D. Teacher Removal of Disruptive Students
The District has a long-standing set of expectations for school behavior, based upon the principles of civility, mutual respect, citizenship, character, tolerance, honesty, and integrity. These expectations apply to all members of the school community, and are described in the “Statement of Behavioral Expectations” in the introduction of this Code of Conduct. Accordingly, teachers maintain classroom environments reflective of good management techniques, and students behave in accordance with the Code of Conduct. Occasionally, students exhibit disruptive behavior, which warrants removal from class by the teacher. In these cases, the following procedures apply.
A classroom teacher may remove a disruptive student (as defined in this code) from his/her class for up to two school days if the teacher finds the student’s continued presence to pose a threat of disruption or a danger. The teacher must provide the student with an explanation of the basis for the removal, and allow the student to informally present the pupil’s version of relevant events prior to removing the student from the classroom unless the teacher finds the student’s continued presence in the classroom poses a continuing danger to person or property or an ongoing threat of disruption to the academic process, in which case the teacher shall provide the student with an explanation of the basis for the removal and an informal opportunity to be heard within 24 hours of the student’s removal. The teacher must then send the student to an administrator’s office. The two school days are additional to the day in which the removal occurs. A class at the K-6 level is the interval of time devoted to instruction in a specific subject matter area.
The teacher must complete a District-established referral form and meet with the principal as soon as possible, but no later than the end of the same school day, to explain the circumstances of the removal and to present the referral form. If the principal is not available by the end of the same school day, the teacher must leave the form with the secretary and meet with the principal prior to the beginning of classes on the next school day.
Within twenty-four hours, the principal must notify the student’s parent of the removal and provide the reason(s) for the removal. The notification should be made by telephone, followed by a letter or a copy of the referral form. The principal must, in addition, inform the parent of his/her right to an informal conference which will include the student, parent, teacher and principal. Upon the student and/or person in parental relation’s request, an informal conference must be held to discuss the reasons for removal and intervention(s) to remedy the cause for the removal. The informal conference also will allow the student to present his or her version of the event(s). The informal conference must take place within 48 hours of the student’s removal from class. These timelines may be extended by mutual agreement of the parent, teacher, and principal. In the case of multiple removals of a student on the same day, an informal conference involving all appropriate teachers may be held. The unavailability of the parent for telephone contact or informal conference will not impede the removal process. In this case, the student maintains the right to an informal conference.
The principal may overturn the removal of the student from the class only if in the principal’s judgment there is a lack of substantial evidence to support a removal, there is violation of law, there is justification for suspending the student from school, or the removal is inconsistent with the Code of Conduct. The principal’s determination to set aside the removal must be made by the close of business on the day succeeding 48-hour period for an informal hearing. Accordingly, after discussion with the teacher, the principal may return the student to class. No student removed pursuant to this section shall return to the classroom until the principal makes this final determination, or the period of removal expires, whichever is shorter.
After meeting with an administrator, a student who is removed from class may be placed in a supervised setting until the period of removal is completed. As soon as possible, but no later than the beginning of the next school day, the removing teacher must provide a guide for instruction (on a District prepared form) and appropriate instructional material(s).
Each teacher must keep a complete log (on a District provided form) for all cases of removal of students from his/her class. Teachers must ensure that the cumulative days of removal of a special education student do not violate state or federal law or regulation. The principal must keep a log of all removals of students from class.
Nothing in this code abridges the customary right or responsibility of a principal to suspend a student. Moreover, nothing in this code abridges the customary right and responsibility of a teacher to manage student behavior in the classroom. Short-term, time-honored classroom management techniques such as “time out” in the classroom or in an administrator’s office, sending students briefly into the hallway, and sending the student to an administrator’s office for the remainder of the class period only are not considered removals from class within the context of this code.