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3.49—TEACHERS' REMOVAL OF STUDENT FROM CLASSROOM

Note and advisement: This policy is adopted by the Board of Directors in order to bring the District into compliance with the Division of Elementary and Secondary Education rules concerning student discipline, and to incorporate the provisions of A.C.A. § 6-18-511. However, teachers should be aware that federal law governing a student's Individual Education Program (IEP) or 504 plan, or status as an individual with a disability will supersede Arkansas law. In many cases, removing a student from a classroom due to behavioral problems, will violate a student's IEP, violate a student's 504 plan, or constitute discrimination against the student due to a disability that affects the student's ability to conform his or her behavior. Teachers have been successfully sued for IEP and 504 plan violations in other jurisdictions, and teachers need to understand that violating a student's rights is outside of the scope of his or her employment, and no insurance is available or provided by the school district for either legal defense or to pay a money judgment. Teachers who rely on this law and this policy to exclude a student with special needs or a disability are assuming a grave personal risk.

Definitions

"Appropriate interim learning environment" means an appropriate learning environment that is used for a period of time not to exceed ten (10) days.

"Appropriate learning environment" means a setting within the District that provides a similar structure to the following, without limitation:
1. A classroom; or
2. In-school suspension.

"Violent or abusive behavior" means, without limitation:
a. Using threatening language;
b. Throwing an item that risks or causes:
· Harm to another individual;
· Injury to another individual; or
· Damage to property;
c. Physically abusing a teacher or another student; or
d. Any other similar action that presents a physical danger or a threat of physical danger to a teacher or another student.

A Teacher may, but is not required to, remove a student from class:
· Who has been documented by the teacher as repeatedly interfering 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 is so unruly, disruptive, violent, or abusive that it seriously interferes with the teacher’s ability to teach the students, the class, or with the ability of the student’s classmates to learn.

A student who is removed from class shall:
o Be sent to the office of the principal or the principal’s designee;
o Be escorted from the classroom by the school administration if the student refuses to leave the classroom voluntarily;
o Not be returned to the teacher's class until a conference is held; and
o Be placed in another appropriate classroom learning environment until the conference is completed.

The conference shall be held for the purpose of:
1. Determining the causes of the problem that lead to the student’s removal and possible solutions;
2. Serving as a manifestation determination review if the student removed from the class is a student with a disability;
3. Determining if a behavioral threat assessment is necessary for the student who was removed from the class due to violent behavior.

The following individuals shall be present at the conference:
a. The principal or the principal's designee;
b. The teacher;
c. The school counselor;
d. A 504/special education representative (if applicable);
e. The parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis; and
f. The student, if appropriate.
The failure of the parents, legal guardians, persons having lawful control of the student, or persons standing in loco parentis to attend the conference shall not prevent the conference from being held nor prevent any action from being taken as a result of that conference.

Following the conclusion of the conference, the principal or the principal’s designee may take any of the following actions against a student who was removed from class:

  • Place the student into another appropriate learning environment or into in-school suspension;
  • Except for a student who was removed for violent or abusive behavior, return the student to the class; or
  • Take other appropriate action consistent with the District's discipline policy, state law, and federal law.

A student who is removed from class three (3) times during the same school year shall be placed in another appropriate learning environment for the remainder of the school year.

The District shall follow all requirements under the IDEA and 504 for students with a disability, including those surrounding a change in placement.

Date Adopted: April 8, 2013
Last Revised: February 4, 2026

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