student into custody on school premises, and the time permits, the law enforcement officer shall be requested to contact the school principal/designee and relate the circumstances necessitating such action.  When possible, the principal/designee shall have the student summoned to the principal's office where the student may be taken into custody.

  C.  When an emergency exists, the school principal/designee may summon law enforcement officials to the school to take a student into custody.

  D.  When a student has been taken into custody or arrested on school premises without prior notification to the principal/designee, the school staff present shall encourage the law enforcement officers to notify the principal/designee of the circumstances as quickly as possible.  In the event that the officers decline to notify the principal/designee, the school staff members present shall immediately notify the principal/designee.

  E.  If possible, parents, guardian or representative of the student shall be notified by the principal or other school administrator before the student is taken into custody by law enforcement officers or as quickly thereafter as can be accomplished.  The administrator shall document such notification or attempted notification.

 

III.       Disturbance of School Environment

A.  Law enforcement officers may be requested to assist in controlling disturbances of the school environment which the principal or other school administrator has found to be unmanageable by school personnel or has the potential of causing harm to students and other persons or to property.  Such potential of possible harm includes members of the general public who have exhibited inappropriate or illegal conduct on school premises or at a school event held on school property and who have been requested to leave by an administrator, but have refused or failed to do so.

 

IV.       Disseminating and Reviewing Policies

A.  This policy shall regularly be disseminated to staff members.  School staff members shall be apprised of the contents of these provisions as they are updated, and at least annually.

B.  School administrators are encouraged to meet at least annually with local law enforcement officials to discuss the district's policy and rules regarding law enforcement contacts with the district.  Law enforcement officials will be asked to instruct their staffs as to the terms of the school's policy and rules.

 

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

[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

[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

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 augmentive 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.
  • 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.