Brandywine School District - Student Code of Conduct 2022-2023

APPENDIX IV A LAWFUL AUTHORITY OF TEACHERS OVER PUPILS Authority of teachers and administrators to control the disrup ve behavior of students.

A. As used in this chapter: 1. “Department” means the Department of Educa on.

2. “Disrup ve behavior” means conduct that is so unruly, disrup ve, or abusive that it seriously interferes with a school teacher’s or school administrator’s ability to communicate with the students in a classroom, with a student’s ability to learn, or with the opera on of a school or a school-sponsored ac vity.

2. “Racial subgroup” means the racial and ethnic subgroups of students as defined under the Elementary and Secondary Educa on Act of 1965, 20 U.S.C. § 6301 et seq., as amended, which includes African American or Black, American Indian or Alaska Na ve, Asian American, Na ve Hawaiian or other Pacific Islander, Hispanic or La no, White or Caucasian, and Mul -Racial.

4. “School” means a tradi onal public school, voca onal technical school, or charter school.

5. “Subgroup” means as subgroup is defined under the Elementary and Secondary Educa on Act of 1965, 20 U.S.C. § 6301 et seq., as amended, which includes racial subgroups, economically disadvantaged students, children with disabili es, and English learners.

B. While a student is entrusted in their care or supervision, public school teachers, and administrators have the same authority to control the behavior of the student and to discipline or punish the student as a parent, custodian, guardian, or other person similarly responsible for the care and supervision of the student except as provided in §§ 702 and 4112F of this tle. The authority includes removing a student from a classroom or school-sponsored ac vity.

C. When a teacher removes a student from a classroom or school-sponsored ac vity in an effort to control the student’s disrup ve behavior, an on-site school administrator may, upon a wri en showing of good cause, override the teacher’s decision to remove the student from the classroom or schoolsponsored ac vity. Before overriding a teacher’s decision, the administrator shall strongly presume that the teacher’s decision to remove the student was reasonable and necessary under the circumstances.

D. Wa student is removed from a classroom or school-sponsored ac vity or is disciplined or punished pursuant to this sec on, the principal or the principal’s designee shall afford the student appropriate due process as required by the federal and State cons tu ons.

E. When a student is removed from a classroom or school-sponsored ac vity, the principal or the principal’s designee and the removing teacher shall determine if and when a student may be readmi ed to the classroom or school-sponsored ac vity. If the teacher and principal or principal’s designee cannot agree, the superintendent or the superintendent’s designee shall make the determina on.

F. When a teacher or school administrator removes a student from a classroom or school-sponsored ac vity or disciplines or punishes a student, a rebu able presump on exists that the teacher or administrator acted reasonably, in good faith, and in accordance with State or local board of educa on policy. The burden of overcoming the presump on shall be upon the student.

G. Each local board of educa on shall establish, adopt, publish, and distribute 104