Running head: HANDBOOK POLICY ANALYSIS

FBLA: Handbook Policy Analysis

16 hours
Brian Conway
Drake University
EDL 276: Applications of School Law, Mandates and Policies
Trent Grundmeyer
March 26, 2015

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Introduction
My group decided to review the student and staff handbooks for the North Mahaska
Community School District. My group and I were responsible for analyzing and evaluating the
Junior/Senior High School Student Handbook and the Junior/Senior High School Faculty
Handbook. This project provided valuable experience in determining whether a school
handbook is aligned to Iowa Code and to school board policy. My group researched nine
different categories to check for alignment and to make suggestions that would make the
handbook policies relevant and usable. This activity has been an important exercise to show that
it is vitally important to keep faculty and student handbooks up to date so that they alignment is
shown with school board policies and state laws. As a future administrator, it has been a
valuable lesson in the importance of reviewing handbook policies on a yearly basis to make sure
they are relevant and legally defensible. By doing this, I will be able to account for the changes
in education that we see every year.
The North Mahaska Community School District has done an effective job of
communicating policies and regulations in their staff and student handbooks. Improvement can
be made in certain areas in both documents though. Some policies are left up to the
interpretation of the reader. I feel that you walk a very fine line with this when creating
handbooks. As a group, we feel that the North Mahaska Community School District can be more
intentional and detailed with its handbooks in some categories. In some cases, minor
adjustments to existing policies required changing while other opportunities for a full addition to
each handbook would be beneficial. My group also found instances where we would suggest
adding in the existing school board policies or referencing which school board policy it aligned
to at the very least. If it is a school board policy, stating that in the handbook instantly gains

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credibility from students, parents, staff, and community members. With North Mahaskas school
board policies not accessible online, we felt that it was essential to communicate and refer to
policy as much as possible. This will ensure that parents are provided with a hard copy of
something they would otherwise have to come to the administrative office to reference.

Student Handbook
Starting with the student handbook, my group felt one section that was aligned and
needed no revision was the section relating to discipline. We felt that the administration in the
district sufficiently outlined procedures relating to suspension and expulsion. North Mahaskas
discipline policy is supported Iowa Code 282.4, Iowa Code 282.5, School Board Policy 503.1, as
well as School Board Policy 503.2. We felt that parents and community members would have a
clear understanding of this section based on the policy that was provided.
Continuing with the student handbook, I focused on the topic of Publications and
Censorship. This was a section that was not included in the student handbook. North Mahaska
has a school board policy (502.3) related to this as well as regulations that are present in Iowa
Code 280.22. Important precedent was set in the case of Hazelwood School District v.
Kuhlmeier (1988). A decision was upheld to allow schools to prohibit student speech which is
deemed inappropriate and that it does not infringe on the students First Amendment rights. I
feel that dealing with this omission should be urgent and a priority. This section is important to
add because of the wide scope that it encompasses with all of the different instances that could
involve freedom of speech for students. My groups proposed addition to the student handbook
will read: Students are encouraged to express their viewpoints and opinions. In order to
maintain an appropriate school environment that protects the rights of all students, students

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must exercise responsibility. Student expression should not encourage the breaking of school
rules, should not be libelous, or contain obscenities. No student shall express, publish, or
distribute such material in official school district publication material. Student expression that
causes a disruption may be suppressed and the students responsible may be disciplined. Any
expression made by students in the exercise of free speech, including student expression in
official school publications, shall not be deemed to be an expression of school policy, and the
public school district and school employees or officials shall not be liable in any civil or
criminal action for any student expression made or published by students, unless the school
employees or officials have interfered with or altered the content of the student speech or
expression, and then only to the extent of the interference or alteration of the speech or
expression. This allows the district the authority to act in the best interest of all students and
allows administrators and teachers flexibility in dealing with situations that could arise.
The next section I was responsible for analyzing and evaluating was on electronic devices
and technology. Technology is becoming more of an instructional tool used by teachers and
educational tool utilized by students in everyday classroom instruction. Because of the wide
variety of instances that could arise, it must be stated clearly what is expected of students with
technology. Because North Mahaska is a one-to-one laptop district, students have technology at
their fingertips. There is no existing school board policy for technology usage. The school has
done an adequate job of being updated with their cell phone policy. The student handbook states
that cell phones should not be used during the school day unless it is for a teacher-directed
activity. This decision made by the administration allows teachers the opportunity to manage
their classrooms and use instructional tools that best fit their needs. Mention of other
technology use was absent though. North Mahaska does not have a school board policy that

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addresses this and Iowa Code does not address it directly either. Federal court cases such as
G.C. v. Owensboro Public Schools support consequences for a student if there is a substantial
disruption created to normal school operations. An Acceptable Use Policy is signed by all
students and parents prior to being given computer and Internet access at North Mahaska. My
group thought it would be beneficial to reiterate guidelines and consequences in the student
handbook so that they were spelled out clearly and fresh in the minds of parents and students.
Our suggested addition to the student handbook reads: Students will only be allowed to use the
Internet with parent permission. Parents and students will be required to sign the Internet
Acceptable Use Policy. Students who access online restricted materials or communicate in a
manner that is distracting to normal school operations will be subject to punishment. Because
the nature of circumstances may vary, administration is given latitude in determining
consequences.
1st Offense: Up to 1 week loss of Internet access. Additional consequences may be imposed that
are consistent with the North Mahaska Code of Conduct. Notification in this instance will be
given to the student, parents, and district administration.
2nd Offense: Up to 3 weeks loss of Internet access. Additional consequences may be imposed
that are consistent with the North Mahaska Code of Conduct. Notification in this instance will
be given to the student, parents, and district administration.
3rd Offense: Up to 18 weeks loss of Internet access. Consideration for permanent loss of access
privileges may be considered. Additional consequences may be imposed that are consistent with
the North Mahaska Code of Conduct. Notification in this instance will be given to the student,
parents, and district administration.

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The North Mahaska Community School District reserves the right to log Internet use
and to monitor file server space utilization by users. The district is also able to remove a user
account on the network to prevent unauthorized activity.
My group researched the section relating to searches of desks, lockers, cars, etc. North
Mahaska has done an excellent job of stating that searches are acceptable if there is reasonable
suspicion. The precedent set by New Jersey v. T.L.O. (1985) set the standard for reasonable
suspicion in school searches. Iowa Code 808A.2 and North Mahaska Board Policy 502.8 also
outline stipulations to school searches. We found that slight revisions could be made to the
existing portion in the student handbook. We felt that it was important to add in that locker
searches would be conducted with at least two adult witnesses and that the student in question
could request another student to be present as well. It is best practice to have multiple parties
present to avoid a he said/she said situation. We also believe it is important to add a clause
stating that strip searches will not be conducted by school personnel. We suggested adding a
section that stated that strip searches could be conducted by police only if imminent danger
exists and if there is an immediate threat to the safety of students. This will relieve some of the
pressure of liability if a case like this presents itself.
A section on the use of facilities was an area we felt needed extensive revision. We felt
that the policy needed to be clearly stated so that parents and students understood and did not
have to reference school board policy. Upon reading this section in the handbook, I thought that
rules and regulations of the use of facilities were laid out sufficiently. There was improvement to
be made in specifically stating procedure of how to reserve the facilities for outside use though.
Our suggested addition would be: A written application and agreement must be completed by
the person or entity wishing to use the Districts facilities at least seven (7) business days in

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advance of the use of the facility. The agreement must be approved by the Superintendent or by a
designee of the Superintendent. Note that the District reserves the right to cancel a use
previously approved for any reason and without penalty. North Mahaska currently has an open
forum policy. This allows many different groups to have access to the school districts facilities.
To be in alignment with Iowa Code, the district will have to be careful not to discriminate against
any group. This is an addition that we strongly felt needed included so that consistency is
provided and issues with facility reservation are kept to a minimum.
We did not find a section that outlined information regarding student records and FERPA
in the student handbook. This is a common section in most student/parent handbooks in school
districts. Student confidentiality is a pressing issue in districts currently so we felt that adding a
section like this was a necessity. Our proposed addition reads: Student records must be kept
confidential at all times. The school must have a release of information on file before we provide
documentation to or talk with any outside agency, attorney, etc. Important information will be
kept in students cumulative folders. Teachers may request and sign out cumulative folders in
order to find information on their own students. Student health records should also be kept
confidential. At the end of the school year all health records should be returned to the school
nurse. Teachers should never discuss a student or student information/records with anyone
outside of the school system as well as school employees who dont interact with the student or
dont need to know that information to perform the duties of their job. The following persons
shall have the right to view student records and information during regular school hours:
parent/guardian, student if 18 years old or enrolled in postsecondary education, school
personnel who have legitimate reason to view records, board of directors in official duties,
person, court, agency or institution in presentation of judicial order or subpoena, officials of

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another school the student seeks to enroll, U.S. Comptroller General, U.S. Secretary of
Education, accrediting organizations, and juvenile justice agencies. Under FERPA, the district
may release directory information regarding students, provided that such information is
published yearly in a public newspaper. This includes name, address, telephone number, birth
date, place of birth, participation in extracurricular activities, weight, height, and membership
on athletic teams, dates of attendance, and diploma and awards received. By adding this,
North Mahaska will be in compliance with Iowa Code. Also supporting this addition for student
confidentiality would be the federal court case of Owasso Independent School District v. Falvo.
We felt it was extremely important to make parents and students aware that student
records must be kept confidential at all times. Teachers do handle cumulative folders to access
information on their own students but in order for an outside agency to acquire this information,
a release of information has to be on file in the school. We also felt it was necessary to make
sure that parents and students see what the rules and regulations were for teachers discussing
student information with other staff members. This might seem like a section better suited for
the staff handbook but we felt that it was important that all stakeholders were aware of the law
and standards employees of the North Mahaska Community School District would be held to.
The last section that we analyzed was on the dress code. We felt only minor revisions
were needed for this section. North Mahaska does an adequate job of being descriptive in what
inappropriate clothing would constitute. The consequences presented are not descriptive enough
though. Our recommendation for improvement would be to add a first step of removing the item
or turning it inside out. This is slightly changed from just stipulating that they change right
away. We also think it is important to provide a change of clothes and to document that in
policy. The goal is to try and avoid a situation where students miss instructional time or chunks

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of the school day because of a minor dress code infraction. These revisions will address North
Mahaska Board Policy 502.1 and put us in compliance with Iowa Code. An important court case
that would support a change like this would be Melton v. Young (1972). These revisions also
give the district some authority over clothing that is potentially disruptive to school activity.

Faculty Handbook
When looking at the faculty handbook, I was in charge of analyzing the section regarding
the use of personal technology. I felt a slight revision was needed to the cell phone policy. The
current policy references cell phone use being prohibited during class time. I thought a change
to any time where supervision of students should be happening would be more encompassing.
I felt that there are far more instances in a school day where staff is asked to supervise students
than just class time. I also felt that a slight revision to the section on computer and Internet usage
by staff was needed. I thought it was necessary to reiterate that the Acceptable Use Policy
applies to all certified and classified staff. I added that improper use of email, Internet, or
district technology may result in disciplinary action. Doing this will ensure that staff members
understand that they could face consequences even if they are using personal technology while
using the districts network. I hope this will remind staff members that it is more than just
improper use of the districts devices. Precedent for such revisions can be found in landmark
cases such as Middleton Education Association v. Middleton-Cross Plains Area School District
(2010). In this case, the court ruled for the school district in regards to an employee viewing
inappropriate material and being punished for such action. The severity of the punishment in
cases such as these can be complicated but consequences need to be provided.

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Another section my group analyzed was the section relating to employee conduct and
appearance. My group felt strongly that the existing policy was very vague and needed
descriptors to help staff plan accordingly. To be in compliance with Iowa Code 279.58, our
group proposed this change to the existing policy: Employees are expected to be well groomed
and dress professionally. Dress and attire which adversely affects the educational atmosphere is
not acceptable. Employees should dress professionally in business casual attire when students
are in school for the day. For men, a collared shirt, dress pants (slacks, khakis, etc.), and dress
shoes are acceptable. For women, a reasonable length skirt or pants with a dress top (dress
shirt, polo shirt, etc.) and dress shoes are acceptable. Dresses are also acceptable. Sweaters may
be worn in place of collared shirts. Fridays and PD days will be considered school spirit day
where employees may wear a North Mahaska shirt and jeans. Dress shorts will be permitted on
days where the high temperature is expected to be 85 degrees or more. With the wording that
was provided, we have given the district flexibility in determining issues with appearance that
negatively affect student learning. By being more descriptive and setting clear guidelines, an
administrator has documentation to refer back to in case a situation arises.
The last section my group wanted to study was the section on notification of arrest.
North Mahaskas Junior/Senior High Handbook did not contain a section pertaining to this
subject. My group used The Board of Educational Examiners Code of Professional Conduct and
Ethics as well as North Mahaska Board Policy to help guide the following addition to the
handbook: North Mahaska insists upon maintaining a safe environment for its students and
employees. Because employees occasionally are subject to criminal sanctions for conduct both
on and off duty as a result of violating local, state, and/or federal laws, North Mahaska must be
informed of all such charges, arrests, and convictions in order to assess each individual situation

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and maintain safety for all parties involved. It is, therefore, mandatory that each employee selfreports all charges, arrests, and convictions to Administration. An employee, whether full-time
or part-time, probationary or non-probationary, or employed in a temporary or seasonal
capacity (i.e. substitute teacher, substitute custodian, emergency coach), shall report charges,
arrests, and convictions. By wording the policy this way, all certified and classified staff
members are responsible for following these guidelines. Requiring staff members to do this in
the first 24-48 hours will allow the district to process the situation and start handling it internally.
It is essential that the district is made aware from the staff member before hearing it from some
party inside or outside of the community.

Conclusion
This concluded our study of the staff and student handbooks at North Mahaska. Overall,
I think they have shown to be in alignment with state and federal law. Administrators would be
wise to make sure all staff read and refer back to the handbook when different situations present
themselves. It is also best practice to review staff and student handbooks each year to make sure
that they are current, relevant, and legally defensible. With the few minor revisions and
additions that we have suggested, North Mahaska can be fully confident in the policies they have
put in place for students, parents, and employees.

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Resources
"The BOEE Is Seeking a Highly Motivated Education or Law Student for an Internship." Iowa
Board of Educational Examiners. Web. Retrieved March 26, 2015, from
http://www.boee.iowa.gov/.
"COURT OF APPEALS." COURT OF APPEALS. Web. Retrieved March 26, 2015, from
https://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=101464.
Due Process Required to Revoke Inter-district Transfer. (2013, March 31). Retrieved March 26,
2015, from http://www.ocspecialedattorney.com/tag/g-c-v-owensboro-public-schools/
"Family Educational Rights and Privacy Act (FERPA)." Family Educational Rights and Privacy Act
(FERPA). Web. Retrieved March 26, 2015, from
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html.
"First Amendment Schools: The Five Freedoms - Court Case." First Amendment Schools: The Five
Freedoms - Court Case. Web. Retrieved March 26, 2015, from
<http://www.firstamendmentschools.org/freedoms/case.aspx?id=1672>.
"HAZELWOOD SCHOOL DISTRICT v. KUHLMEIER." Hazelwood School District v. Kuhlmeier.
Web. Retrieved March 26, 2015, from http://www.oyez.org/cases/19801989/1987/1987_86_836.
High School Teachers Handbook. North Mahaska Community School District. 2014
"Iowa Legislature - Advanced Search." Iowa Legislature - Advanced Search. Web. Retrieved March
26, 2015, from http://search.legis.state.ia.us/nxt/gateway.dll/ic?f=templates&fn=default.htm.
Jr./Sr. High Student Handbook. North Mahaska Community School District. 2014
"New Jersey v. T.L.O. Podcast." USCOURTSGOV RSS. Web. Retrieved March, 26, 2015, from
http://www.uscourts.gov/Multimedia/Podcasts/Landmarks/NewJerseyvTLO.aspx.

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"OWASSO INDEPENDENT SCHOOL DIST. NO. I011 v. FALVO." Owasso Independent School
Dist. No. I011 v. Falvo. Web. Retrieved March 26, 2015, from
http://www.oyez.org/cases/2000-2009/2001/2001_00_1073.
School Board Policy. North Mahaska Community School District. 2014