Guidelines in Connecticut
In Connecticut, removal from a classroom is defined as exclusion for all or part of a single class period, provided that such exclusion does not exceed ninety minutes. A teacher may remove a student from class if that student deliberately causes a significant disruption to the educational process within the classroom. When a teacher decides to take this action, they must send the student to a designated area and immediately notify the principal with the student's name and details of the incident. Generally, an informal hearing is not required for student removal. However, students have the right to an informal hearing if they are removed from class more than six times during the school year or more than twice in the same week, whichever occurs first.
Guidelines in New York
In New York, teachers have the ability to remove a disruptive student from the classroom in compliance with the discipline measures outlined in the code of conduct adopted by the local board of education. School authorities in each district are required to establish policies ensuring continued educational activities for students who have been removed. Additionally, a student cannot be removed in a manner that violates any state or federal law or regulation.
If your child is removed from their classroom, the teacher must inform both your child and the school principal of the reasons for the removal. If the teacher determines that your child's presence does not pose a continuing danger to others or a threat to the academic process, the teacher must provide your child with an explanation of the reasons for the removal, and allow the student to present their side of the story informally before being removed. In other cases, the teacher must explain the basis for the removal and offer an informal opportunity for the student to be heard within twenty-four hours of the removal.
Contact Us
If you have any questions regarding student rights in Connecticut or New York, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
