04/22/23 1

SAI 2012 Statewide Mentor/Mentee Meeting

Matt Carver, J.D., Director of Legal Servicestel - 515.267.1115fax - 515.267.1066Email – mcarver@sai-iowa.org

204/22/23

Anti-bullying• Communicate that it is the desire of the district to get involved

sooner rather than later with the hope issues between students are handled informally and resolved before they escalate.

• Ensure all students and parents/guardians understand the process to file formal complaints (e.g., where to get forms or access online complaint process).

• Have an expectation within your staff (from teacher to cook to bus driver to recess monitor) that all employees WILL take action when they observe bullying or name-calling.

304/22/23

Anti-bullying• When a parent/guardian or student comes to an administrator or teacher

with a bullying complaint:• Let them know your process for investigating• Explain that some complaints may not be founded cases of bullying, but are still

inappropriate and the district will take appropriate steps• Let them know that you will be unable to share what disciplinary actions are taken

against the other student involved

• Double-check to ensure an investigator is identified in your district. This individual may be an administrator.

• Even if the district is unable to take action, because: the bullying was off-campus; it was not a threat; or, it did not substantially disrupt the school environment, still communicate concerns with students and parents.

404/22/23

Technology• Clarify to students and staff members what falls under your acceptable

use policy (AUP) and that use of school technology is subject to search, regardless of location, and personal student technology is subject to search at school or at school activities. [Talk to your technology guru about noting requirements during the logon process!]

• Consider adding language to district policy and student handbooks that makes it clear that students are responsible for postings on their technology or social networking pages, so they should remember to logoff and not give passwords to others. This is becoming an increasing problem in our schools (e.g., “someone else had my phone” or “I forgot to logoff”)

504/22/23

Technology• Add language to your policy that students and visitors to

the school are not able to take photos or video, unless they have permission from the staff or it fits under another policy exception (e.g., taking photos of performers at a public event).

• Schools may charge a deposit or fine to any student, regardless of financial status, for damage beyond normal wear and tear of school technology or any other property.

604/22/23

Parent Issues and Access to Students and Student Records• While you may choose to comply with parent requests regarding

communications between students and staff members at school, I do not encourage it, and you are not required to follow such demands (e.g., “I don’t want my daughter to meet with the counselor or anyone else unless I am there.” or “I want to be notified every time my daughter talks to the counselor or an administrator.”)

• While you may decide to do so, school officials are not required to contact parents when they question students about a school matter. If law enforcement takes a minor into custody, then law enforcement is required to contact parents.

704/22/23

Parent Issues and Access to Students and Student Records• While you should be reasonable regarding family

emergencies or important communications, no parent has an absolute right to visit his/her student during the school day.

• Follow the custody order, and if a parent only has visitation rights outside of school, do not let the parent visit without permission of the other parent.

804/22/23

Parent Issues and Access to Students and Student Records• Both parents typically have equal access to student records and

either parent may approve for others to receive records or attend a student conference.

• As such, a parent may not deny the other parent from gaining access to records nor may s/he prevent the other parent’s boyfriend/girlfriend from receiving records, attending a conference, or picking up a student if the other parent has visitation at that time.

• If a parent does send someone else to a conference (e.g., boyfriend or girlfriend), remember that that individual does not have decision-making authority, short of the parent executing a power of attorney.

904/22/23

STUDENT ENROLLMENT ISSUES• In order to be a “resident student”, the student must be in

the district to make it his/her home, and not “solely for school purposes”.

• There are exceptions for homeless students and students living in juvenile detention centers or residential facilities.

• A district may not just waive tuition for a student.

1004/22/23

Search and Seizure• Educate all staff members about your search and seizure

policy and what restrictions are placed on searching a student’s personal areas (e.g., locker, desk, purse, bag, phone, pockets, car, etc.).

• School officials need to have reasonable suspicion to search these areas.

• There is no violation if a staff member simply opens a device or bag to determine an owner and then sees something else, possession of which constitutes a violation of school rules.

1104/22/23

Search and Seizure

• Staff members should not search beyond the area pertaining to an alleged violation (e.g., if an iPhone was stolen, do not look in an area that is too small to hold it).

• Unless your district policy states otherwise, schools are authorized to have law enforcement perform drug dog searches.

• Place students in lockdown and immediately let them know why they are in lockdown.

1204/22/23

Open Discussion and Questions