School Board Policy 532 -
Use of Peace Officers and Crisis Teams to Remove Students from School Grounds
Adopted: may 9, 2005 REVISED: november 8, 2007
revised: june 13, 2011 revised: april 9, 2012 Revised: june 9, 2014
The purpose of this policy is to describe the appropriate use of peace officers and crisis teams to remove, if necessary, a student, including a student with an Individualized Education Plan (IEP), from school grounds.
II. General Statement of Policy
The school district is committed to promoting learning environments that are safe for all members of the school community. Reasonable precautions should be taken to protect students from physical or emotional harm at school and school sponsored events and activities.
All students, including those with IEPs, are subject to the terms of the school district’s discipline policy, unless the IEP team determines that the discipline policy should not apply. Building level administrators have the leadership responsibility to maintain a safe, secure, and orderly educational environment within which learning can occur. Corrective action to discipline a student and/or modify a student’s behavior will be taken by staff when a student’s behavior violates the school district’s discipline policy.
If any student, including a student with an IEP, engages in conduct which, in the judgment of school personnel, endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, that student may be removed from school grounds in accordance with this policy.
For purposes of this policy, the following terms have the meaning given them in this section:
A. “Crisis team” means a group of persons, which may include teachers and non- teaching school personnel, selected by the building administrator in each school building who have received crisis intervention training and are responsible for becoming actively involved with resolving crises. The building administrator or designee shall serve as the leader of the crisis team.
B. “Emergency” means a situation where immediate intervention is needed to protect a student or other individual from physical injury, emotional abuse due to verbal and nonverbal gestures, or to prevent serious property damage.
C. “Peace officer” means an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the Board of Peace Officer Standards and Training, charged with the prevention and detection of crime and the enforcement of general criminal laws of the state and who has the full power of arrest. The term “peace officer” includes a person who serves as a sheriff, a deputy sheriff, a police officer, or a state patrol trooper. A “peace officer” is not an agent or an employee of the District.
D. “School Resource Officer” is a peace officer who, pursuant to an agreement between the school district and a political subdivision or law enforcement agency, is assigned to a school building for all or a portion of the school day to provide law enforcement assistance and support to the building administration and to promote school safety, security, and positive relationships with students. A “police liaison officer” is not an agent or employee of the District.
E. “Remove the student from school grounds” is the act of securing the person of a student, which may include a student with an IEP, and escorting that student from the school building or school sponsored event or activity.
F. “Student with an IEP” or “the student” means a student who is eligible to receive special education and related services pursuant to the terms of an IEP or an individual interagency intervention plan (IIIP).
All other terms and phrases used in this policy shall be defined in accordance with applicable state and federal law or ordinary and customary usage.
IV. Removal of Students From School Grounds
A. Removal By Crisis Team
A staff member may summon the building’s crisis team whenever the staff member believes the team’s intervention is necessary or reasonably appropriate to address student behavior that significantly disrupts the rights of others to an education, or the ability of school personnel to perform their duties; or to address student behavior that endangers or threatens to endanger the student, other students, surrounding persons, personal property, or district property. The crisis team may attempt to address the student’s behavior. If the student has an IEP, the crisis team may attempt to address the student’s behavior by means including, but not limited to, those described in the student’s IEP and/or behavior intervention plan. If the crisis team or the building principal or associate principal determines that the student’s behavior continues to significantly disrupt the rights of others to an education, or the ability of school personnel to perform their duties, or continues to endanger or threatens to endanger the student, other students, surrounding persons, personal property, or district property, the crisis team or the building principal, associate principal, or administrative designee may remove the student from school grounds, and may request assistance from any district employee.
If the student’s behavior cannot be safely managed, school personnel may immediately request assistance from the school resource officer or a peace officer.
B. Removal By School Resource Officer or Peace Officer
The school building’s crisis team, building principal, associate principal, or designee may request that a school resource officer or a peace officer remove a student, including a student with an IEP, from school grounds if the student engages in criminal activity or any behavior that endangers or threatens to endanger the student, other students, surrounding persons, personal property, or district property.
If a student with an IEP is restrained or removed from a classroom, school building, or school grounds by a peace officer at the request of a school administrator or school staff person during the school day twice in a 30-day period, the student’s IEP team must meet to determine if the student’s IEP is adequate or if additional evaluation is needed.
The fact that a student has an IEP and is covered by special education law does not prevent a peace officer or school resource officer from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a student with an IEP.
School district personnel may report a crime committed by any student, including a student with an IEP, to appropriate authorities. The district must provide a copy of a special education student’s special education and disciplinary records to law enforcement if the school district reports a crime committed by a student with an IEP and (1) the parent has provided written consent for such records to be disclosed to law enforcement or (2) the disclosure is explicitly authorized under the Family Education Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act.
C. Reasonable Force Permitted
In removing a student from school grounds, including a student with an IEP, a school administrator, crisis team member, teacher, other member of the instructional, support, supervisory staff, or other agents of the school district may use reasonable force upon the student or toward the student when it is necessary under the circumstances to restrain the student from self-injury or to prevent injury to another person.
In removing a student from school grounds, school district personnel may not:
1. Use corporal punishment prohibited by Minn. Stat. § 121A.58 e.g. hit or spank the student with or without an object; Use unreasonable force that causes bodily harm or substantial emotional harm;
2. Require the student to assume and maintain a specified physical position, activity, or posture that induces physical pain;
3. Restrict, totally or partially, the student’s senses as punishment;
4. Present an intense sound, light, or other sensory stimuli using smell, taste, substance, or spray as punishment;
5. Deny or restrict the student’s access to equipment and devices such as walkers, wheelchairs, hearing aids and communication boards that facilitate the student’s functioning, except temporarily when necessary to prevent injury to the student or others or serious damage to the equipment or device, in which case the equipment or device must be returned to the student as soon as possible;
6. Interact with the student in a manner that constitutes sexual abuse, neglect, or physical abuse under Minnesota Statutes section 626.556;
7. Withhold regularly scheduled meals or water;
8. Deny the student access to bathroom facilities; or
9. Physical holding (as defined in Minn. Stat. § 125A.0941) that restricts or impairs a child’s ability to breathe, restricts or impairs a child’s ability to communicate distress, places pressure or weight on a child’s head, throat, neck, chest, lungs, sternum, diaphragm, back, or abdomen, or results in straddling a child’s torso. White Bear Lake does not use prone restraints.
D. Parental Notification
The building administrator or designee shall make a reasonable effort to notify the student’s parent or guardian of the student’s removal from school grounds as soon as possible following the removal.
E. Continued Removals; Review of IEP
If a student with an IEP is repeatedly removed from school, the IEP team must meet to review and determine the appropriateness of the IEP in light of the removals.
F. Effect of Policy in an Emergency; Use of Restrictive Procedures
A student with an IEP may be removed in accordance with this policy regardless of whether the student’s conduct would create an emergency.
If, during the course of removing a student with an IEP, immediate intervention is needed to protect the student or another individual from physical injury, a licensed special education teacher, school social worker, school psychologist, properly certified behavior analyst, person with a master’s degree in behavior analysis, other licensed education professional, paraprofessional, or mental health professional may use restrictive procedures (such as physical holding) provided that the person using the restrictive procedure has completed the training required by law and provided that the restrictive procedures are used, recorded, and reviewed in compliance with the district’s restrictive procedures plan and the requirements of federal and state law. The law governing restrictive procedures does not apply to actions taken by a peace officer or a school resource officer.
Minn. Stat. § 13.01, et seq. (Minnesota Government Data Practices Act)
Minn. Stat. §§ 121A.40-121A.56 (Minnesota Pupil Fair Dismissal Act)
Minn. Stat. § 121A.582 (Student Discipline; Reasonable Force)
Minn. Stat. § 121A.61 (Discipline and Removal of Students from Class)
Minn. Stat. §§ 125A.094, 125A.0941 & 125A.0942 (restrictive procedures)
Minn. Stat. § 609.06 (Authorized Use of Force)
Minn. Stat. § 609.379 (Permitted Actions)
20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy (FERPA))
20 U.S.C. § 1415(k)(6) (Individuals with Disabilities Education Improvement Act of 2004 (IDEA))
34 C.F.R. § 300.535 (IDEA Regulation Regarding Involvement of Law Enforcement)
WBLASB Policy 506 (Student Discipline)
WBLASB Policy 507 (Corporal Punishment)
WBLASB Policy 515 (Protection and Privacy of Pupil Records)
WBLASB Policy 525 (Violence Prevention)
WBLASB Policy 806 (Crisis Management Policy)