Policy 5437 – Threats/Assaults

Students are prohibited from engaging in any of the following actions:

  1. fighting with, physically assaulting, or threatening (through verbal, written, electronic, or other forms of communication) other students, District employees, and/or any other visitor to District property, including but not limited to the making of death threats;
  2. sexually assaulting (as defined under state law) other students, District employees, and/or any other visitor to District property;
  3. knowingly conveying (through verbal, written, electronic or other forms of communication) any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any school property by means of explosives or firearms;
  4. extortion of students, District employees, and/or any other visitor to District property.

Law enforcement contact and disciplinary action for violation of this policy is outlined in Rule 5437. In addition, students may be referred to law enforcement for prosecution under applicable laws.

Students with Disabilities

The rights and protections afforded to students with disabilities under the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and Wisconsin Statutes §§ 115.76–115.793 supersede this policy where applicable. Nothing in this policy shall be construed to diminish or waive those rights.

LEGAL REF.:

  • Wisconsin Statutes:
    • Chapters 940, 943, and 948
  • Wisconsin Statutes Sections:
    • 48.981 (Abused and Neglected Children and Abused Unborn Children)
    • 120.13(1) (School Government Rules- Suspension/Expulsion)
    • 175.32 (School Violence)
    • 895.035 (Parental Liability for Acts of Minor Child)
    • 947.015 (Bomb Scares)
    • 947.019 (Terrorist Threats)
    • 115.76–115.793 (Wisconsin Special Education – IDEA State Implementation)
    • 115.787 (Individualized Education Programs; IEP team requirements)
    • 115.792 (Procedural safeguards for students with disabilities)
  • WISCONSIN ADMINISTRATIVE CODE:
    • PI 11 (Special Education Administrative Rules)
  • FEDERAL LAW:
    • IDEA, 20 U.S.C. § 1400 et seq.
    • S.C. § 1414(d)(3)(B)(i) (Positive behavioral interventions)
    • 20 U.S.C. § 1415(k) (IDEA disciplinary procedures)
    • S.C. § 1415(k)(1)(E) (MDR timing – 10-day requirement)
    • 20 U.S.C. § 1415(k)(1)(G) (Special circumstances – weapons, drugs, serious bodily injury)
    • 20 U.S.C. § 1415(k)(5) (IDEA “basis of knowledge” / deemed to know provisions)
    • F.R. §§ 300.530–300.537 (Federal IDEA discipline regulations)
    • 34 C.F.R. § 300.534 (Federal regulatory implementation of basis of knowledge)
    • 34 C.F.R. § 300.534(d) (Expedited evaluation requirement)
    • F.R. § 300.536 (Change of placement – pattern of removals)
    • Section 504, Rehabilitation Act of 1973; ADA of 1990, as amended

CROSS REF.:

ADMINISTRATIVE REGULATIONS: None

REVISED:

  • May 25, 1999
  • November 15, 2016
  • June 28, 2022
  • August 25, 2026

Rule 5437 – Threats/Assaults

Students may be disciplined as provided under this Rule only if doing so is consistent with state and federal laws and regulations and established District policies, rules, and regulations, including but not limited to those pertaining to student conduct and discipline, suspension, expulsion, and discipline of students with disabilities.

  1. Fighting With, Physically Assaulting, or Threatening Other Students, District Staff, and/or Any Other Visitor to District Property
    Students involved in fighting, physically assaulting, or threatening (through verbal, written, electronic, or other forms of communication) other students, District staff, and/or any other visitor to District property may face disciplinary action, suspension, and/or referral to the Administrative Review Committee for expulsion consideration, as specified below:

    1. If a fight was serious in nature or if a student is involved in repeated incidents of fighting, the student will be suspended and referred to the Administrative Review Committee for expulsion consideration.
    2. In the case of a death threat or threat of extreme bodily harm (communicated through verbal, written, electronic, or other forms of communication), the Administrator and/or designee will assess the legitimacy of the threat using defined District Threat Assessment procedures. Contingent on the outcome of the assessment, the student may be   suspended and referred to the Administrative Review Committee for expulsion consideration.
    3. Physical assault will result in a suspension and referral to the Administrative Review Committee for expulsion consideration.
    4. Any threat that compromises the health or safety of the building or its members through mass violence may face disciplinary action, including suspension and referral to the Administrative Review Committee for expulsion consideration. Administrator and/or designee will assess the legitimacy of the threat using defined District Threat Assessment procedures.
    5. In all instances noted above, depending on the seriousness of the offense, law enforcement officials may be notified. Additionally, criminal and/or civil action may result. However, prosecution under state law and/or the settlement of a monetary reimbursement is the responsibility of the offended.
  2. Sexual Assault on Another Student, District Employee, and/or Any Other Visitor to District Property
    Students who sexually assault (as defined under state law) another student, District employee, and/or any other visitor to District property will be subject to disciplinary action, including immediate suspension and referral to the Administrative Review Committee for expulsion consideration. Children and Family Services and law enforcement officials will be notified.  Title IX procedures will be followed per policy 1710.
  3. Bomb and/or School Shooting Threats/Scares
    Students who knowingly convey (through verbal, written, electronic, or other forms of communication) any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any school property or to cause bodily harm to others by means of explosives or firearms will be subject to immediate suspension referral to the Administrative Review Committee for expulsion consideration. Law enforcement officials will be notified, as Wis. Stat. § 175.32 mandates immediate notification to law enforcement for any serious and imminent threat to the health or safety of a student, District employee, or the public. Additionally, Wis. Stat. § 947.015 makes it a Class I Felony to intentionally convey or cause to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by the means of explosives. Further, Wis. Stat. § 947.019 generally states that any individual who makes real or false claims threatening to cause death or bodily harm to any person or damage to District property (which would include threats regarding shootings bomb threats) is guilty of a Class I felony. Restitution will be expected from the parent/guardian and/or the student to the extent permitted under the law.
  4. Extortion of Another Student, District Employee, or Any Other Visitor to District Property
    A student practicing or attempting extortion of another student, District employee, or any other visitor to District property will be subject to immediate suspension and referral to the Administrative Review Committee for expulsion consideration. Corrective action will be taken. Restitution will be expected from the parent/guardian and/or the student to the extent permitted under the law. Depending on the seriousness of the offense, law enforcement officials may be notified.

Administrative Review Process

When a student is referred to the Administrative Review (AR) Committee for an expellable offense under this Rule, the general procedures governing the AR Committee, including referral, notification, and hearing requirements, are set forth in Administrative Regulation 5430.  Those procedures apply to all students referred under this Rule.

The provisions of the section below apply specifically to students with disabilities and establish the additional procedural requirements imposed by the Individuals with Disabilities Education Act (IDEA), Section 504, and Wisconsin law.  In the event of any conflict between Administrative Regulation 5430 and this section of this Rule as applied to a student with a disability, the requirements of this section shall govern.

  1. Administrative Review Process and Students with Disabilities
    When a student with a disability is referred to the Administrative Review (AR) Committee for an expellable offense under this Rule, the district shall follow the structured process below to ensure all applicable IDEA and Section 504 procedural safeguards are honored. The Administrative Review and any required Manifestation Determination Review (MDR) are sequential, coordinated steps.

    1. Step 1: Notification Prior to Administrative Review
      Before the Administrative Review is convened, the building administrator shall notify the Special Education Director or designee of the referral. The Special Education Director or designee shall provide the AR Committee with the following prior to or at the time of the review:

      1. Whether the student has a current IEP or 504 Plan;
      2. Whether a Behavior Intervention Plan (BIP) is in place and, if so, whether it was being implemented with fidelity;
      3. Any relevant disability-related context that may bear on the nature of the conduct; and
      4. A preliminary (non-binding) assessment of whether the conduct may be related to the student’s disability, to inform the committee’s deliberation.
    2. Step 2:  Administrative Review Committee Recommendation
      The AR Committee reviews the administrator’s recommendation and available information. If the committee’s recommendation would result in an abeyance or a change of educational placement (including expulsion or placement in an alternative setting exceeding 10 cumulative school days), the process proceeds to Step 3 before any such recommendation is finalized. Note: A referral to the AR Committee alone does not constitute a change of placement. The IDEA obligation to conduct an MDR is triggered when the committee’s recommendation would result in a removal constituting a change of placement.
    3. Step 3:  Manifestation Determination Review (MDR)
      If the AR recommendation would result in a change of placement, the district shall convene an MDR within 10 school days of the AR recommendation. The MDR team, which includes the parent/guardian, relevant members of the IEP or 504 team, and other qualified personnel, shall determine:

      1. Whether the conduct was caused by, or had a direct and substantial relationship to, the student’s disability; or
      2. Whether the conduct was a direct result of the district’s failure to implement the student’s IEP.
    4. Step 4:  Outcomes Based on MDR Finding
      If the behavior IS a manifestation of the student’s disability:

      1. The student may not be expelled or subjected to a disciplinary change of placement based on that conduct;
      2. The IEP team shall conduct or review a Functional Behavioral Assessment (FBA) and implement or revise the Behavior Intervention Plan (BIP); and
      3. The student shall be returned to the placement from which they were removed, unless the parent and district agree otherwise as part of modifying the BIP; except in special circumstances (see Step 5).

      If the behavior is NOT a manifestation of the student’s disability:

      1. Disciplinary procedures applicable to students without disabilities may be applied, including expulsion;
      2. However, the district must continue to provide FAPE during any period of expulsion. Unlike students without disabilities, a student with a disability cannot be fully excluded from educational services even during expulsion;
      3. The IEP or 504 team shall determine the appropriate educational services to be provided during the expulsion period.
    5. Step 5:  Special Circumstances (IAES)
      Regardless of the MDR outcome, school personnel may unilaterally place a student with a disability in an Interim Alternative Educational Setting (IAES) for up to 45 school days when the student: (i) carries or possesses a weapon at school or a school function; (ii) knowingly possesses or uses illegal drugs or sells a controlled substance at school; or (iii) inflicts serious bodily injury upon another person at school or a school function. FAPE must continue in the IAES.
    6. Step 6:  Parental Rights and Procedural Safeguards
      At each stage of the above process, the district shall ensure the following:

      1. Parents/guardians are provided written notice of any proposed change of placement and a copy of the IDEA procedural safeguards;
      2. Parents/guardians are informed of their right to request a due process hearing or file a state complaint to challenge any disciplinary decision they believe violates IDEA or Section 504;
      3. Employees serving on the AR Committee shall receive training on IDEA disciplinary requirements to ensure informed decision-making;
      4. No employee shall face retaliation for raising concerns about whether a student’s disability was appropriately considered during the Administrative Review process.

General Discipline Requirements for Students with Disabilities

The following requirements apply to all disciplinary actions under this Rule involving students with disabilities, regardless of whether the matter proceeds to Administrative Review:

  1. 10-Day Threshold: The district shall track cumulative disciplinary removals for each student with a disability. Once a student has been removed for more than 10 cumulative school days in a school year, FAPE services must be provided for any subsequent removal, and the pattern of removals must be evaluated for whether a change of placement has occurred.
  2. Threat Assessment and Disability: When a student with a disability is subject to a District Threat Assessment, the threat assessment team shall include or consult with a member of the student’s IEP or 504 team to ensure the process accounts for disability-related communication styles, behavioral profiles, and relevant history.
  3. Positive Behavioral Supports: The district shall utilize positive behavioral interventions, supports, and strategies (PBIS) and shall exhaust appropriate proactive supports before escalating to punitive responses where behavior is related to a student’s disability.
  4. 24-Hour Notification: The building administrator shall notify the Special Education Director or designee within 24 hours of any incident under this Rule involving a student with an IEP or 504 Plan.

“Deemed to Know” Students with Pending Evaluations

When a student has not yet been determined to be eligible for special education services under IDEA or Section 504, but a disciplinary action for an expellable offense is initiated, the district shall treat the student as eligible for applicable IDEA and Section 504 protections if any of the following conditions existed prior to the behavioral incident:

  1. The parent/guardian had submitted a written request for a special education evaluation to the student’s teacher or other District personnel;
  2. The student’s teacher or other District personnel had expressed specific concerns about a pattern of behavior directly to the Director of Special Education or other supervisory personnel (Building Administrator, Building Special Education Coordinator); and/or
  3. The district had already initiated an evaluation process for the student prior to the incident.

Limitations on “Deemed to Know” Status

The district is not deemed to know a student has a disability if:

  1. The parent/guardian previously refused consent for evaluation;
  2. The parent/guardian previously refused special education services; or
  3. The student was previously evaluated and determined not eligible.

Disciplinary Procedures When “Deemed to Know” Applies

When the district is deemed to know, the student is entitled to the same procedural protections as an eligible student under IDEA, including MDR requirements prior to any change of placement. If the district was not deemed to know, the student may be disciplined in accordance with policies applicable to students without disabilities; however, if an evaluation is requested during the disciplinary period, the district shall conduct an expedited evaluation. The student shall remain in the educational placement determined by school officials pending the evaluation result, which may include an alternative setting.