Iowa Admin. Code r. 281-102.4

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 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.

Iowa Admin. Code r. 281-102.4

Adopted by IAB April 17, 2024/Volume XLVI, Number 21, effective 5/22/2024