Signed by Governor Bill Lee

Vote Smart's Synopsis:

Vote to amend and pass a bill that authorizes teachers to permanently remove students from the classroom for consistently misbehaving.

Highlights:

• Requires each local board of education and each public charter school governing body to adopt a policy regarding a teacher's ability to relocate a student from the student's present location to another location for the student's safety or for the safety of others (Sec. 2-49-6-3702.a-1).

• Requires a teacher to file a brief report with the principal detailing the situation that required the relocation of the student. The report must be kept either in a student discipline file, in which case the report does not become a part of the student's permanent record, or it must be filed in the student's permanent record, if the student's behavior violated the applicable zero tolerance policy (Sec. 2-49-6-3702.-2.c).

• Authorizes a teacher to submit a written request to the principal, or the principal's designee, to remove a student who repeatedly or substantially interferes with the teacher's ability to communicate effectively with the class or with the ability of the student's classmates to learn, if the student's behavior is in violation of the LEA's or school's student discipline policy or code of conduct. The written request must include documentation that the teacher has previously (Sec. 2-49-6-3704.a):

• Taken action to address the student's disruptive behavior;

• Provided consequences for the student's disruptive behavior;

• Conducted an oral conference either by a documented telephone conversation or an in-person discussion with the student's parent or guardian regarding the student's disruptive behavior;

• Provided an opportunity for school counseling or other support services deemed appropriate to address the student's disruptive behavior;

• Developed and implemented a plan to improve the student's behavior in a conference with the student; and

• Issued a disciplinary referral to address the student's disruptive behavior.

• Specifies that in order to manage student behavior, to ensure the safety of all students in the teacher's classroom and school, and to ensure students the opportunity to learn in an orderly and disciplined classroom, a teacher may refer a student to the principal or the principal's designee (Sec. 2-49-6-3703).

• Establishes, through a local board of education or public charter school governing body, an appeal process for a teacher to file an appeal when the teacher's request to remove a student from the teacher's classroom is denied (Sec. 2-6.f).

• Specifies if a teacher abuses or overuses the student removal process provided in this section, then the principal or the principal's designee must address the abuse or overuse with the teacher in compliance with the local board's or public charter school governing body's policy, as applicable, and may require the teacher to complete additional professional development to improve the teacher's classroom management skills (Sec. 2-6.g).

• Authorizes the commissioner of education to review school and district-wide reports and provide training and other resources to schools and LEAs to address any needs identified through the commissioner's review (Sec. 2-6.i).

Full Bill Text