Drake University

Masters of Science in Education

EDL 276 - Applications of School Law, Mandates, and Policies
FBLA - Handbook Analysis and Policy Investigation

Scott Belger
Student ID: 000191087
Cohort: #13
4/1/2016

In almost every school district across the country, school handbooks are distributed and
mentioned during teacher in-service in mid August. Many times administrators speak to the

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changes or areas of emphasis for the upcoming year then the handbooks are never discussed
again. Chances are that many teachers really dont know what is their own handbook, little lone
what areas are in compliance and what areas are not in compliance with the Iowa Code. During
my investigation of the Earlham Community School Districts Teacher Handbook and the
Southeast Polk School Districts Student Handbook, I was made aware of areas of compliance
and/or non compliance. This investigation was important and eye opening for me as a future
building leader. I believe that a handbook can be a very valuable vehicle in which a school
district can deliver their vision, mission, and core values. I also believe that a handbook can
serve as a very effective way in which a school district can ensure that the vision, mission, and
core values are being implemented with fidelity. As a take away from this project, I will want to
make sure the handbooks I distribute to my staff are in compliance with the Iowa Code and when
changes are made to make sure to communicate those effectively to the staff.

In my investigation of the Southeast Polks Student Handbook and the Earlham Faculty
Handbook, I focused on three areas: 1) Use of facilities. 2) Bullying and Harassment. 3)
Dress Code. I concentrated my efforts on three main areas to include: policy or handbook and
citation number/code/title, related legal cases and mandates, and revisions to be made if need be.

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Use of Facilities
The use of facilities, as an interim activities director, was a hot topic and one of interest by
many community members. Many communities value and expect to be able to use a public
building such as a school building for various events. Here is what the Iowa Code says
concerning the use of school facilities.
297.9 USE FOR OTHER THAN SCHOOL PURPOSES.

The board of directors of any school district may authorize the

use of any schoolhouse and its grounds within such district for the
purpose of meetings of granges, lodges, agricultural societies, and
similar societies, for parent-teacher associations, for community
recreational activities, community education programs, election
purposes, other meetings of public interest, public forums and
similar community purposes; provided that such use shall in no way
interfere with school activities; such use to be for such
compensation and upon such terms and conditions as may be fixed by
said board for the proper protection of the schoolhouse and the
property belonging therein, including that of pupils, except that in
the case of community education programs, any compensation necessary
for programs provided specifically by community education and not
those provided through community education by other agencies or
organizations shall be compensated from the funding provided for
community education programs.
During my research and in my School Law Class, I learned that school districts have three
choices when it comes to using school facilities after school hours. 1) Districts can operate
under an open public forum in which school districts allow virtually any and all outside
organizations to use school facilities as long as it doesnt interfere with normal school activities.
2) Districts can operate under a limited public forum in which school districts set forth
requirements and guidelines governing groups allowed to use school facilities. 3) Districts can
operate under a closed public forum in which no outside groups are allowed to use school
facilities. Generally the school board will make decisions like this. It could be possible for a

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district to change policy concerning the use of school facilities, but it would require school board
approval and a policy change. I have found that a majority of school districts that I know operate
under a limited public forum. A big take away for me as a future activities director and/or
building leader is to rely on past practice and to be aware of discriminatory areas like religious
groups or groups with religious affiliations. In the Case: Good News Club v. Milford Central
School, The Good News Club submitted a request to hold the Club's weekly after school
meetings at the school. Milford Central School denied the request stating that this was religious
worship and prohibited by the community use policy. The Club filed suit alleging that the denial
violated its free speech rights under the First and Fourteenth Amendments. The courts ruled that
the school denied the Good News Club access on the grounds that the club was religious in
nature. The school district discriminated against the club because of its religious viewpoint in
violation of the Free Speech Clause of the First Amendment," wrote Justice Thomas. After
reviewing the Southeast Polk School Districts policy concerning outside groups usage of district
facilities, I feel the Southeast Polk Schools are in compliance with Iowa Code 297.9. The only
thing I would advise the district to do is to include information concerning using school facilities
in their respective handbooks so the students and staff are aware of the policy.

Bullying and Harassment

The topic of bullying and harassment has become an issue that a school district will want to
have a firm policy and stance on in order to avoid public scrutiny. Policy, procedure, and follow
through are very important in terms of protecting school district integrity and in demonstrating
the core values of school districts across the nation. In my research, I have found that most all
schools have a firm policy and procedure when it comes to bullying and harassment. Iowa Code

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280.28 is very detailed in its description of the bullying and harassment section(too detailed to
include in my paper).
In my investigation of the Earlham Faculty Handbook, I didnt see any mention of the topic of
bullying and harassment. I suggest a few revisions to their handbook to address a highly
controversial topic in public education. Earlham may want to consider addressing this issue in
their faculty handbook as well as have some professional development time devoted for
prevention of bullying and harassment. I feel these steps are important to ensure that all faculty
members are on the same page and all faculty members are aware that the district has a firm
stance and a solid procedure outlined in the event that bullying and harassment happen at the
Earlham School District. I am sure the school district has a firm policy on bullying and
harassment, but by addressing it in the faculty handbook, you can make sure everybody is aware
and on the same page. I believe that in the case of bullying and harassment, communication is
crucial. As I read the Southeast Polk Student Handbook, I feel like the district does a nice job of
addressing the issue of bullying and harassment. Policies and procedures are clear and seem to
be straightforward and in compliance with the Iowa Code.
As a future building leader, I will want to make sure I am 100% aware and understand my
districts policy for bullying and harassment. I researched the case, Hannibal Public School
District v. D.J.M., in which the district took proactive measures once the district was aware that
cyberbullying was going on. To summarize the case, student A sent messages through social
media to student B. The messages alluded to student As ability to obtain a gun, and during the
conversation speculates as to who he would shoot and who he would not shoot. Student B
became concerned and sent a transcript of the messages to an adult, who in turn contacted the
principal of the high school. The school district placed student A under a suspension for the rest

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of the school year. Student A's parents appealed the suspension to the school board claiming that
the suspension violated his First Amendment right to free speech. On January 25, 2010, the
district court granted judgment for the defendant(Hannibal School District). The district court
found the messages communicated by student A to be a "true threat" under Watts v. United States.
The court found authority for the school to punish the student, not violating the First Amendment
rights of the student.

Dress Code
In my investigation of dress codes, I found that school districts have very different dress code
policies and procedures. Here is what the Iowa Code says concerning dress codes.

279.58 SCHOOL DRESS CODE POLICIES.

1. The general assembly finds and declares that the students and
the administrative and instructional staffs of Iowa's public schools
have the right to be safe and secure at school. Gang-related apparel
worn at school draws attention away from the school's learning
environment and directs it toward thoughts or expressions of
violence, bigotry, hate, and abuse.
2. The board of directors of a school district may adopt, for the
district or for an individual school within the district, a dress
code policy that prohibits students from wearing gang-related or
other specific apparel if the board determines that the policy is
necessary for the health, safety, or positive educational environment
of students and staff in the school environment or for the
appropriate discipline and operation of the school. Adoption and
enforcement of a dress code policy is not a violation of section
280.22.

To be honest, I was surprised that the Iowa Codes main focus was on gang related attire until
I read the last sentence of code 279.58 as it referenced section 280.22. Section 280.22 initially

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talks about the fact that students have the right to exercise the freedom of speech. Then section
280.22 discusses all of the areas in which students shall not express, publish, or distribute. I felt
like both the Southeast Polk Student Handbook and the Earlham Faculty Handbook are in
compliance with the Iowa Code on the topic of Dress Code. The Earlham dress code was a little
more detailed for its faculty than the Southeast Polks was for its students but both policies were
specific and a part of their handbooks for everyone to see and refer to. As far as going above and
beyond Iowa Code, each school board may adopt rules in the form of a written policy, which
shall include reasonable provisions within its jurisdiction. The school board must make the dress
code available to the students, teachers, and the parents.
An interesting court case was the Peters v. Waterloo Community School District case. Essentially,
the Waterloo School District went a little too far in implementing a dress code. The districts
goal was to clean up and create a better and more positive school environment. The Waterloo
Community School District adopted a policy that banned t-shirts, jeans, hooded sweatshirts, and
flip flops. It requires students to wear solid-color shirts with collars. The parents claimed that the
policy was illegal because it told the students what they can wear rather than prohibiting items
they cant wear. The appeal was based on a state law that allows districts to ban gang-related or
other specific apparel if the board determines that the policy is necessary for safety or a
positive educational environment. The courts ruled that the statute did not give school officials
the authority to institute a prescriptive dress code.
My overall impression is that both the Southeast Polk Student Handbook and the Earlham
Faculty Handbook are well written and well aligned with the Iowa Code. My few revisions were
in the lines of better communication to stakeholders as I felt the topics were probably already
addressed in school board policy but not referred to in the specific handbooks. After doing this

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investigative project, I will make a conscious effort as a building leader to stay in front of
handbook policy and procedure as it relates to Iowa Code and school board policy.