Code of Discipline

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Code of Discipline

Removal of a Disruptive Student from the Classroom
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A student's behavior can affect a teacher's ability to teach and can make it difficult for other students in the classroom to learn. In most instances, the classroom teacher can control a student's behavior and maintain or restore control over the classroom by using good classroom management techniques. These techniques may include practices that involve the teacher directing a student to briefly leave the classroom, to give the student an opportunity to regain his or her composure and self-control in an alternative setting. Such practices may include but are not limited to:

Short-term "time-out" in a classroom, time out room or in a school administrator's office;
Sending a student to the building principal's office for the remainder of the class time only;
Sending a student to a school counselor or other district staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removal for purposes of this code of discipline.

On occasion, a student's behavior may become disruptive. For purposes of this code of discipline, a disruptive student is a student who is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom. A substantial disruption of the educational process or substantial interference with a teacher's authority occurs when a student demonstrates a persistent unwillingness to comply with the teacher's instructions or repeatedly violates the teacher's classroom behavior rules.

If the disruptive students does not pose a danger and is not an ongoing threat of disruption to the academic process, the teacher must provide the student with an explanation of why he or she is being removed and an opportunity to explain his or her version of the relevant events before the student is removed.

Teacher must provide the administrator with a teacher removal form indicating actions/events that necessitated the removal by the end of the school day. Teacher must make a reasonable effort to contact the student's parent/guardian of the student's removal from class and it is recommended that the teacher document efforts to do so.

If the student poses a danger or poses an ongoing threat of disruption, the teacher may order the student to be removed immediately. The teacher must, however, explain to the student why he or she was removed from the classroom, complete a teacher removal form, and give the student a chance to present his or her version of the relevant events within 24 hours. If student at any time shouts, uses profanity, or refuses to leave the room, the teacher shall indicate these actions on the teacher removal form and may call for assistance in removing the student from class. Length of student removal from class shall be progressive from remainder of period to a maximum of three days.

Within 24 hours after the student's removal, the building principal or designee must notify the student's parents, in writing or by telephone, that the student has been removed from the class and why.

The notice must also inform the parent that he or she and the student have the right, upon request, to meet informally with the principal or designee to discuss the reasons for the removal.

Upon the request of the parent/guardian, the informal meeting must be held within 48 hours of the student's removal. The teacher may be required to attend the meeting. If at the meeting, the student denies the charges, the building principal or designee must explain why the student was removed and give the student and the student's parent/guardian a chance to present the student's version of the relevant events.

The building principal or the assistant principal may overturn the removal of the student from class if the building principal finds any of the following:

The charges against the student are not supported by substantial evidence.
The student's removal is otherwise in violation of law, including the code of conduct.
The conduct warrants suspension from school pursuant to Education Law Section 3214 and a suspension will be imposed.

Any disruptive student removed from the classroom by the classroom teacher shall be offered continued educational programming and activities until he or she is permitted to return to the classroom. Removal of a student with a disability, under certain circumstances, may constitute a change in the student's placement. A student's program as outlined in the IEP must be followed.

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