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 abdomen , or results in straddling a child ’ s torso ; 7 . Withholding regularly scheduled meals or water ; and / or 8 . Denying a child access to toilet facilities
D . 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 .
E . 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 .
F . 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 , IIIP , 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 Minn . Stat § 125A . 0942 , Subd . 5 , and otherwise comply with the requirements of § 125A . 0942 .
G . Reporting to the Minnesota Department of Education ( MDE ) By June 30 of each year , the District shall report summary data on the use of restrictive procedures to the MDE , in a form and manner determined by the Minnesota Department of Education . The summary data shall include information about the use of restrictive procedures , 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 .