532 USE OF PEACE OFFICERS AND CRISIS TEAMS TO REMOVE STUDENTS WITH IEP's FROM SCHOOL GROUNDS
For purposes of this policy, the following terms have the meaning given them in this section:
- Student with an IEP
A 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).
- Peace Officer
A 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
A police liaison officer is a peace officer who, pursuant to an agreement between the 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
A crisis team means a group of persons, which may include teachers and non-teaching school personnel (building level or District level), 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.
- Remove the Student from School Grounds
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.
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.
- 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, members of 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, members of 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.
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, District personnel may report a crime committed by a student with an IEP to appropriate authorities. If the 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 Policy 515 - Protection and Privacy of Education 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 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 who, 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.
In removing a student with an IEP from school grounds, police liaison officers and school district personnel shall not use the prohibited procedures listed in Policy 543 - The Use of Regulated Conditional Procedures as Behavioral Interventions with Special Education Students.
- Parental Notification
The building administrator or designee will make reasonable efforts to notify the student's parent/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 or IIIP.
Procedure Dated: 9/21/04
20 U.S.C. 1415(k)(9) (Individuals with Disabilities Education Act (IDEA))
34 C.F.R. 300.529 (IDEA Regulation Regarding Involvement of Law Enforcement)
20 U.S.C. 1232g et seq. (Family Educational Rights and Privacy (FERPA))
M.S. 13.01, et seq. ( Minnesota Government Data Practices Act)
M.S. 121A.40-121A.56 ( Pupil Fair Dismissal Act)
M.S. 121A.582 (Student Discipline; Reasonable Force)
M.S. 121A.61 (Discipline and Removal of Students from Class)
M.S. 121A.67 (Aversive and Deprivation Procedures)
M.S. 609.06 (Authorized Use of Force)
M.S. 609.379 (Permitted Actions)
District Policy 506 (Student Discipline)
District Policy 507 (Corporal Punishment)
District Policy 515 (Protection and Privacy of Education Records)
District Policy 543 (The Use of Regulated Conditional Procedures as Behavioral Interventions with Special Education Students)
INDEPENDENT SCHOOL DISTRICT 279
Maple Grove Minnesota
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