CVA Student Handbook—Safe School Legislation (SAVE)
Suspension Disruptive Students from the Classroom by a teacher
A. Disruptive Student
For the purposes of this section, a disruptive student is an elementary or secondary student under twenty-one years of age who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.
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 and 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: (1) short-term “time out” in an elementary classroom or in an administrator’s office; (2) sending a student into the hallway briefly; (3) sending a student to the principal’s office for the remainder of the class time only; or (4) sending a student to a guidance counselor or other district staff member for counseling. Time-honored classroom management techniques such as these do not constitute disciplinary removals for purposes of this code.
On occasion, a student’s behavior may become disruptive. For purposes of this code of conduct, 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.
A classroom teacher may remove a disruptive student from class for up to two days. The removal from the class applies to the class of the removing teacher only. Consideration for this length of time of removal should be related to the student’s age or developmental level.
B. Violent Student
For the purposes of this section, a violent pupil is an elementary or secondary student under twenty-one years of age who:
- Commits an act of violence upon a teacher, administrator, or other school employee;
- Commits, while on school district property, an act of violence upon another student or any other person lawfully upon said property;
- Possesses, while on school district property, what appears to be a gun, knife, explosive or incendiary bomb, or other dangerous instrument capable of causing physical injury or death;
- Displays, while on school district property, what appears to be a gun, knife, explosive or incendiary bomb or other dangerous instrument capable of causing death or physical injury;
- Threatens, while on school district property, to use any instrument that appears capable of causing physical injury or death;
- Knowingly and intentionally damages or destroys the personal property of a teacher, administrator, other school district employee, or any person lawfully upon school district property; or
- Knowingly and intentionally damages or destroys school district property.
C. Removal of Disruptive Students from the Classroom and School Property
A disruptive student is an elementary or secondary student who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority in the classroom. A teacher could remove a substantially disruptive student from the classroom. A student who is removed from the classroom temporarily because a teacher is exercising good classroom management techniques more than two times in a semester for being disruptive may be removed from the same class for the entire period for up to two (2) class periods. The removal from a class for the entire period is considered more severe than a temporary removal like a time out situation or a trip to the guidance counselor to discuss one’s behavior. The following actions will be considered substantially disruptive, including, but not limited to:
- Insubordination – not submitting to authority, disobedient
- Defiance – bold resistance to authority or opposition
- Disrespect – to show lack of respect, discourtesy
- Rudeness – lack of consideration for others
- Discourteous behavior – bad manners, rude, impoliteness
- Vulgar language
- Obscene gestures
- Refusal to comply with teacher’s direction
- Excessive arguing with teacher
- Consistent talking
- Verbal, physical or sexual harassment or any action which threatens the physical well-being of any member of the school community
- Possession or use of illegal substances
- Possession, use or threat of the use of weapons or any dangerous instrument that is capable of causing physical injury or death
- Violation of any individual’s civil rights
D. Removal of a Disruptive Student by a Teacher
- Before removing, explain basis of removal to the student and allow student to informally present his/her version of relevant events;
- Inform principal of reasons for removal in writing as soon as possible
- If the student poses a continuing danger, or an ongoing threat of disruption to the academic process, provide the principal with a detailed basis for the removal in writing and allow informal opportunity to be heard within 24 hours
- A program of continued education by the disciplining teacher is mandatory as soon as a student is removed from class
- Attend the disciplinary conference with parent and/or student as arranged by the principal
- Student removal will not exceed two (2) class periods
- Student removal for elementary students will not exceed two (2) class periods. A class period is defined as an allotment of time that is given to teach a particular subject. For example, if a student were giving the teacher a difficult time when he/she is teaching English, this would mean that the student is removed when the teacher teaches English.
- Each teacher must keep a complete log for all cases of removal of students from his/her class.
- Within 24 hours of removal, the principal or designee, must inform parent of reasons for removal based on the referral of the teacher doing the removal.
- On request, student/parent must be given an opportunity to discuss reasons with principal and teacher at an informal conference.
- If student denies the charges, student/parent must be given explanation of basis for removal and an opportunity to present his/her version. This meeting must take place within 48 hours of removal and must include the student, teacher, parent/guardian(s), and principal.
- Principal must decide, by the close of business on the day following the opportunity to be heard by the principal, whether the discipline will be set aside. Principal may only set aside discipline if:
- The charges against the student are not supported by substantial evidence
- The student’s removal is in violation of the law
- The conduct warrants suspension and a suspension will be imposed.
- The principal will ensure that a student’s education will continue if a student is removed from class or if a student under the mandatory age of attendance is suspended from school.
- The principal will follow procedures outlined in Educational Law 3214 for suspensions longer than (5) days that may require a Superintendent’s Hearing.
- The principal must keep a log of all removals of students from class.