Classroom Removal of Disruptive Students: JKBA-R

As used in this regulation, the term "Classroom Removal" means the teachers exclusion of a student from the classroom for causing a disruption in the classroom through behavior that is initiated, willful and overt on the part of the student. Teachers may also exclude students from class without the incident being classified as a Classroom Removal provided the removal meets the requirements of the building referral process. If the incident is to be considered a Classroom Removal, the teacher must complete a Classroom Removal Due Process Form and submit it to the building Principal or designee. A Classroom Removal is not a suspension from school.

Under this regulation a “term" shall be a grading period at the elementary level and at the secondary level, and at the secondary level, the time period during which classroom credit is earned.

Due Process for Classroom Removal.

The following procedures shall be followed with respect to any Classroom Removal of a student.

1. A teacher may remove a student from his/her classroom for the remainder of the class period for causing a disruption through behavior that is initiated, willful and overt on the part of the student.

2. Except as otherwise set forth in this section, as soon as possible after a Classroom Removal of a student (and within 24 hours), the teacher shall complete the Classroom Removal Due Process Form and provide a copy to the Principal or designee. The Principal or designee shall have the power to overturn the removal decision of a teacher if the Principal or designee determines that due process has not been afforded.

3. The teacher initiating the disciplinary removal of a student from the classroom shall provide the Principal or designee with assignments and other course work to be completed by the student as make-up work to account for the period of removal, and the teacher shall contact the parent or legal guardian of the student as soon as possible after the removal to request the parent's or legal guardian's attendance at a student-teacher conference with the teacher concerning the removal. The teacher shall notify the Principal or designee of the time and place of the meeting. The Principal or designee is encouraged to attend.

4. The teacher may develop a discipline contract approved by the Principal or designee after a student's first one-day removal from the classroom during any term and must develop a discipline contract approved by the Principal or designee after a student's second one-day removal from the classroom during any term. The teacher and school administration shall make reasonable efforts to ensure that the discipline contract is developed and approved before the student is scheduled to re-enter class. However, the student shall not be excluded from class pending completion of the discipline contract. The discipline contract must include a statement of the desired behavioral goal. The discipline contract shall also indicate that a third Classroom Removal during a term will result in the student's removal from the classroom for the remainder of the grading period. As soon as possible, the teacher shall provide a copy of the discipline contract, as well as a copy of each revision thereto, to the student and the parent or legal guardian of the student. In order for a student to be removed from class due to a third Classroom Removal, an approved discipline contract, a copy of which has been provided to the student and parent /guardian, must have been in place and implemented prior to the class period during which the third event occurred. Removals by substitute teachers may be counted as documented Classroom Removals at the discretion of the Principal.

5. For any student removed from the classroom for the remainder of a grading period as provided in paragraph 4 above, the teacher responsible for the removal shall, in a timely fashion, and unless excused by the Principal, provide the Principal or designee with a lesson plan, assignments, other course work, quizzes and exams for the remainder of the term which the teacher must grade and return to the student within a reasonable time so as to allow the student to complete and receive credit for the course.

6. Classroom Removals shall not count as suspensions for purposes of declaring a student as “habitually disruptive” unless school administration takes the necessary steps under Policy JK, Student Discipline.

7. After a Classroom Removal has been imposed, a suspension or expulsion can also be imposed for the same behavior, if the Principal or designee can support a violation of Policy JIC and JIC-R, Student Conduct.

8. A teacher’s ability to remove a student with disabilities from the classroom for disciplinary purposes shall be subject to governing law and the terms and conditions of the student's IEP or §504 Plan. In general, any one-day disciplinary removal of a disabled student from the classroom will be permissible unless it constitutes a change of placement when considered in connection with any suspensions and prior removals the student may have received during the school year. In general, any such change in placement, or the disciplinary removal of a disabled student from the classroom for the remainder of a term, must be preceded by a determination made by the student's IEP or §504 team that the student’s alleged conduct was not a manifestation of his or her disability.

Approved  March 13, 2001

LEGAL REFS:  C.R.S. 22-33-109.1 (2)(a)(11)