• Brewster Central School District
    Code of Conduct 2022-2023

    X.  Provisions for the Removal From the Classroom and From School Property, Including a School Function, of Students and Other Persons Who Violate the Code

    1.  For purpose of this Code, the following definitions apply:
      1. Disruptive Pupil – One who is substantially disruptive of the educational process or substantially interferes with the teacher’s authority over the classroom.
      2. Removal –Students are precluded from returning to the class of the teacher from which they were removed.

    2. Process for Removal of a Disruptive Student 
      1. If the student does present a danger or an ongoing threat of disruption to the academic process, removal can be immediate, but the school administrator must provide the removed student an opportunity to present his/her version of the events within 24 hours of removal.
      2. If the student does not present a danger or an ongoing threat of disruption to the academic process, before removal the school administrator must provide the student with explanation as to why being removed, and an opportunity to present his/her version of the events.
      3. Within 24 hours of removal, parents / persons of parental relations must be notified by principal or his/her designee of removal and reasons for removal.
      4. Informal conference – If the pupil denies the charge, an opportunity for informal hearing must take place with parents / persons of parental relations and principal or his/her designee within 48 hours of removal.
      5. Principal’s determination – The principal must make a determination by close of business on the day following the informal conference to either uphold or reverse determination (determination can only be reversed if finding lacks substantial evidence, is inconsistent with Code, a violation of law, or if conduct warrants suspension). The principal may designate a school District administrator (e.g., an assistant principal) to carry out the principal’s functions in this regard. A pupil may return when: (a) the principal or designee makes a final determination, or (b) the period of removal expires, whichever is less.

    3. Continued Educational Programming

      In the event of a disruptive student in accordance with this Code, continued educational programming will be provided during the period of removal as soon as is practicable. The type of continued educational programming will vary depending upon the student’s individual needs but may consist of, for example, in-school suspension, or other instruction as provided by the teacher and determined by the principal.
      1. Staff
        Removal shall be determined in accordance with applicable law and collective bargaining agreement.
      2. Visitors and Contractors
        Removal of visitors and contractors will be accomplished in accordance with section B(5) of this Code.