Legal

Code of Conduct/Quick Reference

Teacher Removal of a Student

Informal Discretionary Removal (routine removal by a teacher)

A teacher may seek the help of the principal in an effort to maintain effective discipline. when a student is sent to the principal's office under this provision, the principal shall employ appropriate discipline management techniques consistent with Levels I, II or Ill of this Student Code of Conduct.

If the behavior is a violation of the Student Code of Conduct, the teacher before leaving school that day must file a written report, not to exceed one page in length, with the principal or appropriate administrator. A copy of the teacher's report will be sent to the parent or guardian within 24 hours.

Formal Discretionary Removal

A teacher may remove a student from class:

1. If a student behaves in a way that is documented by the teacher to repeatedly interfere with classroom learning; or

2. The teacher determines the student to be so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn.

If the behavior is a violation of the Student Code of Conduct the teacher must file a written report that day, not to exceed one page in length, with the principal. A copy will be sent to the parent or guardian within 24 hours.

When a student is removed from class by a teacher under this provision, the principal or designee shall schedule a conference within three class days. The conference shall include the principal or designee, parent/guardian, student, and the teacher who removed the student. Even if all persons are not present, the principal or designee may still order the appropriate placement and the duration of that placement. At the conference, the student shall be advised of the conduct with which he or she is charged and given an opportunity to explain his or her version of the incident.

The student may not be returned to his/her regular classroom before the conference.

After the conference has taken place, the principal or designee may:

1. Place the student into another appropriate classroom, or

2. Place the student into in-school suspension, or

3. Place the student into an alternative education program (AEP).

4. Return the student to the classroom with the teacher's consent.

If the principal or designee's decision is that the student should be returned to that teacher's classroom and the teacher withholds his or her consent for that return, the placement review committee shall determine the student's placement. The committee shall not return the student to that teacher's classroom unless it determines that placement is the best or only alternative available.

Terms of removal may prohibit the student from attending or participating in school sponsored or school related activities.

Mandatory Removal by a Teacher

A teacher is required to remove from the classroom a student who engages in conduct described under Level V of the Student Code of Conduct. The principal or designee shall either place a student removed under this provision into an alternative education program or recommend expulsion of the student. when a student is removed from class by a teacher under this provision, the principal shall schedule a conference within three days. The conference shall include the principal, parent/guardian, student, and the teacher who removed the student, when appropriate. Even if all persons are not present, the principal may still order the appropriate placement and the duration of that placement. At the conference, the student is entitled to notice of the reasons for removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for removal. The student may not be returned to his/her classroom before the conference.

If the principal's decision is to recommend the student be expelled, the student will be provided a due process hearing for expulsion consistent with this Student Code of Conduct.

If the principal or designee's decision is that the student should be returned to that teacher's classroom following completion of the assignment to an alternative education program and the teacher withholds his or her consent for that return, the placement review committee shall determine the student's placement. The committee shall not return the student to that teacher's classroom unless it determines that placement is the best or only alternative available.

Terms of removal shall prohibit the student from attending or participating in school -sponsored or school-related activities during the period of removal.

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