Running head: Drake Edl 276 FBLA 1

EDL 276: Applications of School Law, Mandates and Policies

Greg Marshall
Drake University

Drake Edl 276 FBLA 2

EDL 276: Applications of School Law, Mandates and Policies
Developing quality handbooks are essential for school administrators. A handbook that is
clear, concise, and aligned to the Iowa Code can provide a school leaders the means to
effectively deal with controversial events that are sure to happen throughout the school year.
Principals must have a basic understanding of how board policies, as well as, local, state and
federal laws impact how they fulfill their duties.
The Iowa Standards for School Administrators outline the roles and responsibilities for all
school leaders in the state of Iowa. Standard three states: an educational leader promotes the
success of all students by ensuring management of the organization, operations, and resources for
a safe, efficient and effective learning environment. To meet this standard, the administrator is at
all times in compliance with state and federal mandates and board policies. Well written
handbooks will serve as a guide to ensure schools are operating within the bounds of the law.
This paper discusses the various strengths, weaknesses, and alignment to code of a staff
handbook from a small suburban district and a student handbook from a large urban high school.
Student Handbook
The sample used for the student handbook analysis comes from a large urban high school.
This high school is one of five high schools within the district. While the district level
handbooks are quite comprehensive and aligned to Iowa Code, the building level handbook did
not address some key areas that would be relevant for students and parents to know. Should the
school be challenged on an issue, they would be covered by the district handbook; however, by
including these sections in their handbook, it could potentially avoid any confusion on the part of
students or parents and allow for smoother building operations.

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Student Records
One topic that was not included in the building handbook was Student Records. Student
files contain information that should be kept strictly confidential. Access should be limited to
school personnel who need information to aid in providing the best possible educational
programming for students. Confidentiality of student records is protected by the Family
Educational Rights and Privacy Act (FERPA) 1974. This law is designed to guarantee a certain
amount of confidentiality and fundamental fairness in how student records will be used.1
While schools must report certain types of data like student test scores, FERPA ensures that no
identifiable information will be released without consent with the exception of school directory
information.
Since student records are primarily kept at the building level, it is critical that a section be
added to the handbook notifying students and parents what their rights are in regards to access
and privacy. Best practice would be to simply include the districts policy in the building
handbook. Board Policy 510: Student Records aligns to chapter 22 of the Iowa Code, as well as
FERPA. The handbook should state:
In compliance with state and federal law, attendance and other official student records will be kept at the
school level for each student. Educational records shall remain confidential as required by federal and state
law.
The Superintendent or designee shall serve as the records custodian for the District and ensure that all
official student records are maintained in secure environments.
Written consent for disclosure of educational records, including both permanent and cumulative
information, shall be signed and dated by the parent or student eighteen years of age or older. Permission
for release may not be general in nature but shall include a specification of the records to be disclosed, the
reasons for such disclosure and names of the party or class of parties to whom such records may be
disclosed.
The Family Educational Rights and Privacy Act (FERPA) affords parents and students who are 18 years of
age or older certain rights with respect to the students education records. These rights are (i) the right to
inspect and review the students education records; (ii) the right to request the amendment of the students
education records that the parent or eligible student believes are inaccurate, misleading, or in violation of
the students privacy rights; (iii) the right to provide written consent before the school district
discloses personally identifiable information from the students education records, except to the extent that
FERPA authorizes disclosure without consent; and (iv) the right to file a complaint with the U.S.

1 Essex, Nathan. p. 188.

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Department of Education concerning alleged failures by the school district to comply with the requirements
of FERPA.
One of the exceptions in FERPA which permits disclosure without consent is disclosure to school officials
with legitimate educational interests. A school official includes a person employed by the school district or
a person serving on the school board, or a volunteer, contractor, or consultant who performs an institutional
service or function for the school district. A school official has a legitimate educational interest if the
official needs to review an education record in order to fulfill his or her professional responsibility.
Another exception in FERPA which permits disclosure without consent is disclosure of directory
information, provided that the school district has given public notice to parents and eligible students of the
types of personally identifiable information that is designated as directory information, the parents or
eligible students right to refuse the designation of any or all of those types of information about the student
as directory information, and the period of time within which a parent or eligible student has to notify the
school district that he or she does not want any or all of those types of information about the student
designated as directory information. 2

This policy is comprehensive in detailing student and parental rights, along with possible
exceptions to the law. By including this at the building level, staff, students, and parents are
more likely to be informed; this reduces the schools liability of being out of compliance with
FERPA and the Iowa Code.
Precedent cases that provide clarity on possible violations of FERPA are Owasso ISD v. Falvo
and Doe v. Gonzaga. Both of these cases examine challenges to school records law. In FERPA
v. Falvo, the Supreme Court held that peer grading practices do not violate FERPA, and outlines
how records are to be maintained, solidifying that teachers should not have to change practice if
it creates an unreasonable burden.3 Essentially, this case defines what can be defined as a student
record, and clearly states that student assignments are not to be considered educational records.
In the case of Doe v. Gonzaga, the issue of disclosing student information was addressed. A
student sued the University for being in violation of FERPA for disclosing student information;
however, the Supreme Court held that students may not sue for damages. The Court reasoned
that the creation of individual rights required clear and unambiguous terms, which FERPA's
2 Des Moines School Board Policies and Procedures: Policy 510: Student Records.
Legal Reference: Code of Iowa, chapter 22; FERPA: 20 USC 1232g
3 Essex, Nathan. p. 195

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confidentiality provisions did not contain. "FERPA's nondisclosure provisions contain no rightscreating language, they have an aggregate, not individual, focus, and they serve primarily to
direct the Secretary of Education's distribution of public funds to educational institutions," wrote
Chief Justice Rehnquist.4 This precedent case maintains that FERPA will guide the actions of
schools but does not establish individual rights to enforce.
The issue of how student records are handled will continue to be increasingly relevant in schools,
especially as more documents are stored digitally. Schools must have strict policies for the
handling of this information. The handbook for this particular high school, while covered by
district/board policy, really should include a section on the access and handling of student
records that are in alignment with FERPA. Students and parents are more likely to approach the
school itself rather than the district for records; for this reason, a clear policy with in the
handbook is needed.
Student Use of Electronic Devices
The use of technology in schools continues to rapidly increase each year. It is common to
find schools with one to one technology integration. Along with schools providing access to
technology, it is common for students to bring their own tech devices. As more students access
the internet during the school day, the need for a clear policy on the use of technology is essential
for all schools. Many of the discipline issues administrators encounter stem from improper use.
The handbook should detail a policy that is clear for all students and parents.
Currently, the use of technology is covered in the personal property guideline section of
the handbook. This policy primarily centers on devices students bring to school and fails to
address proper use. It does state, Students who bring devices do so at their own risk, and the
4 "Gonzaga University v. Doe." Oyez. Chicago-Kent College of Law at Illinois Tech, n.d.
Mar 9, 2016.

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school assumes no liability for lost or stolen items. The school handbook discourages students
from bringing devices, leaving it up to teacher discretion for their use in the classroom. The
handbook does outline consequences for using technology at inappropriate times, but fails to
clearly address several key issues. The areas the handbook needs to address are access
guidelines, acceptable usage guidelines, and student owned devices.
The first topic that should be included in the handbook should outline access to buildings
network and internet and acceptable use. The district and school board has a very extensive
policy, which should be condensed to be more accessible to students and parents within the
building handbook. This policy should state:
Network, Email and Internet access is a privilege which requires a high level of personal responsibility and
may be denied due to inappropriate use. Inappropriate use shall include but not be limited to
1. Using the district system for commercial and/or personal purposes.
2. Using the system to transmit inaccurate information.
3. Using the system to send, receive or view objectionable material.
4. Damaging the security system.
5. Using another individuals system account.
6. Forging or attempting to forge electronic mail messages.
7. Attempting to read, delete, copy or modify electronic mail of other system users.
8. Misusing electronic mail retention guidelines.
9. Exceeding resource quotas or disk usage quotas.
10. Failing to conduct virus checks on downloaded material.
11. Vandalizing the system.
12. Violating the copyright laws.
13. Failing to follow network etiquette procedures.
14. Submitting false or misleading information to obtain or retain access to the system.
15. Accessing the system in any manner inconsistent with the mission of the school district.
16. Interfering with official school district communications.
The network administrators may withdraw access at any time as required. The administration, faculty and
staff of the district may request the network administrator to deny, revoke or suspend specific system user
access.
The district unconditionally reserves the right for authorized personnel to review system use and file content.
The district reserves the right to remove a system user account on the system or to disconnect any system user
to prevent unauthorized activity.5

5 Des Moines School Board Policies and Procedures: 610.1. Student Use of Educational
Technology

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By including this policy statement in the handbook, the school would clearly state access and
acceptable use guidelines that is in alignment with board policy, and the Childrens Internet
Protection Act (CIPA).
The Childrens Internet Protection Act outlines measures schools should take to ensure that
childrens access to material over the internet is limited, protecting them from obscene,
pornographic, or harmful content. This act requires that schools limit access to inappropriate
content, monitor student online activity, and provide awareness to online bullying and
harassment.6 If schools are found to be out of compliance with CIPA then they may subject to
review by the Federal Communications Commission and potentially lose certain funding sources.
The second area in regards to student technology use should address student owned devices.
While school policy currently discourages students from bringing their devices, the reality is that
many of them do. It is common practice for students to use their own devices while connected to
the schools internet network. The policy should include language that places students under
acceptable use policies if they are using school internet. The policy should read as follows:
Students are allowed to use their own device to access the Districts wireless network, including the
Internet, for instructional purposes and in accordance with the Acceptable Use Policy. Access to the Districts
electronic communications system is a privilege, not a right. All users shall be required to acknowledge receipt and
understanding of all administrative regulations governing use of the system and shall comply with such regulations
and guidelines. Noncompliance with applicable regulations may result in suspension or termination of privileges and
other disciplinary action consistent with District policies. 7

This policy statement would clearly ensure students use of the internet, even on their own
devices under the acceptable use policy. The school policy would also be in alignment with
district and board policy, making it more known to students and their parents.
6 https://www.fcc.gov/consumers/guides/childrens-internet-protection-act
7 Des Moines School Board Policies and Procedures: 610.1. Student Use of Educational
Technology

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As technology continues to evolve and become more common in classrooms, it is essential that
school administrators have clear and consistent policies on acceptable use and access. These
policies should be reviewed on an annual basis to ensure that as technology evolves the policy
stays current. Students, parents and faculty should be made aware of the policy and given
frequent reminders. The handbook should reflect current practices within the school, should
those practices be called in to question. By including district statements into this high schools
handbook, they should bring more awareness to the policies that need to be followed.

Staff Handbook
The handbook used for the staff handbook analysis comes from a small, suburban middle
school. This district has an elementary, middle and high school that is seeing fairly significant
growth over the last few years. A well-written staff handbook is important so that the employer
is given a certain level of legal protection, as well as, provide employees guidance on
expectations in the workplace. Staff handbooks need to be in alignment with Iowa code, board
policy and the master contract agreements.
Political Activity
In the staff handbook, one area that was omitted was a statement of policy on political
activity. It is important that school administrators are aware of teachers political rights and do
not violate them. It is equally important that staff are notified of the limits on political activity in
schools. If not handled properly, political activity could create a significant disruption and lead
to potential legal problems; thus, it is critical for school leaders to thoroughly examine and
provide guidance on what political activity is acceptable and what is not.

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The middle school faculty handbook does not contain policy on political activity. The
district board does have a policy; although, it does not fully encompass all facets of political
activity. The current board policy states:
No employee shall engage in political activity upon property under the jurisdiction of the board. Activities
including, but not limited to, posting of political circulars or petitions, the distribution of political circulars
or petitions, the collection of and/or solicitation for campaign funds, solicitation for campaign workers, and
the use of students for writing or addressing political materials, or the distribution of such materials to or by
students, are specifically prohibited.
Violation of this policy may be ground for disciplinary action.8

This policy does detail what activities may be limited; however, there are some clarifications
needed. At the end of the day, teachers are still citizens and do not forfeit their rights and
freedoms to be an educator. These rights include running for office, campaigning for themselves
or others, and engaging in political debate.9 As long as their political activity does not interfere
with their classroom responsibilities, they are free to exercise their rights as Americans.
The staff handbook should include the board policy, but also clarify what rights teachers do have,
and when they may exercise them. In addition to the above board policy, the handbook should
state:
Staff shall retain their rights in regard to political activity as long as it does not infringe
upon their assigned duties. Political activity should be limited during school hours, upon
school grounds, as to avoid potential disruptions. Teachers do not forfeit the right to run
for office, participate in campaigns or run for office, as long as these activities take place
outside of contract hours, and do not use school communications.
This statement would help guide staff in what their political rights are and does not infringe upon
their rights as citizens.
The proposed policy statement would align to current case law and precedent. The State
Interest Test deemed that limiting public employees from participating in all types of political
8 Carlisle Community School Board Policy and Procedures. Code 401.15
9 Essex, Nathan. p. 212

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activity to be unconstitutional. 10 In the case of Mayer v. Monroe County Community School
Corp., a teacher was dismissed for voicing her political views on the Iraq War to her students.
This speech was not protected and the U.S. Court of Appeals held, the First Amendment does
not entitle primary and secondary teachers, when conducting the education of captive audiences,
to cover topics, or advocate viewpoints, that depart from the curriculum adopted by the school
system.11 This case highlights the need for school leaders to be clear with their staff about what
political activity and speech is permissible and what is not.
Whenever personal freedoms or rights are being discussed, it is critical that school leaders are
aware of current statues and case law so that they do not unknowingly violate their employees
rights. It is highly likely that by not including a policy on political activity, and unknowingly
violating a teachers rights, the situation would become litigious. By clearly notifying staff of
their political rights, issues that arise will be more easily addressed.
Developing handbooks that are aligned to state code, and board policy is essential to the
success of a school administrator. Having solid, legal policies to guide school operations will
greatly assist in the management of the school operations. The standards for school
administrators require that a safe and effective learning environment be provided to all students.
Having appropriate, aligned handbooks will provide school leaders a step towards meeting that
standard.

10 Essex, Nathan. p. 212.

11 Mayor v. Monroe County Community School Corp. http://caselaw.findlaw.com/us7th-circuit/1233551.html

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References

Board Policies | Carlisle Community School District. (n.d.). Retrieved March 09, 2016, from
http://carlislecsd.org/index.php/school-board/board-policies/

Des Moines School Board Policies and Procedures, Policy 510. (2015, November). Retrieved
March 9, 2016, from http://www.dmschools.org/board/administrative-policies-andprocedures/series-500/

Des Moines School Board Policies and Procedures, Policy 610.1. (2012, August). Retrieved
March 9, 2016, from http://www.dmschools.org/board/administrative-policies-andprocedures/series-600/#proc610.1

Essex, N. L. (1999). School law and the public schools: A practical guide for educational leaders.
Boston: Allyn and Bacon.

Federal Communications Commission. (n.d.). Retrieved March 09, 2016, from

https://www.fcc.gov/consumers/guides/childrens-internet-protection-act

FindLaw's United States Seventh Circuit case and opinions. (n.d.). Retrieved March 09, 2016,
from http://caselaw.findlaw.com/us-7th-circuit/1233551.html

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Gonzaga v. Doe. (n.d.). Retrieved March 09, 2016, from https://www.oyez.org/cases/2001/01679.