Iowa Admin. Code r. 281-102.4 - Exceptions
(1)
The following do not constitute physical abuse , and no school employee is
prohibited from:
a. Using reasonable and
necessary force, not designed or intended to cause pain:
(1) To quell a disturbance or prevent an act
that threatens physical harm to any person.
(2) To obtain possession of a weapon or other
dangerous object within a pupil's control.
(3) For the purposes of self-defense or
defense of others as provided for in Iowa Code section
704.3.
(4) For the protection of property as
provided for in Iowa Code section
704.4 or
704.5.
(5) To remove a disruptive pupil from class,
or any area of school premises or from school-sponsored activities off school
premises.
(6) To prevent a student
from the self-infliction of harm.
(7) To protect the safety of
others.
b. Using
incidental, minor, or reasonable physical contact to maintain order and
control.
(2) In
determining the reasonableness of the contact or force used, the following
factors will be considered:
a. The nature of
the misconduct of the student , if any, precipitating the physical contact by
the school employee .
b. The size
and physical condition of the student .
c. The instrumentality used in making the
physical contact.
d. The motivation
of the school employee in initiating the physical contact.
e. The extent of injury to the student
resulting from the physical contact.
(3) The provisions of this rule apply only at
the level-two stage of any investigation and will not be considered by a
level-one investigator.
Notes
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