04/19/23 1

Ask Matt - May 2011 – Critical Issues to Address Now

Matt Carver, J.D., Director of Legal Services

tel - 515.267.1115

fax - 515.267.1066

204/19/23

Critical Issues to Address Now

Communicate with your staff about not losing their temper with students as we approach the waning weeks of the school year.

304/19/23

Critical Issues to Address Now Common Scenario #1 –

End of the school year.

Veteran staff member – Teacher or Administrator.

It is later in the afternoon.

Staff member feels that student is not only being disobedient but disrespectful.

Staff member loses temper (e.g., raises voice at student, waves finger at student, grabs student forcefully by the arm or back of the neck to move student to another location or to force the student to sit down).

404/19/23

Critical Issues to Address Now Common Scenario #2 –

Bus driver or other classified staff member.

Elementary age student is out of control.

Staff member loses temper and improperly restrains or moves student. (e.g., drags student down hallway)

Also, consider another story that an administrator shared with me this year, where a bus driver stopped a school Suburban to settle a student down, and the student unexpectedly exited the vehicle. Fortunately, no one was hurt.

504/19/23

Critical Issues to Address Now

Update your policies during the coming months, so that your building or district is prepared for next school year.

604/19/23

Critical Issues to Address Now

Update your policies - Attendance Policy

(1) Clarify definition of excused absences State that the administration will consider certain factors

when determining whether an absence is excused or unexcused, but has the final authority on the matter.

(2) Ensure that the policy does not combine excused with unexcused absences for disciplinary purposes

704/19/23

Critical Issues to Address Now Update your policies - Attendance Policy (cont.)

(3) Try to coordinate number of required days for compulsory students, so all districts in your county have the same standard. This makes the county attorney’s job much easier.

(4) Make sure that policy does not provide that students will receive a zero or “F” for all work on days of unexcused absences. Even with unexcused absences, students may be allowed to make-up work. Unexcused absences may impact participation points.

(5) Equation between tardies and unexcused absences must be reasonable. (e.g., one tardy may not equal one unexcused absence)

804/19/23

Critical Issues to Address Now

Update your policies - Cell Phones and Technology Policies

(1) Add language to policies which states that students and visitors may not capture/record video, audio, or photos on school property without permission of school staff. Include exception for games, school events, when participants are being photographed or recorded.

(e.g., dancing teachers)

(2) Clarify the procedures for confiscation or other discipline relating to improper use of cell phones and other personal technology,

(e.g., ensure confiscation procedures are widely understood)

904/19/23

Critical Issues to Address Now

Update your policies - Cell Phones and Technology Policies

(3) Have clear standards as to when staff may use technology for personal use during the school day.

Remind staff about open records implications

Staff should never use technology for personal reasons if it will interfere with supervision

(e.g., employee texting when s/he should be supervising recess)

(4) Staff should not use school technology for personal forum or business purposes.

1004/19/23

Critical Issues to Address Now

Update your policies - Cell Phones and Technology Policies

(5) Acceptable Use Policy (AUP) should clarify that standards apply even when students or staff are using personal devices through school Wi-Fi.

1104/19/23

Critical Issues to Address Now

Update your policies - Search & Seizure Policy

(1) Clarify that school personnel may search personal technology and other property if they have reasonable grounds to suspect that the student has violated school policies or the law.

(2) Identify level of searches that certain staff members may perform. (e.g., teachers vs. administrators)

(3) Clearly state in policy and inform students and parents about when the school may use breathalyzers, drug dogs, or perform locker or vehicle searches.

1204/19/23

Critical Issues to Address Now

Update your policies - Good Conduct Policy

(1) Update your Good Conduct Policy so that students may be disciplined for making disparaging comments about others away from school. SAI’s sample has new language.

(2) Decide whether your school wishes to provide for more severe punishments if a student is using alcohol at a party, rather than just being present at the party. (e.g., designated drivers)

1304/19/23

Critical Issues to Address Now Whether in policy, or elsewhere, clarify to parents when

school officials will contact them if a student is being questioned.

Iowa Code requires that law enforcement must attempt to contact the parents or guardians of minors if they are “taken into custody” for questioning.

Some schools contact parents whenever law enforcement is questioning their children, regardless of whether the child has been taken into custody.

1404/19/23

Critical Issues to Address Now

Whether in policy, or elsewhere, clarify to parents when school officials will contact them if a student is being questioned. Maintain supervision of students when outside individuals

are questioning them at school.

Parents do not need to be contacted every time a school employee, such as a counselor or administrator, meets with a student. Some parents make such demands to school officials.

1504/19/23

Critical Issues to Address Now - Questions

???????