279.65A Discipline of students who make threats of violence or cause incidents of violence.
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The board of directors of each school district shall adopt, in collaboration with teachers and administrative staff employed by the school district, policies for different grade levels that describe how a school district may discipline a student for making a threat of violence or causing an incident of violence that results in injury or property damage or assault. All of the following shall apply to the policies:
1. The policies must incorporate strategies that are designed to correct the student’s behavior.
2. The policies must provide for parent or guardian conferences, counseling sessions, or mental health counseling sessions, when appropriate. The policies must provide that the school district must receive the prior written consent of the student’s parent or guardian before requiring the student to participate in a counseling session or a mental health counseling session.
3. The policies must be consistent with the provisions of chapter 256B, the administrative rules adopted by the state board for purposes of chapter 256B, the federal Individuals with Disabilities Education Act, 20 U.S.C. §1400 et seq., and the federal Rehabilitation Act of 1973, as amended and codified in 29 U.S.C. §701 et seq.
4. The policies must provide for escalating levels of discipline each time the student makes a threat of violence or causes an incident of violence that results in injury or property damage or assault.
5. The policies must allow for the school district to select the level of discipline that the school district determines corresponds to the severity of the threat of violence or incident of violence.
6. The policies must allow the school district to suspend the student, permanently remove the student from a particular class, expel the student, or place the student in an alternative learning environment, including a therapeutic classroom, when appropriate.
7. The policies must require an individualized education program meeting if the student who made the threat of violence or caused the incident of violence that resulted in injury or property damage or assault has an individualized education program.
8. The policies must be published on the school district’s internet site and in applicable student handbooks.
Referred to in §256.9, 256E.7