Policy Handbook 2022-23 | Page 49

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 ” 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
D . “ 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 .
E . 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 .
F . “ Emergency ” means a situation where immediate intervention is needed to protect a child or other individual ( s ) from physical injury .
G . 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 .
II . REMOVAL OF STUDENTS WITH IEPs 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 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 .
B . 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 .
C . 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 , school district personnel are further prohibited from engaging in the following conduct :
1 . Corporal punishment prohibited by Minn . Stat . § 121A . 58 ;
2 . Requiring a child to assume and maintain a specified physical position , activity , or posture that induces physical pain ;
3 . Totally or partially restricting a child ’ s senses as punishment ;
4 . 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 ;
5 . Interacting with a child in a manner that constitutes sexual abuse , neglect , or physical abuse under Minn . Stat . § 626.556 ;
6 . 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
2022-23 School Handbook ahschools . us / policies 47