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
7/31/2017
1
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.
7/31/2017
2
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).
7/31/2017
3
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)

7/31/2017
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.
4
Critical Issues to Address Now

Update your policies during the coming months, so
that your building or district is prepared for next
school year.
7/31/2017
5
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
7/31/2017
6
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)
7/31/2017
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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)
7/31/2017
8
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.
7/31/2017
9
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.
7/31/2017
10
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.
7/31/2017
11
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)
7/31/2017
12
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.
7/31/2017
13
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.
7/31/2017
14
Critical Issues to Address Now Questions
???????
7/31/2017
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