SB614 SFA TAKUBO #1 3-9

Hager  7871

Senator Takubo moved to amend the House amendment to the bill on pages 5 and 6, section one, lines 102 through 142, by striking out all of subsection (j) and inserting in lieu thereof a new subsection (j), to read as follows:

(j)  A grade kindergarten through six teacher in an elementary setting may remove a student pursuant to this subsection upon documentation by the teacher that the student is repeatedly interfering with the teacher’s instruction and classmates' ability to learn if the teacher determines that the student has consistently shown unruly or disruptive behavior. "Unruly" and "disruptive" behavior by the student is defined as a behavior that seriously and materially interferes with a teacher's ability to communicate effectively with the students in a class, with the ability of the student's classmates to learn, or with the operation of school or a school-sponsored activity. For purposes of removal from the classroom under this section, "unruly" or "disruptive" behavior does not include normal or anticipated actions by the student commensurate with his or her respective grade level.

(1) The student may not be returned to that teacher’s classroom without the teacher’s consent unless the school discipline team, established by each individual school, determines that such placement is the best or only alternative available.

(2) Not later than the third day of class after the day on which a student is removed from class by the teacher under this subsection, or by the school principal or other appropriate administrator under this subsection, the school discipline team shall schedule a conference including the teacher who requested removal of the student, the parent or the guardian of the student, and the principal. The student may not be returned to the regular classroom pending the conference. Following the conference, and whether or not each requested person is in attendance after valid attempts to require the persons attendance, the school discipline team shall take consideration of the factors under this subsection and shall order the placement of the student for a period consistent with the schoolwide discipline policy.

(4) Before ordering the suspension, expulsions, removal to a disciplinary alternative education program, or placement in another classroom, the school discipline team shall consider the students disciplinary history and whether the student has a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the students conduct.

(5) In instances when the behavior of the student is violent, threatening, or intimidating toward staff or peers, or creates an unsafe learning environment or impedes on other students' ability to learn in a safe environment, the student may be removed through the provisions set forth in subsection (k) of this subsection.

Adopted

Rejected