EDL 276 FBLA: Student and Staff Handbook Review

EDL 276 FBLA: Student and Staff Handbook Review

Kyle Reeping
Drake University

EDL 276 FBLA: Student and Staff Handbook Review

Abstract
For my handbook reviews I chose the student handbook from Anywhere High School in
Anywhere, IA and the staff handbook of Hometown Middle School from Hometown, IA. These
handbooks provided a glimpse to what types of issues schools go over in their handbooks for
both staff and students. The two districts that these handbooks came from, both have larger
populations for Iowa, which is where I have all of my educational experience at this time. For the
subject matter that I delved into, I used two examples from the student handbook and one
example from the staff handbook. To research the topics, I used websites that stated or
summarized case law, and the textbook, School Law and the Public Schools by Nathan Essex.

EDL 276 FBLA: Student and Staff Handbook Review

Main Body
Student Handbook:
Student Publications and Censorship:
Current Policies
None at this time.
Reason for Change:
This topic is not currently addressed in the Anywhere High School Student Handbook.
Thus, I will be creating an addendum that outlines expectations that shall be followed in order to
maintain the purpose and intent of public education relating to publications and censorship. The
following cases were used in the creation of this addition; Hazelwood School District v.
Kuhlmeier (1988) and Bystrom v. Fridley High School (1987).
Case Law:
Hazelwood:
The following excerpts come from Skelton 2015: First Amendment rights of students in
the public schools are not automatically coextensive with the rights of adults in other
settings, and must be applied in light of the special characteristics of the school
environment. A school need not tolerate student speech that is inconsistent with its basic
educational mission, even though the government could not censor similar speech outside
the school.
The standard for determining when a school may punish student expression that happens
to occur on school premises is not the standard for determining when a school may refuse
to lend its name and resources to the dissemination of student expression. Tinker v. Des
Moines Independent Community School Dist., distinguished. Educators do not offend the

EDL 276 FBLA: Student and Staff Handbook Review

First Amendment by exercising editorial control over the style and content of student
speech in school-sponsored expressive activities, so long as their actions are reasonably
related to legitimate pedagogical concerns.
The District Court concluded that school officials may impose restraints on students'
speech in activities that are "an integral part of the school's educational function'" -including the publication of a school-sponsored newspaper by a journalism class -- so
long as their decision has "`a substantial and reasonable basis.'"(Skelton 2015).
Bystrom:
The following excerpts of this Bystrom v. Fridley High School case come from Chief
Judge Alsop (1987): First amendment protections, however, are not absolute. Instead,
they must be "applied in the light of the special circumstances of the school
environment." Fraser, 106 S.Ct. at 3164; Tinker, 393 U.S. at 506, 89 S.Ct. at
736; Kuhlmeier, 795 F.2d at 1371. Thus school officials may regulate expression of
opinions which "materially and substantially interfere[s] with the requirements of
appropriate discipline in the operation of the school" or collides with the rights of
others. Tinker, 393 U.S. at 513, 89 S.Ct. at 740 (quoting Burnside v. Byars, (5th
Cir.1966)). Similarly, it is "perfectly appropriate" to impose sanctions "to make the point
to pupils that vulgar speech and lewd conduct is wholly inconsistent with the
`fundamental values' of public school education." Fraser, 106 S.Ct. at 3166.
As the Supreme Court made clear in Fraser, school officials may punish sexually explicit,
indecent, or lewd speech "to make the point to pupils that such speech is wholly
inconsistent with the `fundamental values' of public education." 106 S.Ct. at 3166. See
Bystrom I, at 753. Plainly, Tour de Farce contains language that is more sexually explicit,

EDL 276 FBLA: Student and Staff Handbook Review

indecent, and lewd than Fraser's strictly metaphorical speech. Thus the defendants acted
within their discretion in punishing the plaintiff students on this basis. (Bystrom v.
Fridley High School)
Suggested Revision:
Anywhere High School will allow students to distribute materials as long as it cant be
reasonably intended to cause a disturbance that takes away from our educational purpose. This
includes but is not limited to vulgarity, advocacy of violence, and age appropriate materials for
teenage students. Students are required to have any materials they wish to distribute on school
grounds checked by the Administration before it is distributed to the student body. Any school
publication will undergo the same test to ensure that students free speech is not infringed upon.
Any materials or publication that is removed will have a substantial and reasonable basis. Any
material or publication that is circulated without the Administrations approval may result in
disciplinary action.
Field Trips:
Current Policies
None at this time.
Reason for Change:
This topic is not currently addressed in the Anywhere High School Student Handbook.
Thus, I will be creating an addendum that outlines expectations that shall be followed in order to
create the understanding of what is expected from students and staff for field trips. I will use
standard of care, the district policy on the well-being of students, and King v. Kartenson (1986)
to help create a policy that states the expectation of students and parents during Field Trips.
Case Law:

EDL 276 FBLA: Student and Staff Handbook Review

Standard of care:
Essexs (2016) book described standard of care as follows: Standard of care requires that
school personnel exercise the same degree of care that other professional educators
holding similar positions would exercise under the same or similar conditions. This
standard of care will vary depending on particular circumstances. The level of care due
students changes based on the age, maturity, experience, and mental capacity of
students, as well as the nature of the learning activities in which they are involved. (p.
167-168)
District Policy:
The following policies come from the Anywhere Public Schools district website (2016):
The Board directs the District to make every effort to protect, improve, and maintain the
physical, emotional, and social well-being of students. This will include minimizing
environmental risks in the school setting, and maintaining standards of emergency care to
minimize the effects of accidents and illnesses on school premises. Opportunities should
be provided in the curricular and co-curricular program to promote sound health
practices, taking into consideration the availability of District resources.
The Board recognizes and supports the need for proper health and safety practices.
Appropriate personnel shall adhere to medication practices that meet safety standards and
comply with current legal mandates. District procedures and practices shall include
maintenance of written medication administration records and medication supplies in the
original labeled containers.
The Board also recognizes the Districts responsibilities to maintain appropriate
procedures to maintain the welfare of students. The Superintendent shall implement

EDL 276 FBLA: Student and Staff Handbook Review

appropriate procedures to address items such as mandatory reporting and non-school

personnel interviewing students while at school.
King:
The following quotes come from Judge Cantrell (1986): With these facts in mind we
examine the duty with which school teachers must comply. Teachers in local school
districts are not expected to be insurors of the safety of students while they are at school.
Roberts v. Robertson County Board of Education, 692 S.W.2d 863 (Tenn. App. 1985).
The standard of care is that of reasonable and ordinary care under the circumstances.
Hawkins County v. Davis, 216 Tenn. 262, 391 S.W.2d 658 (1965). This standard of care
varies according to the nature of the persons to whom the duty is owed and the
circumstances under which the parties find themselves. Roberts v. Robertson County
Board of Education, 692 S.W.2d 863 (Tenn. App. 1985). The extent to which a teacher
must supervise the activities of his or her students must be determined with reference to
the age and inexperience of the students, their maturity, and the dangers to which they
may be exposed. Townsley v. Yellow Cab Company, 145 Tenn. 91, 237 S.W. 58 (1922)
(King v. Kartanson).
Suggested Revision:
Anywhere High School will provide and train staff to show an appropriate standard of
care to students on Field Trips. Students will be expected to act in an age appropriate manner
while on a school sanctioned trip off of school grounds. Staff members will eliminate all possible
liabilities for students and their needs.
Faculty Handbook:
Use of Personal Technology:

EDL 276 FBLA: Student and Staff Handbook Review

Current Policies
E-mail- E-mail can be an effective method of communication with parents. Please check e-mail
frequently and respond to parents in a timely fashion. Remember all staff e-mail is considered
public record and can be requested for review at any time.
Telephone Use- Incoming calls will be answered in the office. Non-emergency phone messages
will be forwarded to voicemail. Emergency messages will be brought to your room. Please
refrain from cell phone use in the room if children are present. Cell phones should be silenced
and out of sight during class times unless being used for instruction.
Reason for Change:
This topic is currently addressed as it relates to the staffs email and cell phone policy for
employees. The email policy could be improved upon due to Schill v. Wisconsin Rapids School
District (2010). The policy on staff e-mail is in line with Iowas law on open records, but does
not state why open records are different in Iowa compared to other states. It would be prudent to
add to the current email policy to state why all e-mail is open record rather than leave the current
policy, which could be misinterpreted based off of other rulings, primarily Schill v. Wisconsin
Rapids School District (2010). In the cell phone policy it describes what times are appropriate for
staff to use their cell phones but not in what manner. I know that some school districts have
acceptable use policies that I feel that Hometown School District could add to help protect their
liability. However, at this time there doesnt seem to be Supreme Court cases that would support
or disapprove of a policy. The closest thing I found to seizing information without a warrant on a
mobile device was Riley v. California (2014). In that case, the plaintiffs case was deemed
correct by a unanimous decision by the Supreme Court. The plaintiff argued that warrantless cell
phone search violates the Fourth Amendment right to privacy. Using this case as an example, I

EDL 276 FBLA: Student and Staff Handbook Review

believe the school could only suggest Acceptable Use on their networks and machines. The
school district would be unable to discipline a staff member for their behaviors off their network
and on personal devices without a warrant from a law enforcement agency.
Case Law:
Code 22:
The following quotes were taken from Chapter 22: Examination of Public Records from
the Iowa Legislature (2016): The term "government body" means this state, or any
county, city, township, school corporation, political subdivision, tax-supported district,
nonprofit corporation other than a fair conducting a fair event as provided in chapter 174,
whose facilities or indebtedness are supported in whole or in part with property tax
revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D;
the governing body of a drainage or levee district as provided in chapter 468, including a
board as defined in section 468.3, regardless of how the district is organized; or other
entity of this state, or any branch, department, board, bureau, commission, council,
committee, official, or officer of any of the foregoing or any employee delegated the
responsibility for implementing the requirements of this chapter.
As used in this chapter, "public records" includes all records, documents, tape, or other
information, stored or preserved in any medium, of or belonging to this state or any
county, city, township, school corporation, political subdivision, nonprofit corporation
other than a fair conducting a fair event as provided in chapter 174, whose facilities or
indebtedness are supported in whole or in part with property tax revenue and which is
licensed to conduct pari-mutuel wagering pursuant to chapter 99D, or tax-supported

EDL 276 FBLA: Student and Staff Handbook Review

10

district in this state, or any branch, department, board, bureau, commission, council, or
committee of any of the foregoing. (Iowa Legislature)
Schill:
The summary of this case was summarized from information found in Wisconsin
Legislature and a brief on the website of Bakke & Normal Law Offices. This ruling found that in
Wisconsin, some personal e-mail on public employees professional e-mail isnt public record.
The basis of this finding was the fact that most private companies in Wisconsin allow their
employees to reasonable use their employers e-mail address for personalize use. What made this
case pertinent to school law, is the fact the ruling stated that even though the e-mails were sent
on a governmental e-mail system and devices they werent governmental business. Wisconsin
Rapids School District allowed for occasional personal e-mails to be made per their policy,
which allow also for this argument to be made. There was no alleged wrongdoing in the e-mail,
but it came down to how the open records law was interpreted. The Wisconsin Supreme Court
found that some personal e-mail is allowed on governmental e-mail systems and devices. In the
finding they sited flexible common-sense workplace policies as the basis for their ruling.
Suggested Revision:
E-Mail: E-mail can be an effective method of communication with parents. Please check e-mail
frequently and respond to parents in a timely fashion. Remember all staff e-mail whether
professional or personal is considered public record and can be requested for review at any time
based on Iowa Code 22.
Telephone Use: No revision is needed at this time.

EDL 276 FBLA: Student and Staff Handbook Review

11

References
Alsop. (n.d.). Bystrom v. Fridley High School. Retrieved March 31, 2016, from
http://www.leagle.com/decision/19872073686FSupp1387_11869/BYSTROM v. FRIDLEY
HIGH SCHOOL
Bradley, J., Gableman, J., Roggensack, J., & Ziegler, J. (2010, July 16). Karen Schill, Traci
Pronga, Kimberly Martin, Robert Dresser and Mark Larson, Plaintiffs-Appellants, v. Wisconsin
Rapids School District and Robert Crist, Defendants-Respondents, Don Bubolz, IntervenorRespondent. Retrieved March 31, 2016, from
https://www.wicourts.gov/sc/opinion/DisplayDocument.pdf?content=pdf&seqNo=52285
Cantrell. (n.d.). King by King v. Kartanson. Retrieved March 31, 2016, from
http://www.leagle.com/decision/1986785720SW2d65_1782/KING BY KING v. KARTANSON
Chapter 22 Examination of Public Records (Open Records). (n.d.). Retrieved March 31, 2016,
from https://coolice.legis.iowa.gov/coolice/default.asp?category=billinfo&service=iowacode&ga=83&input=22
Essex, N. L. (n.d.). School Law and the Public Schools (6th ed.). Upper Saddle River, NJ:
Pearson Education.
Riley v. California. (n.d.). Retrieved March 31, 2016, from https://www.oyez.org/cases/2013/13132
Series 500- Students. (n.d.). Retrieved March 31, 2016, from
http://www.dmschools.org/board/administrative-policies-and-procedures/series-500/
Skelton, C. (n.d.). Hazelwood Sch. Dist. v. Kuhlmeier 484 U.S. 260 (1988). Retrieved March 31,
2016, from https://supreme.justia.com/cases/federal/us/484/260/case.html

EDL 276 FBLA: Student and Staff Handbook Review

12

Supreme Court Rules Personal Emails Not Subject to Open Records Requests. (2010, August
31). Retrieved March 31, 2016, from http://www.bakkenorman.com/municipal-law-alert-august2010/