The purpose of this memorandum is to provide information to administrators and teachers of Act 1281 of 1999 which pertains to procedures of how teachers may remove a student from class for the purpose of maintaining classroom discipline.
PROCEDURES TO REMOVE STUDENTS FROM CLASSROOMS
The teacher may remove a student from class when he/she documents that the student has repeatedly interfered with the teacher`s ability to teach the students in the class or with the ability of the student`s classmates to learn or whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher`s ability to teach the students in the class or with the ability of the student`s classmates to learn.
TIME LINE FOR REMOVAL FROM CLASS
If a teacher removes a student from class twice during any nine (9) week grading period or its equivalent as determined by the Department of Education, the principal or his designee may not return the student to the teacher`s class unless a conference is held for purposes of determining the causes of the problem and possible solutions and with the following individuals present:
(1) The principal or his designee
(2) The teacher
(3) The school counselor
(4) The parents, guardians, or persons in loco parentis
(5) The student, if appropriate
FAILURE OF PARENTS TO ATTEND THE CONFERENCE WILL NOT AFFECT THE ACTIONS BEING TAKEN BY THE ADMINISTRATOR
The failure of the parents, guardians, or persons in loco parentis to attend the conference shall neither prevent the conference from being held nor prevent any action being taken as a result of that conference.