Policy 546

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    USE OF PEACE OFFICERS AND CRISIS TEAMS TO REMOVE STUDENTS WITH IEP’S FROM SCHOOL GROUNDS

     

     

    1.0    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 individual education plan (“IEP”) from school grounds.

     

     

    2.0    General Statement of Policy

     

             The school district is committed to creating and promoting a learning environment that is safe for students, employees and other members of the school community.  All students, including those with IEP’s are generally subject to the terms of the school district discipline policy.  The school district recognizes the importance of providing individualized instruction and related services to students with IEP’s, including whenever possible, during times when the student’s behavior requires that the student be removed from the school environment.  Finally, this policy recognizes the role of the police liaison officer in responding to crisis situations that occur in the school environment.

     

     

    3.0    Definitions

     

    A.      Crisis Team

     

    “Crisis team” means a group of individuals selected by the building administrator in each school building who have received crisis prevention institute training and are responsible for responding to crisis situations.  Whenever possible a special education teacher with knowledge of the student should be part of this team.  The building administrator or designee shall serve as the leader of the crisis team.

     

             B.     Peace Officer

     

    “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.

     

    C.     Police Liaison Officer

     

    A “police liaison officer” is a licensed peace officer who, pursuant to an agreement between the school district and local 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 a safe environment where students and staff can teach and learn in an atmosphere that promotes respectful treatment of others.  The police liaison officer is not a licensed educator or educational assistant, nor is the police liaison officer a member of any student’s IEP team or part of any student behavior support plan.

     

    The school district will offer training to the police liaison officer in order to promote an improved understanding of the population of students with disabilities.

     

    4.0     Removal of Students with IEP’s from school grounds

     

             A.     Removal by Crisis Team

     

    If the behavior of a student with an IEP escalates to the point where the student’s behavior endangers or threatens the health, safety, or property of the student or other individuals, or school property, the school building’s crisis team may be summoned and the student may be removed from school grounds, at the discretion of the crisis team.

     

    If the student’s behavior cannot be safely managed, the crisis team may enlist the assistance of other individuals, including the school liaison officer or other peace officer.

     

            B.     Removal by Police Liaison Officer or Other Peace Officer

     

    If a student with an IEP engages in conduct which endangers or threatens the health, safety, or property of the student or other individuals, or school property, the school building’s crisis team, building administrator, or administrative designee may request that the police liaison officer or other peace officer remove the student from school grounds.

     

    In addition, school district personnel may report a crime committed by a student with an IEP to appropriate authorities.  If a school district official reports a crime committed by a student with an IEP, school personnel shall transmit copies of the student’s special education and disciplinary records for consideration by the appropriate authorities to whom the crime is reported, to the extent that the transmission is permitted by the Family Education Rights and Privacy Act, the Minnesota Government Data Practices Act, and applicable school district policy.

     

    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.

               

            C.     Parental Notification

     

    The building administrator or designee shall make reasonable efforts to immediately notify the student’s parent or guardian of the student’s removal from school grounds.  In addition, the administrator or designee shall ensure that a written incident report is prepared, describing the incident.

     

            D.     Continued removals

     

    Continued and repeated use of the removal process described in this policy must be reviewed in the development of the student’s IEP.

     

            E.     Effect of Policy in an Emergency; Use of Conditional 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 Individualized Education Plan (IEP), Individualized Interagency Intervention Plan (IIIP), or behavior intervention plan (BIP) authorizes the use of one or more conditional procedures, the crisis team may employ those conditional procedures, in addition to any reasonable force that may be necessary, to facilitate the student’s removal from school grounds.

     

    Conditional Procedures: “Conditional procedures” means interventions that meet the definitions of aversive and deprivation procedures, which are not prohibited. Conditional procedures include:

     

    A.  the use of manual restraint;

    B.  the use of mechanical or locked restraints;

    C.  time out procedures for seclusion; and

    D. temporary delay or withdrawal of regularly scheduled meals or water not to exceed 30 minutes.

     

     If the crisis team initiates use of conditional procedures in an emergency, the student’s IEP team shall meet as soon as possible, but no later than five (5) school days after emergency procedures have commenced.

    Legal References:

     

    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))

    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. § 121A.67 (Aversive and Deprivation Procedures)

    Minn Stat. § 609.06 (Authorized Use of Force)

    Minn Stat. § 609.379 (Permitted Actions)

    Minn Rule 3525.0200, Subp. 2c (Definition of “Emergency”)

    Minn. Rule 3525.2900, Subp. 5 (The IEP and Regulated Interventions)

     

     

    Cross References:

     

    Board of Education Policy 541 and Administrative Guideline 541.1 (Student Behavior)

     

    Board of Education Policy 802 and Administrative Guideline 802.1 (Crisis Management)

     

    Board of Education Policy 977 and Administrative Guideline 977.1 (Enforcement Agencies)

     

     

    ADOPTED BY THE BOARD OF EDUCATION:  March 15, 2004      

     

     

               

546.1 Administrative Guidelines

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    USE OF PEACE OFFICERS AND CRISIS TEAMS TO REMOVE STUDENTS WITH IEP’S FROM SCHOOL GROUNDS
     

     

    I.          INTRODUCTION
     

    The purpose of these administrative guidelines is to assist in the implementation of Board Policy 546 pertaining to the use of peace officers and crisis teams to remove a student with an individualized education plan (IEP) from school grounds. 

     

    II.         TRAINING
     

    The school district will provide training to crisis teams and the police liaison officer in order to promote an improved understanding of the population of students with disabilities:

     

    ·         Crisis Prevention Intervention (CPI) provided by a certified CPI trainer

    ·         Training regarding the Individuals with Disabilities Education Act (IDEA); functional behavioral assessment (FBA); and behavior intervention plans (BIP’s).

    ·         Aversive and Deprivation Procedures

    ·         With parent permission, information may be shared with the police liaison officer regarding specific students with IEP’s, as determined by the school administrator.

     

    III.        REMOVAL BY THE CRISIS TEAM
     

    Whenever reasonably possible, the crisis team will attempt to deescalate the student’s behavior according to the guidance contained in the student’s IEP and Behavior Intervention Plan (BIP).  If the crisis team determines the student’s behavior poses an imminent threat to the health, safety, or property of the student or other individuals, or school property, the crisis team may make the decision to have the student removed from school grounds.

    IV.       NOTIFICATION OF STUDENT’S IEP TEAM FOLLOWING THE  REMOVAL FROM SCHOOL GROUNDS
     

    As soon as possible appropriate special education staff will be notified of the removal to determine compliance with the student’s IEP and to determine whether further assessment or change in the student’s IEP is necessary.

    Dated:         March 15, 2004

    Reviewed:

    Revised: