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2512 George Mason Drive • P.O. Box 6038 Virginia Beach, Virginia 23456-0038   757.263.1000 • 757.263.1240 TDD

Policies and Regulations

School Board of the City of Virginia Beach
Regulation 5-22.1



STUDENTS


Regulation Governing Teacher Removal of Students From Class for Disruptive Behavior

Teachers shall have the initial authority to remove students from class for disruptive behavior. Disruptive behavior is defined as a violation of school board regulations governing student conduct that interrupts or obstructs the learning environment.

Nothing in this regulation shall be construed to restrict the authority either of a teacher to refer a student to the office or of a school administrator to take disciplinary action in accordance with current administrative practices, School Board policies or regulations or laws for maintaining order in the classroom.

A. Criteria for Removal

Prior to the removal of a student from class under this policy, the following criteria must be met:

1. The student's behavior is disruptive as defined above;

2. Removal of the student from the class is necessary to restore a learning environment free from interruptions and obstructions caused by the student?s behavior;

3. The teacher and/or the administration have attempted interventions on at least two occasions and these interventions have failed to end the student?s disruptive behavior;

4. Notice of the student's disruptive behavior has been provided to the student's parent(s)/guardian(s) on at least two occasions. Further, the parent(s)/guardian(s) of the student have been given the opportunity to meet with the teacher and/or administration to discuss the student's behavior.
When all of the above criteria have been satisfied, teacher removal of a student from class shall be deemed appropriate.

B. Requirements for Incident Reports

No removal under this policy shall occur unless two prior Referrals for Support Services have been filed with school administrators. Upon removal, the teacher shall file a third Referral for Support Services request with school administrators with all other documentation to support the student's removal from class.

C. Procedures for Written Notification to Student and Parent(s)/Guardian(s)

The teacher shall provide copies of all Referral for Support Services forms to the student and his or her parent(s)/guardian(s) and notify them of the opportunity to meet with the teacher and/or school administrators to discuss the behavior and the possible consequences if the behavior continues. Such notice shall be provided within twenty-four (24) hours of each incident. The teacher shall document, in writing, his or her attempts to request and encourage the parent(s)/guardian(s) to meet with school administrators and/or the teacher. Such notice and documentation shall be required for each incident report and student removal. The student and his/her parent(s)/guardian(s) must be informed in writing of their right to a review of this decision by the Superintendent or his/her designee. The student and his/her parent(s)/guardian(s) must request review of the decision within ten (10) days of the date such notice was mailed or the right to review is waived.

D. Guidelines for Alternative Assignment and Instruction of Removed Students

Upon removal of a disruptive student from the classroom, the principal shall determine the appropriate placement of the student. The principal has several options regarding the placement of a removed student including, but not limited to:

1. Recommending that the student be assigned through the Office of Student
Leadership to an alternative program;

2. Assigning the student to another class;

3. Sending the student to the principal's office, study hall, or in-school suspension. If the principal chooses any of these options, the teacher shall provide and evaluate appropriate make-up work for the student;

4. Suspending or expelling the student pursuant to School Board Policy 5-21. If the principal chooses this option, alternative instruction and assignment, if any, shall be provided according to School Board policy and in the case of students with disabilities, in accordance with federal law;

5. Returning the student to class (see procedures below).


E. Procedure for the Student's Return to Class

The principal shall determine, after consultation with the teacher, the duration of the student's removal from class. The principal shall notify the teacher of the decision to return the student to class. The following procedure shall apply if the teacher disagrees with the principal's decision to return to the class:

1. The teacher and principal shall discuss the teacher's objection to returning the student to class and the principal's reason for returning the student;

2. The teacher, after meeting with the principal, may appeal the principal's decision to the Superintendent or his/her designee within one school day. The incident reports and removal form must accompany the appeal. After discussion with the principal and teacher or receiving their written comments, the decision of the Superintendent or his/her designee shall be final. The decision shall be made within forty-eight (48) hours of the teacher's appeal. During the appeal process, the student shall not be returned to class and the principal will determine an appropriate placement for the student.
Once the decision has been made to return the student to class, the teacher and principal shall develop a plan to address future disruptive behavior.

F. Other Provisions

The principal shall ensure that students removed from class under this policy continue to receive an education in accordance with School Board polices.

Application of this policy to students with disabilities shall be consistent with federal and state law and regulations as well as School Board policy regarding students with disabilities.

Teacher deficiencies in classroom management shall be addressed in teacher evaluations pursuant to School Board Policy 4-62 and Division Regulation 4-62.1.

Editor's Note
For suspension or expulsion process see School Board
Policy 5-21 and Division Regulation 5-21.1.




Legal Reference:

Code of Va., § 22.1-276.2. Removal of students from classes.

Department of Education addendum to the Student Conduct Policy Guideline, Criteria for Teachers to Remove Students from Class for Disruptive Behavior.

Referral for Support Services form (.PDF file)


Adopted by School Board: June 16, 1998
Revised by Superintendent: May 14, 2002