Effective student discipline policies serve the needs of the District in maintaining the order of the  education environment while safeguarding the education interests of all students. For this reason,  it is crucial to engage many perspectives in crafting sound policies related to discipline. The board, in conjunction with teachers and administrators in the District, have assigned further meaning to  concepts listed in this policy. 

Incident Levels Defined 

Incident levels must escalate, with Level 1 being less severe than Level 3 incidents. However, the  District maintains discretion in applying the level of discipline appropriate for an incident. In making  this determination, the administration will consider the following definitions of incident levels.  Because no definition could encompass all possible threats or incidents, the administration has  discretion in determining which level to assign the incident after looking at the nature of the  incident as well as the age, grade level, and maturity of the student. 

Level 1 Defined: 

Serious Substantive Threat: Express intent to physically injure someone (hit or fight) beyond the  immediate situation. There is at least some risk the student will carry out the threat. Require that  you take protective action, including warning intended victims and parents. May be legal violations  and require police consultation.  

Level 2 Defined: 

Physical injury to someone (hit or fight) has occurred. 

Level 3 Defined: 

Physical injury to someone (hit or fight) has occurred on more than one occasion to the same  individual or 3 or more instances has occurred to separate individuals. OR 

Very Serious Substantive Threat: Express intent to kill, rape, shoot, or injure with a weapon. There  is at least some risk the student will carry out the threat. Require that you take protective action,  including warning intended victims and parents. May be legal violations and require police  consultation.  

Timeframe for Determining Repeated Incidents 

The District will consider all incidents occurring within one calendar year as sufficiently close in  proximity between incidents to establish that a repeated incident has occurred. The rationale for  establishing this timeframe is to assist in determining a pattern of behavior for a student. For  example, a situation occurring two years in a row prior to winter break. The administration will  have discretion to alter this timeframe when appropriate under the circumstances, depending on  the nature of the incident as well as the age, grade level and maturity of the student.

Considerations for Determining the Maturity of the Student 

The District believes that gauging the maturity of a student is subject to interpretation and best left  to the licensed employees who interact most closely with the student on a regular basis. Assessing  a student’s maturity level is based on individual characteristics unique to each student. Therefore,  in making a determination about the maturity of a student, the administration may consult with the  student’s classroom teacher and other relevant licensed staff. The administration will consider the  following factors in determining the maturity of the student:  

• Does the student’s age account for the understanding of the definition of kill, rape, or  shoot? 

• Does the student have a disability preventing them from understanding the language they  are using? 

Considerations for Determining Whether the Off-Campus Threat of Violence or Incident of  Violence Will Directly Affect the Good Order, Efficient Management and Welfare of the School  District 

The District recognizes that students maintain First Amendment rights to free expression both  within school and outside. However, free speech protections are not absolute and do not extend to  true threats of violence toward an individual or a group of individuals. In considering whether a  threat or incident of violence will directly affect the good order, efficient management and welfare  of the school district necessitating the need for investigation, the administration will consider,  among other things, the following factors:  

• The specificity of the threat for time, location or individual(s) targeted 

• The reasonable likelihood of the student’s ability to carry out the threat 

• The reasonable likelihood that the threat will interfere with the operation of the educational  environment 

In addition to the notification requirements in policy, the administration will apprise the parents or  guardians of any student who suffered violence or a threat of violence, of the rights to file  complaints under any other relevant board policies including but not limited to anti-bullying/anti harassment and Title IX. 

Legal Reference: Iowa Code §279.79