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- 532 - Use of Peace Officers and Crisis Teams To Remove Students with IEPs From School Grounds
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POLICY 532 - USE OF PEACE OFFICERS AND CRISIS TEAMS TO REMOVE STUDENTS WITH IEPs FROM SCHOOL GROUNDS
I. PURPOSE
The purpose of this policy is to describe the appropriate use of peace officers and crisis teams to remove, if necessary, a student with an individualized education program (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. It further believes that students are the first priority and that they should be reasonably protected from physical or emotional harm at all school locations and during all school activities.
In general, all students, including those with IEPs, are subject to the terms of the school district’s discipline policy. 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 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.
III. DEFINITIONS
For purposes of this policy, the following terms have the meaning given them in this section:
- “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.
- “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.
- “Police liaison 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.
- “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.
- The phrase “remove the student from school grounds” is the act of securing the person of a student with an IEP and escorting that student from the school building or school activity at which the student with an IEP is located.
- “Emergency” means a situation where immediate intervention is needed to protect a child or other individual from physical injury.
- 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 WITH IEPs FROM SCHOOL GROUNDS
- Removal by Crisis Team
If the behavior of a student with an IEP escalates to the point where the student’s behavior endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, the school building’s crisis team may be summoned. The crisis team may attempt to de-escalate the student’s behavior by means including, but not limited to, those described in the student’s IEP and/or behavior intervention plan. When such measures fail, or when the crisis team determines that the student’s behavior continues to endanger or may endanger the health, safety, or property of the student, other students, staff members, or school property, the crisis team may remove the student from school grounds.
If the student’s behavior cannot be safely managed, school personnel may immediately request assistance from the police liaison officer or a peace officer.
- Removal by Police Liaison Officer or Peace Officer
If a student with an IEP engages in conduct which endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, the school building’s crisis team, building administrator, or the building administrator’s designee, may request that the police liaison officer or a peace officer remove the student from school grounds.
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.
Whether or not a student with an IEP engages in conduct which endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, school district personnel may report a crime committed by a student with an IEP to appropriate authorities. If the school district reports a crime committed by a student with an IEP, school personnel shall transmit copies of the special education and disciplinary records of the student for consideration by appropriate authorities to whom it reports the crime, to the extent that the transmission is permitted by the Family Education Rights and Privacy Act (FERPA), the Minnesota Government Data Practices Act, and school district’s policy, Protection and Privacy of Pupil Records.
The fact that a student with an IEP is covered by special education law does not prevent state law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a student with an IEP. - Reasonable Force Permitted
In removing a student with an IEP from school grounds, a building administrator, other crisis team members, or the police liaison officer or other agents of the school district, whether or not members of a crisis team, may use reasonable force when it is necessary under the circumstances to correct or restrain a student or prevent bodily harm or death to another.
In removing a student with an IEP from school grounds, police liaison officers and school district personnel are further prohibited from engaging in the following conduct:- Corporal punishment prohibited by Minnesota Statutes section § 121A.58;
- Requiring a child to assume and maintain a specified physical position, activity, or posture that induces physical pain;
- Totally or partially restricting a child’s senses as punishment;
- Denying or restricting a child’s access to equipment and devices such as walkers, wheel chairs, hearing aids, and communication boards that facilitate the child’s functioning except when temporarily removing the equipment or device is needed to prevent injury to the child or others or serious damage to the equipment or device, in which case the equipment or device shall be returned to the child as soon as possible;
- Interacting with a child in a manner that constitutes sexual abuse, neglect, or physical abuse under Minnesota Statutes section § 626.556;
- Physical holding (as defined in Minnesota Statutes section § 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;
- Withholding regularly scheduled meals or water; and/or
- Denying a child access to toilet facilities.
- Parental Notification
The building administrator or designee shall make reasonable efforts to notify the student’s parent or guardian of the student’s removal from school grounds as soon as possible following the removal. - Continued Removals; Review of IEP
Continued and repeated use of the removal process described herein must be reviewed in the development of the individual student’s IEP. - 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 the school district seeks to remove a student with an IEP from school grounds under this policy due to behaviors that constitute an emergency and the student’s IEP or behavior intervention plan authorizes the use of one or more restrictive procedures, the crisis team may employ those restrictive procedures, in addition to any reasonable force that may be necessary, to facilitate the student’s removal from school grounds, as long as the crisis team members who are implementing the restrictive procedures have received the training required by Minnesota Statutes section § 125A.0942, Subd. 5, and otherwise comply with the requirements of § 125A.0942. - Reporting to the Minnesota Department of Education (MDE)
Annually, stakeholders may recommend, as necessary, to the Commissioner of MDE (Commissioner) specific and measurable implementation and outcome goals for reducing the use of restrictive procedures. The Commissioner must submit to the Legislature a report on districts’ progress in reducing the use of restrictive procedures that recommends how to further reduce these procedures and eliminate the use of seclusion. By January 15, April 15, July 15, and October 15 of each year, districts must report, in a form and manner determined by the Commissioner, about individual students who have been secluded. By July 15 each year, districts must report summary data. The summary data must include information on the use of restrictive procedures for the prior school year, July 1 through June 30, including the use of reasonable force by school personnel that is consistent with the definition of physical holding or seclusion of a child with a disability.
Source: Cambridge-Isanti Schools
Legal References:
- Minn. Stat. Ch. 13 (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. § 121A.67, Subd. 2 (Aversive and Deprivation Procedures)
- Minn. Stat. §§ 125A.094-125A.0942 (Restrictive Procedures for Children with Disabilities)
- 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)
Cross References:
- Policy 506 (Student Discipline)
- Policy 507 (Corporal Punishment)
- Policy 515 (Protection and Privacy of Pupil Records)
- Policy 525 (Violence Prevention)
- Policy 806 (Crisis Management Policy)
Reviewed: 03-16-04, 02-24-05, 03-22-07, 05-22-08, 02-19-16, 08-19-21
Approved: 04-22-04, 02-24-05, 04-19-07, 05-22-08, 03-24-16, 09-23-21
Policy Manual
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100 - School District
- 101 - Legal Status of the School District
- 101.1 - Name of the School District
- 101.2 - Naming of School District Sites and Facilities
- 101.2P - Memorials and Naming of School District Sites and Facilities
- 102 - Equal Education Opportunity
- 103 - Complaints - Students, Employees, Parents, Other Persons
- 104 - School District Mission Statement
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200 - School Board
- 201 - Legal Status of the School Board
- 202 - School Board Officers
- 203 - Operation of the School Board - Governing Rules
- 203.1 - School Board Procedures; Rules of Order
- 203.2 - Order of the Regular School Board Meeting
- 203.5 - School Board Meeting Agenda
- 203.6 - Consent Agendas
- 203.7 - School Board Compensation Policy
- 204 - School Board Meeting Minutes
- 205 - Open Meetings and Closed Meetings
- 206 - Public Participation in School Board Meetings
- 207 - Public Hearings
- 208 - Development, Adoption, and Implementation of Policies
- 209 - Code of Ethics
- 210 - Conflict of Interest - School Board Members
- 211 - Criminal or Civil Action Against School District, School Board Member, Employee, or Student
- 212 - School Board Member Development
- 213 - School Board Committees
- 214 - Out-of-State Travel By School Board Members
- 215 - Student Representative to the School Board
- 216 - School Board Recognition and Accomplishment
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400 - Employees/Personnel
- 401 - Equal Employment Opportunity
- 402 - Disability Nondiscrimination Policy
- 403 - Discipline, Suspension, and Dismissal of School District Employees
- 404 - Employment Background Checks
- 404P - Volunteer Background Check Procedure
- 405 - Veteran's Preference
- 406 - Public and Private Personnel Data
- 406F- Public and Private Personnel Data
- 407 - Employee Right to Know - Exposure to Hazardous Substances
- 408 - Subpoena of a School District Employee
- 409 - Employee Publications, Instructional Materials, Inventions and Creations
- 410 - Family and Medical Leave Policy
- 410F - Family and Medical Leave Form
- 412 - Expense Reimbursement
- 412F - Request for Mileage/Expense Reimbursement
- 413 - Harassment and Violence
- 413F - Harassment and Violence Form
- 414 - Mandated Reporting of Child Neglect or Physical or Sexual Abuse
- 414 Form - Student Maltreatment Reporting
- 415 - Mandated Reporting of Maltreatment of Vulnerable Adults
- 416 - Drug and Alcohol Testing
- 416 Form A - Drug and Alcohol Testing
- 416 Form B - Drug and Alcohol Testing
- 416 Form B1 - Drug and Alcohol Testing
- 416 Form C - Drug and Alcohol Testing
- 416 Form D - Drug and Alcohol Testing
- 416 Form E - Drug and Alcohol Testing
- 416 Form F - Drug and Alcohol Testing
- 416 Form G - Drug and Alcohol Testing
- 417 - Chemical Use and Abuse
- 418 - Drug-Free Workplace/Drug-Free School
- 418 Form - Drug-Free Workplace/Drug-Free School
- 419 - Tobacco-Free Environment; Possession and Use of Tobacco, Tobacco-Related Devices, and Electronic Delivery Devices
- 420 - Students and Employees with Sexually Transmitted Infections and Diseases and Certain Other Communicable Diseases and Infectious Conditions
- 420A - Human Sexuality and Aids Education
- 421 - Gifts to Employees and School Board Members
- 422 - Policies Incorporated by Reference - Employees
- 423 - Employee/Student Relationships
- 424 - License Status
- 425 - Professional Development and Mentoring
- 426 - Communications - Employer/Employee Relations
- 426R - Employer/Employee Relations
- 427 - Workload Limits for Certain Special Education Teachers
- 428 - Respectful Workplace
- 430 - Staff Leaves and Absences
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500 - Students
- 501 - School Weapons Policy
- 502 - Search of Student Lockers, Desks, Personal Possessions and Student's Person
- 503 - Student Attendance
- 504 - Student Dress and Appearance
- 505 - Distribution of Nonschool Sponsored Materials on School Premises by Students and Employees
- 505.1 - Distribution of Information for Political Campaigns and Activities
- 506 - Student Discipline
- 506F - Notice of Suspension
- 507 - Corporal Punishment
- 508 - Extended School Year for Certain Students with Individualized Education Programs
- 509 - Enrollment of Nonresident Students
- 509.1 - In-District Open Enrollment
- 509.1F - In-District Enrollment Request
- 509.2 - Entrance Age
- 509.2F - Elementary School Early Enrollment Application
- 509.2P - Early Entrance
- 509P - PROCEDURE Homeless Student Rights and Enrollment Practices
- 510 - School Activities
- 511 - Student Fundraising
- 512 - School-Sponsored Student Publications and Activities
- 513 - Student Promotion, Retention and Program Design
- 514 - Bullying Prohibition Policy
- 514F - Bullying Reporting Form
- 515 - Protection and Privacy of Pupil Records
- 515F - Notice of Special Education File Retention Policy
- 515P - Retention and Destruction of Student Records for Special Education Students
- 516 - Student Medication
- 516F - Administering Prescription Medications Form
- 517 - Student Recruiting
- 518 - DNR-DNI Orders
- 519 - Interviews of Students by Outside Agencies
- 520 - Student Surveys
- 521 - Student Disability Nondiscrimination
- 522 - Title IX Sex Nondiscrimination Policy, Grievance Procedure, and Process
- 523 - Policies Incorporated by Reference-Students
- 524 - Internet Acceptable Use and Safety Policy
- 524F - Internet Use Agreements
- 525 - Violence Prevention
- 526 - Hazing Prohibition
- 527 - Student Use and Parking of Motor Vehicles; Patrols, Inspections, and Searches
- 528 - Student Parental, Family, and Marital Status Nondiscrimination
- 529 - Staff Notification of Violent Behavior By Students
- 529F - Staff Notification of Violent Behavior By Students Form
- 530 - Immunization Requirements
- 531 - The Pledge of Allegiance
- 532 - Use of Peace Officers and Crisis Teams To Remove Students with IEPs From School Grounds
- 533 - Wellness
- 534 - Unpaid Meal Charges
- 535 - Service Animals and Therapy Dogs in Schools
- 535F - Approval Request Form for Use of a Service Animal
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600 - Education Programs
- 601 - School District Curriculum and Instruction Goals
- 601.1 - New Teacher Mentor Program
- 601.3 - Student Teaching and Internship
- 602 - Organization of School Calendar and School Day
- 603 - Curriculum Development
- 604 - Instructional Curriculum
- 605 - Alternative Educational Programs
- 606 - Textbooks and Instructional Materials
- 606P - Guidelines for Selection of Media & Instructional Materials
- 607 - Organization of Grade Levels
- 608 - Instructional Services-Special Education
- 609 - Religion
- 610 - Field Trips
- 611 - Home Schooling
- 611.1 - Private, Parochial, and Home School Shared Services
- 612.1 - Development of Parent and Family Engagement Policies for Title I Programs
- 613 - Graduation Requirements
- 614 - School District Testing Plan and Procedure
- 615 - Testing, Accommodations, Modifications, and Exemptions for IEPS, Section 504 Accommodations, and LEP Students
- 616 - School District Systems Accountability
- 618 - Assessment of Standards Achievement
- 619 - Staff Development for Standards
- 620 - Credit of Learning
- 623 - Mandatory Summer School Instruction
- 624 - Online Learning Options
- 625 - Volunteer Policy
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700 - Non-Instructional Operations and Business Services
- 701 - Establishment and Adoption of School District Budget
- 701.1 - Modification of School District Budget
- 701.2 - Purchasing
- 701.2P - Purchasing Cell Phone
- 701.2P - Purchasing PCard
- 701.2P - Purchasing Purchase Order
- 702 - Accounting
- 703 - Annual Audit
- 704 - Development and Maintenance of an Inventory of Fixed Assets and a Fixed Asset Accounting System
- 705 - Investment of School Funds
- 706 - Acceptance of Gifts
- 707 - Transportation of Public School Students
- 708 - Transportation of Nonpublic School Students
- 709 - Student Transportation Safety Policy
- 709F - Attachment A
- 709F - Attachment B
- 709F - Attachment C
- 709R - Student Transportation Safety Policy Student Conduct-Bus Referral Procedures
- 710 - Extracurricular Transportation
- 711 - Video Recording on School Buses
- 712 - Video Surveillance Other Than on Buses
- 713 - Student Activity Accounting
- 714 - Fund Balances
- 720 - Sales of Food and Beverages
- 721 - Uniform Grant Guidance Policy Regarding Federal Reserve Sources
- 721P - Uniform Grant Guidance Procedures
- 722 - Public Data and Data Subject Requests
- 723 - Post Issuance Debt Compliance Policy
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800 - Building and Sites
- 801 - Equal Access to School Facilities
- 802 - Disposition of Obsolete Equipment and Material
- 805 - Waste Reduction and Recycling
- 806 - Crisis Management Policy
- 806F - Crisis Management Planning
- 807 - Health and Safety Policy
- 808 - Energy Policy
- 809 - Unmanned Aerial Vehicle (Drone) Policy
- 810 - Information Security Policy
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900 - School/Community Relations
- 901 - Community Education
- 902 - Use of School District Facilities and Equipment
- 902P - Use of School Facilities Procedure
- 903 - Visitors to School District Buildings and Sites
- 903.1 - Sales Calls and Demonstrations
- 904 - Distribution of Materials on School District Property by Nonschool Persons
- 905 - Advertising
- 906 - Community Notification of Predatory Offenders
- 907 - Rewards
- 908 - American Indian Committee
- 909 - Relations with Colleges and Universities
- 910 - Communications and Public Relations
- 911 - Tax Abatement