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Removal of a student from the classroom due to disruption, Policy 5300.35

The School District has determined that certain acts of misconduct interfere with instruction and/or the safety and welfare of students and staff.  Although some incidents of misconduct may require removal from the classroom or suspension from school, effort will be made to deal with misconduct without removal from the classroom or suspension from school.  This is in keeping with the District goal of avoiding consequences that interrupt or interfere with learning.  However, no child will be allowed to continue disrupting the instruction of the class or interfering with the safety of the school, its staff, students and visitors.

Teachers shall have the authority to remove a student from their classrooms whenever the student substantially disrupts the educational process or substantially interferes with the teacher’s authority over the classroom. “Substantially disruptive” shall mean that the course of instruction has to be discontinued more than momentarily such that it breaks the continuity of the lesson to address the disruptive conduct of the student. “Substantially interferes” with the teacher’s authority over the classroom shall mean that the student has been insubordinate to the teacher in the presence of the class and has failed to obey the teacher’s directives to cease and desist (e.g., at least two directives).

A teacher may remove a student for the remainder of the class upon the first event and for two days of class upon the second or third event.  Upon the occurrence of a fourth event, a Principal’s suspension shall occur.

Notwithstanding the above, in light of circumstances that warrant suspension, a Principal’s suspension for substantially disruptive behavior may be implemented in addition to or in lieu of removal of the student from the classroom by the teacher.

Once the teacher determines that the student has been substantially disruptive or substantially interferes with the teacher’s authority over the classroom:

  • prior to removal from the classroom (or within 24 hours of removal where the student is unmanageable or presents an ongoing threat of disruption or a continuing danger at the time of removal), the teacher shall inform the student of the basis for the removal and allow the student to informally present his/her version of the relevant events before the student is removed;
  • the Building Principal or designee must be notified immediately, in writing, by the teacher of the student’s removal and the circumstances for the removal from the teacher’s class;
  • the Building Principal or designee must inform the student’s parent of the removal and the reasons therefore within 24 hours of the student’s removal;
  • upon request, the student and his/her parent must be given an opportunity for an informal conference with the Principal or designee to discuss the reasons for removal. If the student denies the charge(s), the Principal or designee must provide an explanation of the basis for the removal and allow the student and/or his/her parent an opportunity to present the student’s version of the relevant events within 48 hours of the student’s removal.
  • the Principal’s/designee’s determination on whether or not to support the teacher’s removal of the student shall be made by the close of business on the day succeeding the 48-hour period for the informal Principal’s removal conference. The teacher who causes the removal may be required to attend the Principal’s conference at the Principal’s discretion.

The District shall provide continued educational programming and activities for students who are removed from their classrooms.

An appeal brought by the parent or student over the age of 18 of a Principal’s removal decision must be presented to the Superintendent of Schools or his/her designee prior to any further appeal.

Adoption date:   June 25, 2001