582 Policy: Staff Notification of Violent Behavior by Students
582 Policy: Staff Notification of Violent Behavior by Students
I. PURPOSE
In an effort to provide a safe school environment, the assigned classroom teacher(s) and certain staff members should know whether a student to be placed in the classroom has a history of violent behavior. Additionally, decisions should be made regarding how to support and manage such student.
The purpose of this policy is to address the circumstances in which data should be provided to classroom teachers and other school staff members about students with a history of violent behavior and to establish a procedure for notifying staff regarding placement of students with a history of violent behavior.
In acknowledgement that supports to students and families are a significant part of this policy, Richfield Public Schools administration will ensure that social emotional and family based supports are offered to students and families where there is a history of violent behavior by the student.
II. GENERAL STATEMENT OF POLICY
A. Any staff member or other employee of the school district who obtains or has information concerning a student with a history of violent behavior shall immediately report the information to the principal of the building in which the student attends school or is attempting to enroll.
B. Building/program administrator or designee verifies information and consults with the superintendent prior to notification of staff.
C. Building administrator or designee will consult with the superintendent to determine which staff will receive notice and what data will be shared.
D. Building/program administrator will notify the parents that the district will be notifying staff that work with their child has been identified as having a history of violent behavior.
E. The administration will meet with the assigned classroom teacher and other appropriate staff members for the purpose of notifying and determining how staff will manage such student.
F. Only staff members who have a legitimate educational interest in the information will receive notification.
G. Social workers and/or school administration will offer direct supports to families where there is a history of violent behavior by the student.
III. DEFINITIONS
For purposes of this policy and the model notification form, the following terms have been defined.
A. Administration
Administration” means the superintendent, building principal or other administrative designee.
B. Classroom Teacher
“Classroom teacher” means the instructional personnel responsible for the course or room to which a student is assigned at any given time, including a substitute hired in place of the classroom teacher.
C. History of Violent Behavior
1. A student will be considered to have a history of violent behavior if incident(s) of violence, including any documented physical assault of a school district employee by the student, have occurred during the current or previous school year.
2. If the district has knowledge that a student has an incident of violence during the current or previous school year, that incident and all other past related or similar incidents of violence will be reported. Knowledge will be based on reports from law enforcement or school district investigation of violent incidents.
D. Incident(s) of Violence
“Incident(s) of violence” means willful conduct in which a student endangers or causes physical injury to person(s) or significant damage to property, regardless of whether related to a disability or whether discipline was imposed. This does not include injury or damage, which is accidental or is the result of negligence. Administration in collaboration with the superintendent shall be responsible for determining if an incident rises to the level of an incident of violence. In so doing the administrator and superintendent shall consider all surrounding facts and circumstances, including the existence and extent of injury, the level of threat, the existence of criminal charges, and the student’s disciplinary history.
E. Legitimate Educational Interest
“Legitimate educational interest” includes interest directly related to classroom instruction, teaching, student achievement and progress, discipline of a student, student health and welfare, and the ability to respond to a request for educational data. It includes a person’s need to know in order to:
Perform an administrative task required in the school or the employee’s contract or position description approved by the school district; used solely within the context of school business and not for purposes extraneous to the school staff member’s areas of responsibility or to the school;
1. Perform a supervisory or instructional task directly related to the student’s education;
2. Perform a service or benefit for the student or the students family such as health care, counseling, or student job placement;
3. Perform a task directly related to responding to a request for data.
F. School Staff Member
“School staff member” includes:
1. A person employed by the school board in an administrative, supervisory, instructional or other professional position.
2. A person employed by or under contract to the school district to perform a special task such as but not limited to a, paraprofessional, school bus driver, a secretary, clerk, a public information officer, data practices compliance official, or an attorney or auditor for the period of his or her performance as an employee or contractor; and,
3. A substitute for persons listed above for the period of his or her performance as a substitute.
IV. STAFF NOTIFICATION
A. Recipients of Notice
Each classroom teacher of a student with a history of violent behavior (see Section III.C., above), will meet with and receive written notification from the building administration prior to placement of the student in the teacher’s classroom. In addition, notice will be given by the school administration to other school staff members who have a legitimate educational interest, as defined in this Policy.
For example, the bus driver of the student or a paraprofessional assisting on the student’s bus would have a legitimate educational interest in the data while a driver or paraprofessional on a different bus would not. Different school staff members may have a legitimate educational interest in different amounts of data on a particular student.
B. Determination of Who Receives Notice
The determination of which classroom teachers and school staff members have a legitimate educational interest will be made by the building principal in consultation with the superintendent. The superintendent will provide guidance to school administration as to what data will be shared with staff.
C. Form of Written Notice
The notice given to classroom teachers and school staff members will be provided in writing at a meeting and will include the following:
1. Name of the student;
2. Date of notice;
3. Notification that the student has been identified as a student with a history of violent behavior as defined in Section III, C of this Policy; and;
4. Reminder of the private nature of the data provided.
If appropriate, the notice will also include any or all of the following:
5. Explanation of what occurred in each incident of violent behavior, if known, specifically including any mitigating factors;
6. Types of situations that might trigger violent behavior by the student, if known;
7. Successful strategies or interventions, if known; and;
8. Documents that the staff member may review to assist understanding of the student (e.g. IEP or § 504 plan).
D. Record of Notice
1. The administration will retain a copy of the notice or otherdocumentation provided to classroom teachers and school staff members notified under this section.
2. Retention of the written notice or other documentation provided to classroom teachers and school staff members is governed by the approved Records Retention Schedule.
E. Meetings Regarding Students with a History of Violent Behavior
1. If the administration determines, in his or her discretion, that the classroom teacher and/or school staff members with a legitimate educational interest in such data reasonably require access to the details regarding a student’s history of violent behavior for purposes of school safety and/or intervention services for the student, the administration will convene a meeting(s) to share and discuss such data.
2. The persons present at the meeting(s) may have access to the data described in Section IIII.C., above.
F. Law Enforcement Reports
Staff members will be provided with notice of disposition orders or law enforcement reports received by the school district in accordance with Policy 515, Protection and Privacy of Pupil Records. Where appropriate, information obtained from disposition orders or law enforcement reports also may be included in a Notification of Violent Behavior. Notice will be given to staff within a reasonable time, not to exceed 10 business days.
V. MAINTENANCE AND TRANSFER OF RECORDS
A report, notice, or documentation pertaining to a student with a history of violent behavior are educational records of a student and will be retained, maintained, and transferred to a school or school district in which a student seeks to enroll in accordance with Policy 515, Protection and Privacy of Pupil Records.
VI. PARENTAL NOTICE
A. The administration will notify parents annually that the school district gives classroom teachers and other school staff members with a legitimate educational interest notice about students’ history of violent behavior.
B. Prior to providing the written notice of a student’s violent behavior to classroom teachers and/or school staff members, the administration will inform the student’s parent or guardian that such notice will be provided.
C. Parents will be given notice that they have the right to review and challenge records or data, including the data documenting the history of violent behavior) in accordance with Policy 515, Protection and Privacy of Pupil Records.
D. Supports will be offered to families through the school social worker or administrative designee.
VII. TRAINING NEEDS
Representatives of the school administration and representatives of the teachers will discuss the needs of students and staff. The parties may discuss necessary training which may include training on conflict resolution and positive behavior interventions and may discuss necessary intervention services such as student behavioral assessments.
Legal References:
- Minn. Stat. Ch. 13 (Minnesota Government Data Practices Act)
- Minn. Stat. § 120A.22, Subd. 7 (School Attendance - Education Records)
- Minn. Stat. § 121A.45 (Grounds for Dismissal)
- Minn. Stat. § 121A.64 (Notification of Students with Violent Behavior)
- Minn. Stat. § 121A.75 (Law Enforcement Notice to Schools)
- Rules Parts 1205.0100-1205.2000 (Data Practices)
- 20 U.S.C. § 1232g (Family Educational Rights and Privacy Act)
- 34 C.F.R. §§ 99.1-99.67 (Rules Implementing FERPA)
- Minn. Laws 2003, 1st Sp., Ch. 9, Art. 2, § 53
Cross References:
- MSBA/MASA Model Policy 515 (Protection and Privacy of Pupil Records)
ADOPTED BY THE BOARD OF EDUCATION: December 15, 2003
REVISED BY THE BOARD OF EDUCATION: June 17, 2008
REVISED BY THE BOARD OF EDUCATION: December 16, 2019