Code Number: 502.8
In order to provide for the safety and security of District students or others, a District employee may use reasonable and necessary force (not designed or intended to cause pain) in any of the following circumstances:
- for self-defense or the defense of others,
- to preserve order,
- to quell a disturbance or prevent an act that threatens harm to others,
- to obtain the possession of a weapon or other dangerous object within a student’s control,
- to protect property,
- to remove a disruptive pupil from any area of school premises or from school-sponsored activities off school premises, or
- to protect the student from self-infliction of harm or for the protection of others.
In addition, no employee is prohibited from using incidental, minor, or reasonable physical contact in order to maintain order or control.
Reasonable physical force should be commensurate with the situation. The following factors should be considered in determining whether physical force is reasonable and necessary under the circumstances:
- the nature of the student’s behavior or misconduct provoking the use of the physical force
- the motivation of the school employee using physical force
- the size and physical, mental, and psychological condition of the student
- the availability of less severe but equally effective means of dealing with the situation
- the means or methods used in applying the physical force
- the extent and nature of the resulting injury to the student, if any
If physical restraint or physical confinement and detention is used, the student’s parents shall be notified and given an explanation of the circumstances.
Physical restraint should not be confused with corporal punishment. Corporal punishment is prohibited and is defined as the intentional physical punishment of a student, including the use of unreasonable or unnecessary force, or physical contact made with the intent to harm or cause pain.
- First Adoption:
- 1989-04-11
- Revision Adoption:
- June 27, 1995/ April 11, 2000/ April 27, 2009/ April 8, 2013/ November 27, 2017
- Reviewed Dates:
- November 3, 2017
- Legal Reference:
-
Ingraham v.Wright, 430 U.S. 651 (1977).
Tinkham v. Kole, 110 N.W.2d 258 (1961).
Lai v. Erickson, PTPC Admin. Doc. 83-12 (1983).
Iowa Code §§ 279.8; 280.21; 704.3-5
281 I.A.C. 12.3(6); 103.
1979 Op. Att'y Gen. 275