Under the SAVE Act, a teacher may remove a violent or disruptive student from class when the student’s conduct poses a danger or is substantially disruptive or substantially interferes with the teacher’s authority over the classroom. Such disruption 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 such a student from class for up to two days. The removal from class applies to the class of the removing teacher only.
If a teacher determines that a student presents a danger or an ongoing threat of disruption to the academic process, a teacher may remove a student from class immediately. By the end of the school day, the teacher must notify the school principal and explain why the student was removed, and the student will be provided an opportunity to present his/her version of the events.
Within 24 hours of the removal, the principal or designee must notify the student’s parents, in writing, that the student has been removed from class and why. The notice must inform the parent that he or she has the right, upon request, to meet informally with the principal or designee to discuss the reasons for the removal. Where possible, notice should also be provided by telephone if a phone number for notification has been provided by the parent.
If the student denies the charges, the principal or designee shall provide an explanation of the basis for the removal and shall allow the student or parent an opportunity to explain the pupil’s version of relevant events. The informal conference shall be held within 48 hours of the student’s removal unless a later time is agreed to by the student or parent. The principal may require the teacher who ordered the removal to attend the informal conference if held during normal working hours.
The principal or designee shall not set aside the discipline imposed by the teacher unless a determination is made that the charges are not supported by substantial evidence, or that the removal is a violation of law, or that the student’s conduct warrants a suspension which will be imposed.
This determination must be made by the close of business on the day succeeding the 48 hour period for the informal conference (or such later informal conference date as may have been agreed to by the student or parent). No student removed from class by a teacher will be permitted to return to that class until this determination is made or the period of removal expires, whichever is less.
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.
Each teacher must keep a complete log for all cases of removal of students from his/her class. The principal must keep a log of all such removals.
Removal of a student with a disability, under certain circumstances, may constitute a change of placement. Accordingly, no teacher may remove such a student until he/she has verified with the principal or the chairperson of the Committee on Special Education that the removal will not violate the student’s rights under state or federal law or regulation.
Under the federal Gun-Free School Act of 1994, a student found guilty of bringing a firearm onto school property will be subject to at least a one year suspension from school. The terms “weapon or other hazardous instrument” used above include any firearm, pellet gun, BB gun, starter pistol, whether operable or inoperable, loaded or unloaded, knife, simulated weapon, dangerous chemical, noxious substance, explosive or any other object listed in District Policy 7360 which could be used as a weapon.
Suspended students may not attend classes or activities or enter upon any school property for the duration of the suspension. Suspended students may not attend any off-campus activities involving teams or organizations under the auspices of the school district (athletic contests, musical performances and the like) from the time the suspension is assessed until the suspension period has been completed, including any such activities held on weekend days. Violators will be subject to the penalties associated with trespassing.
When a suspension is assessed at the conclusion of a school week, the suspension period shall commence on the next regularly scheduled school day. Weekend extracurricular activities are subject to the restrictions of the suspension period, but do not count as a part of the total number of days in the suspension. When the suspension is over, a parent is expected to accompany the student to school for re-admission.
Students suspended from instruction shall be afforded their due process rights pursuant to sections 3214 and 310 of the Education Law and section 100.2 of the Commissioner’s Regulations. Students suspended from instruction for five days or less shall be given notice of the charged misconduct and may request an explanation of the basis for the suspension.
The pupil or the pupil’s parent may request an informal conference at which the pupil or parent may present the pupil’s version of the event and ask questions of complaining witnesses. This notice and the opportunity for an informal conference shall take place prior to the suspension unless the pupil’s presence poses a continuing danger or threat of disruption to the academic process.
No student may be suspended for more than five days, however, unless the student and his/her parent have had he opportunity for a fair hearing upon reasonable notice.
At that hearing the student and his/her parent have the right of representation by counsel, with the right to question witnesses against such student, and to present witnesses and other evidence on their behalf.
Students and their parents may have decisions involving suspensions and other disciplinary matters successively considered by the Superintendent of Schools, the Board of Education, and the Commissioner of Education. Appeals from the principal’s decision on suspension and other discipline must follow this progression of review, and such appeals cannot be made directly to the Commissioner of Education.
When a student of compulsory education age is suspended, the District must take immediate steps to provide alternate instruction for the student. Students who are suspended from school shall not have their absences during the suspension counted against them in the attendance regulation, unless they have been offered alternate instruction and have failed to attend such instruction.