100 Educational Objectives

Iowa Code § 216.9

Iowa Code § 256.11

Iowa Code § 280.3

I.A.C. Iowa Administrative Code

Description

281 I.A.C. 12

U.S.C - United States Code

Description

20 U.S.C. §§ 1221

20 U.S.C. §§ 1681

20 U.S.C. §§ 1701

29 U.S.C. § 206

29 U.S.C. §§ 794

42 U.S.C. § 12101

42 U.S.C. § 2000d

42 U.S.C. § 2000e

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. Pt. 100

34 C.F.R. Pt. 104

Cross References

Code

Description

101

104

Anti-Bullying/Harassment Policy - Investigation Procedures

104-R(1)

104-E(1)

Anti-Bullying/Harassment Policy - Witness Disclosure Form

104-E(2)

104-E(3)

Anti-Bullying/Harassment Policy - Disposition of Complaint Form

401.01

502.03

Student Expression and Student Publications Code - Regulation

502.03-R(1)

506.01

506.01-R(1)

Education Records Access - Request of Nonparent for Examination or Copies of Education Records

506.01-E(1)

506.01-E(2)

Education Records Access - Authorization for Release of Education Records

506.01-E(3)

Education Records Access - Request for Hearing on Correction of Education Records

506.01-E(4)

Education Records Access - Request for Examination of Education Records

506.01-E(5)

Education Records Access - Notification of Transfer of Education Records

506.01-E(6)

Education Records Access - Letter to Parent Regarding Receipt of a Subpoena

506.01-E(7)

Education Records Access - Juvenile Justice Agency Information Sharing Agreement

506.01-E(8)

603.01

603.04

Buildings & Sites Adaptation for Persons with Disabilities

802.05

Approved 2/11/88

Reviewed 8/17/2020

Revised 8/17/2020, 9/19/22

102.E1 Equal Educational Opportunity Section 504 Notice of Nondiscrimination

102.E1 - Equal Educational Opportunity - Annual Notice of Nondiscrimination

The WACO Community School District offers career and technical programs in the following areas of study:

Family & Consumer Science, (FACS), Agriculture, Business, Health

It is the policy of the WACO Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Tim Bartels, 706 N. Pearl Street, Wayland, Iowa 52654, tim.bartels@wacocsd.org, 319-256-6200.

NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities under one employee. The Iowa Department of Education encourages districts to have no more than two (2) coordinators: one for employment and one for programs. If the district has more than one coordinator, publications of this policy and notifications must include the name, contact address, contact phone number and email address for each coordinator.

I.C. Iowa Code

Description

Iowa Code § 216.6

Iowa Code § 216.9

Iowa Code § 256.11

Iowa Code § 280.3

I.A.C. Iowa Administrative Code

Description

281 I.A.C. 12

U.S.C - United States Code

Description

20 U.S.C. §§ 1221

20 U.S.C. §§ 1681

20 U.S.C. §§ 1701

29 U.S.C. § 206

29 U.S.C. §§ 794

42 U.S.C. § 12101

42 U.S.C. § 2000d

42 U.S.C. § 2000e

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. Pt. 100

34 C.F.R. Pt. 104

Cross References

Code

Description

101

104

Anti-Bullying/Harassment Policy - Investigation Procedures

104-R(1)

104-E(1)

Anti-Bullying/Harassment Policy - Witness Disclosure Form

104-E(2)

104-E(3)

Anti-Bullying/Harassment Policy - Disposition of Complaint Form

401.01

502.03

Student Expression and Student Publications Code - Regulation

502.03-R(1)

506.01

506.01-R(1)

Education Records Access - Request of Nonparent for Examination or Copies of Education Records

506.01-E(1)

506.01-E(2)

Education Records Access - Authorization for Release of Education Records

506.01-E(3)

Education Records Access - Request for Hearing on Correction of Education Records

506.01-E(4)

Education Records Access - Request for Examination of Education Records

506.01-E(5)

Education Records Access - Notification of Transfer of Education Records

506.01-E(6)

Education Records Access - Letter to Parent Regarding Receipt of a Subpoena

506.01-E(7)

Education Records Access - Juvenile Justice Agency Information Sharing Agreement

506.01-E(8)

603.01

603.04

Buildings & Sites Adaptation for Persons with Disabilities

802.05

Revised: 9/19/22

102.E2 Equal Educational Opportunity - Continuous Notice of Nondiscrimination

EDUCATIONAL PHILOSOPHY

102.E2 - EQUAL EDUCATIONAL OPPORTUNITY - CONTINUOUS NOTICE OF NONDISCRIMINATION

It is the policy of the WACO Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Tim Bartels, 706 N. Pearl Street, Wayland, Iowa 52654, 319-256-6200, tim.bartels@wacocsd.org.

NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities under one employee. The Iowa Department of Education encourages districts to have no more than two (2) coordinators: one for employment and one for programs. If the district has more than one coordinator, publications of this policy and notifications must include the name, contact address, contact phone number and email address for each coordinator.

I.C. Iowa Code

Description

Iowa Code § 216.6

Iowa Code § 216.9

Iowa Code § 256.11

Iowa Code § 280.3

I.A.C. Iowa Administrative Code

Description

281 I.A.C. 12

U.S.C - United States Code

Description

20 U.S.C. §§ 1221

20 U.S.C. §§ 1681

20 U.S.C. §§ 1701

29 U.S.C. § 206

29 U.S.C. §§ 794

42 U.S.C. § 12101

42 U.S.C. § 2000d

42 U.S.C. § 2000e

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. Pt. 100

34 C.F.R. Pt. 104

Cross References

Code

Description

101

104

Anti-Bullying/Harassment Policy - Investigation Procedures

104-R(1)

104-E(1)

Anti-Bullying/Harassment Policy - Witness Disclosure Form

104-E(2)

104-E(3)

Anti-Bullying/Harassment Policy - Disposition of Complaint Form

401.01

502.03

Student Expression and Student Publications Code - Regulation

502.03-R(1)

506.01

506.01-R(1)

Education Records Access - Request of Nonparent for Examination or Copies of Education Records

506.01-E(1)

506.01-E(2)

Education Records Access - Authorization for Release of Education Records

506.01-E(3)

Education Records Access - Request for Hearing on Correction of Education Records

506.01-E(4)

Education Records Access - Request for Examination of Education Records

506.01-E(5)

Education Records Access - Notification of Transfer of Education Records

506.01-E(6)

Education Records Access - Letter to Parent Regarding Receipt of a Subpoena

506.01-E(7)

Education Records Access - Juvenile Justice Agency Information Sharing Agreement

506.01-E(8)

603.01

603.04

Buildings & Sites Adaptation for Persons with Disabilities

802.05

Revised: 9/19/22

102.E3 SECTION 504 STUDENT AND PARENTAL RIGHTS

EDUCATIONAL PHILSOPOHY

102.E3 - SECTION 504 STUDENT AND PARENT RIGHTS

The WACO Community School District does not discriminate in its educational programs and activities on the basis of a student's disability. It has been determined that your child has a qualifying disability for which accommodations may need to be made to meet his or her individual needs as adequately as the needs of other students. As a parent, you have the right to the following:

Participation of your child in school district programs and activities, including extracurricular programs and activities, to the maximum extent appropriate, free of discrimination based upon the student's disability and at the same level as students without disabilities;
Receipt of free educational services to the extent they are provided students without disabilities:
Receipt of information about your child and your child's educational programs and activities in your native language;
Notice of identification of your child as having a qualifying disability for which accommodations may need to be made and notice prior to evaluation and placement of your child and right to periodically request a re-evaluation of your child;
Inspect and review your child's educational records including a right to copy those records for a reasonable fee; you also have a right to ask the school district to amend your child's educational records if you feel the information in the records is misleading or inaccurate; should the school district refuse to amend the records, you have a right to a hearing and to place an explanatory letter in your child's file explaining why you feel the records are misleading or inaccurate; and
Hearing before an impartial hearing officer if you disagree with your child's evaluation or placement; you have a right to counsel at the hearing and have the decision of the impartial hearing officer reviewed.

It is the policy of the WACO Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Tim Bartels, 706 N. Pearl St, Wayland, IA 52654, 319-256-6200, tim.bartels@wacocsd.org.

I.C. Iowa Code

Description

Iowa Code § 216.6

Iowa Code § 216.9

Iowa Code § 256.11

Iowa Code § 280.3

I.A.C. Iowa Administrative Code

Description

281 I.A.C. 12

U.S.C - United States Code

Description

20 U.S.C. §§ 1221

20 U.S.C. §§ 1681

20 U.S.C. §§ 1701

29 U.S.C. § 206

29 U.S.C. §§ 794

42 U.S.C. § 12101

42 U.S.C. § 2000d

42 U.S.C. § 2000e

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. Pt. 100

34 C.F.R. Pt. 104

Cross References

Code

Description

101

104

Anti-Bullying/Harassment Policy - Investigation Procedures

104-R(1)

104-E(1)

Anti-Bullying/Harassment Policy - Witness Disclosure Form

104-E(2)

104-E(3)

Anti-Bullying/Harassment Policy - Disposition of Complaint Form

401.01

502.03

Student Expression and Student Publications Code - Regulation

502.03-R(1)

506.01

506.01-R(1)

Education Records Access - Request of Nonparent for Examination or Copies of Education Records

506.01-E(1)

506.01-E(2)

Education Records Access - Authorization for Release of Education Records

506.01-E(3)

Education Records Access - Request for Hearing on Correction of Education Records

506.01-E(4)

Education Records Access - Request for Examination of Education Records

506.01-E(5)

Education Records Access - Notification of Transfer of Education Records

506.01-E(6)

Education Records Access - Letter to Parent Regarding Receipt of a Subpoena

506.01-E(7)

Education Records Access - Juvenile Justice Agency Information Sharing Agreement

506.01-E(8)

603.01

603.04

Buildings & Sites Adaptation for Persons with Disabilities

802.05

Revised: 9/19/22

102.E4 DISCRIMINATION COMPLAINT FORM

EDUCATIONAL PHILOSOPHY

102.E4 - DISCRIMINATION COMPLAINT FORM

Uploaded Files:

102.e4_form.pdf

102.E5 - WITNESS DISCLOSURE FORM

EDUCATIONAL PHILOSOPHY

102.E5 - WITNESS DISCLOSURE FORM

Uploaded Files:

102.e5_form.pdf

102.E6 - DISPOSITION OF COMPLAINT FORM

EDUCATIONAL PHILOSOPHY

102.E6 - DISPOSITION OF COMPLAINT FORM

Uploaded Files:

102.e6_form.pdf

102.R1 Equal Educational Opportunity Grievance Procedure

EDUCATIONAL PHILOSOPHY

102.R1 - Equal Educational Opportunity General Grievance Procedures

It is the policy of the WACO Community School District not to discriminate on the basis of race, color, national origin, sex, disability, religion, creed, age (for employment), marital status (for programs), sexual orientation, gender identity and socioeconomic status (for programs) in its educational programs and its employment practices. There is a grievance procedure for processing complaints of discrimination. If you have questions or a grievance related to this policy please contact Superintendent of Schools, 706 N. Pearl Street, Wayland, Iowa 52654, 319-256-6201. Office hours are 8:00 AM - 4:00 PM.

Students, parents of students, employees, and applicants for employment in the school district have the right to file a formal complaint alleging discrimination. The district has policies and procedures in place to identify and investigate complaints alleging discrimination. If appropriate, the district will take steps to prevent the recurrence of discrimination and to correct its discriminatory effects on the Complainant and others.

A Complainant may attempt to resolve the problem informally by discussing the matter with a building principal or a direct supervisor. However, the Complainant has the right to end the informal process at any time and pursue the formal grievance procedures outlined below. Use of the informal or formal grievance procedure is not a prerequisite to the pursuit of other remedies. Please note that informal processes and procedures are not to be used in certain circumstances (e.g., sexual harassment and sexual assault).

Filing a Complaint
A Complainant who wishes to avail himself/herself of this grievance procedure may do so by filing a complaint with the equity coordinator(s). An alternate will be designated in the event it is claimed that the equity coordinator or superintendent committed the alleged discrimination or some other conflict of interest exists. Complaints shall be filed within 30 days of the event giving rise to the complaint or from the date the Complainant could reasonably become aware of such occurrence. The Complainant will state the nature of the complaint and the remedy requested. The equity coordinator(s) shall assist the Complainant as needed.

Investigation
Within 15 working days, the equity coordinator will begin the investigation of the complaint or appoint a qualified person to undertake the investigation (hereinafter “equity coordinator”). If the Complainant is under 18 years of age, the equity coordinator shall notify his or her parent(s)/guardian(s) that they may attend investigatory meetings in which the Complainant is involved. The complaint and identity of the Complainant, Respondent, or witnesses will only be disclosed as reasonably necessary in connection with the investigation or as required by law or policy. The investigation may include, but is not limited to the following:

A request for the Complainant to provide a written statement regarding the nature of the complaint;
A request for the individual named in the complaint to provide a written statement;
A request for witnesses identified during the course of the investigation to provide a written statement;
Interviews of the Complainant, Respondent, or witnesses;
An opportunity to present witnesses or other relevant information; and
Review and collection of documentation or information deemed relevant to the investigation.

Within 60 working days, the equity coordinator shall complete the investigation and issue a report with respect to the findings.

The equity coordinator shall notify the Complainant and Respondent of the decision within 5 working days of completing the written report. Notification shall be by U.S. mail, first class.

Decision and Appeal
The complaint is closed after the equity coordinator has issued the report, unless within 10 working days after receiving the decision, either party appeals the decision to the superintendent by making a written request detailing why he/she believes the decision should be reconsidered. The equity coordinator shall promptly forward all materials relative to the complaint and appeal to the superintendent. Within 30 working days, the superintendent shall affirm, reverse, amend the decision, or direct the equity coordinator to gather additional information. The superintendent shall notify the Complainant, Respondent, and the equity coordinator of the decision within 5 working days of the decision. Notification shall be by U.S. mail, first class.

The decision of the superintendent shall be final.

The decision of the superintendent in no way prejudices a party from seeking redress through state or federal agencies as provided by in law.

This policy and procedures are to be used for complaints of discrimination, in lieu of any other general complaint policies or procedures that may be available.

If any of the stated timeframes cannot be met by the district, the district will notify the parties and pursue completion as promptly as possible.

Retaliation against any person, because the person has filed a complaint or assisted or participated in an investigation, is prohibited. Persons found to have engaged in retaliation shall be subject to discipline by appropriate measures.

NOTE: A school district may have a different coordinator for each law or consolidate the responsibilities under one employee. The Iowa Department of Education encourages districts to have no more than two (2) coordinators: one for employment and one for programs. If the district has more than one coordinator, publications of this policy and notifications must include the name, contact address, contact phone number and email address for each coordinator.

NOTE: The sample grievance procedures include an appeal process that ends with the superintendent. If the board chooses to have a different practice that involves the board in these grievance procedures, the procedures should be updated to reflect this practice.

NOTE: The Office for Civil Rights requires that the procedures must designate reasonably prompt time frames for the major stages of the complaint process. The number listed in the italic brackets for each stage includes suggested time frames based on guidance from both the United States Office for Civil Rights and the Iowa Department of Education. Districts should ensure that the time frames selected are reasonable for the individual district.

NOTE: Some conduct that falls under a school’s equal educational opportunity policy also may trigger responsibilities under the state’s anti-bullying/anti-harassment laws. By limiting the response to a specific application of its equal educational opportunity policy and the accompanying grievance procedures, a school may fail to properly consider whether the alleged conduct also results in bullying and/or harassment.

I.C. Iowa Code

Description

Iowa Code § 216.6

Iowa Code § 216.9

Iowa Code § 256.11

Iowa Code § 280.3

I.A.C. Iowa Administrative Code

Description

281 I.A.C. 12

U.S.C - United States Code

Description

20 U.S.C. §§ 1221

20 U.S.C. §§ 1681

20 U.S.C. §§ 1701

29 U.S.C. § 206

29 U.S.C. §§ 794

42 U.S.C. § 12101

42 U.S.C. § 2000d

42 U.S.C. § 2000e

C.F.R. - Code of Federal Regulations

Description

34 C.F.R. Pt. 100

34 C.F.R. Pt. 104

Cross References

Code

Description

101

104

Anti-Bullying/Harassment Policy - Investigation Procedures

104-R(1)

104-E(1)

Anti-Bullying/Harassment Policy - Witness Disclosure Form

104-E(2)

104-E(3)

Anti-Bullying/Harassment Policy - Disposition of Complaint Form

401.01

502.03

Student Expression and Student Publications Code - Regulation

502.03-R(1)

506.01

506.01-R(1)

Education Records Access - Request of Nonparent for Examination or Copies of Education Records

506.01-E(1)

506.01-E(2)

Education Records Access - Authorization for Release of Education Records

506.01-E(3)

Education Records Access - Request for Hearing on Correction of Education Records

506.01-E(4)

Education Records Access - Request for Examination of Education Records

506.01-E(5)

Education Records Access - Notification of Transfer of Education Records

506.01-E(6)

Education Records Access - Letter to Parent Regarding Receipt of a Subpoena

506.01-E(7)

Education Records Access - Juvenile Justice Agency Information Sharing Agreement

506.01-E(8)

603.01

603.04

Buildings & Sites Adaptation for Persons with Disabilities

802.05

Approved 2/9/84

Reviewed 8/17/2020

Revised 8/17/2020, 9/19/22

102.R2 Title IX Grievance Procedures

I. REPORTING SEX DISCRIMINATION

Any person may report sex discrimination, including sexual harassment, to the Title IX Coordinator. A report may be made whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment. A report may be made in person, by mail, by telephone, by electronic mail, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report. Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address, listed below for the Title IX Coordinator.

Tim Bartels

Title IX Coordinator

706 N Pearl St, Wayland, IA 52654

319-256-6200

tim.bartels@wacocsd.org

The District, through its Title IX Coordinator, will respond promptly, reasonably, and equitably to all reports of sex discrimination, including sexual harassment, occurring in its educational programs or activities and against a person in the United States.

For purposes of this procedure, “complainant” is defined as an individual who is alleged to be the victim of conduct that could constitute sexual harassment, and the term “respondent” is defined as an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

For purposes of this procedure, “sexual harassment” means conduct on the basis of sex that involves:

A District employee conditioning District aid, benefits, or services on an individual’s participation in unwelcome sexual conduct;
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity; or
Sexual assault, dating violence, domestic violence, or stalking as defined by the statutes cited in 34 C.F.R. § 106.30.

For purposes of this procedure, “education program or activity” includes locations, events, or circumstances over which the District exercised substantial control over both the respondent and the context in which the sexual harassment occurs.

In response to any report of sex discrimination, the Title IX Coordinator will promptly contact the complainant to discuss the availability of supportive measures. Supportive measures are available with or without filing a formal complaint. The Title IX Coordinator will also consider the complainant’s wishes with respect to supportive measures, inform the complainant of the availability of supportive measures with or without the filing of a formal complaint, and explain to the complainant the process for filing a formal complaint.

II. SUPPORTIVE MEASURES

The range of supportive measures available to complainants and respondents may include:

counseling,
extensions of deadlines or other course-related adjustments,
modifications of work or class schedules,
campus escort services,
mutual restrictions on contact between the parties,
changes in work or housing locations,
leaves of absence,
increased security and monitoring of certain areas of the campus,
and other similar measures as deemed appropriate by the Title IX Coordinator after considering the wishes of complainant and the facts and circumstances of the complaint.

The District will maintain as confidential any supportive measures provided to the complainant or respondent, to the extent that maintaining such confidentiality would not impair the ability of the District to provide the supportive measures.

III. SANCTIONS

Disciplinary sanctions cannot be imposed against a respondent unless a formal complaint is filed, and the grievance procedure described below is completed. Possible disciplinary sanctions that may be implemented following a determination of responsibility include but are not limited to any of the student disciplinary measures described in this Policy Handbook, up to and including expulsion.

IV. GRIEVANCE PROCESS FOR FORMAL COMPLAINTS OF SEXUAL HARASSMENT

Title IX Grievance Process Generally

The District will apply this Title IX Grievance process whenever a formal complaint of sexual harassment is filed with the Title IX Coordinator. A “formal complaint of sexual harassment” is any document filed by a person alleging to be victim of conduct that could constitute sexual harassment (“complainant”) or signed by the Title IX Coordinator. It does not need to be filed in paper form. It also does not need to be signed by the complainant, but it must indicate that the complainant is the person filing the complaint.

The grievance process is designed to restore or preserve a complainant’s and respondent’s equal access to the District’s education programs and activities. Remedies may include supportive measures for the complainant as well as disciplinary sanctions against the respondent.

In investigating and resolving formal complaints under this grievance process, the District will observe the following requirements:

The District shall evaluate all relevant evidence—including both inculpatory and exculpatory evidence. The District will not judge a person’s credibility based on their status as a complainant, respondent, or witness. Furthermore, the district will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

The Title IX Coordinator and any person designated as an investigator, initial decision-maker, appellate decision-maker, or informal resolution facilitator will promote an impartial investigation and adjudication, will not have a conflict of interest with any party to the complaint, and will not hold a bias for or against any party to the complaint. They will not rely on sex stereotypes in performing their duties under this procedure. These persons shall also be appropriately trained regarding this grievance procedure, necessary technology, and applicable laws and regulations.

The respondent to a formal complaint of sexual harassment is presumed not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process. The standard of proof for determining responsibility will be a preponderance of the evidence. This standard shall apply whether the respondent is a student or an employee.

The District has prescribed procedural deadlines throughout the grievance process in order to ensure the reasonably prompt resolution of a complaint, including reasonably prompt resolution of any appeal and any informal resolution procedures. However, the District may permit a temporary delay of the grievance process or the limited extension of these deadlines for good cause. Good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. A written request for a delay or extension of such deadlines may be submitted to the Title IX Coordinator by either party prior to the lapse of the applicable deadline. Whether to grant an extension of time is a discretionary decision of the Title IX Coordinator and is not a basis for appeal.

Notice of Allegations

Within five (5) days after receiving of a formal complaint, the District will provide a written Notice of Allegations to the parties who are known. In addition to other information required by law, the Notice of Allegations will include a description of this grievance process, including any informal resolution process; the names of the parties involved in the incident; a statement of the conduct allegedly constituting sexual harassment; and the date and location of the alleged incident, if known.

Administrative Dismissal

The District will dismiss a formal complaint if, at any time following the receipt of a formal complaint, the District determines that:

the conduct alleged would not constitute “sexual harassment” as defined by this policy even if proved,
the conduct alleged did not occur in the district’s educational program or activity,
the conduct alleged did not occur against a person in the United States,
the complainant notifies Title IX Coordinator in writing of desire to withdraw formal complaint,
the respondent is no longer enrolled or employed by the District, or
specific circumstances prevent the District from gathering evidence sufficient to reach a determination.

The District will promptly notify the parties of an administrative dismissal and the reason for the dismissal.

Informal Resolution

Some formal complaints may be resolved through an informal resolution process. If the parties agree to participate in an informal resolution process, the Title IX Coordinator work with parties to reach a mutually agreeable resolution without completing the full Title IX grievance procedure. The informal resolution process is voluntary process and may be attempted at any stage of this procedure prior to the issuance of a determination of responsibility. A party shall not be punished or disadvantaged in any way for declining to participate in an informal resolution process.

The manner of the informal resolution process will be determined on a case-by-case basis by the Title IX Coordinator, who will consider the suggestions of the parties. The informal resolution process may include but is not limited to a conference with the Title IX coordinator or a mediation facilitated by a trained third-party. Before an informal resolution process is commenced, the Title IX Coordinator will provide a written notice disclosing the manner of the informal resolution process, the effects of the process on the formal grievance procedure, and the rights of the parties to withdraw from the informal resolution process. The parties must then consent to the informal resolution process in writing.

At any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

Informal resolution is NOT available for formal complaints alleging an employee sexually harassed a student. Additionally, the District cannot facilitate an informal resolution between a complainant and respondent unless a formal complaint has been filed.

Investigation of the Complaint

It is the District’s duty to gather evidence sufficient to make a determination of responsibility with respect to each of the allegations described in the Notice of Allegations. The Title IX Coordinator or an impartial individual designated by the Title IX Coordinator will perform the investigation, which may include interviewing the parties and other witnesses; obtaining documents, data, or other materials; and reviewing any other evidence related to the allegations of the formal complaint. The investigator will not access or consider a party’s medical or mental health records without written consent from the party or the party’s parent, as required by law. The parties will be allowed an equal opportunity to provide additional evidence to the investigator or refer the investigator to additional witnesses.

The District shall not prohibit the parties from discussing the allegations of the formal complaint or gathering and presenting additional evidence to the investigator. Furthermore, either party is entitled to the presence of an advisor—who may or may not be an attorney—during any investigative interview or other grievance proceeding for which the party’s attendance is invited or required. The party and their advisor will be provided written notice of the date, time, and location of any such proceeding and reasonable time to prepare to participate. However, the District may, at its discretion, limit equally for both parties the extent of the advisor’s participation.

Unless additional time for a full and fair investigation is deemed necessary by the Title IX Coordinator, the investigator, or granted to a party upon a showing of good cause, the District will strive to complete its investigation within sixty (60) days after receiving of a formal complaint. At the conclusion of the investigation, the District will provide both parties and any advisors a copy of all evidence gathered by the District that is directly related to the allegations in the formal complaint for inspection and review. The evidence may be provided to the parties in electronic or paper form. Both parties will be allowed ten (10) days to submit a written response to the evidence gathered. After considering any written responses, the investigator will provide the parties and their advisors with a written Investigative Report that fairly summarizes the relevant evidence.

The parties will be allowed an additional ten (10) days to submit a written response to the Investigative Report prior to any determination of responsibility. The District will also allow each party an opportunity to submit written, relevant questions that a party wants asked of any party or witness; provide each party with the answers; and allow for additional, limited follow-up questions from each party. Questions about a complainant’s sexual predisposition or prior sexual behavior are not allowed unless such questions are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

Determination of Responsibility

The Title IX Coordinator will designate a decision-maker to review the Investigative Report as well as any written responses, questions, and answers submitted with regard to the Investigative Report. The decision-maker must be a different person than the Title IX Coordinator and the investigator. The Title IX Coordinator shall designate an individual who has received appropriate training as the decision-maker for all Title IX grievances.

The decision-maker will issue a reasonably prompt written determination of responsibility regarding the allegations listed in the Notice of Allegations, which will include all information required by law. This determination will be based on the Investigative Report and any responses, questions, and answers submitted. The written determination will be provided simultaneously to both parties. The Title IX Coordinator will be responsible for effective implementation of any remedies imposed by the decision-maker.

Appeals

Either party may appeal a determination regarding responsibility or the administrative dismissal of a formal complaint by filing a written request for appeal with the Title IX Coordinator within five (5) days after receiving notice of the determination or dismissal. The request must state the basis for the appeal, which must be one of the following grounds:

Procedural irregularity that affected the outcome of the matter;
New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias that affected the outcome of the matter.

An appeal that is not based on one of the foregoing grounds will be administratively dismissed. Likewise, an untimely appeal will be administratively dismissed unless there is good cause for the filing delay. Whether good cause exists is in the discretion of the Title IX Coordinator.

The Title IX Coordinator will notify the other party in writing that an appeal has been filed and will designate an appellate decision-maker to decide the appeal who must not be the complaint investigator, the Title IX Coordinator, or the same person who reached the determination regarding responsibility or dismissal below. The Title IX Coordinator shall designate an individual who has received appropriate training as the appellate decision-maker for all Title IX grievances.

Both parties will be allowed ten (10) days following the notice of appeal to submit a written statement to the appellate decision-maker supporting or opposing the outcome below. The appellate decision-maker will consider these statements as well as the Investigative Report and any questions, and answers submitted to the initial decision-maker. The appellate decision-maker will then issue a written decision describing the result of the appeal and the rationale in a reasonably prompt manner. The decision will be provided to the parties simultaneously.

V. RECORDKEEPING AND CONFIDENTIALITY

For a period of seven (7) years, the District will retain the records of each sexual harassment investigation, including any written initial or appellate determination; any documentation regarding any disciplinary sanctions or remedies imposed; and any informal resolution and the result thereof. The District will also retain all materials used to train the District personnel involved in administering this grievance procedure. The District will also retain for a period of seven (7) years records of any actions, including supportive measures, taken in response to a report of sexual harassment that is not filed as a formal complaint.

The District will keep confidential the identity of any individual who has made a report or complaint of sexual harassment, any individual who has been reported for sexual harassment, any respondent, and any witness, except as necessary to carry out this grievance procedure and to satisfy the District’s duties under the Family Educational Rights and Privacy Act (FERPA) or any other applicable law.

VI. RETALIATION

Intimidating, threatening, coercing, discriminating, or otherwise retaliating against any individual because they have made a report or complaint, testified, assisted, or participated or refused to participate in an investigation, proceeding, or hearing under this policy is prohibited.

Legal Reference: 34 C.F.R. Part 106 (2020).

103 Educational and Operational Planning

EDUCATIONAL PHILOSOPHY

103 - LONG-RANGE NEEDS ASSESSMENT

Long-range needs assessment enables the school district to analyze assessment data, get feedback from the community about its expectations of students, and determine how well students are meeting student learning goals. At least every five years the board shall conduct an in-depth needs assessment, soliciting information from business, labor, industry, higher education and community members, regarding their expectations for adequate student preparation.

In conjunction with the in-depth needs assessment of the school district, the board shall authorize the appointment of a committee, representing administrators, employees, parents, students and community members, to make recommendations and assist the board in determining the priorities of the school district in addition to the basic skills areas of the education program.

The committee will be called the School Improvement Advisory Committee and will meet periodically throughout the school year.

It is the responsibility of the superintendent to ensure the school district community is informed of students’ progress on state and locally determined indicators. The superintendent shall report annually to the board about the means used to keep the community informed.

As a result of the board and committee's work, the board shall determine major educational needs and rank them in priority order; develop long-range goals and plans to meet the needs; establish and implement short-range and intermediate-range plans to meet the goals and to attain the desired levels of student performance; evaluate progress toward meeting the goals and maintain a record of progress under the plan that includes reports of student performance and results of school improvement projects; and annually report the school district's progress made under the plan to the committee, community and Iowa Department of Education.

Legal Reference: Iowa Code §§ 21; 256.7(4); 280.12, .18 (2001).

281 I.A.C. 12.8(1)(b).

Cross Reference: 101 Educational Philosophy of the School District

200 Legal Status of the Board of Directors

208 Ad Hoc Committees

603.1 Basic Instruction Program

801.1 Buildings and Sites Long-Range Planning

801.2 Buildings and Sites Surveys

Approved: 6/17/99

Revised: 05/23/01, 9/19/22

Reviewed: 5/16/16

103.R1 Long Range Needs Assessment

EDUCATIONAL PHILOSOPHY

103 R1 - LONG-RANGE NEEDS ASSESSMENT

School districts also need to develop a process for long-range needs assessment. The process needs to include three items.

Provisions for collecting, analyzing and reporting information derived from local, state and national sources;

Provisions for reviewing information acquired on the following:

state indicators and other locally determined indicators,

locally established student learning goals,

specific data collection required by state and federal programs;

Provisions for collecting and analyzing assessment data on the following:

state indicators,

locally determined indicators,

locally established student learning goals.

Approved: 12/15/08

Revised: 12/15/08

Reviewed: 5/16/16, 9/19/22

104 Anti-Bullying/Harrassment Policy

EDUCATIONAL PHILOSOPHY

104 - ANTI-BULLYING/HARASSMENT POLICY

The WACO Community School District is committed to providing all students, employees, and volunteers with a safe and civil school environment in which all members of the school community are treated with dignity and respect. Bullying and/or harassing behavior can seriously disrupt the ability of school employees to maintain a safe and civil environment, and the ability of students to learn and succeed.
Bullying and/or harassment of or by students, employees, and volunteers is against federal, state, and local policy and is not tolerated by the board.

Accordingly, school employees, volunteers, and students shall not engage in bullying or harassing behavior while on school property, while on school-owned or school-operated vehicles, while attending or participating in school-sponsored or sanctioned activities, and while away from school grounds if the conduct materially interferes with the orderly operation of the educational environment or is likely to do so.

Complaints may be filed with the superintendent or superintendent’s designee pursuant to the regulation accompanying this policy. The superintendent is responsible for implementation of this policy and all accompanying procedures. Complaints will be investigated within a reasonable time frame. Within 24 hours of receiving a report that a student may have been the victim of conduct that constitutes bullying and/or harassment, the district will notify the parent or guardian of the student.

If as a result of viewing surveillance system data or based on a report from a school district employee, the district determines that a student has suffered bullying or harassment by another student enrolled in the district, a parent or guardian of the student may enroll the student in another attendance center within the district that offers classes at the student’s grade level, subject to the requirements and limitations established in Iowa law related to this topic.

A school employee, volunteer, or student, or a student’s parent or guardian who promptly, reasonably, and in good faith reports an incident of bullying or harassment, in compliance with the procedures in the regulation, to the appropriate school official designated by the school district, shall be immune from civil or criminal liability relating to such report and to participation in any administrative or judicial proceeding resulting from or relating to the report.

Retaliation Prohibited
Individuals who knowingly file false bullying or harassment complaints and any person who gives false statements in an investigation may be subject to discipline by appropriate measures.

Any student found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, suspension and expulsion. Any school employee found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, termination of employment. Any school volunteer found to have violated or retaliated in violation of this policy shall be subject to measures up to, and including, removal from service and exclusion from school grounds.

Definitions
For the purposes of this policy, the defined words shall have the following meaning:

“Electronic” means any communication involving the transmission of information by wire, radio, optic cable, electromagnetic, or other similar means. “Electronic” includes but is not limited to communication via electronic mail, internet-based communications, pager service, cell phones, and electronic text messaging.
“Harassment” and “bullying” mean any repeated or potentially repeated electronic, written, verbal, or physical act or other ongoing conduct toward an individual based on any trait or characteristic of the individual which creates an objectively hostile school environment that meets one or more of the following conditions:
1. Places the individual in reasonable fear of harm to the individual’s person or property.
2. Has a substantial detrimental effect on the individual’s physical or mental health.
3. Has the effect of substantially interfering with the individual’s academic or career performance. Has the effect of substantially interfering with the individual’s ability to participate in or benefit from the services, activities, or privileges provided by a school.
“Trait or characteristic of the individual” includes but is not limited to age, color, creed, national origin, race, religion, marital status, sex, sexual orientation, gender identity, physical attributes, physical or mental ability or disability, ancestry, political party preference, political belief, socioeconomic status, or familial status.
“Volunteer” means an individual who has regular, significant contact with students.

Publication of Policy
The board will annually publish this policy. The policy may be publicized by the following means:

Inclusion in the student handbook,
Inclusion in the employee handbook
Inclusion in the registration materials
Inclusion on the school or school district’s web site

NOTE: This is a mandatory policy. School districts are required to integrate the anti-bullying and anti-harassment policy into the comprehensive school improvement plan and shall collect and report data regarding instances of bullying and harassment as required by law.

NOTE: Some conduct that falls under a school’s anti-bullying/anti-harassment policy also may trigger responsibilities under one or more of the federal and state antidiscrimination laws. By limiting the response to a specific application of its anti-bullying/anti-harassment disciplinary policy and the accompanying procedures, a school may fail to properly consider whether the alleged conduct also results in discriminatory bullying and/or harassment.

Legal Reference:

20 U.S.C. §§ 1221-1234i.
29 U.S.C. § 794.
42 U.S.C. §§ 2000d-2000d-7.
42 U.S.C. §§ 12101 2et. seq.
Iowa Code §§ 216.9; 280.28; 280.3.
281 I.A.C. 12.3(6).
Morse v. Frederick, 551 U.S. 393 (2007)

I.C. Iowa Code

Description

Iowa Code § 216.9

Harassment and Bullying Prohibited

Iowa Code § 280.28

Iowa Code § 280.3

I.A.C. Iowa Administrative Code

Description

281 I.A.C. 12.3

Administration

U.S.C - United States Code

Description

20 U.S.C. §§ 1221

29 U.S.C. §§ 794

42 U.S.C. § 12101

42 U.S.C. § 2000d

Equal Educational Opportunity

U.S. Supreme Court

Description

551 U.S. 393

Morse v Frederick (2007)

Cross References

Code

Description

102

102-R(1)

Equal Educational Opportunity - Grievance Procedure

102-EH(1)

Equal Educational Opportunity - Annual Notice of Nondiscrimination

102-EH(2)

Equal Educational Opportunity - Continuous Notice of Nondiscrimination

102-EH(3)

Equal Educational Opportunity - Notice of Section 504 Student and Parental Rights

102-E(4)

Equal Educational Opportunity - Discrimination Complaint Form

102-E(5)

Equal Educational Opportunity - Witness Disclosure Form

102-E(6)

Equal Educational Opportunity - Disposition of Complaint Form

401.01