PACT Charter School

Original Creation Date: September 28, 2015
Last Approved By: PACT Charter School Board of Directors
Last Approved Date: July 11, 2024
Year Reviewed: 2024-2025

PURPOSE

This policy describes the appropriate use of police officers to physically remove a student with an Individualized Education Plan (IEP) from school grounds.

POLICY STATEMENT

1. The school district is committed to promoting safe learning environments for all members of the school community. Student safety is a top priority and students should be reasonably protected from physical or emotional harm at school locations and during school activities.
2. In general, all students, including those with Individual Education Plans, are subject to the terms of the school district’s discipline policy. Building-level administrators are responsible for maintaining a safe, secure, and orderly educational environment within which learning can occur. Corrective action to discipline a student and/or modify a student’s behavior shall be taken by appropriate staff when a student’s behavior violates the school district’s discipline policy.
3. If a student with or without an Individual Education Plan engages in conduct that 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, the student may be physically removed from school grounds in accordance with this policy.

CRISIS TEAM INVOLVEMENT

1. 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, or school property, the building’s crisis team may be summoned. The crisis team may attempt to de-escalate the student’s behavior by using strategies in which the team is trained and/or strategies or procedures that may be described in this IEP (or positive behavior support plan). When such measures fail, or when the crisis team determines that the student’s behavior continues to endanger the health, safety, or property of the student, other students, staff members, or school property, the crisis team may recommend to the administrator or designee that the student be removed from school grounds.
2. If the student’s behavior cannot be safely managed, school personnel may immediately request assistance from a police officer. When possible, school personnel should consult with a building administrator before requesting assistance from a police officer.

REMOVAL BY POLICE OFFICER

1. If a student with an IEP engages in conduct that endangers or may endanger the health, safety, or property of the student, other students, staff members, or school property, a building administrator or designee may request that the police officer remove the student from school grounds.
2. If a student with an IEP is restrained or removed from a classroom, school building, or school grounds by a police 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.
3. Whether or not a student with an IEP engages in conduct that endangers 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 the 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 policy (Student Records).
4. The fact that a student with an IEP is covered by special education law does not prevent state law enforcement and/or judicial authorities from exercising their authority regarding the application of federal and state law to crimes committed by a student with an IEP.

PARENTAL NOTIFICATION

A building administrator or designee shall make reasonable efforts to notify the student’s parents or guardians as soon as practical after the student’s removal from school grounds.

Legal References:

Minn. Stat. § 13.01, et seq. (Minnesota Government Data Practices Act)

Minn. Stat. §§ 121A.40-121A.56 (Minnesota Pupil Fair Dismissal Act)

20 U.S.C. § 1232g et seq. (Family Educational Rights and Privacy (FERPA)) 

20 U.S.C. §1415(k)(6) (Individuals with Disabilities Education Improvement Act of 2004 (IDEA))

34 C.F.R. §300.535 (Referral to and Action by Law Enforcement and Judicial Authorities)

Minn. Stat. §121A.582 (Student Discipline; Reasonable Force)

Minn. Stat. §121A.61 (Discipline and Removal of Students from Class)

Minn. Stat. §121A.67 (Removal by Peace Officer)

Minn. Stat. §609.06 (Authorized Use of Force)

Minn. Stat. §609.379 (Permitted Actions)

Minn. Stat. §125A.091-092 (Restrictive Procedures for Children with Disabilities)

Minn. Stat. §124E.03 subd. 3; subd 4, para (b) (Charter School Law)