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Policy 508 - Use Of Peace Officers To Remove Students With Or Without Individual Education Plans From School Grounds

I. Purpose

This policy describes the appropriate use of peace officers and school resource officers to physically remove a student with or without an Individualized Education Plan (IEP) from school grounds.

II. General Statement of Policy

A. The school district is committed to promoting learning environments that are safe 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.

B. All students, including those with Individual Education Plans, are subject to the terms of the school district’s discipline policy. Building level administrators have the responsibility to maintain 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.

C. 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 and associated regulations.
 

Legal References

  • 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, Subd. 2 (Aversive and Deprivation Procedures)
  • Minn. Stat. §§ 125A.094-125A.0942 (Restrictive Procedures for Children with Disabilities)
  • Minn. Stat. § 609.06 (Authorized Use of Force)
  • Minn. Stat. § 609.379 (Permitted Actions)
  • 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 (IDEA Regulation Regarding Involvement of Law Enforcement)

Adoption and Amendment History

  • Adopted: April 5, 2004
  • Amended: October 13, 2014
  • Last Reviewed: June 10, 2024

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