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100 Policies

 

IKM-MANNING SCHOOL DISTRICT

 

 

Series 100

 

 

100                  Legal Status of the School District

 

101                  Educational Philosophy of the School District

 

102                  Equal Educational Opportunity

     102.E1              Annual Notice of Nondiscrimination

     102.E2              Continuous Notice of Nondiscrimination

     102.E3              Notice of Section 504 Student and Parental Rights

     102.E4              Complaint Form

     102.E5              Witness Disclosure Form

     102.E6              Disposition of Complaint Form

     102.R1              Grievance Procedure

 

  1. Long-Range Needs Assessment

     103.R1              Long-Range Needs Assessment

 

  1. Anti-Bullying/Anti-Harassment

     104.E1              Anti-Bullying/Anti-Harassment Complaint Form

     104.E2              Witness Disclosure Form

     104.E3              Anti-Bullying/Anti-Harassment Disposition of Complaint Form

     104.R1              Anti-Bullying/Anti-Harassment Investigation Procedures

 

105                  Assistant Animals

 

 

 

 

Code No.  100

 

 

LEGAL STATUS OF THE SCHOOL DISTRICT

 

 

Iowa law authorizes the creation of a Common Schools System.  As part of this Common Schools System, this school district is a school corporation created and organized under Iowa law.  This school district is known as the IKM-Manning Community School District.

 

This school corporation is located in Carroll County, and its affairs are conducted by elected school officials, the IKM-Manning Community School District Board of Directors.  This school corporation has exclusive jurisdiction over school matters in the territory of the school district.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:           Iowa Code §§ 274.1, .2, .6, .7; 278.1(9); 279.8; 594A (2013).

 

 

Cross Reference:          200      Legal Status of the Board of Directors

 

 

 

Approved  May 17, 2018                      Reviewed                                              Revised                   

 

Code No.  101

 

 

EDUCATIONAL PHILOSOPHY OF THE SCHOOL DISTRICT

 

 

As a school corporation of Iowa, the IKM-Manning Community School District, acting through its board of directors, is dedicated to promoting an equal opportunity for a quality public education to its students.  The board’s ability may be limited by the school district's ability and willingness to furnish financial support in cooperation with student’s parents and school district community.  The board is also dedicated to providing the opportunity to develop a healthy social, intellectual, emotional, and physical self-concept in a learning environment that provides guidance to, and encourages critical thinking in, the students for a lifetime.

 

The board endeavors, through the dedication of the school district's resources, to encourage students, who come to the school district from a variety of backgrounds, to look forward to the time when they will have jobs, homes, families, places in the school district community, and attain recognition as individuals.  In order to achieve this goal, the board will seek qualified employees dedicated to development of their professional skills for the betterment of the education program and for the expertise for educational productivity.

 

Instruction and curriculum are the key elements of a public education.  Critical thinking and problem solving skills that will assist the students' preparation for life is instructed as part of a sequentially coordinated curriculum.  The school district strives to prepare students for employment, to discover and nurture creative talent and to prepare them to meet and cope with social change in an atmosphere conducive to learning.

 

The support and involvement of the home and the school district community are essential to achieve educational excellence in the school district.  The school district strives to maintain an active relationship with the home and the school district community to create within the students an awareness of dignity and worth of the individual, civic responsibility and respect for authority.

 

 

 

 

 

 

 

 

 

 

 

Legal Reference:          Iowa Code §§ 256.11 (2013).

 

 

Cross Reference:          102      Equal Educational Opportunity

                                    103      Long-Range Needs Assessment

                                    209      Board of Directors' Management Procedures

                                    600      Goals and Objectives of the Education Program

                                    602      Curriculum Development

 

 

Approved May 17, 2018                       Reviewed                                               Revised                   

 

Code No. 102

 

 

EQUAL EDUCATIONAL OPPORTUNITY

 

It is the policy of the IKM-Manning Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Brian Wall, 209 10th Street, Manning, IA, 712-655-3781, bwall@ikm-manning.k12.ia.us.

 

The board requires all persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district to subscribe to all applicable federal and state laws, executive orders, rules and regulations pertaining to contract compliance and equal opportunity.

 

 

Legal Reference:          20 U.S.C. §§ 1221 et seq.  

                                    20 U.S.C. §§ 1681 et seq.

                                    20 U.S.C. §§ 1701 et seq.

                                    29 U.S.C. § 206 et seq.

                                    29 U.S.C. § 794

                                    42 U.S.C. §§ 2000d and 2000e.

                                    42 U.S.C. §§ 12101 et seq.

                                    34 C.F.R. Pt. 100.

                                    34 C.F.R. Pt. 104.

Iowa Code §§ 216.6;  216.9; 256.11; 280.3.

                                    281 I.A.C. 12.

 

 

Cross Reference:          101      Educational Philosophy of the School District

                                    401.1   Equal Employment Opportunity

                                    500      Objectives for Equal Educational Opportunities for Students

                                    506.1   Student Records

 

Approved May 17, 2018                       Reviewed                                               Revised                   

 

Code No.  102.E1

 

 

ANNUAL NOTICE OF NONDISCRIMINATION

 

The IKM-Manning CSD offers career and technical programs in the following areas of study:

 

            Family & Consumer Science

            Business

            Agriculture

            Industrial Technology

 

It is the policy of the IKM-Manning Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Brian Wall), 209 10th Street, Manning, IA, 712-655-3781, bwall@ikm-manning.k12.ia.us.

 

 

Code No. 102.E2

 

 

CONTINUOUS NOTICE OF NONDISCRIMINATION

 

It is the policy of the IKM-Manning Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Brian Wall, 209 10th St., Manning, IA, 712-655-3781, bwall@ikm-manning.k12.ia.us.

 

 

Code No. 102.E3

 

 

NOTICE OF SECTION 504 STUDENT AND PARENTAL RIGHTS

 

 

The IKM-Manning CSD does not discriminate in its educational programs and activities on the basis of a student's disability. It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students. As a parent, you have the right to the following:

 

  • Participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;
  • Receipt of free educational services to the extent they are provided students without disabilities:
  • Receipt of information about your child and your child's educational programs and activities in your native language;
  • Notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;
  • Inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate; and
  • Hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

 

It is the policy of the IKM-Manning Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Brian Wall, 209 10th St., Manning,IA, 712-655-3781, bwall@ikm-manning.k12.ia.us.

 

 

Code No. 102.E4

 

COMPLAINT FORM

(Discrimination, Anti-Bullying, and Anti-Harassment)

 

Date of complaint:

 

_____________________________________________________

Name of Complainant:

 

_____________________________________________________

Are you filling out this form for yourself or someone else (please identify the individual if you are submitting on behalf of someone else):

 

_____________________________________________________

 

_____________________________________________________

Who or what entity do you believe discriminated against, harassed, or bullied you (or someone else)?

 

_____________________________________________________

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

_____________________________________________________

 

Names of any witnesses (if any):

 

_____________________________________________________

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other – Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against, harassed, or bullied. Please be as specific as possible and attach additional pages if necessary.

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

Signature: _____________________________________            Date:  __________________________

 

Code No. 102.E5

 

WITNESS DISCLOSURE FORM

 

 

Name of Witness:

­­­­­­­­­­­

_____________________________________________________

 

Date of interview:

 

_____________________________________________________

Date of initial complaint:

 

_____________________________________________________

Name of Complainant (include whether the Complainant is a student or employee): 

_____________________________________________________

 

_____________________________________________________

 

 

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

_____________________________________________________

 

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other – Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

 

Description of incident witnessed: _________________________________________________________

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_____________________________________________________________________________________

 

Additional information: _________________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature: _____________________________________            Date:  __________________________

 

Code No. 102.E6

 

 

DISPOSITION OF COMPLAINT FORM

 

Date:

 

_____________________________________________________

Date of initial complaint:

 

_____________________________________________________

Name of Complainant (include whether the Complainant is a student or employee): 

_____________________________________________________

 

_____________________________________________________

 

 

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

_____________________________________________________

 

Name of Respondent (include whether the Respondent is a student or employee):

­­­­­­­­­­­

_____________________________________________________

 

_____________________________________________________

 

 

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other – Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

 

Summary of Investigation: _______________________________________________________________

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_____________________________________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature: _____________________________________            Date:  _________________________

 

Code No. 102.R1

Page 1 of 2

 

GRIEVANCE PROCEDURE

 

It is the policy of the IKM-Manning Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Brian Wall, 209 10th St., Manning, IA, 712-655-3781, bwall@ikm-manning.k12.ia.us.

Students, parents of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the Complainant and others.

A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor. However, the Complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below. Use of the informal or formal grievance procedure is not a prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault).

Filing a Complaint

A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint with the equity coordinator(s). An alternate will be designated in the event it is claimed that the equity coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 5 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The equity coordinator(s) shall assist the Complainant as needed.

Investigation

Within 15 working days, the equity coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “equity coordinator”).  If the Complainant is under 18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include, but is not limited to the following:

  • A request for the Complainant to provide a written statement regarding the nature of the complaint;
  • A request for the individual named in the complaint to provide a written statement;
  • A request for witnesses identified during the course of the investigation to provide a written statement;
  • Interviews of the Complainant, Respondent, or witnesses;
  • An opportunity to present witnesses or other relevant information; and
  • Review and collection of documentation or information deemed relevant to the investigation.

 

 

Code No. 102.R1

Page 2 of 2

 

Within 10 working days, the equity coordinator shall complete the investigation and issue a report with respect to the findings.

The equity coordinator shall notify the Complainant and Respondent of the decision within 5 working days of completing the written report. Notification shall be by U.S. mail, first class.

Decision and Appeal

The complaint is closed after the equity coordinator has issued the report, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why he/she believes the decision should be reconsidered. The equity coordinator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 15 working days, the superintendent shall affirm, reverse, amend the decision, or direct the equity coordinator to gather additional information. The superintendent shall notify the Complainant, Respondent, and the equity coordinator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class.

The decision of the superintendent shall be final.

The decision of the superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law.

This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available.

If any of the stated timeframes cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible.

Retaliation against any person, because the person has filed a complaint or assisted or participated in an investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Code No.  103

 

LONG-RANGE NEEDS ASSESSMENT

 

Long-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectation of students and determine how well students are meeting student learning goals.  The board will conduct ongoing and in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation.

 

In conjunction with the in-depth needs assessment of the school district, the board will authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.

 

At least every five years the board shall conduct an in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation.  One purpose of this assessment is to assist the board in developing and evaluating a statement of philosophy for the school district.  The second purpose of this assessment is to determine the areas of student performance, knowledge, and attitudes and the areas of school district operations, which are judged to be most crucial in meeting school or school district goals.

The School Improvement Advisory Committee will provide local feedback to the school through contact with the local community.  Feedback to the school board will be presented at least annually.

 

It is the responsibility of the superintendent to ensure the school district community is informed of students' progress on state and locally determined indicators.  The superintendent will report annually to the board about the means used to keep the community informed.

 

As a result of the board and committee's work, the board will determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the educational needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district's progress made under the plan to the committee, community and Iowa Department of Education.

 

 

 

Legal Reference:          Iowa Code §§ 21; 256.7; 280.12 (2013).

                                    281 I.A.C. 12.8(1)(b).

 

Cross Reference:          101      Educational Philosophy of the School District

                                    200      Legal Status of the Board of Directors

                                    208      Committees of the Board of Directors

                                    603.1   Basic Instruction Program

                                    801.1   Buildings and Sites Long Range Planning

                                    801.2   Buildings and Sites Surveys

 

 

 

Approved  May 17, 2018          Reviewed                                   Revised                   

 

 

Code No.  103.R1

 

 

LONG-RANGE NEEDS ASSESSMENT

 

 

The school district's long range needs assessment process includes these items:

 

  • provisions for collecting, analyzing and reporting information derived from local, state and national sources;
  • provisions for reviewing information acquired on the following:
  • state indicators and other locally determined indicators,
  • locally established student learning goals,
  • specific data collection required by state and federal programs;

  • provisions for collecting and analyzing assessment data on the following:
  • state indicators,
  • locally determined indicators,
  • locally established student learning goals.

 

 

Code No. 104

Page 1 of 3

 

ANTI-BULLYING/ANTI-HARASSMENT POLICY

 

The IKM-Manning is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassment of or by students, staff, and volunteers is against federal, state, and local policy and is not tolerated by the board. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed. Therefore, it is the policy of the state and the school district that school employees, volunteers, and students shall not engage in bullying or harassing behavior in school, on school property, or at any school function or school-sponsored activity.

 

Definitions

For the purposes of this policy, the defined words shall have the following meaning: 

  • “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
  • “Harassment” and “bullying” shall mean any electronic, written, verbal, or physical act or conduct toward a student based on the individual’s actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status, and which creates an objectively hostile school environment that meets one or more of the following conditions:
  1. Places the student in reasonable fear of harm to the student’s person or property.
  2. Has a substantial detrimental effect on the student’s physical or mental health.
  3. Has the effect of substantially interfering with a student’s academic performance.
  4. Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
  • “Trait or characteristic of the student” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
  • “Volunteer” means an individual who has regular, significant contact with students.

 

Filing a Complaint

A Complainant who wishes to avail himself/herself of this procedure may do so by filing a complaint with the superintendent or superintendent’s designee. An alternate will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within [state number of days - 180] of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed.

 

School employees, volunteers, and students shall not engage in reprisal, retaliation, or false accusation against a victim, witness, or an individual who has reliable information about an act of bullying or harassment.

 

Code No. 104

Page 2 of 3

 

Investigation

The school district will promptly and reasonably investigate allegations of bullying or harassment. The Building Level Administrator (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment. The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment. The superintendent or the superintendent’s designee shall also be responsible for developing procedures regarding this policy.

 

Suggestions for administrative procedures regarding this policy include:

  • Developing procedures for reporting acts of bullying and harassing behavior (see IASB sample regulation 104.R1);
  • Organizing training programs for students, school employees, and volunteers regarding how to recognize bullying and harassing behavior and what to do if this behavior is witnessed; and
  • Developing a process for evaluating the effectiveness of this policy in reducing bullying and harassing behavior.

 

Decision

If, after an investigation, a student is found to be in violation of this policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion. If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds.

 

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the policy adopted pursuant to this section, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

 

Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.  Any school employee found to have retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds. 

 

Publication of Policy

The board will annually publish this policy. The policy may be publicized by the following means:

  • Inclusion in the student handbook,
  • Inclusion in the employee handbook
  • Inclusion in the registration materials
  • Inclusion on the school or school district’s web site,
  • (other) _______________________________________________________

Code No. 104

Page 3 of 3

                                                            

 

 

Legal References:         20 U.S.C. §§ 1221-1234i.

                                    29 U.S.C. § 794.

                                    42 U.S.C. §§ 2000d-2000d-7.

                                    42 U.S.C. §§ 12101 2et. seq.

                                    Iowa Code §§ 216.9; 280.28; 280.3.     

                                    281 I.A.C. 12.3(6).

                                    Morse v. Frederick, 551 U.S. 393 (2007)

 

 

Cross References:         102      Equal Educational Opportunity

                                    502      Student Rights and Responsibilities

                                    503      Student Discipline

                                    506      Student Records

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Approved  May 17, 2018                      Reviewed                                               Revised                   

 

 

 

Code No. 104.E1

 

COMPLAINT FORM

(Discrimination, Anti-Bullying, and Anti-Harassment)

 

Date of complaint:

 

_____________________________________________________

Name of Complainant:

 

_____________________________________________________

Are you filling out this form for yourself or someone else (please identify the individual if you are submitting on behalf of someone else):

 

_____________________________________________________

 

_____________________________________________________

Who or what entity do you believe discriminated against, harassed, or bullied you (or someone else)?

 

_____________________________________________________

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

_____________________________________________________

 

Names of any witnesses (if any):

 

_____________________________________________________

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other – Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

In the space below, please describe what happened and why you believe that you or someone else has been discriminated against, harassed, or bullied. Please be as specific as possible and attach additional pages if necessary.

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature: _____________________________________            Date:  __________________________

 

Code No. 104.E2

 

WITNESS DISCLOSURE FORM

 

 

Name of Witness:

­­­­­­­­­­­

_____________________________________________________

 

Date of interview:

 

_____________________________________________________

Date of initial complaint:

 

_____________________________________________________

Name of Complainant (include whether the Complainant is a student or employee): 

_____________________________________________________

 

_____________________________________________________

 

 

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

_____________________________________________________

 

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other – Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

 

Description of incident witnessed: _________________________________________________________

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_____________________________________________________________________________________

 

Additional information: _________________________________________________________________

__________________________________________________________________________________________________________________________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

Signature: _____________________________________            Date:  __________________________

 

Code No. 104.E3

 

DISPOSITION OF COMPLAINT FORM

 

Date:

 

_____________________________________________________

Date of initial complaint:

 

_____________________________________________________

Name of Complainant (include whether the Complainant is a student or employee): 

_____________________________________________________

 

_____________________________________________________

 

 

Date and place of alleged incident(s):

_____________________________________________________

 

_____________________________________________________

 

_____________________________________________________

 

Name of Respondent (include whether the Respondent is a student or employee):

­­­­­­­­­­­

_____________________________________________________

 

_____________________________________________________

 

 

 

Nature of discrimination, harassment, or bullying alleged (check all that apply):

 

Age

 

Physical Attribute

 

Sex

 

Disability

 

Physical/Mental Ability

 

Sexual Orientation

 

Familial Status

 

Political Belief

 

Socio-economic Background

 

Gender Identity

 

Political Party Preference

 

Other – Please Specify:

 

Marital Status

 

Race/Color

 

 

National Origin/Ethnic Background/Ancestry

 

Religion/Creed

 

 

 

Summary of Investigation: _______________________________________________________________

_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_____________________________________________________________________________________

 

I agree that all of the information on this form is accurate and true to the best of my knowledge.

 

 

Signature: _____________________________________            Date:  __________________________

 

Code No. 104R.1

Page 1 of 3

 

 

ANTI-BULLYING/ANTI-HARASSMENT INVESTIGATION PROCEDURES

 

The IKM-Manning CSD is committed to providing all students with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassment of or by students, staff, and volunteers is against federal, state, and local policy and is not tolerated by the board. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed. Therefore, it is the policy of the state and the school district that school employees, volunteers, and students shall not engage in bullying or harassing behavior in school, on school property, or at any school function or school-sponsored activity.

 

Definitions

For the purposes of this policy, the defined words shall have the following meaning: 

  • “Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
  • “Harassment” and “bullying” shall mean any electronic, written, verbal, or physical act or conduct toward a student based on the individual’s actual or perceived age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status, and which creates an objectively hostile school environment that meets one or more of the following conditions:
  1. Places the student in reasonable fear of harm to the student’s person or property.
  2. Has a substantial detrimental effect on the student’s physical or mental health.
  3. Has the effect of substantially interfering with a student’s academic performance.
  4. Has the effect of substantially interfering with the student’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
  • “Trait or characteristic of the student” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
  • “Volunteer” means an individual who has regular, significant contact with students.

 

Filing a Complaint

A Complainant who wishes to avail himself/herself of this procedure may do so by filing a complaint with the superintendent or superintendent’s designee. An alternate will be designated in the event it is claimed that the superintendent or superintendent’s designee committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 5 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The Complainant shall receive assistance as needed.

 

School employees, volunteers, and students shall not engage in reprisal, retaliation, or false accusation against a victim, witness, or an individual who has reliable information about an act of bullying or harassment.  

 

Code No. 104R.1

Page 2 of 3

 

Investigation

The school district will promptly and reasonably investigate allegations of bullying or harassment. The Building Level Administrator (hereinafter “Investigator”) will be responsible for handling all complaints alleging bullying or harassment.

If the Complainant is under 18 years of age, the Investigator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include, but is not limited to the following:

  • A request for the Complainant to provide a written statement regarding the nature of the complaint;
  • A request for the individual named in the complaint (hereinafter “Respondent”) to provide a written statement;
  • A request for witnesses identified during the course of the investigation to provide a written statement; and
  • Review and collection of documentation or information deemed relevant to the investigation.

 

The Investigator shall consider the totality of circumstances presented in determining whether conduct objectively constitutes bullying or harassment. Upon completion of the investigation, the Investigator shall issue a report with respect to the findings.

Additional suggestions for administrative procedures regarding this policy include:

  • Organizing training programs for students, school employees, and volunteers regarding how to recognize bullying and harassing behavior and what to do if this behavior is witnessed; and
  • Developing a process for evaluating the effectiveness of this policy in reducing bullying and harassing behavior.

 

Decision

If, after an investigation, a student is found to be in violation of the policy, the student shall be disciplined by appropriate measures, which may include suspension and expulsion. If after an investigation a school employee is found to be in violation of this policy, the employee shall be disciplined by appropriate measures, which may include termination. If after an investigation a school volunteer is found to be in violation of this policy, the volunteer shall be subject to appropriate measures, which may include exclusion from school grounds.

 

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the policy adopted pursuant to this section, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

 

Individuals who knowingly file false bullying and/or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures, as shall any person who is found to have retaliated against another in violation of this policy. Any student found to have retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion.  Any school employee found to have retaliated in violation of this policy shall be subject

 

Code No. 104R.1

Page 3 of 3

 

 

to measures up to, and including, termination of employment. Any school volunteer found to have retaliated in violation of this policy shall be subject to measures up to, and including, exclusion from school grounds. 

 

Code No. 105

Page 1 of 2

 

ASSISTANCE ANIMALS

 

It is the policy of IKM-Manning CSD to foster an equal education environment for all students, employees and community members within the district.  The purpose of this policy is to provide guidance to the district on the proper use of assistance animals while on district property.  The district shall allow the use of qualified service animals and assistive animals to accompany individuals with disabilities in all areas of district buildings where the public is normally allowed to go.  This can include classrooms, cafeteria and school buses.  Individuals with disabilities are people who have a physical or mental impairment that substantially limits one or more major life activities.  Service animals are dogs and in some instances miniature horses trained to do work or perform tasks for individuals with disabilities.  Assistive animals are simians or any other animal specially trained or in the process of being trained to assist a person with a disability. 

 

Service animals and assistive animals must be current on all required vaccinations.  Service animals and assistive animals also must be under control while on district grounds.  The animal may be under control by either the individual with a disability, or a handler of the service or assistive animal.  Under control means harnessed, leashed or tethered, unless these devices interfere with the animal’s work, in which case under voice or other directive control.

 

Miniature Horses as Service Animals

Miniature horses shall be allowed as service animals within the district whenever it is reasonable to allow them.  Factors to consider when determining reasonableness include:  whether the miniature horse is house broken; whether the miniature horse is under the owner’s control; whether the facility can accommodate the miniature horse’s type, size and weight; and whether the miniature horse’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility.

 

Establishing the Need for a Service Animal

When no prior notice is given to the district of the use of a service or assistive animal, the Superintendent and/or school administrators are permitted to ask the following questions: 

“Do you need/require this animal because of a disability?”

If the animal’s trained tasks are not readily apparent, the administrator may ask: 

“What work or task has the animal been trained to perform?”

 

Service and Assistive Animals in training

Assuming the handler and animal are otherwise allowed, individuals who train service and/or assistive animals will also be allowed access with their service animal in training to public areas of district buildings and property.  The service or assistive animal in training is expected to abide by the same requirements as a service or assistive animal.

 

Exclusion of Service and Assistive Animals

In certain limited circumstances, it may be reasonable to exclude the use of a service or assistive animal from district property.  The Superintendent is permitted to exclude service and assistive animals from district buildings and property in the following circumstances:  The presence of the animal poses a direct threat to the health and safety of others; the owner or handler is unable to control the animal; the animal is not house broken; the presence of the animal significantly disrupts or interferes with the educational process; or the presence of the animal would require a fundamental alteration to the program.  If a service animal is properly excluded from district property, the district shall provide the

 

Code No. 105

Page 2 of 2

 

student served by the animal the opportunity to participate in the program, service or activity without having the service animal on district property. 

 

Emotional Support Animals and Therapy Animals [Optional section as these animals are not commonly required to be accommodated]

Emotional support animals are medically prescribed to provide therapeutic benefit through dedicated companionship.  Emotional support animals’ sole function is to provide emotional support or comfort. 

Therapy animals are involved in an animal-assisted therapy program involving animals as a form of treatment.

Emotional support animals and therapy animals do not meet the definition of service or assistive animals.  However, the district recognizes their value in our community.  The superintendent shall evaluate the use of emotional support animals and therapy animals on a case-by-case basis.  District employees may use therapy animals in the course of their regular duties only after receiving permission from the superintendent. 

Student use of Emotional Support Animals and Therapy Animals

Factors the superintendent should consider in making the determination include but are not limited to: 

  1. Whether the animal is housebroken
  2. Whether the animal has a current vaccination certificate
  3. Whether the animal has been recommended through an individual education plan (IEP) or a 504 plan as necessary for the student to receive free access to public education
  4. Whether the facility can accommodate the animal’s type size and weight, and
  5. Whether the animal’s presence will not compromise legitimate safety requirements necessary for safe operation of the facility 

Employee use of Therapy Animals as part of Education Environment

Before permission to use therapy animals is granted, staff members must provide: 

  1. Proof that the animal is certified to be a therapy animal;
  2. An explanation of how the animal will be used, including research supporting the use of therapy animals;
  3. A plan for how the staff member will provide for the care and control of the animal;
  4. A plan for how the staff member will accommodate students with allergies to the animal; and
  5. A current vaccination certificate for the animal.

 

Legal References:         29 U.S.C. §794

                                    42 U.S.C. §12132

                                    28 C.F.R.   35

                                    Iowa Code §216C

 

Cross References:         606.3   Animals in the Classroom

 

 

NOTE:  The use of service and assistive animals is a civil right established by federal and state laws. However, the use of emotional support and therapy animals does not necessarily have the same legal protections. The portion of this policy in italics reflects optional language for your district to consider.

 

 

Approved  October 17, 2018                 Reviewed                                               Revised